20120927 BMMIAMI BEACH
Special City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 27, 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-5:00 p.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
Presentations and Awards
PA Presentations and Awards
Consent Agenda
C2 Competitive Bid Reports
C4 Commission Committee Assignments
C6 Commission Committee Reports
C7 Resolutions
Regular Agenda
R2 Competitive Bid Reports
RS Ordinances
R7 Resolutions
R9 New Business and Commission
R 1 0 City Attorney Reports
Reports and Informational Items
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
1
Commission Agenda, September 27, 2012
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C4 -Commission Committee Assignments
C4A Referral To Neighborhood/Community Affairs Committee A Discussion To Enhance The Capital
Project Entitled Normandy Shores Golf Course Aluminum Picket Security Fence.
(Requested by Commissioner Jerry Libbin)
C7 -Resolutions
C? A A Resolution Adopting And Appropriating Funds For The Fiscal Year 2012/13 Police Special
Revenue Account Budget In The Amount Of $55,000 For The Purchase Of Those Items Set Forth In
Exhibit "A," And Such Account Funded By Unclaimed Evidence Currently Held In The Police Special
Revenue Account.
(Police Department)
C?B A Resolution Adopting And Appropriating Funds For The Police Confiscation Trust Fund Budget For
Fiscal Year 2012/131n The Amount Of $1,202,100, To Be Funded From State Confiscated Funds In
The Amount Of $1,019,300 And Federal Justice Confiscated Funds In The Amount Of $182,800, For
The Appropriation And Expenditure Of Those Items Set Forth In Exhibit "A," Which Shall Be Funded
Through The Police Confiscation Trust Fund.
(Police Department)
C?C A Resolution Adopting And Appropriating Funds For The Fiscal Year 2012/2013 Police Training &
School Resources Fund Budget In The Amount Of $35,000.
(Police Department)
C?D A Resolution Adopting And Appropriating The Third Amendment To The Police Confiscation Trust
Fund Budget For Fiscal Year 2011/12 In The Amount Of $82,372 To Be Funded From The Proceeds
Of State Confiscated Funds.
(Police Department)
{Memorandum & Resolution To Be Submitted In Supplemental)
End of Consent Agenda
2
Commission Agenda, September 27, 2012
REGULAR AGENDA
R5 -Ordinances
R5A Ordinances Modifying The Building, Fire, Planning And Public Works Departments Fees Related To
The Building Development Process Implemented On February 1, 2010.
1. An Ordinance Amending Section 14-61 "Permit Fees"; Section 14-62 "Building Permits"; And
That Portion Of Appendix A Of The City Code By Modifying Inspection Fees For Building,
Plumbing, Electrical, And Mechanical Work, And For Other Building Department Activities;
Providing For Repealer, Severability, Codification, And An Effective Date. 5:05p.m. Second
Reading Public Hearing
2. An Ordinance Amending Section 50-3 "Plans Examination, Inspections, Permits" And That
Portion Of Appendix A Of The City Code By Modifying Inspection Fees For Building,
Plumbing, Electrical, And Mechanical Work, And For Other Fire Department Activities;
Providing For Repealer, Severability, Codification, And An Effective Date. 5:05p.m. Second
Reading Public Hearing
3. An Ordinance Amending Section 15-40 "Refunds"; 15-42 "Adjusted Rates"; And That Portion
Of Appendix A Of The City Code By Modifying Zoning Fees For Building, Plumbing, Electrical,
And Mechanical Work, And For Other Planning Department Activities; Providing For Repealer,
Severability, Codification, And An Effective Date. 5:05p.m. Second Reading Public Hearing
4. An Ordinance Amending Section 98-94 "Refunds"; And That Portion Of Appendix A Of The
City Code By Modifying Inspection Fees For Building, Plumbing, Electrical, And Mechanical
Work, And For Other Public Works Department Activities; Providing For Repealer,
Severability, Codification, And An Effective Date. 5:05p.m. Second Reading Public Hearing
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Building Department)
(First Reading on September 12, 2012)
R7 -Resolutions
R7A1 A Resolution Adopting: 1) The Final Ad Valorem Millage Of 6.0909 Mills For General Operating
Purposes, Which Is Eight And Four-Tenths Percent (8.4%) More Than The "Rolled-Back" Rate Of
5.6184 Mills; And 2) The Debt Service Millage Rate Of 0.2568 Mills For Fiscal Year (FY) 2012/13.
5:01 p.m. Second Reading Public Hearing
(Office of Budget & Performance Improvement)
R7 A2 A Resolution Adopting Final Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes,
Enterprise, And Internal Service Funds For Fiscal Year (FY) 2012/13. 5:01 p.m. Second Reading
Public Hearing
(Office of Budget & Performance Improvement)
3
Commission Agenda, September 27, 2012
R7 -Resolutions (Continued)
R7B1 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood
Improvement District Adopting The Final Ad Valorem Millage Of 1.1444 Mills For Fiscal Year (FY)
2012/13 For The Normandy Shores Local Government District, Which Is Thirteen And Seven-Tenth
Percent (13.7%) More Than The "Rolled-Back" Rate Of 1.0063 Mills. 5:02p.m. Second Reading
Public Hearing
(Office of Budget & Performance Improvement)
R7B2 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood
Improvement District Adopting The Final Operating Budget For Fiscal Year (FY) 2012/13. 5:02p.m.
Second Reading Public Hearing
(Office of Budget & Performance Improvement)
R7C A Resolution Approving The Capital Improvement Plan For Fiscal Years (FY) 2012/13-2016/17 And
Appropriating The City Of Miami Beach Capital Budget For FY 2012/13. Joint City Commission and
Redevelopment Agency
(Budget & Performance Improvement)
R7D A Resolution Adopting Fiscal Year (FY) 2012/13 Budgets For Special Revenue Funds For Resort
Tax; The ih Street Parking Garage Operations; The 51h & Alton Parking Garage Operations; Art In
Public Places (AiPP), Tourism And Hospitality Scholarship Program, Green/Sustainability Funds,
Waste Hauler Additional Services And Public Benefit Funds, Education Compact Funds, Red Light
Camera Funds, And Emergency 911 Funds.
(Budget & Performance Improvement)
4
Commission Agenda, September 27, 2012
R7 -Resolutions (Continued)
R7E Independent Contractor Agreements
1. A Resolution Authorizing The City Manager, On Behalf Of The City, To Enter Into Certain
Independent Contractor Agreements For Professional And Other Services, As Required And
As The City Manager Deems In The Best Interest Of The City, Subject To And Contingent
Upon The Following Parameters: 1) The City Manager Shall Only Enter Into Contracts For
Such Professional And Other Services To Provide Services And/Or Work Related To Vacant
Budgeted Positions, As Identified In The City's Approved Fiscal Year (FY) 2012/2013 Annual
Budget; 2) The Amount Of The Fee And/Or Other Compensation To Be Paid By The City
Under Such Contract(s) Shall Not Exceed The Authorized Amount For The Respective
Position/Classification, As Set Forth, Respectively, In The City's Classified Or Unclassified
Salary Ordinance (As The Case May Be); 3) The Term Of Any Independent Contractor
Agreement Authorized Herein Shall Not Extend Beyond The End Of FY 2012/2013
(September 30, 2013); 4) At A Minimum, The City Manager Shall Require That Any
Independent Contractor Agreement Entered Into Pursuant To This Resolution Shall Utilize
The City's Standard Form For Independent Contractors (As Attached To This Resolution),
Provided That The City Manager May Incorporate Additional Terms, Which May Be More
Stringent Than The City's Form, But Not More Lenient; And 5) Providing That The Authority
Granted To The City Manager Pursuant To This Resolution Shall Be Brought To The City
Commission For Renewal Annually As Part Of The Annual Operating Budget Approvals.
2. A Resolution Authorizing The City Manager, On Behalf Of The City, To Enter Into Certain
Independent Contractor Agreements For The Following Services, As Required And As The
City Manager Deems In The Best Interest Of The City: Dance Instruction; Ice Skating
Instruction; Athletics Instruction/Coaching; Aerobics Instruction; Fitness Instruction; Literacy,
Math And SAT Tutoring; Computer (IT) Services; School Liaison Officers; Resident Project
Representatives (RPR); Community Information Services; Construction Cost Estimating/
Consulting Services; Television Production Services; Videographer Services; Graphic
Designer Services; Program Monitor Services; Cost Allocation Service; Job Audits; Step Ill
Disciplinary Grievance Hearing Officer; Auditors; Historical Researcher; And Latent Examiner
Services; Provided Further That The City Manager Shall Be Authorized To Negotiate, Enter
Into, And Execute The Aforestated Agreements Subject To The Following Minimum
Parameters: 1) The Amount Of The Fee And/Or Other Compensation To Be Paid By The City
Under Such Agreement(s) Shall Not Exceed The Authorized Amount For The Respective
Services, As Set Forth In The City's Approved Fiscal Year (FY) 2012/2013 Annual Budget; 2)
The Term Of Any Services Agreement Authorized Herein Shall Not Extend Beyond The End
Of FY 2012/2013 (September 30, 2013); 3) At A Minimum, The City Manager Shall Require
That Any Agreement Entered Into Pursuant To This Resolution Shall Utilize The City's
Standard Form Independent Contractor Agreement (As Attached To This Resolution),
Provided That The City Manager May Incorporate Additional Terms, Which May Be More
Stringent Than The City's Form, But Not More Lenient; And 4) Providing That The Authority
Granted To The City Manager Pursuant To This Resolution Shall Be Brought To The City
Commission For Renewal Annually As Part Of The Annual Operating Budget Approvals.
(Human Resources)
5
Commission Agenda, September 27, 2012
R7 -Resolutions (Continued)
R7F A Resolution Re-Affirming The New Living Wage Rates For Fiscal Year (FY) 2012-2013, In
Accordance With The Three Year "Phase-In" Approved Pursuant To Ordinance No. 201 0-3682; With
Such Rates To Be Effective October 1, 2012 As Follows: $11.28 Per Hour With Contributions
Towards Health Benefits Of At Least $1.64 Per Hour, And $12.92 Per Hour Without Benefits.
(Procurement)
R7G A Resolution Authorizing The Appropriation Of $1,200,000 From Fiscal Year 2012/13 People's
Transportation Plan Funds And $49,515 From Fiscal Year 2012/13 South Beach Concurrency
Mitigation Funds, To Fund The Operating Budget For The South Beach Local In Miami Beach; And
Further Appropriating $275,000 From Fiscal Year 2012/13 People's Transportation Plan Funds For
Administrative And Technical Operating Expenditures, As Part Of The Five Percent (5%) Allowable
For Administrative Assistance And Technical Assistance.
(Public Works)
R7H A Resolution Amending Resolution 2010-27326, Increasing The Present Fire Rescue Transport Fees
From $500.00 To $800.00 For Basic Life Support, From $600.00 To $800.00 For Advanced Life
Support 1, $800.00 For Advanced Life Support 2 To Remain The Same, From $10.00 To $15.00 For
Mileage Per Mile Or Fraction Thereof, Implementing New Fees Of $175.00 For Auto Pulse Lifebands,
$100.00 For Rescue Pods, $100.00 For Defibrilation Pads, $100.00 For EZ-10 Needles, And $25.00
For Calls Requiring Special Handling (I.E. Extrication, Etc.), Charging Current Fees For All
Expendable Medical Supplies, With Services Not To Be Withheld Due To A Person's Inability To Pay;
Amending Resolution No. 2003-25306 Which Established The Current Schedule Of User Fees For
Various Parks And Recreation Programs And Services, Facility Admissions And Rentals And Other
Related Activities By Modifying Specific Fees For The Daily Rental Of A Pavilion In North Shore Open
Space Park From $75.00 To $125.00 For Residents And $250.00 For Non-Residents; Modifying The
Current Hourly Fee Charged For City Of Miami Beach Parks And Recreation Department Staff
Assigned To Parties, Events And Rentals From $25.00 To $35.00; And Further Amending Resolution
No. 2007-26594, Which Established Rental Rates For The Byron Carlyle, Colony And Little Stage
(ACORN) Theaters; To Establish A $1.00 Per Ticket Facility Surcharge And A Ticket Revenue Share
Program, As Set Forth In This Resolution.
(Tourism & Cultural Development)
R71 A Resolution Adopting The Miami Beach Cultural Arts Council's Fiscal Year 2012/13 Budget In The
Amount Of $1,164,000.
(Tourism & Cultural Development)
R7 J A Resolution Accepting The City Manager's Recommendation, And Approving The Cultural Arts
Council's Funding Recommendations, And Awarding $650,000 In Cultural Arts Grants, For Fiscal
Year 2012/13, As Identified In The Attached Exhibit "A"; And Further Authorizing The Mayor And City
Clerk To Execute Said Grant Agreements, And Make The Award Of Said Grant Monies Subject To
And Contingent Upon The Approval Of The Cultural Arts Council's Budget For The Fiscal Year
2012/13.
(Tourism & Cultural Development)
6
Commission Agenda, September 27, 2012
R7 -Resolutions (Continued)
R7K A Resolution Adopting And Approving The Miami Beach Visitor And Convention Authority (MBVCA)
FY 2012/13 Budget, In The Amount Of $2,594,692.
(Tourism & Cultural Development)
R7L A Resolution Approving An Allocation, In The Amount Of $585,501, From FY 12/13 General Fund
Account No. 011.0930; Said Allocation To Be Provided And Utilized By The Friends Of The Bass
Museum, Inc., For The Purpose Of Continuing To Fund And Provide Certain Operating Expenses At
The Bass Museum Of Art, Through September 30, 2013; And Further Authorizing The City Manager
To Execute A New Letter Agreement With The Friends Of The Bass Museum, Inc. Memorializing The
Parties' Respective Obligations With Regard To Certain Management And Operation Responsibilities
Of The Bass Museum Through September 30, 2013.
(Tourism & Cultural Development)
R7M A Resolution Authorizing A Loan In An Aggregate Principal Amount Not To Exceed $50,000,000
Outstanding At Any Time From JPMorgan Chase Bank, N.A., To Pay Costs Of Capital Projects;
Authorizing The Execution And Delivery Of A Loan Agreement And Promissory Notes To Evidence
The Obligation Of The City To Repay Such Loan; Providing Security For The Repayment Of The
Loan; Authorizing Other Actions In Connection With The Loan And The Financing Program; And
Providing For An Effective Date.
(Finance Department)
R9 -New Business and Commission Requests
R9A Discussion Regarding Update On The Negotiations With Former City Manager Jorge Gonzalez.
(City Attorney's Office)
End of Regular Agenda
7
Commission Agenda, September 27, 2012
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 27, 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, Adopting And Appropriating The Miami Beach Redevelopment Agency Capital
Budget For Fiscal Year (FY) 2012/13 And Adopting The Capital Improvement Plan For
2012/13 Through 2016/17. Joint City Commission and Redevelopment Agency
(Budget & Performance Improvement)
B A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency
Adopting And Appropriating The Operating Budget For The City Center Redevelopment Area,
The Anchor Shops And Parking Garage And The Pennsylvania Avenue Shops And Parking
Garage For Fiscal Year 2012/13.
(Budget & Performance Improvement)
End of RDA Agenda
8
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie G. Brooks, Interim City Manager
FROM: Jerry Libbin, Commissioner
DATE: September 21, 2012
SUBJECT: Referral Item for September 27, 2012 Commission Meeting
Please place on the September 2ih Commission Meeting agenda a referral to the October
Neighborhood/Community Affairs Committee meeting a discussion to enhance the capital
project entitled Normandy Shores Golf Course Aluminum Picket Security Fence.
Please contact my office at x71 06 if you have any questions.
JL/er
.,, · · .d. 1, b'· . d , . 11 1 .. , J 1 Agenda Item v vf:Y ore commJ!ted !o prov1 mg exce .eni pu oc sen'ice on .sorew fo o w 10 /Jve, worK .. onr pay in OUI 1 --..:...:....---
Date
10
K
11
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution adopting and appropriating funds for the Fiscal Year 2012/13 Police Special
Revenue Account Budget in the amount of $55,000.
Key Intended Outcome Supported:
1 Increase Resident and Business ratings of Public Safety.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
Public Policy Residential and Business Satisfaction Survey of City of Miami Beach residents in 2009,
indicated that their three top most important areas of for the City of Miami Beach to address in an
effort to improve public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws
36.1% and Increasing Visibility of Police in Neighborhoods 32.4%,
Issue:
Shall the Mayor and City Commission adopt and appropriate funds for the purchase of
miscellaneous items for the Miami Beach Police Department?
Item Sum on:
Unclaimed evidence totaling $55,000 has been in the custody of the Police Property and Evidence
Unit past the sixty (60) day waiting period. These funds have now been placed in the Police Special
Revenue Account Fund as provided by Resolution 90-19931, passed on March 7, 1990.
The Administration recommends that the Mayor and City Commission adopt the budget for the
Fiscal Year 2012/13 Police Special Revenue Account in the amount of $55,000 and appropriate
funds.
oard Recommendation:
Financial Information:
Source of Amount Account : . Approved
Funds: 1 $ 55,000 I Special Revenue Account
1195.8000.369993
j). rrf 2
3
4
OBPI Total $ 55,000
Financial Impact Summary:
(t,di Clerk's Office Le islative Trackin : \0 Mauvett Rattigan, Miami Beach Police Department y
Assistant City Manager
MIAMI BEACH
13
AGENDA ITEM ___ ;............._
DATE ........_-"'-.........,c..=.-
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 om mission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING FUNDS
FOR THE FISCAL YEAR 2012/13 POLICE SPECIAL REVENUE ACCOUNT
BUDGET IN THE AMOUNT OF $55,000 FOR THE PURCHASE OF ITEMS
SET FOURTH IN EXHIBIT "A," AND SUCH ACCOUNT FUNDED BY
UNCLAIMED EVIDENCE CURRENTLY HELD IN THE POLICE SPECIAL
REVENUE ACCOUNT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Florida Statute 705.105 "Procedure for Unclaimed Evidence" provides that unclaimed
evidence in the custody of the court from a criminal proceeding, or seized as evidence
by and in the custody of a law enforcement agency, shall become the property of that
law enforcement agency 60 days after the conclusion of the proceedings.
In March 1990, a special account was established titled "Police Special Revenue
Account" in the Special Revenue Fund. Funds for this account are made available in the
Police Property and Evidence Unit, as unclaimed evidence, in accordance with Florida
Statute 705.105 outlined above.
Unclaimed evidence totaling $55,000 has been in the custody of the Police Property and
Evidence Unit past the sixty (60) day waiting period. These funds have now been
placed in the Police Special Revenue Account Fund, as provided in Resolution 90-
19931, passed on March 7, 1990.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Budget
for the Fiscal Year 2012/13 Police Special Revenue Account, and appropriate the
amount of $55,000 to provide funds for the purchase of miscellaneous items for the
Police Department listed on Exhibit "A". /)
KGB: MR \-;\V~~
14
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR 2012/2013 POLICE
SPECIAL REVENUE ACCOUNT BUDGET IN THE AMOUNT OF
$55,000.00 FOR THE PURCHASE OF THOSE ITEMS SET FORTH IN
EXHIBIT "A," AND SUCH ACCOUNT FUNDED BY UNCLAIMED
EVIDENCE CURRENTLY HELD IN THE POLICE SPECIAL REVENUE
ACCOUNT.
WHEREAS, Section 705.105 of the Florida Statutes, sets forth the procedure for
unclaimed evidence, which is seized by, and in the custody of the Miami Beach Police
Department, and shall vest permanently in the Miami Beach Police Department sixty (60) days
after the conclusion of the proceeding; and
WHEREAS, $55,000.00 was seized, and has been in the custody of the Miami Beach
Police Department Property and Evidence Unit in excess of the statutory period set forth in
Section 705.105 of the Florida Statutes; and
WHEREAS, said funds have vested permanently in the Miami Beach Police Department,
and have now been placed in the Police Special Revenue Account Fund, as provided by
Resolution No. 90-19931, adopted on March 7, 1990.
WHEREAS, the Miami Beach Police Department seeks to purchase those items
identified on Exhibit "A."
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, adopting and appropriating funds for the fiscal year
2012/2013 Police Special Revenue Account budget in the amount of $55,000.00 for the
purchase of those items set forth in Exhibit "A," and such account funded by unclaimed
evidence currently held in the Police Special Revenue Account.
PASSED and ADOPTED this ___ day of September, 2012.
ATTEST BY:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
15
COMMUNITY ACTIVITIES
EXHIBIT"A"
MIAMI BEACH POLICE DEPARTMENT
SPECIAL REVENUE ACCOUNT
BUDGET
FISCAL YEAR 2012/13
$
LAW ENFORCEMENT EQUIPMENT AND SUPPLIES $
FACILITIES MAINTENANCE $
30,000 195-6045-000362
20,000 195-6045-000343
5,000 195-6045-000312
TOTAL $ 55,000
16
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution adopting and appropriating funds for the Fiscal Year 2012/13 Police Confiscation
Trust Fund Budget in the amount of $1,202,100 to be funded from the proceeds of the State and
Federal Confiscated Funds.
Key Intended Outcome Supported:
Increase Resident and Business ratings of Public Safety.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
Public Policy Residential and Business Satisfaction Survey of City of Miami Beach residents in 2009,
indicated that their three top most important areas of for the City of Miami Beach to address in an effort to
improve public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and
lncreasinq Visibility of Police in Neiqhborhoods 32.4%,
Issue:
all the Mayor and City Commission adopt and appropriate funds for the Fiscal Year 201
Police Confiscation Trust Fund Bud et?
Item Summary/Recommendation:
As part of the City's annual budget process, the Finance and Citywide Projects Committee
(FCWPC) reviewed and approved the proposed Police Confiscation Trust Fund budget at their
July 25, 2012 meeting. Florida Statute 932.7055 provides for expenditures of forfeiture funds for
law enforcement purposes. As a matter of policy, confiscation funds are typically utilized for
capital purchases or one-time, non-recurring expenses, including specialized equipment, grant
matches and organizational training.
The Administration recommends that the Mayor and City Commission adopt the Budget for the
Fiscal Year 2012/13 Police Confiscation Trust Fund and appropriate funds in the amount of
$1,202,100 to be funded from the proceeds of State and Federal Confiscation Funds as listed in
Exhibit "A".
Board Recommendation:
Financial Information:
Source of. Amount Account
Funds: 1 Confiscation Funds:
I
ljb· ' 2 $1,019,300 , 607-8000-351210 State funds-Confiscation
..) -1> 182,800 i 603-8000-351211 Federal Justice funds { 4
OBPI Total ! $1,202,100
rmanc1allmpact Summary:
e Trackin :
Rattigan, Miami Beach Police Department
Department Director ssistant City Manager c
~f---4~--------------------~~--------
MIAMI BEACH 17
AGENDA IT EM ---:-~-7:-"8""---
DATE 9-JZ-Il-
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING
FUNDS FOR THE POLICE CONFISCATION TRUST FUND BUDGET FOR
FISCAL YEAR 2012/131N THE AMOUNT OF $1,202,100, TO BE FUNDED
FROM STATE CONFISCATED FUNDS IN THE AMOUNT OF $1,019,300
AND FEDERAL JUSTICE CONFISCATED FUNDS IN THE AMOUNT OF
$182,800, FOR THE APPROPRIATION AND EXPENDITURE OF THOSE
ITEMS SET FORTH IN EXHIBIT "A," WHICH SHALL BE FUNDED
THROUGH THE POLICE CONFISCATION TRUST FUND.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
As part of the City's annual budget process, the Finance and Citywide Projects
Committee (FCWPC) reviewed and approved the proposed Police Confiscation Trust
Fund budget at their July 25, 2012 meeting. Florida Statute 932.7055 provides for
expenditures of forfeiture funds for law enforcement purposes. As a matter of policy,
confiscation funds are typically utilized for capital purchases or one-time, non-recurring
expenses, including specialized equipment, grant matches and organizational training.
The Miami Beach Chief of Police, Raymond Martinez, reviewed and identified the need
for the appropriation of these funds and ensured that the expenditures of forfeiture funds
are in compliance with Section 932.7055, Florida State Statutes, and the Guide to
Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies.
These forfeiture funds have been deposited in the Police Confiscation Trust Fund. In
addition, the City has complied with all statutory procedures involved in the transaction
of these funds.
As part of the FCWPC meeting, a thorough review of the proposed expenditures for FY
2012/13 was presented. A summary of the FY 2012/13 Confiscation Budget is as
follows, and is attached as Exhibit "A":
Federal Funds-$182.800
• Traffic Signs cross walk (Pedestrian Traffic Sign Enhancement)
• Sniper Rifle & Night Scope for SWAT Team
18
• 50 Officer Mounted Video-Pilot Program Entertainment District first, then
expanded in the future)
• Organizational Development Travel
• Special Travel due to off-site tests/evaluations of equipment
• Training
• Reimbursement for purchase of Bullet Proof Vests
As part of the collective bargaining agreement with the Fraternal Order of Police, the City
has committed to reimburse officers for the purchase of bullet proof vests. In past years,
along with a confiscation funds, the City offset the reimbursement through a grant from
the Department of Justice's Bullet Proof Vest Partnership. Recently, the grant amended
its requirements to include a mandatory "must wear" policy in place by applying
agencies. Due to this new requirement, the City was unable to apply for the FY 2012/13
funding cycle, as this policy is currently not in place in the Miami Beach Police
Department. As such, the reimbursement for this specialized equipment has been
included in the expenditure of Federal forfeiture funds.
State Funds-$1 ,019,300
• Crime Prevention Initiatives & School Liaison Projects
• Costs connected with prosecution/processing of forfeitures
• Victim of Crimes Act (VOCA) Grant Match for Victim's Advocate Salary
• Contracting of Latent Print Examiner expertise
• Simulator Warranty (not covered by the grant)
• AR Rifle Grant Match
• Mobile Command Vehicle
• Traffic Signs cross walk (Pedestrian Traffic Sign Enhancement)
• Panasonic Tough Books for Motors, Canine and Marine Patrol Units
• Multiple Cartridge Tasers
• Shelving for Property & Evidence Unit-Moving portion of unit to 3rd floor
• Training Room for Advanced Defensive Tactics Training/ Citizens Police
Academy
Future Costs Related to Purchases
The purchase of the Tough Books, the shelving for the Property & Evidence Unit and the
Training Room for Advanced Defensive Tactics are all one-time expenditures in FY
2012/13. There are replacement costs associated with the purchases items outlined as
part of the FY 2012/13 Confiscation Budget. These costs include $57,000 for the
replacement of nineteen (19) Tough Books, which will need to be replaced in three (3)
years and $44,000 for the replacement of forty-four (44) multiple cartridge tasers, which
will also need to be replaced in three (3) years. In addition, there are recurring operating
costs for Mobile Command Unit for approximately $5,300 per year, which includes a 3-
year warranty, fuel and preventive maintenance costs.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Budget
for the Fiscal Year 2012/13 Police Confiscation Trust Fund and appropriate funds in the
amount of $1,202,100 to be funded from the proceeds of State and Federal Confiscation
Funds as listed in Exhibit "A."
19
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND
APPROPRIATING FUNDS FOR THE POLICE CONFISCATION
TRUST FUND BUDGET FOR FISCAL YEAR 2012/2013 IN THE
AMOUNT OF $1,202,100.00, TO BE FUNDED FROM STATE
CONFISCATED FUNDS IN THE AMOUNT OF $1,019,300.00
AND FEDERAL JUSTICE CONFISCATED FUNDS IN THE
AMOUNT OF $182,800.00, FOR THE APPROPRIATION AND
EXPENDITURE OF THOSE ITEMS SET FORTH IN EXHIBIT
"A," WHICH SHALL BE FUNDED THROUGH THE POLICE
CONFISCATION TRUST FUND.
WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and
procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust
Fund; and
WHEREAS, the proceeds and interest earned from the Police Confiscation Trust Fund is
authorized to be used for crime prevention, safe neighborhood, drug abuse education and
prevention programs, or for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds upon request to the
City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police
Department by the City of Miami Beach Commission; and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification which states that this request complies with the provisions of Section 932.7055 of
the Florida Statutes (written certification attached as Exhibit B), and the Guide to Equitable
Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and
WHEREAS, the Police Confiscation Trust Fund budget for fiscal year 2012/2013 in the
amount of $1 ,202, 100.00 shall be funded from State Confiscated Funds in the amount of
$1 ,019,300.00, and Federal Justice Confiscated Funds in the amount of $182,800.00, as
reflected in the attached Exhibit "A"; and
WHEREAS, funds in the amount of $1,202,100.00 are available in the Police
Confiscation Trust Fund.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, adopting and appropriating funds
for the Police Confiscation Trust Fund budget for fiscal year 2012/2013 in the amount of
$1 ,202, 100.00, to be funded from State confiscated funds in the amount of $1 ,019,300.00 and
Federal Justice confiscated funds in the amount of $182,800.00, for the appropriation and
expenditure of those items set forth in Exhibit "A," which shall be funded through the Police
Confiscation Trust Fund.
PASSED and ADOPTED this---·-day of September, 2012.
ATTEST BY:
RALPH E. GRANADO, CITY CLERK
"EXHIBIT A"
MIAMI BEACH CONFISCATED TRUST FUND BUDGET
FISCAL YEAR 2012/13
FEDERAL CONFISCATION FUNDS-Justice:
ORGANIZATIONAL TRAINING:
1) ORGANIZATIONAL DEVELOPMENT TRAINING
2) SPECIAL TRAVEL DUE TO OFF-SITE TESTING AND EVALUATION
3) TRAINING SUPPLEMENT TO LETF
TRAFFIC SIGNS CROSS WALK (PEDESTRIAN TRAFFIC SIGN ENHANCEMENT)
SNIPER RIFLE & NIGHT SCOPE FOR THE SWAT TEAM
50 OFFICER MOUNTED VIDEO PILOT PROGRAM
(ENTERTAIMENT DISTRICT FIRST, THEN EXPANDED IN THE FUTURE)
BULLET PROOF VESTS
TOTAL OF FEDERAL CONFISCATION FUNDS-Justice:
21
42,000
8,000
40,000 $ 90,000
$ 5,000
$ 11,800
$ 51,000
$ 25,000
182,800
"EXHIBIT A CONTINUED"
MIAMI BEACH CONFISCATED TRUST FUND BUDGET
FISCAL YEAR 2012/13
STATE FUNDS:
COST CONNECTED WITH THE PROSECUTION AND PROCESSING OF STATE
FORFEITURE CASES
CRIME PREVENTION INITIATIVES & SCHOOL LIAISON PROJECTS
CONTRACTING OF LATENT PRINT EXAMINER EXPERTISE
MOBILE COMMAND VEHICLE
PANASONIC TOUGH BOOKS FOR MOTORS & MARINE PATROL UNITS
(ONE TIME EXPENSE IN FY13)
MULTIPLE CARTRIDGE TASER
TRAFFIC SIGNS CROSS WALK (PEDESTRIAN TRAFFIC SIGNS ENHANCEMENT)
SHELVING FOR PROPERTY & EVIDENCE UNIT -MOVING PORTION OF UNIT TO
3RD FLOOR (ONE TIME EXPENSE IN FY13)
TRAINING ROOM FOR ADVANCED DEFENSIVE TACTICAL TRAINING/CITIZENS
POLICE ACADEMY (ONE-TIME EXPENSE IN FY13)
SUB-TOTAL OF STATE FUNDS
GRANT MATCH:
VOCA SALARY MATCH-Victims Advocate
AR RIFLE PROGRAM/INITIATIVE-City's match for reimbursement of rifles at $500,
SUB-TOTAL OF STATE FUNDS (Grant Match)
TOTAL OF STATE FUNDS:
22
$ 20,000
$ 30,000
$ 72,000
$ 500,000
$ 78,300
$ 44,000
$ 5,000
$ 200,000
$ 10,000
$ 959,300
$ 45,000
$ 15,000
$ 60,000
$ 1,019,300
EXHIBIT "B"
CERTIFICATION
I, Raymond Martinez, Chief of Police, City of Miami Beach, do hereby certify that the
aforementioned proposed request for expenditures from the City of Miami Beach Police
Confiscation Trust Fund, for the 2012/2013 fiscal year providing funds for expenditures,
complies with the provisions of Section 932.7055(4)(a), Florida Statutes, and the Guide to
Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies.
Raymond Martinez, Chief of Police
Miami Beach Police Department
Date
23
24
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution adopting and appropriating funds for the Fiscal Year 2012/13 Police Training
School Resources Fund Bud et in the amount of $35,000.
Key Intended Outcome Supported:
Increase Resident and Business ratings of Public Safety.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
Public Policy Residential and Business Satisfaction Survey of City of Miami Beach residents in 2009,
indicated that their three top most important areas of for the City of Miami Beach to address in an
effort to improve public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws
36.1% and Increasing Visibility of Police in Neighborhoods 32.4%,
Issue:
Shall the Mayor and City Commission adopt and appropriate funds for education of Miami Beach
Police Department personnel?
Item Summary/Recommendation:
The Police Training & School Resources Fund provides funds for the education of police personnel
at various schools, conferences, and workshops and for the purchase of training/operational
supplies in accordance with guidelines established by the Division of Criminal Justice Standards and
Training, as provided by Section 938.15, Florida Statutes the source of such funds being court costs
from criminal proceedings.
In accordance with Florida Statute, Section 938.15, Criminal Justice Trust Fund, such funds are
projected to be received amounting to $35,000.
The Administration recommends that the Mayor and City Commission adopt the budget for the
Fiscal Year 2012/13 Police Training & School Resources Fund and appropriate funds in the amount
of $35,000.
rd Recommendation:
Financial Information:
Source of
Funds:
OBPI
Amount
35,000
35,000
Financial Impact Summary:
Clerk's Office le islative Trackin :
Mauvett Rattigan, Miami Beach Police Department
Assistant City Manager
MIAMI BEACH
25
Account
Scho
er
AGENDA ITEM _C~7-:=C~
DATE '/~)7-/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 ~A
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING FUNDS
FOR THE FISCAL YEAR 2012/13 POLICE TRAINING & SCHOOL
RESOURCES FUND BUDGET IN THE AMOUNT OF $35,000
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Florida Statute, Section 938.15, entitled "Criminal Justice Education for Local
Government", provides for funds to be made available to the law enforcement agency for
expenditures related to criminal justice education degree programs and training courses.
The Police Training & School Resources Fund provides funds for the education of police
personnel at various schools, conferences, and workshops and for the purchase of
training, operational supplies in accordance with guidelines established by the Division
of Criminal Justice Standards and Training, as provided by Florida Statute, Section
938.15; the source of such funds being court costs from criminal proceedings.
In accordance with Florida Statute, Section 938.15, entitled "Criminal Justice Education
for Local Government, such funds are projected to be received amounting to $35,000
such funds being court costs from criminal proceedings.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the budget
for the Fiscal Year 2012/13 Police Training & School Resources Fund and appropriate
funds in the amount of 5,000.
t
26
RESOLUTION No .. _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR 2012/13
POLICE TRAINING & SCHOOL RESOURCES FUND BUDGET
IN THE AMOUNT OF $35,000.00.
WHEREAS, the City of Miami Beach is authorized to assess an additional $2.00 for
expenditures for criminal justice education degree programs and training courses for officers
and support personnel of the Miami Beach Police Department pursuant to Section 938.15 of the
Florida Statutes; and
WHEREAS, the Police Training and School Resources Fund is currently funded with the
assessed criminal justice education expenditures for the City of Miami Beach pursuant to
Section 938.15 of the Florida Statutes, in the amount of $35,000.00; and
WHEREAS, the City of Miami Beach Police Department intends to utilize the
$35,000.00 for those purposes as authorized pursuant to Section 938.15 of the Florida Statutes,
and the $35,000.00 shall be expended from the Police Training and School Resources Fund for
education degree programs and training courses of those officers and support personnel of the
Miami Beach Police Department.
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 adopts
and appropriates the Fiscal Year 2012/2013 Police Training & School Resources Fund Budget
in the amount of $35,000.00.
PASSED and ADOPTED this 27th day of September, 2012.
ATTEST BY:
MAYOR MATTI HERRERA BOWER
RAFAEL E GRANADO, CITY CLERK
27
AFFIDAVIT
I, Raymond Martinez, City Miami Beach, do hereby certify that the aforementioned proposed
request for expenditures from the City of Miami Beach Police Training & School Resources
Fund for the 2012/13 fiscal year, to provide funds for the education police personnel at
various schools, conferences, and workshops and for purchase of training and operational
supplies, is in accordance with guidelines established by the Division of Criminal Justice
Standards and Training, as provided by Section 938.15 and 943.25, Florida Statutes.
Raymond Martinez
Chief of Police
Miami Beach Police Department
28
C7 -Resolutions
C7D A Resolution Adopting And Appropriating The Third Amendment To The Police
Confiscation Trust Fund Budget For Fiscal Year 2011/12 In The Amount Of $82,372 To
Be Funded From The Proceeds Of State Confiscated Funds.
(Police Department)
(Memorandum & Resolution To Be Submitted In Supplemental)
29
TH
30
I
T:
COMMISSION ITEM SUMMARY
Condensed Title:
es Modifying The Building, Fire, Planning And Pub!lc Works Departments' Fees Related To The Bu"u""l:l 1
· Process lm lamented On Februa 1, 2010.
Ke Intended Outcome Su orted:
Strengthen Internal Controls; Maximize Efficient Delivery Of Services; Increase Community Satisfac
Government; Minimize Taxes I Ensure Expenditure Trends Are Sustainable Over The Long Term; lmprovEl 1 r1e
Overall Financial Health And Maintain Overall Bond Ratin
Supporting Data (Surveys, Environmental Scan, etc.): In the 2012 Community Satisfaction survey, which covered
the period of 2009 through February 2012, 47% of businesses described their experience with the Building
Department as positive, and 58% gave a positive evaluation of the department for overall satisfaction. 54% of
businesses perceived the Building Department as being open to hearing their concerns. 50% of businesses thought
the Building Department's inspections were consistent over time or believed that the inspections were fair. 70% of
businesses rated Building Department employees as courteous and professional and the same percentage thought
m lo ees had ro er trainin and knowled e.
e Mayor and City Commission approve the ordinances amending various fees related to the Buildi
lo ment Review Process in the Cit of Miami Beach?
Item Summary/Recommendation:
SECOND READING, PUBLIC HEARING
On January 13, 2010, the City Commission approved four ordinances for the Building, Fire, Planning and Public
Works departments related to the fees for the Building Development Process. These ordinances went into effect on
February 1, 2010 and provided a complete overhaul of the fee structure for the above mentioned departments.
Additional changes were adopted by the City Commission in September 2011 that went into effect on October 1,
2011, including reductions to the fees for certain permit types, a continuation of discounts for permit fees related to
certain permit types, a waiver of the Consumer Price Index (CPI) adjustments for 2011 and 2012, and the
introduction of a cap on permit fees at 10% of the calculated cost of construction.
The Administration had stated that it would return to the Committee for additional discussion after the 2011 changes
were adopted. The Administration held discussions with the Finance and Citywide Projects Committee (Committee)
in July and August, 2012 regarding the following proposals, and the Committee recommended that they be forwarded
to the full City Commission for further consideration: 1) Fees related to Planning and Public Works' efforts in the
Alteration/Remodeling permit types should be reduced, 2) Discounts should continue past September 30, 2012,
3) The CPI increase for 2013 pursuant to the existing ordinance should not be waived, and 4) Fees related to certain
permit types should be revised, based on the evaluation of the 10% cap on permit fees and further evaluation of
permit fees in general, and that the CPI increase should not apply to these permit types.
Additionally, there is a scrivener's error in Section 15-42 "Adjusted Rates" in the City's Code of Ordinances relative to
the fees for the Planning Department where the language refers just to that particular section but should refer to the
Article, not the Section. The Administration is recommending that the City Commission adopt the ordinance with the
revisions.
Board Recommendation:
Finance and Citywide Projects Committee heard this item at its July 10,2012 and August22, 2012
ed that the City Commission adopt the ordinances. The City Commission approved these ordinances on
at their meetin on Se tember 12,2012.
Financial Information:
Source of Amount Account
Funds: I
I I 2
OBPI Total 1
.. a .... ial Impact Summary: A cumulative loss of permit revenue of approximately $295,000 annuall,
R11ilrlinn Development Process departments (Buildinq, Fire, Planninq and Public Works).
rk's Office Le islative Trackin
ildin Director
/ i / ~/
l/
MIAMI BEACH 32
AGENDA ITEM--:~~.;_
DATE ...-~......::-.o.......;'---
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City mmission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27, 2012 SECOND READING, PUBLIC HEARING
SUBJECT: ORDINANCES MODIFYING THE BUILDING, FIRE, PLANNING AND PUBLIC
WORKS DEPARTMENTS FEES RELATED TO THE BUILDING DEVELOPMENT
PROCESS IMPLEMENTED ON FEBRUARY 1, 2010.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the four ordinances
amending various fees related to the Building Development Process in the City of Miami
Beach. These ordinances were approved on first reading by the City Commission at its
meeting on September 12, 2012.
INTRODUCTION
On January 13, 2010, the City Commission approved four ordinances for the Building, Fire,
Planning and Public Works departments related to the fees for the Building Development
Process.
These ordinances went into effect on February 1, 2010 and provided a complete overhaul of
the fee structure for the above mentioned departments. Additional changes were adopted
by the City Commission in September 2011 that went into effect on October 1, 2011,
including reductions to the fees for certain permit types, a continuation of discounts for
permit fees related to certain permit types, a waiver of the Consumer Price Index (CPI)
adjustments for 2011 and 2012, and the introduction of a cap on permit fees at 10% of the
calculated cost of construction.
The Administration had stated that it would return to the Committee for additional discussion
after the 2011 changes were adopted. The Administration held discussions with the Finance
and Citywide Projects Committee (Committee) in July and August, 2012 regarding the
following proposals, and the Committee recommended that they be forwarded to the full City
Commission for further consideration.
• Fees related to Planning and Public Works' efforts in the Alteration/Remodeling
permit types should be reduced,
• Discounts should continue past September 30, 2012, and become permanent
rather than roll over from year to year,
• The CPI increase for 2013 pursuant to the existing ordinance should not be
waived, and
• Fees related to certain permit types should be revised downward, based on the
evaluation of the 10% cap on permit fees and further evaluation of permit fees in
general, and that the CPI increase should not apply to these permit types.
33
City Commission Memorandum
September 27, 2012
Building Development Process Fees
Page 2 of9
Additionally, there is a scrivener's error in Section 15-42 "Adjusted Rates" in the City's Code
of Ordinances relative to the fees for the Planning Department where the language refers
just to that particular section but should refer to the Article, not the Section. The
Administration is recommending the language in the Ordinance be changed for accuracy.
Lastly, there were scrivener's errors in the ordinances for the Building Department fees and
the Public Works Department fees during first reading, falling into the following categories,
which have been corrected in these second reading ordinances:
• Transposing a special (greater than/less than) character
• Not including revised fees where existing fees were struck through
• Not striking through language that should have been deleted
• A typographical error
BACKGROUND
Building Development Process
The Building Development Process ("Process") in the City of Miami Beach includes the
Building Department, the Fire Department's Fire Prevention Division, the Planning
Department and the Public Works' Engineering Division.
The Building Department provides process intake, routing, billing, and computer support for
the entire Process. The Building Department staff conducts plans review and inspections for
plumbing, structural, building, electrical, governmental compliance, elevator, accessibility
and mechanical trades as required by the different permit types for compliance with Florida
Building Code as well as the Miami Beach City Code. Additionally, the Building Department
reviews permit applications for compliance with outside regulatory agencies.
The Fire Department's Fire Prevention Division is involved in the majority of building permits
issued by the City, with the exception of single-family homes. A Fire Department fee is
collected for each building permit corresponding to the Fire Department's review and
inspection.
The Planning Department serves as staff to the City's Planning Board, Board of Adjustment,
Design Review Board, Historic Preservation Board, and Single Family Residential Review
Panel. Depending on the scope of the project, a new development is required to receive
approval from one or more of these Boards. The Planning Department processes
applications, reviews them and prepares recommendations to all of the above Boards. Fees
are assessed for the various planning applications according to a fee schedule contained
within the City Code. The Planning Department also reviews all building permits for
compliance with the City's land development regulations, comprehensive plan and
consistency with architectural review guidelines and preservation appropriateness criteria.
This zoning review is required to ensure compliance with existing legislation, zoning
requirements, and state growth management requirements.
The Public Works Department Engineering Division staff conducts plan reviews and
inspections for all construction activities that occur within the public right-of-way (streets,
roadways, waterways, alleys and sidewalks), public property and easements. The Public
Works Department also performs plan review activities supporting a variety of Building
34
City Commission Memorandum
September 27, 2012
Building Development Process Fees
Page 3 of9
Department permits on private property that will connect and/or will have potential impacts to
City-owned utilities, right-of-way and/or utility easements.
Further, the Building, Fire, and Planning Departments participate in the Certificate of
Occupancy or Completion process that allows for the use and occupancy of the structure
based on certifying that the use is permitted and that the structure is in compliance with
applicable City Codes.
2009 Building Development Process Fees Study
In mid-2009, the City initiated a study of costs and fees related to the Process with the
consulting firm Maximus Consulting Services Inc. ("Maximus"). The primary focus of the
study was to develop a simplified fee structure and associated fee levels for services
performed by the Building Department in enforcing the Florida Building Code, as well as
services performed by the Fire, Planning, and Public Works Departments in enforcing other
Federal, State and City Codes related to building permits.
On January 13, 2010, the City Commission approved four ordinances for the Building, Fire,
Planning and Public Works departments related to the fees for the Building Development
Process, as outlined in the Maxim us study. These ordinances went into effect on February
1, 2010 and provided a complete overhaul of the fee structure for the above mentioned
departments.
At the time of implementation, there were increases in the fees related to the Process for the
Fire, Planning, and Public Works Departments. These were offset by discounts in the
Building Department fees so that, in the aggregate, the total combined fees charged to the
development community were to remain at current levels. Decreases in Building
Department revenues were partially replaced by previously set aside Building Department
reserves in FY 2009/10 and are budgeted to be offset in FY 2011/12 so that costs related to
enforcing the Florida Building Code continue to be offset by Building revenues. Subsidies
from other general fund revenue sources were $725,000 in FY 2009/10, and $1 million in FY
2010/11. It is important to note that discounts were applied to fees to achieve three (3)
objectives: 1) ensure that permits are pulled for small projects. If permit fees represent a
large or excessive percent of the project costs, it will discourage customers from pulling
permits; 2) provide lower fees for residential projects; and 3) incentivize environmental
projects.
In 2011, the Administration presented additional permit fee changes to the Committee for
consideration. These included additional reductions to the fees for certain permit types, a
continuation of discounts for permit fees related to certain permit types, a waiver of the
Consumer Price Index (CPI) increases for 2011 and 2012, and the introduction of a cap on
permit fees at 10% of the calculated cost of construction. The Committee recommended
these additional changes, and they were adopted by the City Commission and made
effective on October 1 , 2011.
During the discussions regarding the 2011 changes, the Administration noted that further
changes were still being considered and would be brought back to the Committee for
consideration. Discussions were held at the July 10, 2012 and August 22, 2012 Committee
meetings, where the Committee recommended that the actions be brought forth to the full
City Commission for ratification.
35
City Commission Memorandum
September 27, 2012
Building Development Process Fees
Page 4 of9
Current Discussion Points
At this time, the Administration is proposing revising the permit fees as follows:
• Discounts should continue past September 30. 2012
When the current fee structure was adopted, there were some discounts built into the
fee structure that were set to expire on September 30, 2011. Last year, these were
extended and are now set to expire on September 30, 2012.
The original intent of these discounts were:
1) To ensure that permits are pulled for small projects. If permit fees represent
a large or excessive percent of the project costs, it will discourage customers
from pulling permits;
2) To provide lower fees for residential projects; and
3) To incentivize environmental projects.
The Administration is recommending that the ordinance be changed such that the
discounts remain permanently in effect.
• Fees related to Planning and Public Works' efforts in the Alteration/Remodeling
permit types should be reduced
As a result of concerns that were raised by certain segments of the development
community, as well as some concerns raised by staff, regarding the fee amounts and
administrative processes related to the fees, the Administration brought Maximus
back to review the status of the permit fee implementation to answer whether or not
the City met its original objectives, if staff was applying the fee structure correctly,
and to review the issues being encountered and identify appropriate solutions. A
copy of the Maxim us report is attached as Attachment A.
Maximus' re-evaluation of the City's implementation revealed that the City's new
permit fee structure based on square feet is more simple than the previous schedule,
which was based on construction cost. Maximus spoke at length with Building
Department staff to determine if the staff was feeing permit applications correctly and
found that indeed they were. With regard to whether or not the Building
Development Process departments were recovering more in fees than costs for
operation, Maximus determined that the departments were under-recovering their
actual costs. Fee collection was actually less than what Maximus originally
projected, and not covering the costs of the departments related to the Building
Development Process.
Based on discussions Maximus had with staff, Maximus proposed refining plan
review and permit inspection times for the Alteration/Remodel permit types by the
Planning and Public Works Departments.
It should be noted that the levels of effort suggested for adjustment are not
significant components of the overall fees. Maxim us estimates that the impact to the
permit fees collected will result in a savings to customers in the amount of
approximately $493,000. This amount will fluctuate depending on the number of
permits applied for, the amount of square footage being renovated, and other factors
36
City Commission Memorandum
September 27, 2012
Building Development Process Fees
Page 5 of9
outside of the City's control. The impact to the Planning Department Permit Fee
revenue was more significant, estimated at approximately $412,000, and the impact
to the Public Works Department budget is approximately $81,000, which will have to
be replaced by General Fund dollars to completely fund the operations.
The Administration recommends revising the permit fees for the Planning and Public
Works Departments for Alteration/Remodeling permit types in an effort to provide
more accurate permit fees and additional savings to the City's Building Development
Process customers.
• The CPI increase for 2013 pursuant to the existing ordinance should not be waived
The current ordinances require the fees to be administratively adjusted annually to
reflect increase( s) or decrease( s) in the Consumer Price Index for Consumers in the
Southeast United States for all items, unless otherwise directed by the City
Commission. The Consumer Price Index (CPI) adjustments for 2011 and 2012 were
waived by the City Commission, finding it to be in the best interest of the City and the
public.
As a point of information for the City Commission's consideration, the CPI for the
southern region for all items from October 2010 through October 2011 was an
increase of 3.7%. This means that the fees will be increased by 3.7%. The
estimated impact on the Building Development Process departments' FY 2012/13
Current Service Level (CSL) revenues is approximately $404,000 if enacted effective
October 15, 2012. Further, the preliminary estimated subsidy for the FY 2012/13
CSL budget from non-Building General Fund revenues is approximately $1.4 million,
including indirect costs. Without the use of Building Department reserves set aside in
prior years, the subsidy would have been $2.9 million.
The Administration is recommending allowing the CPI increases of 3.7% take effect
effective October 15, 2012. It should be noted that the respective sections of the
City's Code of Ordinances dealing with the fees associated with all four ( 4)
departments' role in the Process allow for the fees to be "administratively adjusted
annually", and not changed by ordinance. However, since so many other changes
are proposed, the Administration felt it necessary to include the adjustment in the
attached ordinances to eliminate confusion for the codifier, staff and customers.
• Fees related to certain permit types should be revised based on the 10% cap on
permit fees and further evaluation of permit fees in general
As part of the revisions to the Building Department fees adopted in September 2011,
effective October 1, 2011, there is a 10% cap on permit fees. Section 14-61(p) of
the City's Code of Ordinances requires the Administration to reevaluate the permit
fees of any permit application where the permit fees, not including any outside
agency fees or surcharges, are greater than 10% of the value of construction as
declared on the permit application. Excluded from this process are permit
applications where the value of construction is less than $1,000 or the permit fee is
the minimum permit fee.
The reevaluation process consists of a plan reviewer using industry standard cost
estimating resources to confirm whether the value of construction as stated on the
permit application is in line with the construction industry. The Administration has
37
City Commission Memorandum
September 27, 2012
Building Development Process Fees
Page 6 of9
determined that the level of effort to reevaluate the construction values for all
applications triggered by the 10% cap would detract from the plan review level of
service if conducted by existing City staff. So, at the current time, this reevaluation
process is being conducted by supplemental staff hired through an agreement
between the City and a staffing provider, at a cost of approximately $140,000 per
year. It should be noted that this supplemental staffer is also a licensed inspector,
and can be called on to provide other functions as needed by the Department, so the
$140,000 is not entirely attributable to the 10% rule. However a very conservative
estimate is that approximately 55% of this inspector's time is utilized in conducting
the reevaluations.
Based on the plans submitted with the permit application, the evaluator uses RS
Means data, a widely accepted provider of construction costing, to determine the
industry standard value for the work described (determined value). The permit fees
are evaluated against the determined value to see if the fees are still greater than
10% of the determined cost.
• If the permit fees are less than 10% of the determined cost, no refund is
processed.
• If the fees are still more than 10% of the determined cost, a refund is
processed after the project construction is complete and passes all required
inspections, assuming that the refund meets the requirements of Section 14-
62(b) of the City's Code of Ordinances (refunds must exceed $100 in order
to be refunded).
• If a construction value cannot be determined by the above-indicated
resources, typically either because plans are not required as part of the
application submittal or RS Means doesn't have an appropriate category, the
actual level of effort for plan review and inspection shall be calculated and
charged, but shall not exceed the originally calculated fee at time of permit
application. When this occurs, the level of effort costs cannot be calculated
until the construction is complete, so a determination as to what the permit
fee will be and if any refund is due to the customer cannot be made until after
all inspections are complete and the project has received final approval.
The 10% permit fee cap has been in place since October 1, 2011. Between October
1, 2011 and July 31, 2012, there were 11,172 permit applications approved. Of
those, only 1,481 (13.26%) triggered a 10% cap evaluation. The permit fees
associated with the over 11 ,000 approved permit applications exceeded $8.6 million.
If the permit fees associated with the permits that triggered the 10% cap were all
lowered to no more than 10% of the stated value of construction, the potential
reduction in permit fees would be approximately $511,000, which represents
approximately 6% of permit fees collected.
As of August 1, 2012, 1 ,434, or approximately 97%, of the permits that triggered a
10% cap reevaluation had been evaluated. Of those, 291 were approved for a
refund. This represents less than 20% of all permits triggered for reevaluation, and
less than 3% of all approved permit applications. Approximately $142,000 has been
approved for refunds back to the customers based on the 291 permits. This
represents 1.65% of the permit fees collected for the 11,172 permit applications
approved as of July 31, 2012. Of those remaining to be reviewed, the maximum
38
City Commission Memorandum
September 27, 2012
Building Development Process Fees
Page 7 of9
amount of any potential refunds was approximately $53,000. This number will be
revised as reevaluation takes place.
There are still approximately 180 permits that have been evaluated, butforwhich an
industry standard construction cost could not be determined, either because the
permit application does not require a plan submittal, or because RS Means does not
include a category or methodology for costing that kind of work out. The permit fees
for this work will be determined based on actual level of effort, but shall not exceed
the permit fee costs calculated at time of permit application. The total cumulative
amount of any potential refunds is approximately $125,000.
There are approximately 960 permits (approximately 65% of those triggered for a
10% cap evaluation) that have been reevaluated for which no refund is due to the
customer because the permit fees calculated at time of application are less than
1 0% of the value of work as determined using industry standard cost estimating
methodologies, as opposed to the value submitted at the time of application by the
applicant.
The sum of the refunds approved to date, the maximum exposure of those permit
fees yet to be reevaluated, and those that will be determined by level of effort is
$320,000. This equates to 3.7% of the approximately $8.6 million collected in
permits fees for those permits approved during the stated timeframe. It should be
stated that evaluating these plans, determining the industry standard construction
cost, and approving and processing any potential refunds is a labor intensive
process. The cost of supplemental staff reevaluate all triggered plans is
conservatively estimated to be approximately $77,000. Staff time related to
reviewing the determinations and processing the refunds has not been captured, but
has been time consuming.
Recommendations for Permit Fee Changes Related to 1 0% Permit Fee Cap
With the analysis of the 10% permit fee cap impact on revenue, staff has also reviewed the
types of permits most frequently resulting in a refund after reevaluation of the permit fees. It
is important to focus on those permit types approved for a refund, as those are the ones
where the reevaluation is reflecting that current permit fees are indeed greater than 10% of
the industry standard value of construction.
The five (5) permit types that resulted in the most refund approvals are provided here in
order from highest number of approvals to lowest. These five (5) permit types alone
represent approximately 70% of the permits where the reevaluation resulted in a refund
being issued to the customer.
• Alteration/Remodeling Permits-54 of 291 (18.56%)
• Alteration/Remodeling Condo Permits -46 of 291 ( 15.81%)
• Low Voltage Electrical Permits-44of291 (15.12%)
• Plumbing Alteration/Remodeling Permits-33 of 291 (11.34%)
• Partial Demolition Permits-25 of 291 (8.59%)
As was discussed at the July 10, 2012 Committee meeting, the Administration has already
proposed changes to the Alteration/Remodeling and Alteration/Remodeling Condo permit
types, by refining the fees for the Planning and Public Works Departments on
alteration/remodeling work. It is anticipated that these changes will reduce the
39
City Commission Memorandum
September 27, 2012
Building Development Process Fees
Page 8 of 9
Alteration/Remodeling and Alteration/Remodeling Condo permits fees significantly enough
to no longer trigger a reevaluation on the majority of these types of permits.
With regard to the Low Voltage Electrical Permits, Plumbing Alteration/Remodeling Permits
and Partial Demolition permits, the Administration is proposing permit fee refinement as
identified in Appendix A of the City's Code of Ordinances, as outlined in the attached
summary of proposed fee recommendations (Exhibit 2), which outlines the permit fees for
the Building, Fire, Planning and Public Works Departments. Again, it is anticipated that
these reductions will reduce permit fees on these permit types significantly enough to have
permit fees remain under 10% of the determined value of construction for the majority of
these permit types. In the case of Low Voltage Electrical Permits, a fee will no longer apply
to these applications when they are submitted as part of a Master Permit, which will result in
further savings to customers.
In addition to the top five (5) permit types approved for refund, the Administration is
proposing refinements to the following permit types. These permit types represent another
approximately 7% of the permit types approved for a refund, which if approved, will address
approximately 77% of the permits approved for a refund.
• Awning/Canopy/Patio Cover Permit
• Signage Permit (both electric and non-electric)
• Repair Existing Elevator Permit
• Generators/Solar Systems
• Solar/Alternative Power
• Painting
• Installation of Plumbing Fixtures
The estimated financial impact of these fee reductions on an annual basis would be
approximately $206,000, not including the Alteration/Remodel changes described
previously. It should be noted that the Administration does not recommend that the
proposed CPI increase be applied to the permit categories outlined for revision above.
Additionally, there is a scrivener's error in Section 15-42 "Adjusted Rates" in the City's Code
of Ordinances relative to the fees for the Planning Department where the language refers
just to that particular section but should refer to the Article, not the section. The
Administration is recommending the language in the Ordinance be changed for accuracy.
FISCAL IMPACTS OF PROPOSED REVISIONS
Based on the projections developed by Maximus and staff, it is anticipated that the fiscal
impact for the revisions proposed herein are as follows, assuming similar permit activity:
Revision
CPI Increase
Fee Revisions Based on 1 0% Cap Evaluation and Furth
Evaluation of Permit Fees in General
Net Chan e
40
City Commission Memorandum
September 27, 2012
Building Development Process Fees
Page 9 of9
CONCLUSION
The Administration will continue to further evaluate permit fees for those where refinements
are recommended, as well as the remaining permit fee types, on a regular basis and bring
further recommendations to the Finance and Citywide Projects Committee for review and
discussion.
The Administration recommends that the City Commission revise the scrivener's error in
Section 15-42 of the City's Code of Ordinances, and revise fees related to the Building
Development Process as described in this memorandum, Exhibits 1 and 2, and the attached
ordinances, including:
• Fees related to Planning and Public Works' efforts in the Alteration/Remodeling
permit types should be reduced, as referenced in Exhibit 1, and
• Discounts should continue past September 30, 2012, rather than rolling over
from year to year,
• The CPI increase for 2013 pursuant to the existing ordinance should not be
waived, and
• Fees related to certain permit types should be revised, based on the evaluation
of the 10% cap on permit fees and further evaluation of permit fees in general,
and that the CPI increase should not apply to these permit types, as referenced
in Exhibit 2 and the attached ordinances.
KGB/JGG/SS/KT
T:\AGENDA\2012\9-27-12\Permit Fee Revisions\Permit Fee Revisions memo 09272012.doc
41
ORDINANCE NO.----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
14·61 "PERMIT FEES"; SECTION 14-62 "BUILDING
PERMITS"; AND THAT PORTION OF APPENDIX A OF THE
CITY CODE BY MODIFYING INSPECTION FEES FOR
BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL
WORK, AND FOR OTHER BUILDING DEPARTMENT
ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010-
3670, modifying permit and inspection fees for Building, Plumbing, Electrical, and Mechanical
Work, and for other Building Department activities; and
WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a
complete overhaul of the fee structure; and
WHEREAS, the City Administration has worked with the new fee structure since
implementation, and has identified a series of refinements to such fee structure that will help to
clarify and bring equity to certain types of permit applications.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 14 "Building Regulations", Article II "Construction
Standards", Division 2 "Permit Fees", Section 14-61 "Permit fees,
generally" is hereby amended as follows:
* * *
(d) Lost plans fee. When permitted set of plans are lost by the applicants, owners,
contractors, or any of their representatives, a recertification fee will be required to
reproduce, stamp and approve a new set of plans as a field copy. Such fee shall be
based on a cost per page as specified in appendix A, plus an $50.00 administrative
processing fee as outlined in appendix A.
(e) Revised plans processing fee. The charge for plans processing of revisions to a
permitted set of plans shall be based on the plan reviewer's actual review time
multiplied by the hourly rate as specified in appendix A, plus an $50.00
administrative processing fee as outlined in appendix A.
* * *
Section 2. That Chapter 14 "Building Regulations", Article II "Construction
Standards", Division 2 "Permit Fees", Section 14-62 "Building permits" is
hereby amended as follows:
* * *
42
I
(b) Refunds, time limitations, cancellations, change of contractor. The fees charged
pursuant to the schedule in appendix A, provided the same are for a permit
required by Section 105.1 of the Florida Building Code, may be refunded by the
building official subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of $100.00 or less; or
b. Permits revoked by the building official under authority granted by the
Florida Building Code; or
c. Permits cancelled by court order; or
d. Permits which have expired; or
e. Permits under which work has commenced as evidenced by any
recorded inspection having been made by the department, unless the
refund is due to an overcharge by the city.
(2) A full refund shall be granted to a permit holder who takes out a permit
covering work outside the jurisdictional inspection area.
(3) A full refund less the $50.00 minimum up-front permit fee and any outside
agency fees shall be granted to a permit applicant who requests a refund
in writing, provided that no plan review has commenced.
A full refund less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit applicant who requests a refund in writing,
provided that a permit has not been issued.
A full refund less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit holder (to whom a permit has been issued)
who requests a refund in writing, provided:
a. That the permit holder makes a written request prior to the permit
expiration date; and
b. That no work as evidenced by any recorded inspection has
commenced under such permit.
*
43
Section 3. That Appendix A is hereby amended as follows:
* * *
Section this Description Amel:lRt QisGel:lRteEl
code (E:#eGtive Arne1:1Rt
0Gteber 1, (E:#eGti}.!e
~ ~ebr1:1ary 1,
2Q1 Q tl=lrel:l~R
September 3Q,
~Amount
(Effective
October 15,
2012)
Division 2. Permit Fees.
14-61 (b) Double fees for starting work prior to issuan --& I
1 !Jt::", dt, plus the following penalty:
I First offense :11&:.fV'\ 1 ~§.QQ
= I Second offense
Subseauentoffenses I &:.7&:. f'\1
~ ~-~~
14-61 (c)( 1 ) spection Fee:
In compliance with Fla. Stat. 553.80(2)(c), any
subsequent reinspection after the first reinspection
shall be charged four times the cost of first
inspection or first reinspection, whichever is
greater. The cost of inspections is calculated
based on the actual time spent by the inspector
multiplied by the inspection fee hourly rate, as
specified in subsection 14-61(h). The actual time of
inspection is rounded up to the next quarter hour
segment.
First reinspection G-,00 0.00
Second and subsequent re-inspection(s) Based on four times the cost of
first inspection or first re-
inspection, whichever is greater.
Reinspection of existing building to determine Based on four times the cost of
compliance with the applicable Building Code first inspection or first re-
inspection, whichever is greater,
(d) Lost plans fee:
Administrative processing fee ~('\ ('\('\
~ ~ 51:851
the cost per page reproduced:
• Letter(8 Y,x 11), Legal (8 Y,x 14), & ~ -1-:-00
(11x17) 1.04
• Arch D (24 x 36) & Arch E (36 x 48) ~
44
• Other copies, up to Legal Size ~ ~
0.016
14-61 {e) I Revised plans processing fee:
Administrative processing fee ~:;n nn
~ . 51:851
Plus revised plans review fee: Based on actual time spent on
review multiplied by review fee
hourly rate, as specified in 14-
I 1=;1fn\
) I <t-O I (f) Lost permit card fee: 100.00 -7&.00
77.78
l(g) I Plans review and inspection fee hourly rate
The plan review and inspection fee hourly rate is
calculated at the beginning of each fiscal year
based on the department's approved budget,
overhead and indirect costs and the resources
assiqned to the inspection program.
14-61 (h) Dedicated Inspectors
The requester will pay for the dedicated inspector
in addition to the regular permit fee. The fee for the
dedicated inspector is based on actual time spent
on inspection multiplied by the dedicated
inspector's cost to the City or the inspection fee
hourly rate, as specified in subsection 14-61 (g),
whichever is greater.
{i) Plans re-review fee
First and second re-review I g,.oo 0.00
Third and subsequent re-reviews: Based on four
times the amount of the upfront fee as specified in
14-62(a) in compliance with F.S.S
553.80(2)(b),any subsequent re-reviews after the
third review shall be charged a fee four times the
amount of the proportion of the permit fee
attributed to the plans review. The fee for plans
review is calculated based on the actual time spent
by the plans reviewer multiplied by the plans
review hourly rate, as specified in subsection 14-
61(q).
14-61 U) Expedited Plan Review and Inspection Fee
Upon request from the applicant, the Department
may schedule an expedited plans review or
inspection on an overtime basis by Department
staff. When such service is provided, the Applicant
45
will reimburse the City for the cost of this service.
14-62 (a) Up-front processing fee: percent of estimated
permit fee or the minimum processing fee,
whichever is greater
I Percent of estimated permit fee rounded up to the 20 percent
~arest $5.00 increment
inimum up-front fee i c::n nn W,-00 V"VoVV
51.85
14-62(b )( 4 )b.2. Transfer of data from original to second building Based on one hour of work at the
permit holder where no work has commenced hourly rate as specified in
subsection 14-61 (g).
I 't-O,~U )~ '+ )b.2a Transfer of data from original to second building ~§Q.QQ =-permit holder where work has commenced
14-62(b)(6) I Request for Building permit extension ~QQ.QQ
-62 (c) Building Permit Fees:
Minimum Permit Fee 1nn nn = OCCUPANCY TYPE INCREMENTAL COST
PER INCREMENTAL
100 SQUARE FEET
New Construction or Reconfiguration of Space
Cost Per 100 Square Feet based on Occupancy
Type as defined by the Florida Building Code.
Samples of Occupancy Types are provided for
illustrative purposes only and are not inclusive of
all uses within each Occupancy Type.
The fee is calculated based on the total square
footage multiplied by the rate per square foot, in
100 square feet intervals, as specified below
INCREMENTAL
OCCUPANCY TYPE COST PER INCREMENTAL 100
SQUARE FEET
. """"' .... ~ n; ... ,.,. .... ~,.~
r~~ti.u::. I\'""""' .... ~
("'',.troh:,. 1 'CU. '.to
~v 0 ~-••vv" v
Coh,.,,..,.., 1
v~ ~-' J I '1nnn ~h .. ro onh
46
• Up to 3,000 square feet
• From 3,000 square feet to 15,000 square feet
• From 15,001 square feet to 50,000 square feet
A-2, Assembly-Food and Drink (Restaurant,
Ni ht Club, Bar
• Up to 350 square feet
From 350 square feet to 1, 750 square feet
• From 1, 751 square feet to 3,500 square feet
• From 3,501 square feet to 17,500 square feet
• From 17,501 square feet to 50,000 square feet
• From 1 ,000 square feet to 5,000 square feet
• From 5,001 square feet to 50,000 square feet
siness
•Up to 500 square feet
•From 500 square feet to 2,500 square feet
•From 2,501 square feet to 25,000 square feet
•From 25,001 square feet to 50,000 square feet
0/E, Da care and Educational
•Up to 3,000 square feet
•From 3,000 square feet to 15,000
47
1-1, Institutional, ambulate
•Up to 1 ,500 square feet
•From 1,500 square feet to 7,500 square feet
•From 7,501 square feet to 50,000 square feet
titutional, non-ambulate
•Up to 4,500 square feet
•From 4,500 square feet to 22,500 square feet
•From 1 ,000 square feet to 5,000 square fe
•From 5,001 square feet to 50,000 square feet
M, Mercantile Gas Station
•Up to 400 square feet
•From 400 square feet to 2,000 square feet
•From 1 ,500 square feet to 7,500 square f
•From 7,501 square feet to 50,000 square f
•Up to 2,000 square feet
•From 2,000 square feet to 10,000 square feet
48
-Residential -Permanent (Apartment,
ito , Timeshare
•Up to 600 square feet
•From 600 square feet to 3,000 square feet
•From 3,001 square feet to 30,000 square feet
R-3, Residential -Permanent (Dwellings, Custom
Homes
•Up to 1 ,500 square feet
•From 1,500 square feet to 2,500 square feet
, Residential -Assisted Living (6-16 persons)
•Up to 1,500 square feet
•From 1,500 square feet to 7,500 square feet
•From 7,501 square feet to 50,000 square
S-1, Stora e-Moderate Hazard
•Up to 500 square feet
•From 500 square feet to 2,500 square feet,
•From 5,001 square feet to 25,000 squa
•From 25,001 square feet to 50,000 square f
S-2, Storage-Low Hazard (excluding Parking
Gara e
•Up to 1,000 square feet
•From 1 ,000 square feet to 5,000 square
49
plus 60.97
S-2, Storage -Parking Garage
•Up to 15,000 square feet
•From 15,000 square feet to 50,000 square feet
plus 12.70
II Building < 75 feet
•Up to 7,500 square feet 1
•From 7,500 square feet to 50,000 square L~ ve ,~
plus 1
Shell Building > 75 feet
•Up to 15,000 square feet I <«.oo~
•From 15,000 square feet to 50,000 square feet above fee ~ .
plus 12.24
For any square footage over 50,000 square feet, above fee
per Occupancy Type plus:
INCREMENTAL
OCCUPANCY TYPE COST PER INCREMENT AIL 100
SQUARE FEET
AR=I91:1Rt AFflei:IRt (E:ffestive
(E:ffestive Fe9FI:Iar:y ~, ~ggg
GsteeeF thm~:~gh SepteR=~eeF 3Q,
~' ~Q~~) ~Amount
(Effective October 15,
2012_)
I, Institutional (Clinic or Hospital) [ CA ')JI 64.-24
66.62
1 u, uercantile (Retail or Wholesale only) ~ Q7.~9
R, Residential 4-eM 4-eM
47.72
S, Storage-excluding Parking Garage ')Q_QI; ,.,n ru:: ·-<-VoV~
">n ~..,
i S-2, Storage Parking Garage or Shell Building.;> an
~.~v
14.31
50
All other Occupancy Types,
including but not limited to:
M., M.::S::St:IIIUiy,
B Business;
D Daycare;
E, Educational; and,
M, Mercantile (Department Store, Drug Store, I ~ ~
Gas Station) 43.26
Minimum Fee for minor alterations not requituty 125.00
structural review
Affie~At Qisee~Ate9
(E:ffeeti 1o~e Alfie~ At (E:#eetive
Oeteber 1, Febr~ary 1, 2010
~ tl=lre~§R
September 30,
~Amount
(Effective October
~Permits -Specialty Permits:
15 2012)
~. Bath and Indoor Flooring
• Kitchen Renovation-Single Family Home (R3) or 1,113.00 ~.oa+.OQ
Single Apartment Unit (R2) based on the fee for 1096.11
reconfiguration of space up to a maximum of (if 2
trades or less are required then apply minimum
permit fees per trade):
• Bath Renovation (Single Family Home (R3) or 1,028.00 654.QQ
Single Apartment Unit (R2) based on the fee for 678.20
reconfiguration of SQace UQ to a maximum of (if 2
trades or less are reguired then aQQiy minimum
permit fees per trade):
• Flooring per 500 square feet or part thereof (if 205.00 177.QQ
fixture sets are included then a separate plumbing 183.55
permit is required)
Communication Equipment Enclosure
I • with-out transfer switch and receptacle 'l'l1 nn
~~ ·~~
• with transfer switch and receptacle 393.00 393.GQ
407.54
Generators/Solar Systems
Generator-Single Family 1,159.00 377.QQ
~ I Generator-Commercial ~ • Under 10,000 square feet or 2,392.00
51
non-life safety related generator 1196.0
: • 10,000 to 50,000 square feet 'J OQ'l nn
-.-~~.--
I •' 50,000 square .feet a,a7~.GG ·--
Solar (Photovoltaic)/Aiternate Power
• Systems-Single Family ~ ~ ~=::~ nn 1
'
• Systems-Commercial/Multi-Family 'J AI=:~ nn 1 -·
Transfer Switch for Future Generator (per unit) 89~ .GG
146.00
ater Heater System
Swimming Pools
New Swimming Pool, Spa or Fountain -
Residential, including equipment, each
• Under 1,000 gallons ~ A~~ nn ·--
. ,Ju1-25,000 total gallons 1 Qan nn I ·---·--
• Over 25,000 total gallons 'J'l -·-. -' 1 31
Swimming Pool Renovation Residential
(non-structural) including equipment ~ 379,GO
New Fountains -Commercial, including equipment ~ ,aea.GG ~.a~e.GG
1 375.06
I Swimming Pool, Spa or Fountain -Commercial,
including equipment, each
• Under 1 ,000 gallons ~ t::7n nn I
'
'QQ nn • 1,001-25,000 total gallons ~.e44.GG ' 27
• Over 25,000 total gallons 3.~~9.GG ' 3.300.77
i Swimming (non-1 Pool Renovation Commercial ~ ,e~G.GG ' --·-• structural) including equipment 1 679.94
Pool Equipment-Relocations ae4.GG
l Pool Equipment Replacement ~ A'l nn l
~·--
~mming Pool Resurfacing; I
52
,.,, __ idential 'Jnn nn ! QO nn I
~ • Commercial 'JQ~:; nn I ---·--
I Swimming pool lighting (when installation not
d bv other permit):
• Residential Pool or Spa. 00,.00 ~
93.33
• Residential Combination Pool and Spa 100.00 100.QQ
103.70
• Commercial or Multi-family Pool or Spa 200.00 200.QQ
• vu111mercial or Multi-family Combination Pool and 275.00 275.0Q
Spa 285.18
Partial and Total Demolition
molition
er 3 stories J71.00 i • over 3 stories A'JQ nn I ·--·--
Partial Demolition
• Under 300 sauare feet 228.00
I ; ~::~:.::a:~] ~: 770.00
1,240.00
• !Jt:r 1,000 over 5,000 square feet -u::1 nn
Demolition of signs, fences and/or other theg,n J94.00 374.0Q
above
Permits
'"''"'"'""' Residential (includes pilings as so
1 with dock construction and 2 moorings)
• Under 100 square feet 804.00 436.00
452.13
• 101-500 square feet 992.00 99Q.QQ
-.,r 100 square feet or part thereof over 500 n,oo
... ,.,uare feet
Commercial (includes pilings I ~ith dock construction and 2 moorings)
associated
53
• Under 1 00 square feet, t-;'· 1,001.00
1 038.04
• 1 01-500 square feet 1,351.00 ~ ~-
1 400.99
• per 1 00 square feet or part thereof over 500 ')
square feet
Dock Repair-Commercial-replace all but piles 211.00
(plumbing and electrical not included)
Dock Repair-Residential-replace all but piles 143.00 143.09
bing and electrical not included)
~ails & Seawall Repairs (including piles)
• Under 75 linear feet ~::~::1 nn iiJ ~~ -~~
• 75-150 linear feet 921.00
906.34
per 25 linear feet or part thereof over 150 linear 113.00 9&.00
feet 88.15
Watercraft Lift
• Up to 2 systems (Dual arm lift is a single unit) 450.00 ~ • Each additional system over 2 ao nn I
70.52
s or Moorings
• Up to 2 units '), 198.QQ -~~-~
• Each additional piling over 2 4Q,.QQ 4Q,.QQ
41.48
Sians
Building Sign (non-electric)-If sign has electrical I
~nent, electrical sub-permit required:
~h .... f;r ... ~ 1 nn ... ~, , ... r,... f,...,...t 143.00 l1i .,
ch
o<:>r-h <:>rl, . . ol 1 nn "'"' t<:>ro foot ~ .~ ~· ,_ "'~ ·~ ~..,-~, ~ ~ r-~
ic Signs:
o.o olor-trir-c-il"1n 'Ja'J nn I 247.09 -~ -,-~ .. '~ ~·:::~· iJ • Each in addition to the sign fee above) 71.00
3ee.oo
~ ~ ~nd Special Event Fees
Temporary Platforms for public assembly, first 171 nn
approval
54
emporary Bleachers for public assembly, first
roval
•
mporary Generator
Construction Trailer, per trailer
Office Trailer, per trailer
Temporary Power for Construction
mporary Power for Test
emporary Multi-seat Toilet Trailer, per trailer
Temporary Individual Toilet, per event
Amusement Rides
Temporary electric work on circuses, carnivals, per
show.
mporary Fencing
• Cooking Hood Suppression (per system)
Multiple systems in same area (i.e. kitchen) will
be charged at 50% of above fee for each
additional s stem
• Room Fire Suppression System (per system)
Up to 2,500
2,501 -3,000
3,001-5000
5,001 -10,000
55
100.00
228.00
547.00
182.00
143.00
266.00
285.00
228.00
314.00
399.00
513.00
266.00
275.84
285.0Q
295.55
531.98
10,001 -15,000 713.00 713.0Q
739.38
15,001 -30,000 912.00 912.0Q
945.74
30,001 -75,000 1 ,398.00 1 ,398.00
1 418.62
75,001 -100,000 1,824.00 'I Q')A f"lf"l
.~--~~
1 891.
100,001 -150,000 'l c::no nn I
I =.-'"""""'· 'V
150,001 -500,000 r-~9').(1(1 3,192.90
3 310.10
Over 500,000 ' 3,876.0Q
~
• Repair & replace Fire Alarm Panel Only
Up to 2,500 114.00 ~ 14.00
?,501-3,000 ~~A nn
;j,001-5000 114.00 114.00
118.22
5,001-10,000 114.00 H4.QO
10,001-15,000 114.00 114.00
118.22
15,001-30,000 ·-t-t A nn 1 ~ 4.0Q ·"""'
30,001 75,000 """"'
75,001-100,000 114.00 ~ 14.QQ
118.22
100,001-150,000 114.00 1 ~ 4.QO
150,001-500,000 'I ~ A f"\f'\
Over 500,000 114.00
~levator recall Test
Base 'I~~~~ I
"""' """'"'
I Per Floor 54.00 54.QQ
56.00
• Electrical Smoke Detectors (Fire Permit)
• Under 5 devices 200.00 159.QQ
164.89
• Up to 25 devices 500.00 488.QO
506.06
• Per additional 25 devices or part thereof ag.,oo W-,00
51.85
56
h~m1u1 wull\ on existing fire alarm
• 1 to 5 components 143.00 t:A nn I
~ ·~
56.00
• 6 to 15 components 171.00 106.00
109.93
I • Minor work on existing fire suppression system 1A':l nn 4&.00
46.67
Building Trade Permits
Buildina Minimum Permit Fee Items
(Includes but not limited to: storage sheds, 114.00 100.00
benches, mirrors, interior doors) 103.70
Buildina Permit for Minor Repairs 1~8.00 1~8.QQ
inting Permit
sidential -Based on Planning Fee SchF"o~' ""' a7-,.00 J&.-00
/'\niH 27.00 "''":!
• Commercial 114.00 115.00
27.00
Installation or replacement of windows and
exterior doors in all buildings, Shutters, fixed
glass or storefronts:
1 ~_e~-.installation or replacement, of above listed
• 1 unit 100.00 100.00
103.70
• 2-10 units ~00.00
• 11-30 units 6~7.00 330.00
342.21
• v 1-::JO units 855.00 848.00
879.38
• 51 and more units (special inspection r"''1"'' "' ... ,, 4G-,OO 40.QQ
r additional 5 units or part thereof ~
Shutters:
Fstallation or replacement
0 units* ~00.00 157.00
r1 additional 10 units or part thereof over 30 4-9,.00
50.81
1 *Unit is the opening between structural columns
57
Storefront including windows and doors
therein:
• Up to 100 square feet 'l.
• 101 to 1 ,000 square feet Saa.QQ
• Per additional 100 square feet over 1000 ~ ~ 4.QQ
~ving buildings or other structures:
• Under 1,500 square feet (does not Include cost 342.QQ 339.QQ
of new foundation or repairs to building or 351.54
structure.) = ! • Per additional 1 ,500 square feet ~2§.QQ
Concrete slabs, Walkways, wood decks and
Paving (Where separate installation not
covered by prior permit):
r.r.nNoto slabs and walkways
• Per 1,000 square feet 22S.QQ ~ ~Q.QQ
Paving
• Per 1,000 square feet '>'>O nn &1-,.00
52.89
Railings
• 0-100 feet 22S.QQ 22S.QQ
236.44
• 101-500 feet 3~ 4.QQ 314.QQ
= • 501-1,000 37~ .QQ
• Above 1,000 square feet A'>O nn
443.84
oofing, re-roofing and waterproofing:
Roofing and re-roofing
• Under 2,000 square feet l::'>'l nn
• Per each additional 1,000 square feet or part
thereof
58
Waterproofing
• Under 2,000 square feet &::'l'l nn 1 ~ • Per each additional 1,000 square feet or part aQ nn 1
u1ereof 50.81 t= and/or walls:
amily and duplex buildings:
• For first 75 linear feet or fractional part J~ 4.00 ~HHlQ
• For each additional 75 linear feet or fractional A7 nn 1
i part thereof
•v•u•u-~e::~~~dly, commercial and industrial buildings:
• For first 75 linear feet or fractional part J~ 4.00 197.QQ
204.29
• For each additional 75 linear feet or fractional +1-:QIJ 7+:00
oart thereof 79.85
ng, canopies and residential patio cove
Single Famil~ Home
~ • Up to JO square feet 01 nn I
~ .~~
~Unit
her Occupancies
a I lr"\ tn 'ln e-n ,.,,.o foot ~ 4J.OO _;;j -1"' -~ ~~ ~.... -· ~-
• 1-30 Units
• Per eaGI=I aElElitioRal JO square feet or part eg,.oo i7:00
tl=lereof 185.00
• Each additional 10 Units over 30
Carport Awning 294.00 2QO.OO
207.40
I Ronl!:. ... o fabric for awning, canopy or cover (no 1 A'l nn 1 -74.00
charge for single family home) 76.74
114-63 Plumbing permit fees:
1 1 •vm•u••Um plumbing permit fee: ·--1 n-:2 7n
This minimum does not apply to permits issued as
supplementary to current outstanding permits for
the same job.
Plumbing Demolition Permit 171 nn
59
,.-,u,bing Permits including Building, El
.I •11echanical Components
tion Systems
• First zone 'l' g&,.OO
_88, 15
• l=l'll"'h additional zone &::.7 nn I 'JQ nn I
29.04
Water and Drainage Risers and Mains, per 1 Unit
Per Riser or Main
• 1v1u1u Unit Residential (excluding SFH)
• Up to 5 units r::.A'J nn 542.00 ~
562.05
• Each additional 5 over 5 '1n '"' ~ ~
30.07
I • Commercial
• Up to 5 units 570.00 570.00
591.09
• Each additional 5 over 5 ~ ~
30.07
~I Gas and Liquefied Petroleum Appliances,
Unit per Outlet and appliance, such as
water heathers, stoves, dryers, etc
• Residential
• Up to 5 units 257.00
• Each additional 5 over 5 ~ ~
30.07
·Commercial
• Up to 5 units 'JQ&::. nn I 283.00
• Each additional 5 over 5 'JO nn I ~ -~-~~
30.07
Gas water heater or pool heater new-Single F..... .1 408.00 00,.00
Home( no electric permits required)Up to G u11iL~ 89.18
Gas water heater or pool heater new-Comm"'' 408.00 161.00
(no electric permits required) Up to 5 Units 166.96
• Each additional 10 over 5 ~ ~
30.07
al Water Heater or Pool Heater-New
• Up to 5 units 152.00 oa nn
'"''"'""'"' ~ • Each additional 10 over 5 .,n nn
"-"'•"'"'
60
Electrical Water Heater or Pool Heater-
Replacement
• Up to 5 units Q~ nn iiJ I , ""'"'""""
• Each additional 10 over 5 """""""" 30.07
Plumbing Permits-Stand Alone
s or Interceptors:
Fixtures
• Fixture Rough
• Up to 5 units 228.00 200.00
100.00
• Each additional 10 over 5 29,-00 29,-00
30.07
Fixture sets replacement
• Up to 5 units ~ 4J.OO
• Each additional 10 over 5 29,-00 29,-00
~n n7
Jnterceptors (per unit)
• Up to 5 units 228.00
• Each additional 10 over 5 29,-00
30.07
~e-piping Bathrooms/ Kitchens
• Up to 5 units 200.00 200.00
207.40
• Each additional 1 0 over 5 29,-00 29,-00
30.07
I Drainage or Connections:
Water Drainage (rainwater roof inlets, area drains,·
surface inlets)
• Up to 5 units 297.00
• Each additional 10 over 5 '"""" ...,..., 29,-00
30.07
Condensation drains
• Uo to 5 units 200.00
• Each additional 10 over 5 29,-00 .2.0....0..Q
30.07
61
Water meter/Sub-meter connections to water
supply system or to appliances/installations not
covered by fixtures
• Up to 5 units 228.00 220.QQ
228.14
• Each additional 10 over 5 ~ ~
30.07
I
Sub-meter with Backflow protection device
• Up to 5 units 275.00 217.00
225.03
• Each additional 10 over 5 ~ ~
30.07
protection devices
• Up to 5 devices 257.00 iiJ • Each additional 10 over 5 ,-,n nn I
30.07
/Is, Tanks, Gas, Sewer:
I Gas Venting/Flue Piping 200.00 ~§~.00
Drvwells or Discharoe Wells
• Up to 5 units 228.00 220.00
228.14
....... ch additional 10 over 5 ~ ~
30.07
I Natural gas & liquefied petroleum, 1 unit per ou11ei
mnliance
• Up to 5 units 285.00 = • Each additional 10 over 5 ~ ~
,.,/'\ /'\"7
~as mains per 1 unit
he first 50 feet 228.00 2~8.00
r additional 1 unit per 50 feet &7-,00 W..-00
58.07.
Sanitary, storm, condensation drains and collector
lines per 1 unit
• For the first 50 feet 285.00
I • per additional 1 unit per 50 feet c:.7 nn I '"' .~
58.07
62
14-64 Electrical permit fees:
I Minimum 11 Ann ~ permit fee including repair wor"' 1-'"'' -~~
1 IJt:''' it unless other minimum fee specified
(This minimum does not apply to permits issued as
supplementary to current outstanding permits for
the same job.)
Electric Demolition 177 nn 172.00
178.36
ir.~l Safety Check for service reconnect -~~
ffictric Alteration or Remodel:
I • Minimum Fee or under 1500 square feet '>&:::'> nn 1i8.00
174.22
• Per additional 1000 square feet over 1500 1 'l'l nn R.O....O.Q
~~ ~~
Q') ')Q
I Electric Permits including Building, Mechanical I
I and Plumbing Components
Parking lot lighting '21 A nn I
"'""0 "'"' Controls/Card Access
• Under 5 devices J99.QQ e • Up to 25 devices §§i.QQ
• Per additional 25 devices or part thereof .!iR...O.Q aG:OO ~~ ~~
51.85
Electric Permits Stand Alone
ic Services (meters):
e meter, Minimum Fee 2i2.QQ 183.00
189.77
• 2-5 meters All~=: nn 1 477.00
494.65
• Per additional meter over 5 'ln nn ~
~~ ~~
31.11
I Replacement
• One panel, Minimum Fee 2Q§.QQ 179.00
185.62
• 2-5 panels '21 A nn 307.0Q
63
• Each additional 5 panels or part thereof over -7&.-00 -7&.00
77.78
sway Installation:
• Under 15 linear feet, Minimum Fee 262.00 ')A7 f\f\
2&::~ 1A I
• 15-50 linear feet 371.00 371.00
38q.73
1
• Each additional 50 linear feet of part thereof over 7a. f\f\ I 7&:: (\(\
t50 77.78
~oltage {Devices):
der 5 devices 234.00
73.6
• Up to 25 devices 297.00
• per additional 25 devices or part thereof -7&.-00
ff.fO I
~rnnh Conduit (for future low voltage): ;;] • u11uer 5 openings, Minimum Fee 1 . ~
• Up to 25 openings ':!1A nn
~ . ~
307.99
• "'r additional 25 openings or part thereof over -7&.-00 -7&.00
I 25 77.78
~ Charging Stations-Single Family Residence 194.00
Charging Stations-Commercial
• Up to 5 units 228.00
236.44
• Each additional 5 over 5 00,.00
n,., '"'"'
I 14-65 hanical permit fees:
Minimum mechanical permit fee: 1 ~A f\f\ = This minimum does not apply to permits issued as
supplementary to current outstanding permits for
the same job.
Mechanical Demolition Permit 114.00
Air conditioning and refrigeration: (Includes all
component parts of the system except water, duct,
electric and gas lines and connections that feed
separately)
64
AC Unit New-Residential
• Installation of single unit A 255J)Q --·
= ,<:>tallation of 2-5 units e~o.oo .
• Each additional unit over 5 ~52.00
AC Unit New-Commercial, per unit
• Under 2,000 CFM 839.00 839.00
870.04
• Over 2,000 CFM ~ .~20.00 93~ .00
965.45
AC Unit Replacement, single unit -Single Family 238.00 :t31.QQ
Home (R3) or Single Apartment Unit (R2) 135.85
Residential
AC Unit Replacement, single unit -Commercial
• Under 2000 CFM 3~4.00 3Q5.QQ
• Over 2000 CFM 352.00 ~
AC Unit Replacement for each and any additional 4-G,OO
47591 unit
AC Window Replacement over 12000 BTU, per unit 1 an no -79,.QG -· 81.82
:iJ I Cooling Tower with Structural Work ~ ,083.00
Cooling Tower Replacement without structural work 209.00
Chiller Replacement with structural Work 1: 542.00
562.05
Chiller Replacement without structural work 209.00 209.QO
Pool Heat Pumps(New) "l"l~ nn ~ ---·--
,_at Pumps(Replacement) 1'"'""7 "" ---·--
87.11
I Raise existing Mechanical Equipment on Roof for 92~ .00 620.00
Re-roof
Refrigeration equipment replacement 2ee.oo
65
Furnaces and heating equipment including
commercial driers, ovens and other fired
objects not elsewhere classified. (Includes all
component parts of the system except fuel and
electrical lines.) (For vented and unvented wall
heaters, see plumbing permit fees, natural and L.P.
gas.)
or oil furnaces:
Residential 1 ~., nn
~-· ~
• Commercial '">0&:: "" ;
294.51
Hood Replacement J4~.QQ = Duct Work-New or Replacement
~a I
• Under 15 supply drops '">&::7 "" ~ ~RQQ132. ?A .
• Each additional 5 supply drops over 15, or part ~7~ .QQ ga.,.ooaa~ I
thereof
Commercial
• Up to 600 linear feet JJJ.QQ J~9.QQ3'+ . (
• Each additional 200 linear feet over 600 linear 4(},.00 ~40.44
feet
aust Ventilation New or Replacement ~e4.QQ27~
Smoke Control Test:
• Under 1 0 000 square feet 4ae.QQ 4aJ.QQ20
• 10,000 to 50 000 square feet e8~.QQ7 7.
• Over 50,000 square feet 1 ,o2e:oo : ~ ,Q~a.GQ1
=e ~QQ.QQ ~QQ.QQ207.
':1. 'JA'"> nn
Walk-in coolers and walk-in freezers each 11" nn I ~ ~ a.QQ119.26 ~-~~
(eauioment fees add.)
Elevators, escalators and other lifting
annaratus:
Permit for new installation or major revamping_per
ASME A 17. 1 Section 8. 7 Building permit required.
(includes initial inspection and certificate.):
Installation of traction elevators and escalators, per
66
unit
: • Up to three stories ~.~J8.QQ
• 3-1 0 stories ~.eG8.GG
• Each-additional story over 10
~ 94 .GG 84.00
Installation of hydraulic elevator, per unit
• Up to three stories ~ .~ ~~.GQ ~.~~~.QQ
1 153.14
• 3-1 0 stories ~.4~a.GG ~.4~a.GG
! Installation of wheelchair lift OA 1 nn ! 94U;)Q -·--
Installation of residential elevator, per unit ~ .~e9.GG ~
Installation of escalator, per unit '> nll1 nn
I -•--·--~.G8~ .GG
2 158.00
nual maintenance repair permit
(not to include major revamping)
Repairs (value over $5,000.00) per ASME 17.11 e~G.GG
Section 8.62
Rl'>n~irs (Jack/Oil Lines)Up to $5,000.00 §~9.QQ 6~9.QQ
Repairs (Can lnterior/other)Up to $5,000.00 '>0~ nn ~9~.QQ
·--·~-W cleaning machine, each machine ~G4.GG ~Q4.QQ
107.85
I Permit for removal of elevator from service §§~ .QQ 55Q.QQ
570.35
I Elevator Tests, Temporary Use, Variances and
Compliance Inspections:
Emergency Power Test ~.G45.GG ~.G45.QG
: Elevator Fire Recall Test, per unit 988.QQ 985.GG
1 021.45
67
i Temporary Use Permit ~ .~7a.oo = I Application for variances from codes to install or s~a.oo 500.00
modernize equipment 518.50
Annual fees for certificate of operation and
tion
of Operation for each unit (man1 75.00
Renewal of Delinquent Certificate of Operation 11A nn 1oo.oi:
Duplicate Certificate of Operation (mandated) 2&.-00 25.00
Dumbwaiters, elevators and escalators Cv1 LlllvCHv 1
I and inspection:
i Periodic (Annual) Inspection ~QS.QQ
The annual charge is based on the condition that
the equipment is under a maintenance agreement
with a qualified maintenance company, in which
case there is no obligation for the City Inspection to
be given every year. If no maintenance agreement
is in effect August 1st of every year, the City
Inspection will be performed every year and above
charges for the next fiscal year shall be 150% of
the one shown in these tables.
Reinspection fee, each re-inspection ~ 4a.oo ~
Witnessing of 1-year tests per ASME A 17.1, part X, ~~8.QQ
section 1000, rule 1000.1 b
ssing of 5-year tests per ASME A17.1,Part X, 'JO'l nn 1
section 1000, rule 1000.1 b
I Compliance inspection if witnessed test failed, per ! ~QQ.QQ 100.00
inspection 103.70
Any elevator, escalator, etc, owner who fails to
comply with the order to correct a violation issued
within 30 days, is subject to an administrative fine
up to $500.00 in addition to any other penalty
provided by law. Fines can be imposed for every 30
days period that the violation remains active.
68
These fines, before or after paid, can be appealed
to the Department Director whose decision shall be
final. No clearance for the use of the elevator shall
be given until these fines have been paid or
waived.
The Department Director can delegate this appeal
function to the Department Assistant Director, the
City Building Official or the Deputy Building Official.
Boilers and pressure vessels, Installation
permit fees, including initial inspections and
certificate; does not include installation or
connection of fuel and water lines:
Boilers (as defined in the ASME Boiler !:!nrl [
Pressure Vessel Code)
379.00 ~sand Pressure Vessels, 200,00~ ~~.~~~ 380.00
s
= " ....... I Inspection for Boilers '1&::7 ""
Other fees:
I .--•c~_,ure and process piping, sheet metal and duct 247.00 242.00
1 wull\ and other mechanical lines: 250.95
l14-66(2)a. l=te of Occupancy fees:
r Occupancy Type:
acccmbly c::a1 nn
~~ -~~
usiness, Mercantile
• under 20,000 square feet 40~ .00 40~.00
• ""er 20,000 square feet 834.00
C:.AO nn re, Educational, Institutional -J
R-1, R-2 Building, Per Unit ~Oe.OO ~Oe.OO
R-3, Single Family Home/Duplex/Triplex 306.00
317.32
69
v, vturaye 4Q~.QQ 4Q2.QQ
I Building Shell < 75 feet A 458.00
474.95
Building Shell > 75 feet g~~.QQ
14-66(2)b. r·aruar a11u Temporary Certificate of Occupancy or
letion fees:
I Partial certificate of occupancy or completion
Fees charged based on the percentage of the total
square footage being requested for
occupancy/completion times the cost of the final
certificate of occupancy or completion plus a
surcharge of 25% of the cost of the final certificate
of occupancy/completion for each partial certificate
issued
ificate of occupancy or completion
100% of final certificate of occupancy or completion
fee plus the cost of any additional required
inspections. Additional required inspections will be
charge based on actual time spend on inspection
multiplied by the hourly rate, as specified in Section
14-61 (h)
Extension of temporary certificate of occupancy or ~ 43.QQ 100.00
completion, per period as set by the Building 103.70
Official
2)c Certificate of Completion fees:
Certificate of Completion fees for reconfiguration of
space are the same as Certificate of Occupancy
fees per section 14-66(2)a
I Swimming Pool ~~8.QQ
Kitchen/Bath ~ ~~ +&;\::N
78.81
I Generator ~a">nn I
Docks/Seawalls ~~8.QQ
70
A/C Units and Cooling Towers per permit 181.00 H~1.0Q
187.70
All Other Certificates of Completion, Minimum 1
'"''"' -·-
14-67.1 Reinspection of existing building to determine Bases eA Based on actual
compliance with the applicable Building Code ast~::~al tiFRe time spent on
SJ3eAt eA inspection
iASJ3eStieA multiplied by the
FR~::~Iti13lies by inspection fee
tAe hourly rate, as
iASJ3eStieA specified in 14-
fee l=le~::~rly 61 (g).
mte, as
SJ3eSifies iA
11Le::1 fro\
Forty-year recertification program fee:
7(a)
i Per Non-threshold building 884.00 3QO.OO
Per Threshold building 884.00 :j
14-67( c) I Late compliance fee, regular fee, plus 290.00 ~aQ.OO
New inspection report fee if recertification not 300.00 30Q.OO
completed within 90 days of building's being 311.10
declared unsafe
7.2
Employee training, education, safety, and
technology procurement and implementation for
service enhancement surcharge is 6% of each and
every Permit Fee
14-70
her general fees
-70 (1)
AE:lses te b~:::~ilsiA€1 J3ermits fer state te st~::~sy b~:::~ilsiA€1 G-4+ G-4+
sese reEJ~::~ireFReAts fer raseA, €Jas, 13er SEJ~::~are feet
J3eF ~lerisa Asm iAistrative Cese Cl=la13ter 64E a
Parts X aAs XII (RaseR R~::~le)_
Pursuant to Florida Statutes F.S. 553.721-ln order
for the Der;2artment of Business and Professional
Regulation to administer the Florida Building Code,
there is created a surcharge to be assessed at the
rate of 1.5 r;2ercent of the (2ermit fee associated with
enforcement of the Florida Building Code. The
minimum amount collected on an~ r;2ermit issued
shall be $2.
;uant to Florida Statutes F.S. 468.631-
71
14-70(2}
14-70 (7)
Building Code Administrators and Inspectors Fund
shall be funded through a surcharge to be
assessed at the rate of 1.5 percent of all permit
fees associated with enforcement of the Florida
Building Code. The minimum amount collected on
anv permit issued shall be $2.
Pursuant to Miami-Dade County Ordinance 8-12(e)
a Surcharge to building permits for County code
compliance program, per $1,000 of work valuation
Sanitation surchargeimpact fee for all building,
electrical, plumbing, mechanical demolition
permits.~ 0.30% of estimated cost of project:
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 6. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and that the word "ordinance" may be changed to
"section", "article", or other appropriate word.
72
0.60
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on October 15, 2012.
PASSED and ADOPTED this __ day of ________ ,, 2012.
ATTEST:
CITY CLERK
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
q-rL--1&
ity Attorney~ Date
T:\AGENDA\2012\9-27-12\Permit Fee Revisions\Permit Fee Revisions Building Ordinance 09272012.doc
73
ORDINANCE NO.----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
50-3 "PLANS EXAMINATION, INSPECTIONS, PERMITS" AND
THAT PORTION OF APPENDIX A OF THE CITY CODE BY
MODIFYING INSPECTION FEES FOR BUILDING, PLUMBING,
ELECTRICAL, AND MECHANICAL WORK, AND FOR OTHER
FIRE DEPARTMENT ACTIVITIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No.
2010-3671, for Fire Department fees related to the fees for the Building Development Process;
and
WHEREAS, the Ordinance went into effect on February 1, 2010 and provided for a
completely new fee structure for the Building Development Process; and
WHEREAS, the City Administration has worked with the new fee structure since
implementation, and has identified a series of refinements to such fee structure that will help to
clarify and bring equity to certain types of permit applications.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 50 "Fire Prevention and Protection", Section 50-3 "Plans
examination, inspections, permits" is hereby amended as follows:
* * *
(m) Refunds, time limitations, cancellations, change of contractor. The fees charged
pursuant to the schedule in appendix A, provided the same are for a permit required
by Section 1 05.1 of the Florida Building Code, may be refunded by the public works
director subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of $100.00 or less; or
b. Permits revoked by the building official under authority granted by the
Florida Building Code; or
c. Permits cancelled by court order; or
d. Permits which have expired; or
e. Permits under which work has commenced as evidenced by any
recorded inspection having been made by the department, unless the
refund is due to an overcharge by the city.
(2) A full refund shall be granted to a permit holder who takes out a permit
covering work outside the jurisdictional inspection area.
(3) A full refund less the $50.00 minimum up-front permit fee and any outside
agency fees shall be granted to a permit applicant who requests a refund in
writing, provided that no plan review has commenced.
74
A full refund less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit applicant who requests a refund in writing,
provided that a permit has not been issued.
A full refund less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit holder (to whom a permit has been issued) who
requests a refund in writing, provided:
a. That the permit holder makes a written request prior to the permit
expiration date; and
b. That no work as evidenced by any recorded inspection has
commenced under such permit.
* * *
Section 2. That Appendix A is hereby amended as follows:
Section this
code
50-3 c)
50-3(h)
50-3(i)
50-3(1)
* * *
Description Amount
{Effective
October 15,
2012)
95.00
310.00 or
95.00/hr
.00
hird and subsequent re-reviews: Based on four times the actual time
s ent on lan review multi lied b lan review houri rate
Certificate of occupancy or completion without 9&.-QQ 98.00
buildin ermit, houri rate, minimum
75
50-3(1)
50-3(1)
50-3(m)
50-3(n)
50-3(o)
50-3(p)
Section this
code
Certificate of occupancy or completion fee after
approving a temporary certificate of occupancy,
hourly rate minimum
Partial certificate of occupancy fee. Fee based on
the time spent for each subsequent partial
certificate and final certificate, hourly rate, minimum
Permit extension
Employee training, education, safety and
technology fee, percent of the fire department
component of the permit fee
Up front fee, percent of the fire department
component of the permit fee
Building permits. New construction or
reconfiguration of space-Under 50,000 square
feet. The fee is based on the total square footage
multiplied by the rate per square foot, in 100 square
feet intervals, as specified below
Description
76
Amount
(Effective
October 1,
~
9&.-00 98.00
9&.-00 98.00
1100.00
6%
20%
Discounted
Amount
(Effective
February 1,
2010 through
September 30,
~Amount
(Effective
October 15,
2012)
~52.09
~60.16
I •From 1 ,000 square feet to s,nnn 2..0..1_ 24M 25.34
I square feet above fee plus
•From 5,000 square feet to 50 nnn ~ ~7.27
I square feet, above fee plus
B Business ~Up to 500 square feet H)~.Hl .97
•From 500 square feet to 2,500 +AG 35.1?
I square feet, above fee plus
•From 2,500 square feet to 25,000 +AG +AG 7.67
I square feet, above fee plus
•From 25,000 square feet to 50,000 &.-7-4-I&.++ 5.92
square feet. above fee plus
D/E, Day care and educational
•Up to 3,000 square feet ~ ')0 A&:: 1 e~ .eo 64.
•From 3,000 square feet to 15,000 -7--,-2+ ~24.72
I square feet, above fee plus
• •From 15,000 square feet to 50,000 -7--,-2+ -7--,-2+ 7.48
square feet, above fee plus
1-1 Institutional occupancy
•Up to 1,500 square feet 9&-00 .11
i •From 1 ,500 square feet to 7,500 ~ 21.09
I square feet, above fee plus ~5.71 •From 7,500 square feet to 50,000 ~
' square feet, above fee plus
1-2 Institutional occupancy
~ •Up to 4,500 square feet
I •From 4,500 square feet to 22,500
. square feet, above fee plus
• •From 22,500 square feet to 50,000 &.-00 ~~·~
~feet, above fee plus
rcantile (department store or
tore)
~~ •Up to 1 ,000 square feet ~~?()?
•From 1,000 square feet to 5,000 &.-00---23.86
1 square feet, above fee plus
•From 5,000 square feet to 50,000 &.-00---~5.21
square feet, above fee plus
M, Mercantile (gas station)
~~ •Up to 400 square feet ~3.99
•From 400 square feet to 2,000 55.80
re feet, above fee plus
m 2,000 square feet to 20,000 l 9,-92 9,-92 10.29
sauare feet, above fee plus
I •From 20,000 square feet to 50,000 1 8.05 g,.oo 8.36
square feet, above fee plus
M, Mercantile (retail or wholec::l:ll<=>\
•Up to 1,500 square feet 3-1-M ~1]d4
•From 1 ,500 square feet to 7,500 4.-Ga 20.42
square feet, above fee plus
•From 7,500 square feet to 50,000 I 4.-Ga '"'"' .20
square feet above fee plus
77
122.16
385.82
~ ~ !::.!22=.:.·=.:=: I
129.55
50-3(p)
78
&stitutional occupancy ~ Mercantile occupancy 4.-Q§
R, Residential ~
S, Storage occupancy, excluding 4.4-J '4.4-J 4.59
parking garage
;; Storage occupancy, parking I~ ~1.28
arage, shell
All other occupancies: A, &.e8 &.e8 5.89
Assembly; B, Business; D, Day
care; E, Educational; and M,
Mercantile
1 50-3(p) I 1V11111111um fee for minor alteration I 7t:: '"' -7&.-00 77.7
1iring structural review
[}0-3(p) tl!ng permits: Specialty permits
en/bath
en renovation: Single unit (R-2 n,.oo 1 aQ.nn 70.5?
nr.r.11pancy)
Bath renovation: Single unit (R-2 n,.oo ,~.~~ 47.70
Occupancy)
Communication equipment
enclosure
I •Without transfer switch and n,.oo 7 " nn 74.66
receptacle
1 •With transfer switch and n,.oo n,.oo 74.66
1 receptacle
l Railings
•0 to 1 00 feet .z2...00 7'>.nn 74.6
I •1 01 to 500 feet ~'Ulll 74.66
•50 1 to 1 , 000 feet ~
ve 1 , 000 feet 1a7 nn 1]3.1
tor-Commercial
nder 10,000 square feet or nonlife 286.00 I;;~ ~;:31.00 I safety systems
10,000 to 50,000 square feet ao~ .oo ~51.00
50 000 square feet ~53.00
Swimming pools
New fountains: Commercial, ~ ,_,.-. .,., 4 7. 70
. including equipment
New swimming pool/spa: ~67.00 ~63.00 169.03
Commercial, under 1,000 gallons
each including equipment
New swimming pool/spa: 2~8.00 2~ ~ .00 218.81
Commercial, 1,001-25,000
gallons
New swimming pool/spa: • '>1t:: nn 2~2.00 2 ::I.O"t
Commercial, over 25,000 gallons
Swimming pool renovation: ~ 1 4+.-00 48.74
Commercial
Pool equipment: Relocation 24.-00 1~11.,4 ~rtial and total demolition
rtial demolition under 4-~ ~ nn -7a,.OO 23.00
uare feet
79
50-3(p)
Building minor work including
interior doors; re airs; etc.
Windows, exterior doors, shutters,
fixed glass or storefronts: New
installation or re lacement
80
~~85~·= I
175.00 175.00 181.
175.00
106.00
133.00 137.
~38.37
1,000 s uare feet
Paving/wood deck per 1,000
uare feet
nces and/or walls
ultifamily, commercial and
trial buildin s
to 25 devices
r additional 25 devices or part
of
s
new or replacement:
mercia I
81
61.18
215.00 2.96
,001 to 30,000 square feet
00,001 square feet and up
82
, 01 to 100,000 square fe
•1 00,001 to 150,000 square feet
•500,001 to 1 ,000,000 square f
•Repair and replace fire alarm
anel onl
•5,001 to 10,000
•1 0,001 to 15,000
•15 001 to 30,000
•30,001 to 75,000
r------•75,001 to 100,000
50-3(q)
50-3(q)
001 to 150 000
,001 to 500,000
•Over 500,000
Installation of new single station
teeters
•Under 5 devices, minimum
•U to 25 devices
•Per additional 25 devices beyond
the initial 25 or fraction thereof,
above fee Ius
1,651.00
315.00
Fire suppression system. Localized 238.00
suppression system (cooking hood,
paint booth, etc.), per unit or
system. Multiple systems in same
area (i.e., kitchen) will be charged
at 50% of above fee for each
additional s stem
Fire suppression system. Room 620.00
suppression system (computer
hood, electrical rooms, etc.), per
unit or s stem
Minor work on existing fire 172.00
suppression system (1-5
com onents
83
' 1 474.61
1,651.00
194.00 201.18
238.00 246.81
620.00 642.94
50-3(y) 150.00 150.00
50-3(z) 25.00
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and that the word "ordinance" may be changed to "section", "article",
or other appropriate word.
84
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on October 15, 2012.
PASSED and ADOPTED this __ day of-------' 2012,
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
FOR EXECUTION
"t-rz.-r~ Attomevt Date
T:\AGENDA\2012\9-27-12\Permit Fee Revisions\New Fire Fee Ordinance 09272012.docx
85
ORDINANCE NO.----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
15-40 "REFUNDS"; 15-42 "ADJUSTED RATES"; AND THAT
PORTION OF APPENDIX A OF THE CITY CODE BY
MODIFYING ZONING FEES FOR BUILDING, PLUMBING,
ELECTRICAL, AND MECHANICAL WORK, AND FOR OTHER
PLANNING DEPARTMENT ACTIVITIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010-
3672, for Zoning review, related to the fees for the Building Development Process; and
WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a
complete overhaul of the fee structure; and
WHEREAS, the City Administration has worked with the new fee structure since
implementation, and has identified a series of refinements to such fee structure that will help to
clarify and bring equity to certain types of permit applications.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 15 "Zoning Review Fees Associated with the Building Permit
Process", Article II "Zoning Review Fees Associated with the Building
Permit Process", Section 15-40 "Refunds" is hereby amended as follows:
The fees charged pursuant to this chapter may be refunded by the planning
director subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of $100.00 or less; or
b. Permits revoked by the fire marshal or building official; or
c. Permits cancelled by court order; or
d. Permits which have expired; or
e. Permits under which work has commenced as evidenced by any
recorded inspection having been made by the department.
(2) A full refund shall be granted to a permit holder who takes out a permit
covering work outside the jurisdictional inspection area.
(3) A full refund, less the $50.00 minimum up-front permit fee and any
outside agency fees shall be granted to a permit applicant who requests a
refund in writing, provided that no plan review has commenced.
A full refund, less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
86
shall be grated to a permit applicant who requests a refund in writing,
provided that a permit has not been issued.
A full refund, less $100.00 or the up-front fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit holder (to whom a permit has been issued)
who requests a refund in writing, provided:
a. That the permit holder makes a written request prior to the permit
expiration date; and
b. That a validated copy of the permit be submitted with such
request; and
c. That no work, as evidenced by any recorded inspection, has
commenced under such permit.
* * *
Section 2. That Chapter 15 "Zoning Review Fees Associated with the Building Permit
Process", Article II "Zoning Review Fees Associated with the Building
Permit Process", Section 15-42 "Adjusted Rates" is hereby amended as
follows:
The rates in appendix A pertaining to this section chapter will be administratively
adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price
Index for consumers in the southeast United States for all items, unless
otherwise directed by the city commission. Notwithstanding the preceding
sentence, the rate adjustment set to take place in February 2012 shall be waived,
finding such waiver to be in the best interest for the city and of the public.
* * *
Section 3. That Appendix A is hereby amended as follows:
* * *
OCCUPANCY TYPE INCREMENTAL COST
PER INCREMENTALJOO
SQUARE FEET
Section this Description Amount giscounteEI
Code (eJfecti~1 e Amount
Oct. 1, 2012) (effective
Oct. 1,
~
tRFOU§R
Se13t. JO
15,2012)
Amount
(Effective
Oct 15,
2012_)
32 st Per One Hundred (100) Square Feet based on
87
Occupancy Type.
Samples of Occupancy Types are provided for illustrative
purposes only and are not inclusive of all uses within each
Occupancy Type.
The fee is calculated based on the total square footage
multiplied by the rate per square foot, in 100 square feet
intervals as specified below:
A-1, Assembly-Fixed Seating {Theater, Concert Hall)
Up to 3,000 square feet
45.74
From 3,001 square feet to 5,000 square feet, above fee -1 A L1l.
plus
From 15,001 square feet to 50,000 square feet, above fee .:t-46 ~.!2.!.
plus
Iteration/Remodel ina
Uo to 3.000 sauare feet 19.00
~,001 sguare feet to 5,000 sguare feet, above fee
~I
5 001 square feet to 50 000 square feet abn,,a faa
Qlus 0.5_§
I A-2, Assembly-Food and Drink (Restaurant, Night Club,
1 Bar)
Up to 350 square feet 'lOA 17 ~A
~~ -~~ ~ -~
101.25
From 350 square feet to 1,750 square feet, above fee plus ~ ~
50.71
From 1, 751 square feet to 3,500 square feet, above fee ~~ ~
plus 36.95
From 3,501 square feet to 17,500 square feet, above fee 0 ..., ......... ~
plus
From 17,501 square feet to 50,000 square feet, above fee &.-W &.-W6.33
plus
A-2 Alteration/Remodelina I U~ to 350 sauare feet 62.18
350 sauare feet to 1 750 sauare feet abova faa nh •c 30.85
1,751 sguare feet to 3,500 sguare feet, above fee
s ?? 17
u• v,..,01 sguare feet to 17,500 sguare feet, above fee
~~ 5.01
From 17 501 sauare feet to 50 000 sauare feet above fee
I~ 5.Q1
A-3, Assembly (worship, amusement, arcade, commu.my
hall)
88
Up to 1 ,000 square feet ~n., 'l~ l 07 'lA I
~ ' r1u111 1,001 square feet to 5,000 square feet, ah ·~ f~~ A . '"'
plus 6
From 5,001 square feet to 50,000 square feet, <>h"""' foe
A . "' --
plus
A-3 Alteration/Remodeling
~ 1.000 square feet ~5
1,001 sguare feet to 5,000 sguare feet, above fee
illl!S 13,]6
From 5,001 sguare feet to 50,000 sguare feet, above fee
illl!s 1:1Q
U 1 U' ss
Up to 500 square feet 437.73 ~3~X7
~ From 501 square feet to 2,500 square feet, above fee plus ~ 89.31
From 2,501 square feet to 25,000 square feet, above fee .Cl....LI..R I Q AQ Q Q'l !
~.
plus
I From 25,001 square feet to 50,000 square feet, above fee &.W : ~~ 7.05
:plus
Alteratio_n/Remodelina
to 500 square feet 52.78
501 square feet to 2 500 square feet above fee plus 34.29
2,501 sguare feet to 25,000 sguare feet, above fee
3&1
25 001 square feet to 50 000 square fee~ f~~ l
Q_lus 3.51
D/E, Daycare and Educational
Up to 3,000 square feet ~ n'1 ~ ~=:. I ~
51.04
r 1 u••• 3,001 square feet to 15,000 square feet, above fee :t~
" 1 ;:,,uu1 square feet to 50,000 square feet, above fee -· ~ 2.27
plus
D/E Alteration/Remodeling
Uo to 3 000 square feet 16.60
From 3,001 sguare feet to 15,000 sguare feet, above fee
Qlus
From 15,001 sguare feet to 50,000 sguare feet, abo""' foe 1
Qlus 5.8_§
89
1-1, Institutional (Ambulatory)
Up to 1,500 square feet, above fee plus 1At:: e::1 I ~ ~·~
60.48
From 1,501 square feet to 7,500 square feet, above fee ~ ~
I plus
I From 7,501 square feet to 50,000 square feet -
1-1 Alteration/Remodeling
~to 1 500 sauare feet
From 1,501 sguare feet to 7,500 sguare feet, above fee
QJus ~
From 7,501 sguare feet to 50,000 sguare feet, above fee
p_lus 111
r-L, ur::.mudonal (Non-ambulatory)
Up to 4,500 square feet, above fee plus 9-h+-e
66.11
From 4,501 square feet to 22,500 square feet, above fee ~ ~. -~
plus
~ From 22,501 square feet to 50,000 square feet ~_!.78
1-2 Alteration/Remodelina
Up to 4 500 sauare feet 1
rur '+,501 sguare feet to 22,500 sguare feet, above fee
Qlill; 1&§
From 22,501 sguare feet to 50,000 sguare feet, abova faa I
p~ 0.18
~cantile (Department Store or Drug Store)
1,000 square feet 192.31 a+,-74
59.8
From 1 ,001 square feet to 5,000 square feet, above fee 4.4-8
plus
From 5,001 square feet to 50,000 square feet, abo •a faa A . ""'
plus
M, Mercantile (DeQartment Store or Drug Store}
Am::r c:niun/Remodelina
Uo to 1 000 sauare feet 59
From 1,001 sguare feet to 5,000 sguare feet, abo
Q,IUS 39.22
From 5,001 sguare feet to 50,000 sguare feet, above fee
IlliJ.§ 4~
M, Mercantile (Gas Station)
Up to 400 square feet 4e2.GG q;'?41
90
From 401 square feet to 2,000 square feet, above fee plus ~j ;;
I From 2,001 square feet to 20,000 square f'"''"'+, ~:.. ... ~
plus
From 20,001 square feet to 50,000 square feet, above fee 7b ~--·-I plus
M 1 Mercantile (Gas Station} Alteration/Remodeling
~ From 401 square feet to 2 000 square feet above fee olus
From 2,001 sguare feet to 20,000 sguare feet, above fee
plus
From 20,001 sguare feet to 50,000 sguare feet, above fee ~ I~
~ercantile (Retail or Wholesale)
~o"l n~ I ~ Up to 1 ,500 square feet ~
From 1,501 square feet to 7,500 square feet, above fee
plus
From 7,501 square feet to 50,000 square feet, above fee A ......... . ....
plus
M, Mercantile (Retail or Wholesale} Alteration/Remodeling
Uo to 1 500 sauare feet 43.67
From 1,501 sguare feet to 7,500 sguare feet, above fee
I plu$ 40.41
From 7,501 sguare feet to 50,000 sguare feet, above fee
Q]us ill
R-1, Residential-Transient (Boarding House, Hotel,
otel)
p to 2,000 square feet ~')70~1 ~
73.93
I From 2,001 square feet to 10,000 square feet, above fee
····~ ~
plus I 19.77
From 10,001 square feet to 50,000 square feet, above fee
I plus
64-J ~2.52
R-1 Alteration/Remodeling
~ feet 21.28
m 2 001 sauare feet to 10 000 sauare feet above fee I
5.69
From ~. t to 50 000 s "' ~.
plus 0.7~
R-2, Residential -Permanent (Apartment, Dormitory,
Timeshare}
91
Up to 600 square feet AkO Q'l I oo.g) ·~~.~~
10 .
From 601 square feet to 3,000 square feet, above fee pi~ .R...O..Q
~·
101 .
From 3,001 square feet to 30,000 square feet, above fee .R...O..Q .R...!lQ.
~·
:plus
I From 30,001 square feet to 50,000 square feet, above fee ~ : k ~·
~·~
I plus
-2 Alteration/Remodelinq
~ llntn~nn~
From 601 sQuare feet to 3 000 sQuare feet above fee plus
From 3,001 sguare feet to 30,000 sguare feet, above fee
~ 30,001 sguare feet to 50,000 sguare feet, above fee I
I lllil_s QM
R-3, Residential -Permanent (Dwellings, Custom Home
Up to 1,500 square feet 129.69 ~
81.1
From 1 ,501 square feet to 2,500 square feet, above fee 1 fl AQ
~. ~
plus
From 2,501 square feet to 10,000 square feet, above fee 1 fl AQ
-.;T. ""
plus
From 10,001 square feet to 50,000 square feet, above fee 10 .....
1 plus
-ing
Uo to 1 500 sauare feet 15.78
I From 1,501 sguare feet to 2,500 sguare feet, above fee
QJus 15.82
From 2,501 sguare feet to 10,000 sguare feet, above fee I
2lY§ 0.26
From 10 001 sauare feet to 50 000 sauare ~"' .... ~ ·'""'fee
Qlus 0.26
· R-4, Residential -Assisted Living (6-16 persons)
Up to 1,500 square feet 1kA 70
7
From 1,501 square feet to 7,500 square feet, above fee I ~
plus
From 7,501 square feet to 50,000 square feet, above fee ~.2m
plus
Alteration/Remodelinq
1.500 sauare feet ~
1 501 sauare feet to 7 500 sauare feet above fee
7.0A
92
From 7 501 sauare feet to 50 000 sauare feet above fe
Qh& 0.8_§
S-1, Storage-Moderate Hazard (Repair Garage)
Up to 500 square feet v .........
94.94
From 501 square feet to 2,500 square feet, above fee plus ~ ~
24.56
From2,501 square feet to 5,000 square feet, above fe-.. ~ ~
plus 17.55
From 5,001 square feet to 25,000 square feet, above fee ~, ~ plus
From 25,001 square feet to 50,000 square feet, above fee ~I ~I
plus ~
S-1 Alteration/Remodeling
57.42
14.96
17.06 Qh&
From 5,001 sguare feet to 25,000 sguare feet, abov~
plus 2.59
From 25,001 sguare feet to 50,000 sguare feet, above fee
Q)us 2.59
S-2, Storage Low Hazard (excluding Parking Garag
Up to 1,000 square feet ')')().An ~ -
95.56
From 1 ,001 square feet to 5,000 square feet, above fee ') ~ '-"·'"'"
plus 37,30
From 5,001 square feet to 50,000 square feet, above fee M9l M9
plus 4.03
1 S-2, Storage-Low Hazard (excluding Parking Garage)
Alteration/Remodel ina
Uo to 1 000 ~guare feet 95.56
From 1,001 sguare feet to 5,000 sguare feet, above fee
~ 5,001 sguare feet to 50,000 sguare feet, above fee
37.30
! IlliJ§. 1m!
S-2, Storage-Parking Garage
Up to 15,000 square feet 4+.-M 4+.-M
18.19
From 15,001 square feet to 50,000 square feet, above fee 1 ~ ~
plus 0.32
S-2 1 Storage -Parking Garage Alteration/Remodeling
93
Uo to 15 000 sauare feet 18.19
From 15,001 sguare feet to 50,000 sguare feet, above fee
ruus
All other occupancy types, including, but not limited to: A, ~ ~
Assembly; B, Business; D, Day care; E, Educational; and M, 3.95
Mercantile (department store, drug store, gas station)
Specialty permits
Communication equipment enclosure
• Without transfer switch and receptacle MOO
56.00
• With transfer switch and receptacle C: II "" M,.OO ...., ,....,....,
56.00
Generators/solar systems
Generators-Single-family 378.00 ~23.QO
49.00
Generators-Commercial 378.00 346.00
U(2 to 50,000 sg. ft. 176.00
Above 50,000 sg. ft.
176.00
Solar (photovoltaic)/alternate power systems-Single-family 2-7-,00 §6.oo
Solar (photovoltaic)/alternate power systems-2-7-,00 ~11.00
Commercial/multifamily
Transfer switch for future generator (per unit) 2-7-,00 5.00
Solar water heater [a4:00 4.15
Swimming pools
New swimming pools/spa and fountains: Residential under 378.00 ~03.0Q
1 ,000 gallons including equipment 106.81
I New swimming pools/spa and fountains: Residential, 'l7Q "" ~ea.Go ...., ...., . ....,....,
1,001-25,000 total gallons including equipment t=l I New swimming pools/spa and fountains: Residential, over 1 QQ ""
00 total gallons including equipment
imming pool renovation residential (nonstructural) ') c: ~ "" j;;_J ....,
including equipment
New fountains-Commercial, including equipment ') c:"' "" 34~.00
353.62
New swimming pools/spa-Commercial under 1 ,000 gallons 'l7Q "" aee.t#o I each including equipment 382.65
ll..!e :::wimming pools/spa-Commercial, 1,001-25,000 405.00 399.00
1 ~aiiu11S each including equipment 413.76
94
New swimming pools/spa and fountains-commercial over 405.00
25,000 gallons each including equipment
Swimming pool renovation commercial (nonstructural) ! ')J:: ~ "" :§4~.00
including equipment
Demolition
Total demolition under 3 stories MOO MOO
Total demolition over 3 stories MOO ~
Partial Demolition under 300 sg.ft. 16.00
Partial Demolition w:l6eF 300 to 1000 sq.ft. MOO laJ 50.00
Partial demolition, 1,001-5,000 square feet i=;A f"lf"l IW-91.85 """ """"
Partial demolition per 1 ,000 over 5,000 square feet J:: A "" ~
44.59
clition of signs, fences and/or other then above 2LQO ~e.OO 26.96
q"'l IV e and replace 0.00
Replace fabric for awning: Residential 2LQO 14.0014.52 ~ -~~
Replace fabric for awning: Commercial 2LQO ~ ,-· -~
Docks including equipment and pilings associated with dock
construction and 2 moorings
Docks-Residential under 100 square feet MOO 2~.(1{)_30.07
Docks-Residential, 101-500 square feet ~ ~
84.00
Docks-Residential each 100 square feet over 500 ~ ~26.96
Docks-Commercial under 100 square feet ~
Docks-Commercial, 101-500 square feet ~ 180.00 82J!Q
Dock repair-Commercial ~ lnoo_28.oo
Seawalls/lifts/pilings/moorings
Seawalls under 75 feet ~ ~d.00 23.85
lis, 75-150 feet ~ ~e.OO~
lis each additional 25 feet over 150 feet &.00 &.00-5.19
Watercraft lift
• Up to 2 systems (dual arm lift is a single unit) MOO 15A.0f"l 56.00
• Each additional system over 2 l&..oo l&..oo-p.19
Pilling/moorings
• Up to 2 units MOO 5~.00 53.92
• Each additional piling over 2 4-0 4-0-10.37
95
tric master requiring subs s.89 Parking lot lighting : '17 '"' ;= """"
Mechanical master requiring subs
AC unit new: Residential, 1 unit M.-00 ~~"."" 31.11
unit new: Residential, 2 or more units I I:: A '"' 4&.-00-46.67
it new: Commercial, per unit r: A nn 49-,00.-50.81
Cooling tower with structural work I r: A "" ~51.§.§ I,
~lumbing master requiring subs
ackflow protection device (any quantity) M.-00 IA~_nn 47.70
Irrigation systems, 1 zone minimum fee ~ 19-:00-.6.22
Irrigation systems per each additional zone ~ &.-00-5.19
Temporary/special events
Temporary platforms for public assembly, first approval I '17 "" 27.QQ 28 ~-· ·-
Temporary bleachers for public assembly, first approval ~ !25.0(\ 25.93
Temporary chiller ~ :?L!ill-28.00
Temporary generator (non-special event) '17 nn nGG-28.00 = :v<:T
1 vur r::su ction, sales or office trailer, per unit ~ 27.QQ 28.00
!Temporary power for construction ~ 27.QQ 28.00
Temporary fencing '17 "" ~-· ·-~ -~
Stand Alone Permit Review Fees:
Windows, exterior doors and shutters
Installation or replacement of windows or exterior doors, 1 ~ I Q 1 nn_ 84.00
unit
I Installation or replacement of windows or exterior doors, 2 lo1 nn 8~ .QQ 84.00
110
I Installation or replacement of windows or exterior doors, ~-~~"'"" ~Q4.QQ
11-30 107.85
Installation or replacement of windows or exterior doors, I,., -t c "" ~ 31-50
§.1 and above (special inspector required), per each ~
additional 5 openings or part thereof
!Shutters, 1-30 openings M.-00 A~44.59
: :~ .... ~~ ... rs, each additional 10 openings or part thereof over I&.OO &.-00-5.19
30
Storefront
I\:!Lur~::rront up to 100 square feet H32.QQ ~ Storefront, 101 to 1,000 square feet 2H~.QQ
96
221.92
Storefront, per additional 100 square feet over 1 ,000 ")7 "" : ")7. "" 2_§,QQ
Moving buildings/structures
Moving buildings or other structures under 1,500 square Q"" "" ~ I feet
Per additional 1,500 square feet over 1,500 ~Qg,gg ~
Concrete and paving
1 Concrete slabs and walkways per 1,000 square feet 3-1--:-00 J9.GG 4
Paving/wood deck per 1 ,000 square feet ! Q" "" ~21.78
Signs
: ::;;l::flli::> (flGAelectric) ~GS.QG
112.00
Signs (nonelectric) painted ~Qg,QQ ~
Roofing/waterproofing
Roofing/reroofing I ">7 "" ~ G.GG 1 0.3.Z
vvatt:::q.Jroofing under 2,000 square feet ~ ~ J.GG 13.48
~~=~=~proofing per each additional 1,000 square feet or part ~ " ~.~~-·-
of
I Fences/walls
lt:onr-os and/or walls: Residential under 75 feet I o 1 "" 153.0" 54.96
Fences and/or walls: Residential per additional 75 feet or ~ eJ part thereof
Fences and/or walls: Commercial ~Ja.GG
I Railings, installation or replacement 3-1--:-00 Q" . "" 84,QQ
Awnings
Awnings, canopies and residential patio covers,each 4--JG 3-1--:-00 3-1--:-00
square feet; single-family homes (fabric replacement no 0.00
charae
Awnings, canopies and residential patio covers, 4--JG ~Qg.QQ 1108.00
SE!uare feet; all other occupancies
ktmiR§s, GaRef)ies aRe resi9eRtial J)atie Gevers, eaGI=I ~ W-:00
a99itieRal JG square feet; all eGGUJ)aRGies
Carport awning 1:::~ 'Q 1 "" 84.001 !~ .~~
Pool heat pumps (new) !2 7 .0~ ~-· ·~
Dnnl heat pumps (replacement) ~ H3.GG_1_._
Painting
97
15-33
1------
15-35
inting permit: Commercial 108.00
inting permit: Residential 108.00
cal Permit Review Fees
arging stations-Single-family residence
arging stations-Commercial (up to 5 units)
C unit replacement (single unit): Commercial under 2,000 ~
AC unit replacement (single unit): Commercial over 2,000 ~
FM
andscaping (residential) excludes single-family residence 162.00
andscaping (commercial) up to 250 square feet
Landscaping (commercial) lot size greater than 10,000
I <::n'll~r,A fi=!At
Percent of permit review fee that covers plan review
d plans processing fee
is ions
757.00
-1-0
SECTION 4. REPEALER.
109.00
54.00
All ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 6. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and that the word "ordinance" may be changed to
"section", "article", or other appropriate word.
98
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on October 15, 2012.
PASSED and ADOPTED this __ day of--------' 2012.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
FOR EXECUTION
~ ,/(&
Date
T:\AGENDA\2012\9-27-12\Permit Fee Revisions\Pianning Dept
99
ORDINANCE NO.----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
98-94 "REFUNDS"; AND THAT PORTION OF APPENDIX A OF
THE CITY CODE BY MODIFYING INSPECTION FEES FOR
BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL
WORK, AND FOR OTHER PUBLIC WORKS DEPARTMENT
ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010-
3673, for Public Works review, related to the fees for the Building Development Process; and
WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a
complete overhaul of the fee structure; and
WHEREAS, the City Administration has worked with the new fee structure since
implementation, and has identified a series of refinements to such fee structure that will help to
clarify and bring equity to certain types of permit applications.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 98 "Streets and Sidewalks", Article Ill "Excavations", Division
2 "Permit", Section 98-94 "Refunds" is hereby amended as follows:
The fees charged pursuant to this Code may be refunded by the public works
director subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of $100.00 or less; or
b. Permits revoked by the fire marshal or building official; or
c. Permits cancelled by court order; or
d. Permits which have expired; or
e. Permits under which work has commenced as evidenced by any
recorded inspection having been made by the department.
(2) A full refund shall be granted to a permit holder who takes out a permit
covering work outside the jurisdictional inspection area.
(3) A full refund, less the $50.00 minimum up-front permit fee and any
outside agency fees shall be granted to a permit applicant who requests a
refund in writing, provided that no plan review has commenced.
A full refund, less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be grated to a permit applicant who requests a refund in writing,
provided that a permit has not been issued.
100
A full refund, less $100.00 or the up-front fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit holder (to whom a permit has been issued)
who requests a refund in writing, provided:
a. That the permit holder makes a written request prior to the permit
expiration date; and
b. That a validated copy of the permit be submitted with such
request; and
c. That no work, as evidenced by any recorded inspection, has
commenced under such permit.
* * *
Section 2. That Appendix A is hereby amended as follows:
* *
Section this Description
Code
98-(1)
92
c
(2)
(5)
(6)
(7)
Street Excavation Permit:
• 50 Lineal feet or less
• Each additional lineal foot
alk Repair Permit:
• 50 Lineal feet or less
• Each additional lineal foot
Sidewalk Construction Permit:
• 50 Lineal feet or less
• Each additional lineal foot
ng or Resurfacing of Parkway or Shoulder
rmit:
• 25 Lineal feet or less
• Each additional lineal foot
ndscaping, per tree
Line and Grade Survey Permit:
• 50 Lineal feet or less
101
*
/\mount Discounted
(Effective /\mount
Oct. 1, 2012) (Effective
Oct. 1, 2011
through
Sept. 30,
~
Amount
(Effective
October 15,
2012
288.00
298.65
~ 362.96
• Each additional lineal foot -7,.00-7. 2 5
(8) 'J Construction Permit, each driveway ~a6.GG
129.62
(9) Flume excavation permit, each excavation 'l'lA or a88.GG ~
(1 0) Utility placement permit, poles, splice pits, manholes, 'J'JA nn a88.QQ
hand holes, catch basins, pedestals, vaults and auger 298.65
holes
• Plus, for each additional, per block on same ~ 44.00-14.51
permit
( 11) Underground utility service connection right-of-way 'J'JA ('I(' 288.0Q
excavation permit, each water, gas, electric, 298.65
telephone, cable, television or sanitary sewer
connection from base building line to the utility located
within the public right-of-way
~I L) Groundwater monitoring wells, each well 'J'JA nn 288.QQ
298.65
(13) Permit renewal fee: 90-day extension of permit fee -1 ")&;: ('\(' 125.00
expiration date
(14) After-the-fact permit fee. For any work described in (1)
through ( 12), ( 16) and ( 17) herein, performed without
proper permits and inspections, quadruple the fees.
(15) Re-inspection fees. When additional inspection is 1 ")Q ('\(' 110.00 ·-~·~
required for work previously inspected and rejected by 114.07
the Department of Public Works, a re-inspection fee
will be required, for each re-inspection
1 (16) Dewatering permit fee 'JC:('I ('\(1
(17) Blocking of right-of-way (Cranes only) NOTE: For
arterial roadways, full day permit is defined as six
hours between 9:00 a.m. and 3:00 p.m.
Standard review (full day permit)
• Local road ':Inn nn :iQQ.QQ
• Collector road A 1 '1 ('I('
-·~
• Arterial road &;:oj&;: ('\('! 6~5.QO ~ ~·~
Priority review (same day permit review)
• Local road 370.8Q
• Collector road AnA Ari
• Arterial road a 1 Q nr 618.QQ
ecutive multi-day additional fee (per day) 96
rtial day permit (4 hours or less) a • Local road -I&;:A nr
~ ·~
• Collector road ")('IC: ('\('
-~~.~
102
• Application fee, involving city property
Coastal review
98-Double fees for starting work prior to issuance of
92 permit: Any person who commences any work on a
(e) building, structure, electrical, gas, mechanical or
plumbing systems before obtaining the city's approval
or the necessary permits shall be subject to a penalty
of 100 percent of the required permit fee, in addition to
the re uired ermit fees. !-----+---
plans processing fee
Plan review and inspection fee hourly rate. The plan
review and inspection fee hourly rate is calculated at
the beginning of each fiscal year based on the
department's approved budget, overhead and indirect
costs and the resources assigned to the inspection
ro ram.
front processing fee: Percent of estimated public
rmit fee
ent of City Code related to building permits -
cialt and stand-alone ermits
ew swimming pools/spa and fountains: Commercial
103
20%
!---~.-+-~-
molition of signs, fences and/or other then a
nd special event fees
mporary platforms for public assembly, first appro
bleachers for public assembly, first
• Commercial
Installation or replacement of windows and exterior
doors in all buildings, shutters, fixed glass or
storefronts:
ent of City Code related to electrical pe
104
1-----+---
ent of City Code related to plumbing p
fees:
bing permits including building, electric and
chanica! com onents
flow protection devices, per device
·on systems
First zone
Each additional zone
permits -Stand alone
or connections:
Water meter/sub-meter connections to water supply
system or to appliances/installations not covered by
fixtures
lls, tanks, gas, sewer:
lis or discharge wells
Natural gas and liquefied petroleum, 1 unit per outlet
and 1 er a liance
Water/gas mains per 1 unit per 50 feet
Sub-meter with backflow protection system up to 5
units
nitary, storm, condensation drains and collector
er 1 unit er 50 feet
t of City Code related to mechanical permit
•
• 2-5 Units
AC unit new: Commercial, per unit
Cooling tower with structural work
• New Construction or Reconfiguration of Space
Cost per 100 square feet based on occupancy type as defined by the Florida Building Code. Samples
of occupancy types are provided for illustrative purposes only and are not inclusive of all uses within
each occupancy type. The fee is calculated based on the total square footage multiplied by the rate
per square foot, in 100 square feet intervals, as specified below
OCCUPANCY TYPE
105
INCREMENTAL
COST PER
INCREMENTAL
100 SQUARE
FEET (Effective
October 15,
2Q12J
ssembly-Fixed Seating (Theater, Concert Hall)
Ius
Ius
uare feet, above fee Ius
uare feet, above fee Ius
• From 25,001 square feet to 50,000 square feet, above fee plus
ration/Remodeling
uare feet above fee Ius
Ius
uare feet above fee Ius
uare feet, above fee Ius
• From 1 ,501 square feet to 50,000 square feet. above fee plus
1-2, Institutional (Non-ambulatory, hospital)
uare feet, above fee Ius
Ius
106
Ius
Ius
Ius
• From 10 001 s uare feet to 50,000 s uare feet, above fee Ius
ation/Remodelin
• From 1 ,501 s uare feet to 50,000 s uare feet, above fee Ius
20.61
• From 7 501 s uare feet to 50,000 s uare feet, above fee Ius 0.07
Shell building > 75 feet
• U to 15,000 s uare feet -6002.13
• From 15,001 s uare feet to 50,000 s uare feet, above fee Ius 0.06
107
For any square footage over 50,000 square feet, above fee per occupancy type
s
All other occupancy types, including, but not limited to: A, Assembly; B, Business;
D, Daycare; E, Educational; and M, Mercantile (department store, drug store, gas
station)
SECTION 3. REPEALER
0.06
All ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and that the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on October 15, 2012.
PASSED and ADOPTED this __ day of _______ , 2012.
ATTEST:
CITY CLERK
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
(_
T:\AGENDA\2012\9-27-12\Permit Fee Revisions\PW BLDG Ordinance Process Fees 09272012.docx
108
iBE
NOTICE liEREBY given that second readings and public hearings wili be held
by the Mayor and City Commission of the City of Miami Beach, Florida, in the·
Commission Chambers, 3rd Floor, City Hall, .1700 Conventign Center Drive, Miami
Beach, Florida, on THURSDAY, September 27,2012 to consider the following public
hearings. (Due to the Miami Herald's. deadline, ordinances that are tabled, denied or
withdrawn will appear' in this advertisement). ·
5:05p.m. ·
Ordinances Modifying The Bu11ding, Planning And P.ublic Works Departments Fees
Related To The Building Development Process Implemented On February 1, 2010 ..
i. Ordinance Amending Section i 4-61 "Permit Fees", Section i4-62 "Building
Permits", And That Portion Of Appendix A Of The City's Code Of Ordinances By
Modifying Inspection Fees For Building, Plumbing, Electrical, And Mechanical Work,
And For Other Building Department Activi~ies.
2. Ordinance Amending ·Section 50-3 "Plans Examination, Inspections, Permits"
And That Portion Of Appendix A Of The City's Code Of Ordinances By Modifying
Inspection Fees. For Building~ Plumbing, Electrical, And Mechanical Work, And For
Other Fire Department Activities.
3. Ordinance Amending Section 15-32 "Fees", 15-40 "Refunds", 15-42 "Adjusted
Rates" And That Portion Of Appendix A Of The City's Code Of Ordinances By
Modifying Zoning For Building, Plumbing, Electrical, And Mechanical Work,
And For Other Planning Department.Activities.
4. Ordinance Amending Sectiof1 98-92 "Permit Fees", Section 98-94 "Refunds",
And That,Portion Of Appendix A Of The City'S; Code Of Ordinances By Modifying
Inspection Fees For Building, Plumbing, Electrical, And Mechanicai"'Work, And For
Other Public Works Department Activities.
Inquiries may be directed to the Budget Office at (304) 673-7510.
INTERESTED PARTIES are invited to appear at this meeting, or be. represented by an
agent, or to express their views in writing addressed to the City Commission, c/o the
City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for public Inspection during normal
business hours in the City Clerk's Office, 1709 Convention Center Drive, 1st Floor, City
Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such
circumstances additional legal notice will not be provided.
Rafael E. Granado, City Clerk .
City of Miami Beach
Pursuant to Section 286.8105, Fla. Stat., the City hereby advises the public that
if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at its meeting or its hearing, such person must
ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. This notice does
not constitute consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information
on access for persons with disabilities, and/or any accommodation to review any
document or participate in any City-sponsored proceeding, please contact us five
days in advance at (305) 673-7 411 (voice) or TIY users may alsQ call the Florida
Relay Service at 711. · ·
Ad #744 109
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
ADOPTING: 1) THE FINAL AD VALOREM MILLAGE OF 6.0909 MILLS FOR GENERAL OPERATING PURPOSES,
WHICH IS EIGHT AND FOUR-TENTHS PERCENT (8.4%) MORE THAN THE "ROLLED-BACK" RATE OF 5.6184
MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0.2568 MILLS
Key Intended Outcome Supported:
Minimize taxes; Control Costs of payroll including salary and fringes; ensure expenditure trends are sustainable
over the long term; Improve the City's overall financial health and maintain overall bond rating; Increase
community satisfaction with city services
Supporting Data {Surveys, Environmental Scan, etc.):
• Over the last several years, the City of Miami Beach has adopted budgets that provided tax and fee relief while at
the same time providing improving services that address community priorities (e.g. public safety, cleanliness,
landscaping and beautification, recreation and cultural arts programming, renewal and replacement funding for our
facilities, and building/development functions). In FY 2007/08 alone, the property tax rate declined by approximately
1.8 mills, with savings to the average property owner of over $400. In addition, in FY 2005/06 and FY 2006/07, the
City funded $200 and $300 "homeowner dividends" paid to homesteaded property owners in the City.
• However, recent years have been very challenging due to declines in property values and increasing costs,
particularly pension costs. Since FY 2007/08, property values have declined $3.8 bHHon to the July 1, 2012 certified
taxable value, a reduction of approximately 14 percent, despite about $3 billion in new construction added to the roll.
The July 1, 2012 Certification ofTaxable Value from the Miami-Dade County Property Appraiser reflects an increase
of 5% in property values for the City as a whole, 5.4"/e in the RDA and 4.9% outside of the RDA.
Issue: I Shall the Mayor and City Commission adopt the resolution?
Item Summa /Recommendation:
The total proposed final operating millage is reduced from FY 2011112 at 6.0909 mills, including a general
operating millage rate of 5.9826 and a General Fund Capital Renewal and Replacement millage of 0.1083. The voted
debt service millage rate is decreased from 0.2884 to 0.2568.
The proposed millage provides funding for a $.8 million set aside for FY 2013/14 to offset the loss of a one-time carry
forward of$2.2 million in FY 2011/12 pension credit savings in the General Fund to FY 2012/13. This is equivalent to
0.0585 mills. Net of enhancements in the Building Department, which are offset by increased revenue, the millage
provides for $2.85 million in service enhancements as a return on value to our taxpayers including, twelve Police
Officers, additional Police overtime for homeless outreach, additional staffing for Police Records and Detention
Center, increased internal controls, additional staff to manage a $2 million growth in lease revenues over the last
three ears and 1.4 million transfer to ca ital a -as-ou-o ro·ects. e uivalent to 0.1520 mills
Advisory Board Recommendation:
Account
OBPI
Financial Impact Summary: The combined millage rate overall remains approximately 2.4 mills lower than it
was in FY 1999/00. In addition, the millage rate is approximately 1.3 mills lower than it was in FY 2006/07, when
property values were similar to the July 1, 2012 certified values resulting in a net tax levy reduction of $29 million
since FY 2006107.
City Clerk's Office Legislative Tracking:
MIAMI BEACH 111
Cit
AGENDA ITEM .......!.-::......:.7....:..Pt_l_
DATE q ... ). 1-12..
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathi G. Brooks, Interim City Manager
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING: 1) THE FINAL AD VALOREM MILLAGE OF 6.0909
MILLS FOR GENERAL OPERATING PURPOSES, WHICH IS EIGHT AND FOUR-
TENTHS PERCENT (8.4%) MORE THAN THE "ROLLED-BACK" RATE OF 5.6184
MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0.2568 MILLS FOR FISCAL
YEAR (FY) 2012/13.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached Resolution which
sets the following:
1) Final adopted millage rates for Fiscal Year (FY) 2012/13
General Operating
Capital Renewal & Replacement
Sub-Total Operating Millage
Voted Debt Service
Total
5.9826 mills (6.0572 FY 2011/12, 0.0746 decrease)
0.1083 mills (0.1083 FY 2011/12, no change)
6.0909 mills (6.1655 FY 2011/12, 0.07 46 decrease)
0.2568 mills (0.2884 FY 2011/12, 0.0316 decrease)
6.3477 mills (6.4539 FY2011/12,0.1062 decrease)
2) The final adopted combined millage rate of6.3477 mills is 0.1062 mills less than the 6.4539
combined millage rate for FY 2011/12. The final adopted operating millage rate for FY
2012/13 is 6.0909 mills. The final adopted operating millage for FY 2012/13 is 0.4725 mills
more than the roll-back rate of 5.6184, and thus, the City is required to publish a Notice of
Proposed Tax Increase. This notice was duly published in the Miami Herald on Sunday,
September 23, 2012 in accordance with Florida Statutes 200.065.
The first public hearing on the tentative millage rates and budgets for FY 2012/13 was held on
Wednesday, September 12, 2012. The millage rates presented herein are those which were
tentatively adopted at the end of that first public hearing.
The rollback rate is the millage rate required to produce the same level of property tax revenues in
FY 2012/13 as collected in FY 2011/12. The rollback rate is calculated by dividing the prior year
property tax revenues by the current year property values, after new construction, major
improvements, annexations, deletions and tax increment districts are removed from current year
112
FY 2012/13 Final Millage Adoption
September 27, 2012
Page 2
property values. It is important to note, that the January 1, 2011, tax roll Citywide declined by $1.2
billion (5.6%) between the July 1, 2011 valuation and the July 1, 2012 valuation due to appeals,
adjustments, etc, which is part of the reason the FY 2012/13 "roll-back rate" is lower than the FY
2011/12 current millage rate and lower than it would be if the roll-back rate was only adjusted for
the increase in revenues generated by higher property values. The area outside of City Center
RDA, which impacts General Fund revenues, declined by almost $1 billion during the same time
period.
The Administration is recommending a total combined millage rate for the City of Miami Beach of
6.3477. The total proposed operating millage declines to 6.0909 mills, including a general operating
millage rate of 5.9826 and a General Fund Capital Renewal and Replacement millage of 0.1083.
The proposed voted debt service millage rate is adjusted from 0.2884 to 0.2568, a decrease of
0.0316 mills.
The proposed millage provides funding to partially offset increases in employee costs as well as
funding approximately $2.85 million in enhancements (excluding Building Department
enhancements which are funded by increased Building Department revenues).
PROCEDURE
Florida Statutes 200.065 requires that at the conclusion of the second public hearing on the
proposed tax rate and budget, the City Commission proceed in the following specific manner:
1. Adopt an ad valorem millage rate for FY 2012/13 operating purposes and debt service. The
statute requires the name of the taxing authority, the "Rolled-back" rate, the percentage
increase over the "Rolled-back" rate, and the millage rates be publicly announced before
adoption of the millage levy resolution.
State statute requires that only the title be read aloud.
2. Adopt a general operating budget for FY 2012/13. Also included, are budgets for the
Enterprise Funds and Internal Service Funds and general Ad Valorem taxes. This is
accomplished by adopting a companion Resolution. (See accompanying City Budget
Agenda Item).
SUMMARY
In FY 2010/11 the City's approach to addressing the then deficit of $32 million included a
distribution of the shortfall between taxpayers and employees. Taxpayers had their tax rate
increased from 5.6555 to 6.2155, an increase of 0.56 mills. The goal of the Commission has been
to bring them back to that level as property values increase over time. It should be noted that
between FY 2009/10 and FY 2010/11 values declined by $2.6 billion driving the need for an
increase in the millage. The FY 2012/13 values are still short of FY 2009/10 values by $1.6 billion.
As values approach FY 2009/10 values, through further increases in the future, this will provide the
opportunity for further reductions in the millage.
In FY 2011/12 the City took its first step in that direction with a reduction in the millage rate of 0.05
mills. The tentatively adopted millage rate for FY 2012/13 reduces the operating millage by an
additional 0.0746 mills and a total reduction of 1.0620 mills including the reduction in debt service
millage. The total millage reduction over the two fiscal years is .01246 mills. Over two years, this
113
FY 2012/13 Final Millage Adoption
September 27, 2012
Page 3
reduction represents 22 percent of the goal to return to a millage rate of 5.6555.
The proposed millage has been developed based on $2.6 million in employee givebacks in the
General Fund to partially offset $5.7 million in pension and health increases. These employee
givebacks will need to be negotiated with bargaining groups over the coming year. Further, the
proposed millage incorporates a set aside of $1.1 million for FY 2013/14 to partially offset the loss
of a $2 million one-time pension credit ($2.5 million citywide) in FY 2012/13 that will not be available
for FY 2013/14. Should this be used instead to further reduce the millage, it would result in a further
reduction of .0585 mills.
The Administration is recommending a total combined millage rate for the City of Miami Beach of
6.3477. The total proposed operating millage declines to 6.0909 mills, including a general
operating millage rate of 5.9826 and a General Fund Capital Renewal and Replacement millage of
0.1083. The proposed voted debt service millage rate is adjusted from 0.2884 to 0.2568, a
decrease of 0.0316 mills.
It is important to remember that in prior years, the City of Miami Beach significantly reduced tax
rates as property values increased. Between FY 1999/00 and FY 2009/10, total combined City of
Miami Beach property tax rates declined approximately 2.8 mills. In FY 2007/08 alone, the millage
rate declined by approximately 1.8 mills, with annual savings to the average homesteaded property
of over $400. Further, despite an increase of 0.56 mills in the operating tax rate in FY 2010/11, City
of Miami Beach tentatively adopted combined millage rates today remain more than 2.3 mills lower
than in FY 1999/00 (25 percent), and approximately 1.3 mills lower than 2006/07 when property
values were similar to today's values.
ANALYSIS OF PROPERTY VALUES IN MIAMI BEACH
On July 1, 2012, the City received the "2012 Certification of Taxable Value" from the Property
Appraiser's Office stating that the taxable value for the City of Miami Beach is $23,072,321 ,980
including $96,864,874 in new construction. The preliminary 2012 value represents an increase of
$1.1 billion or 5.0 percent more than the July 1, 2011 Certification of Taxable Value of
$21 ,978,289,928, and an increase of 5.0 percent excluding new construction.
The comparative assessed values for the Miami Beach Redevelopment Agency City Center
Redevelopment District (City Center RDA) increased from $3,423,353,944 to $3,608,718,451, an
increase of $185,364,507, or a 5.4 percent increase in values over 2011 certified values. In
addition, assessed values within the geographic area formerly known as the South Pointe
Redevelopment District increased from $3,446,036,913 to $3,618,097,360, an increase of
$172,060,447, or a 5.0 percent increase in values over 2011 certified values. As a result, taxable
values in the areas outside the City Center RDA/South Pointe area increased by 4.9 percent, from
$15.1089 billion to $15.8455 billion, an increase of$0.7366 billion.
Citywide values excluding the City Center RDA increased from $18.5549 billion to $19.4636 billion,
an increase of $0.9087 billion, or 4.9 percent. Values outside the City Center RDA area determine
General Fund revenues.
114
FY 2012/13 Final Millage Adoption
September 27, 2012
Page 4
COMPARATIVE ASSESSED VALUES (in billions)
As of July 1
2011 Revised
(For FY Value (For
2011/12 FY2011/12
General Fund excl S.Pte
ide $
t of City Ctr
DETERMINING THE OPERATING MILLAGE LEVY
Jan. 1 2012
Value (in
billions
$
The first building block in developing a municipal budget is the establishment of the value of one
mill of taxation, wherein the mill is defined as $1.00 of ad valorem tax for each $1,000 of property
value. For the City of Miami Beach, this value for each mill is determined by the 2012 Certification
of Taxable Value and has been set at $23,072,322. Florida Statutes permit a discount of up to five
percent for value adjustments, early payment discounts, delinquencies, etc. Therefore, the 95
percent value of the mill is $21 ,918, 706.
However, net of City Center RDA tax increment, which represents the amount available to the
General Fund, the 95 percent value of the mill is $18,768,367.
Impacts of Decline in Property Values
In FY 2011/12, the operating millage rate for general City operations was adopted at 6.1655.
Based on the July 1, 2012, Certification of Taxable Value, 6.1655 mills would generate
approximately $135,139,781 in general tax revenues, an increase of $6,407,992 over FY 2011/12
budgeted property tax revenues Citywide (General Fund, City Center RDA and the South Pointe
area).
However, the January 1, 2011, tax roll Citywide declined by $1.2 billion between the July 1, 2011
valuation and the July 1, 2012, valuation due to appeals, adjustments, etc., which resulted in the FY
2012/13 "roll-back rate" being significantly less than the FY 2011/12 current millage rate. The area
outside of City Center RDA declined by almost $1 billion.
Maximum Millage Determination
Further, pursuant to recently enacted State legislation, the City may elect to approve millage rates
above the roll-back rate up to the constitutional cap of 10 mills subject to the following votes by the
Commission or referendum:
115
FY 2012/13 Final Millage Adoption
September 27, 2012
Page 5
• Option 1: A majority of the Commission is required to approve a millage up to 8.0844
(equivalent to 100.447% of prior year maximum ad valorem proceeds allowed by a majority
vote, net of the impact of the Tax Increment Districts). The adjustment of 100.447% reflects the
statewide per capita personal income increase for the prior year
• Option II: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a
millage up to 8.8928 (equivalent to a 10% increase in the ad valorem revenues above Option 1).
• Option Ill: A unanimous approval of the Commission or referendum is required to approve a
millage above 8.8928 up to the 10 mill cap
DETERMINING THE VOTED DEBT SERVICE MILLAGE LEVY (GENERAL OBLIGATION DEBT
SERVICE FUND)
The general obligation debt service payment for FY 2012/13 is approximately $5.9 million. Based
on the July 1, 2012 Certified Taxable Value from the Property Appraiser, these bonds would require
the levy of a voted debt service millage of 0.2568 mills. This represents a decrease of 0.0316 mills.
COMBINING THE OPERATING AND VOTED DEBT SERVICE MILLAGE LEVIES
Illustrated below is a comparison of the combined millage rates for the City of Miami Beach for FY
2010/11 (final) and FY 2012/13 (preliminary) including RDA. It is recommended that in the General
Fund, 0.1083 mills of the total operating millage continue to be dedicated to renewal and
replacement, resulting in approximately $1.76 million in renewal and replacement funding.
% lnc/(Dec)
From From FY
City of Miami Beach Millage Rates FY 06/07 FY 11/12 FY 12/13 lnc/(Dec) FY11/12 06/07
Operating 7.1920 6.0572 5.9826 -0.0746
Capital Renewal & Replacement 0.1820 0.1083 0.1083 0.0000
Sub-total Operating Millage 7.3740 6.1655 6.0909. ·0.0746 -1.2% -17%
Debt Service 0.2990 0.2884 0.2568 -0.0316
Total 7.6730 6.4539 6.3477 ·0.1062 = -1.6% -17%
If these recommended millage rates are adopted, then the City of Miami Beach's total operating
millage will decrease by 0.0746 mills from the current year, and the voted debt service millage will
decrease by 0.0316 mills, for a combined decrease of 0.1062 mills.
CITY OF MIAMI BEACH MILLAGE LEVY IMPACT ON MIAMI BEACH PROPERTY OWNERS
Homesteaded Properties
Amendment 10 to the State Constitution took effect on January 1, 1995 and limited the increase in
assessed value of homesteaded property to the percentage increase in the consumer price index
(CPI) or three percent (3%), whichever is less. For 2011, the CPI has been determined to be 3.2
percent and therefore, the increase is capped at 3% for increased values as of January 1, 2012.
Overall, based on an analysis of the homesteaded properties in the 2011 tax roll (the latest
available from the Miami-Dade County Property Appraiser at this time), the median value of
116
FY 2012/13 Final Millage Adoption
September 27, 2012
Page 6
homesteaded property in Miami Beach for 2012 (as of August 2011) was $119,461, and the
average $277,201. Applying the increase to the market value of all existing homesteaded
properties from the 2011 tax roll, and the 3 percent CPI adjustment, the impact of the millage rate
adjustment to homesteaded properties would be as shown in the following table.
Homesteaded Properties
with 3%CPI
FY 2011/12 (as of
January 1 2011)*
----l
Value
Taxes
Operating
Voted Debt
Total Miami Beach
$ Change in Taxes
Operating
Voted Debt
$
Median
737 $
34
771 $
749 $
32
781 $
12 $
(2)
1,739
73
1,812
30
2
Total Miami Beach 10 $ 32
*Source: Miami-Dade County Property Appraiser File as of 8/17/10
Non-Homesteaded Properties
It is anticipated that, overall commercial properties, would reflect a decline based on the overall
decline in the property values, although individual properties could vary significantly.
Historical Perspective
It is important to remember that in prior years, the City of Miami Beach significantly reduced tax
rates as property values increased. Between FY 1999/00 and FY 2009/10, property tax rates
declined approximately 2.8 mills. In FY 2007/08 alone, the property tax rate declined by
approximately 1.8 mills, with annual savings to the average homesteaded property of over $400. In
addition, in FY 2005/06 and FY 2006/07, the City funded $200 and $300 "homeowner dividends"
paid to homesteaded property owners in the City.
Tol'al Con~bined Millage
98 99 '00 '01 '02 '03 '04 'OS '06 '07 'OS '09 '10 11 12 13
Fiscal Years
117
FY 2012/13 Final Millage Adoption
September 27, 2012
Page 7
The combined millage rate overall remains approximately 2.4 mills lower than it was in FY 1999/00.
In addition, the millage rate is almost 1.3 mills lower than it was in FY 2006/07, when property
values were similar to the July 1, 2012 certified values. As a result, the proposed property tax levy
is lower in FY 2012/13 than it was in FY 2006/07.
Property Values and Tax Levy
'07 '08 '09 '1 0 '11 '12 '13
-Property Values _.__Tax Levy including Debt
Property Values, Millage and Property Tax Levy
Millage Rates Tax Lev (in millions)
Final/
Taxable Revised
Property Taxable Total General Total
Fund/RDA
118
General Fund
Total
(including S.
Pointe, and
Renewal &
Re
FY 2012/13 Final Millage Adoption
September 27, 2012
Page 8
COMBINING JURISDICTIONAL OPERATING AND DEBT SERVICE MILLAGE LEVIES
City of Miami Beach property owners must also pay property taxes to Miami-Dade County, the
Miami-Dade County School Board, the Children's Trust, the South Florida Water Management
District and the Florida Inland Navigation District.
The countywide tax rate for Miami-Dade County is proposed to decrease from 4.8050 mills to
4. 7035 mills; the library tax rate is proposed to decrease from 0. 1795 mills to 0.1725 mills; and the
debt service millage stayed the same at 0.2850.
The proposed tax rate for the Miami-Dade School District is 8.0040; 0.0010 mills less than the prior
year millage of 8.0050. The Children's Trust millage is maintained at 0.5 mills. The proposed tax
rate for the South Florida Water Management District is 0.4289, which is unchanged. The
proposed tax rate for the Florida Inland Navigation District is 0.0345; which is unchanged from the
FY 2011/12 millage rate.
ovided in the followin table.
Variance Variance
FY 11/12 FY 12/13 from 11/12 from 06/07
st
-0.0074
-0.2231
With the Proposed millage rates for FY 2012/13, the Miami Beach portion of the FY 2012/13 tax bill
is approximately 31 percent of the total bill. Of note, even with the recently proposed millage
decreases by the Countv. the County millage is 1.2 mms less than their millage in FY 2006107. as
compared to the City's proposed millage which is 1.3 mills Jess than the Citv millage in FY 2006/07.
Further, the School Board millage is only minimally below the FY 2006/07 millage rate, despite the
recently proposed decrease. The significant difference in the total overlapping millage rate is a
direct result of the City's effort to keep the millage rates as low as possible
119
FY 2012/13 Final Millage Adoption
September 27, 2012
Page 9
Impact of Combined Tax Rates of Overlapping Jurisdictions on Homesteaded Properties
Applying the proposed millage rates to the median and average January 1, 2011 taxable values of
$119,461 and $277,201, respectively, half of the homesteaded properties would pay less than
$2,522 for all taxing jurisdictions combined, while the average taxes generated would be
approximately $5,850 per homesteaded property. Of these taxing jurisdictions, the highest
component is the Miami-Dade School Board, at $984 for a median value property, and $2,284 for
an average valued property.
The following table provides examples of changes in property taxes for homesteaded properties as
a result of these declines in values, using the proposed tax rates and potential changes from 2011
values.
Impact on Homesteaded Properties Assuming Changes in Taxable Value
2010 Taxable Value
City of Miami Beach
Operating
Voted Debt
Total Miami Beach
Miami Dade County
Schools
Other
Change in Taxes
City of Miami Beach
Operating
Voted Debt
Total
Total Miami Beach
Miami Dade County
Schools
Other
Total
FY 2011/12 (as of January 1 FV 2012/13
2011 )* with 3% CPI
Median
743 $
34 $
777 $
735 $
985 $
138 $
2,635 $
1,723
80
6
749 $
32
781 $
635 $
984 $
119 $
,519 $
1,739
73
1,812
1,473
2,284
275
5,844
As with the City of Miami Beach millage rates, impacts of the combined jurisdictional millage rates
for non-homesteaded properties will likely reflect declines in property values, although individual
properties may vary.
CONCLUSION
The Administration recommends adoption of the attached Resolution which sets both final
operating and debt service millage rates for FY 2012/13.
KGB:TF
120
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING: 1) THE FINAL AD VALOREM
MILLAGE OF 6.0909 MILLS FOR GENERAL OPERATING PURPOSES,
WHICH IS EIGHT AND FOUR-TENTHS PERCENT (8.4%) MORE THAN THE
"ROLLED-BACK" RATE OF 5.6184 MILLS; AND 2) THE DEBT SERVICE
MILLAGE RATE OF 0.2568 MILLS FOR FISCAL YEAR (FY) 2012/13
WHEREAS, on July 18, 2012, the City Commission following a duly noticed public
hearing, adopted Resolution No. 2012-27960, which set the proposed general operating millage
rates at 6.1122 mills (excluding debt service) reduced from the prior year millage for general
operating purposes, and 0.2568 mills for debt service, a reduction from the prior year; and
WHEREAS, on September 12, 2012 the Mayor and City Commission tentatively adopted
the operating millage rate of 6.0909 mills for general operating purposes, and 0.2568 mills for
debt service; and
WHEREAS, Section 200.065, Florida Statutes, requires that at the conclusion of the
second public hearing on the City's proposed tax rate and budget, the City Commission: 1) adopt
the ad valorem millage rate for FY 2012/13 operating purposes; and 2) the required Debt Service
millage rate; and this is accomplished by publicly announcing the name of the taxing authority, the
"Rolled-back" rate, the percentage increase of the "Rolled-back" rate and the millage rates before
adoption of the millage levy resolution; and
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that pursuant to Section 200.065,
Florida Statutes, there is hereby levied a tax for the Fiscal Year (FY) 2012/13, on all taxable and
non-exempt real and personal property located within the corporate limits of the City of Miami
Beach, Florida, as follows:
(a) For the purpose of operating the government of the City, the rate assigned
amounts to 6.0909 mills. Also included are appropriate reserves and
contingencies, which are not limited to reserves for tax discounts and
abatements of uncollected taxes.
The millage rate reflected is eight and four-tenths percent (8.4%) more than
the "Rolled-back" rate of 5.6184 mills.
(b) For the purpose of providing payment on the principal and interest
portions of the General Obligation Bond Debt outstanding, the rate
assigned amounts to 0.2568 mills.
121
PASSED and ADOPTED this 27th day of September, 2012.
MAYOR
ATTEST:
CITY CLERK
122
""'' t THt!R.~9-~Y· S~PT§_~_~E~
lA
CITY OF MIAMI BEACH
NOTICE OF A SPECIAl
·CITY COMMISSION MEETING AND PUBLIC HEARINGS
NOTICE IS HEREBY given that a Special Commission Meeting regarding the Second Public Hearings to consider the adoption of the Millage
Rate and Budget for FY 2012/2013 will be held by the Cify Commission of the City of Miami Beach, Flolida, on Thursday, September 27,
2012, commencing at 5:00 p.m., in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida.
~ .
5:01p.m.
THE SECOND PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE MILLAGE RATES AND BUDGETS FOR FISCAL YEAR (FY)
2012/2013 FOR THE err( OF MIAMI BEACH. ,
5:02p.m.
THE SECOND PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR
(FY) 2012/2013 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT.
In addition, the City Commission may be discussing other City related bu,siness at this meeting.
Inquiries concerning this meeting should be directed to the Office of Budget and Performance Improvement at 305.673.7510.
INTERESTED PARTIES are invited to appear at this mee!lng, or be represented by an agent, or to express their views in writing addressed
to-the City Comm!sslon, o/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall; Miami Beach, Florida 33139. Copies of these
items are avsHab!e for pubUc inspection ;::Hiring normal buslness hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor,
City Hall, Miami Beach, Florida 33139.
Rafael E. Granado, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the
City Commission with respect to ~ny ·matter considered at its meeting or its hearing, such person must ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise ailow~d by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any
accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at
305.673.7 41 1 (voice) or TTY users may also call the Florida Relay Service at 711.
Ad#726' -.
123
K
124
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City Of Miami Beach, Florida, adopting final budgets fo
General, G.O. Debt Service, RDA Ad Valorem Taxes, Ente lise, and Internal Service Funds for Fiscal Year 2012/13
¥ • ... ... ..... -.
Minimize taxes; Control Costs of payroll including salary and fringes; Ensure expenditure trends are sustainable over
the long term; Improve the City's overall financial health and maintain overall bond rating; Increase community
satisfaction with city services
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 results continue to show 89% of residents
reported their overall quality of life within the City as either 'excellent" or "good". Businesses continue to rate the City of
Miami Beach as 'one of the best' or an 'above average place' to run a business. The survey also identified areas
where the City could improve. Foremost among these were storm drainage, traffic, homelessness, parking, and
management of special events, are areas that received comparatively low ratings in the residential survey. Business
owners rated storm drainage, public transportation, parking, experience with the building department, and traffic low
comparatively low.
e Mayor and City Commission adopt the attached resolution establishing the final budgets above?
Item Summary/Recommendation:
Based on direction provided by the Finance and Citywide Projects Committee meetings in July and August 2012 and
subsequent refinements at the first budget hearing, the approximately $2.9 million shortfall between Current Service
Level revenues and expenditures has been fully addressed through employee givebacks of $3 million, although this
only partially offsets the additional employee health and pension cost of $7.3 million in the General Fund.
In addition, the total cost of additions and service enhancements in the General Fund ($3.7 million and $0.1 million in
charge backs from Internal Service Funds), as well as the decrease in the Building Development process fees and
the additional decrease in the tentative millage (0. 7 mills) tentatively adopted at the first budget hearing, has been
more than offset by almost $1 million in efficiencies, an increase in the resort tax transfer to the General Fund by $4
million for tourism eligible expenditures, and small revenue enhancements. The resulting surplus of $0.8 million is
recommended to be set aside for FY 2012/13 to partially offset the loss ofthe one-time pension credit ($2.2 million in
the General Fund). The resulting total Proposed General Fund Operating Budget for FY 2012/13 is$ $256,280,000,
which is $11.9 million or 4.9 percent more than the FY 2012/12 Adopted Budget of $244,336,7 40.
Historically, the General Fund budget has increased between 6 percent and 8 percent annually, primarily due to
increases in salary and benefit costs. The $11.9 million increase for FY2012/13 is primarily personnel cost increases
(although offset by employee givebacks), increased internal services charges backs including Police liability claims
and increases in debt service for replacement of vehicles and equipment, as well as proposed service
enhancements.
Advisory Board Recommendation:
Financial Information:
Source of
Funds: 1
Account
General Fund Operating
G.O. Debt Service
RDA Funds-Ad Valorem Taxes
OBPI ternal Service Funds
----~~------------------------------~ Financial Impact Summary: This budget represents more than $70 million in predominantly recurring reductions
over the last 6 years, and the General Fund Operating budget is $18.6 million (8 percent) more than in FY2006/07, in
spite of 15 percent growth in the Consumer Price Index (CPI} in a similar period, and a over 126 percent growth in
ension costs, and man new facilities and ro·ects comin on line.
City Clerk's Office Legislative Tracking:
-Offs:
Department Director Assistant City ager
MIAMI BEACH
125
AGENDA ITEM R 7 A 2.
DATE 9-27 -/).
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 Co n
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING FINAL BUDGETS
FOR THE GENERAL, G.O. DEBT SERVICE, RDA AD VALOREM
TAXES, ENTERPRISE, AND INTERNAL SERVICE FUNDS FOR
FISCAL YEAR 2012/13
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached Resolution
which establishes final budgets for the General, G.O. Debt Service, RDA Ad Valorem
Taxes, Enterprise, and Internal Service Funds for Fiscal Year (FY) 2012/13.
PROCEDURE
As outlined in the companion General Operating Millage Agenda Item, Section 200.065,
Florida Statutes specifies the manner in which budgets are adopted. First, the final millage
rate for both the general operating and debt service is adopted, then immediately thereafter,
final budgets by fund are adopted. The attached Resolution adopting final budgets for the
General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, and Internal Service
Funds for FY 2012/13 is therefore presented to you at this time for adoption.
CHANGES TO PROPOSED BUDGET AT FIRST BUDGET HEARING
• The Operating budget millage was decreased from 6.1122 to 6.0909, resulting in a
$400,000 reduction in property tax revenue and reduced revenues to the General
fund of $400,000
• Employee givebacks of $3 million in the General Fund were tentatively approved to
partially offset $7.3 million of pension and health cost increases in the General Fund
• The millage reduction from 6.1122 to 6.0909 resulted in a reduction in the transfer to
the Redevelopment Agency from $17,385,000 to $17,318,000
• Based on changes in Building Development Process fees adopted on first reading
on September 12, 2012, FY 2012/13 General Fund revenues were reduced by
$295,000
126
Adopting Final Budgets
September 27, 2012
Page 2
BACKGROUND
Over the last several years, the City of Miami Beach has adopted budgets that provided tax
and fee relief, while at the same time providing improved services that address needs and
priorities identified by the community (primarily in public safety, cleanliness, landscaping and
beautification, recreation and cultural arts programming, renewal and replacement funding
for our facilities, and building/development functions); and providing structural changes that
enhanced capital funding and reserves. Exhibits A through E attached to my FY 2012/13
Proposed Workplan and Budget message (Attachment 1) provide details of the
efficiencies/reorganizations, service reductions, revenue enhancements, and service
enhancements considered as part of the development of the proposed FY 2012/13 Work
Plan and Budget. As a result of these initiatives, the proposed budget continues our focus
on providing "value of services for tax dollars paid" by continuing to provide services to the
community free of charge or at significantly reduced fees, including free performance arts
and movies in the parks, free access to pools and youth centers, reduced fee recreation
programming, enhanced maintenance of our newly renovated facilities, etc.-the services
that our residents and businesses told us yet again are important to them during the 2012
Community Satisfaction Survey.
Between FY 2007/08 and FY 2011/12, the General Fund absorbed more than $41 million in
reductions (almost 17 percent of the $244 million FY 2011/12 General Fund budget) and
reductions of approximately $49 million and 269 positions across all funds. Combined with
more than $20 million in employee "givebacks" between FY 2009/10 and FY 2011/12, this
represents almost $69 million In combined ~<givebacks" and reductions over 6 vears. The FY
2012113 budget adds $1 million in efficiency reductions and anticipates $3 million In
additional employee givebacks in the General Fund.
FY 2012/13 Budget Development Process
As in past years, the Proposed Work Plan and Budget was developed through an intensive
review process with our City Commission. Preliminary budget information was provided to
the Commission at a Committee of the Whole meeting on July 6, 2012, where budget
strategies and priorities were established. Additional budget briefings were held with the
Finance and Citywide Projects Committee (FCWPC) on July 9, July 10, July 25, and August
22, 2012, including a discussion of capital project priorities, projected General Fund
revenues and expenditures, proposed efficiencies, impacts of service level alternatives,
potential revenue enhancements, and potential service enhancements.
At the time of adoption of the preliminary millage in July, it was estimated that the City's
General Fund had a gap of $4.4 million, an improved position from the estimated gap of $5.4
million at the same time in the development of the FY 2011/12 budget. Between setting the
preliminary millage in July and finalizing the Proposed Work Plan and Budget, as we
committed to do, we refined our projections. Our revenues, in particular, tend to have
greater fluctuations than expenditures, and we were conservative early in the process and
refined these projections over the summer. Changes since July include increased revenue
estimates (primarily building development process fees, and rents and leases, offset by
decreased interest earnings). As a result, the projected Current Service Level (CSL) gap
was reduced to $3.3 million as discussed at the August 22 , 2012 meeting.
127
Adopting Final Budgets
September 27, 2012
Page 3
At the August 22, 2012 FCWPC meeting, an approach to balance the General Fund budget
was discussed. This approach included $3 million in employee givebacks; $932,000 in
efficiencies; bringing in an additional $4 million in Resort Tax revenues to the General Fund
to offset tourism-eligible expenditures, and modest increases in revenues. These were
offset by $.2 million in additions for living wage, operating costs associated with bringing
capital projects on line; and $3.5 million for various service enhancements-the majority of
which was related to Police service enhancements ($0.9 million) and Building Service
enhancements ($0. 7 million due to increased demand and offset by increased revenue); and
a transfer of $1.4 million to fund capital projects.
Based on the final valuation for the Fire and Police pension, the City's annual contribution for
FY 2012/13 was reduced by approximately $400,000 after the August 25, 2012 FCWPC
meeting, as compared to the preliminary estimate initially received; resulting in a reduction of
the pension allocation to Fire and Police. As a result, the Commission directed the
administration at the first public hearing to return this savings to the taxpayers with a millage
reduction rather than reduce the employee givebacks. This results in a millage reduction of
0.0213 mills from the proposed millage rate, from 6.1122 to 6.0909.
Approaches To Balance The General Fund Budget
Based on direction provided at the FCWPC meetings in July and August 2012, and
subsequent refinements at the first budget hearing, the approximately $2.9 million shortfall
between Current Service Level revenues and expenditures has been fully addressed
through employee givebacks of $3 million, although this only partially offsets the additional
employee health and pension cost of $7.3 million in the General Fund.
In addition, the total cost of additions and service enhancements in the General Fund ($3.7
million and $0.1 million in charge backs from Internal Service Funds), as well as the
decrease in the Building Development Process fees and the additional decrease in the
tentative millage ($0.7 million combined) adopted at the first budget hearing, has been more
than offset by almost $1 million in efficiencies, an increase in the resort tax transfer to the
General Fund by $4 million for tourism eligible expenditures, and small revenue
enhancements. The resulting surplus of $0.8 million is recommended to be set aside for FY
2013/14 to partially offset the loss of the one-time pension credit ($2.2 million in the General
Fund). The resulting total Proposed General Fund Operating Budget for FY 2012/13 is $
$256,280,000, which is $11.9 million or 4.9 percent more than the FY 2011/12 Adopted
Budget of $244,336,7 40.
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Adopting Final Budgets
September 27, 2012
Page 4
Preliminary Current Service Level (CSL )Budget
... Expenditures
Net CSL Gap
! $252,712,000
$255,573,000
" L\\\~%R\:;:U~~~::~~,,~
($7.2 million in pension increases across all funds and $5.7 million in the General Fund.
$1.9 million health increase Citywide and $1.6 million in the General Fund, including
the $0.86 million impact of the expiration of the five percent of salaries giveback
towards hea.lth for Police and Fire)
Living Wage FY 2012/13 Increase
Landscape Maintenance Impact of New Capital Projects
Minimal Impact Reductions/Efficiencies
Service Reductions
Other Additions and Enhancements
Additional Building Positions in Response to Increased Demand
Enhancements for Police Services
Enhancements for Internal Affairs
Enhancements for Outside Audits
Other Service Enhancements
Transfer to Pay As You Go
General Fund Impacts of Change to Health Insurance Start Date for New Employees
General Fund Impact of Internal Service Fund Enhancements
Resort Tax -transfer to GF
Additional CIP Chargeback Revenues
Revenue Enhancements
Reduction of Millage by .0213 (to reduce surplus)
Reduction of Building Development Permit Fees
(3,000,000)
62,000
81,000
(932,000
702,000
947,000
50,000
150,000
306,000
1,400,000
(24,000)
134,000
4,000,000
Historically, the General Fund budget has increased between 6 percent and 8 percent
annually, primarily due to increases in salary and benefit costs. The $11.9 million increase
for FY2012/13 is primarily personnel cost increases (although offset by employee
givebacks), increased internal services charges backs including Police liability claims and
increases in debt service for replacement of vehicles and equipment, as well as proposed
service enhancements.
The FY 2012/13 proposed General Fund Budget is about $20 million (8 percent) more than
the FY 2006/07 budget, despite pension contribution increases of $29 million during the
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Adopting Final Budgets
September 27, 2012
Page 5
same period. Inflation from October, 2006 through June, 2012, a similar period, was
approximately 15 percent. This reflects a decrease across all other expenditures during that
time, and even offsetting increases in health and salaries, a growing concern to us, as there
is and should be a limit to the proportion of budget allocated to these costs. At this point,
annual contributions to the City's two pension plans alone represent more than $52 million
(20 percent) of the total General Fund budget. As a result, pension reform continues to be a
high priority for the City, with recommendations from the Budget Advisory Committee
presented to the Commission on August 29, 2012. This timing allows negotiated pension
reform to be incorporated into the current set of contract negotiations with the City's five
unions.
Of note, the Current Service Level expenditures reflect no additional transfers to the 11
percent Emergency Reserve or towards the City's additional 6 percent contingency goal.
Reserve levels are sufficient to fund the 11 percent reserve for the Proposed FY 2012/13
Operating Budget. The City's 11 percent reserve is projected to be fully funded in FY
2011/12 from reserve levels as of September 30, 2011, at $26.7 million, in addition to
funding $11.9 million or 4.9 percent towards the additional6 percent contingency goal, for a
total fund balance reserve of almost $38.6 million, if there are no additional changes in fund
balance, and no additional transfers made.
In addition to reductions and employee givebacks, today's General Fund Operating Budget
also reflects greater diversification of revenues since FY 2006/07. The Proposed Work Plan
and Budget includes resort taxes and a transfer of Parking Operations Fund year-end
surplus as well as, Parking Operations Fund reimbursements and right-of-way fees paid to
the General Fund that total almost $37 million; approximately 15 percent of the Proposed
General Fund FY 2012/13 Budget. a large part of these alternative sources are attributed to,
property tax revenues represent less than half (45 percent) of the total funding for the
General Fund budget, as compared to 59 percent in FY 2006/07, a significant reduction
over the past several years.
Together, salaries and fringe benefits represent 73 percent of Current Service Level (CSL)
costs, with salaries and pension representing approximately 67 percent of the total current
service level (CSL) budget of $255.5 million, (including the impacts of merit/steps increases,
pension contributions, etc.)
OTHER OPPORTUNITIES TO REDUCE THE FY 2012/13 GENERAL FUND BUDGET
There has been discussion of additional reductions in the millage rate. It is important to
note that the recommendations regarding the City's operating millage was made after a
careful review of expenditures.
The $0.8 million is the net surplus available after the recommended employee givebacks,
efficiencies, additions and enhancements, and revenue increased incorporated into the FY
2012/13 General Fund proposed operating budget. The equivalent millage for $0.8 million is
0.0443 which could be reduced for FY 2012/13. However given the loss of the one time
pension credit carried forward from FY 2011/12 to FY 2012/13, it is recommended that the
surplus be set aside to help offset this loss in FY 2013/14.
In addition, the millage could be significantly further reduced in lieu of providing $2.85 million
in General Fund enhancements (excluding Building enhancements which are offset by
130
Adopting Final Budgets
September 27, 2012
Page6
increased revenue). This is equivalent to a reduction of 0.1520 mills. However, I believe it
will provide greater value to our community to provide a return for the increased values by
increasing our service levels. These enhancements include:
• Enhancements to Police services, including 6 police officers for additional Patrol
along Washington Avenue, 4 police officers for a crime suppression team, 2 officers
for along the beaches in North Beach, additional overtime for homeless outreach
and additional staffing for our records unit and detention center
• Enhanced internal controls in Police Internal Affairs and through a regular outside
audit of high risk areas
• Additional staff to help manage leases and rental contracts and monitor special
events and concessions; as well as providing for grants software and equipment
needs at the Colony Theatre
• $1.4 million provides a transfer for funding Pay-as-You Go funding for capital
projects
ANALYSIS OF VACANT POSITIONS
At the request of the FCWPC on August 22, 2012, Attachment 2 provides a listing of vacant
positions distributed via a Letter to the Commission on July 31, 2012. At that time, there
were a total of 44 vacant positions in the General Fund, with an annual value of $2.8 million.
However, several of these vacant positions were already identified for elimination as part of
our $1 million in efficiencies reductions. Further some critical positions have been hired in
the interim, including the Urban Forrester, Police positions, and School Crossing Guards.
This leaves a balance of 30 positions on the list with a value of $1.9 million. I consider the
remaining positions to be critical to our ongoing operations and would not recommend them
for elimination.
USE OF ONE-TIME REVENUES
The City's policy regarding use of one-time revenues states that "The City of Miami Beach
will use onetime, non-recurring revenue for capital expenditures or one time expenditures
and not subsidize recurring personnel, operations, and maintenance cost".
Similar to the FY 2010/11 and FY 2011/12 budgets, FY 2012/13 General Fund revenues
reflect the use of $3.4 million in prior year surplus (revenues in excess of expenditures)
specifically set aside for this purpose Building Department reserves of $1.5 million are also
included. As noted above, the carry-forward of the savings from the $2.2 million allocation of
the one-time pension credit to the General Fund is also reflected as a one-time revenue for
FY 2012/13. In total, the General Fund Operating Budget reflects a total of $7.1 million in
one-time revenues, offset by $1.4 million proposed transfer to capital.
PROPOSED FY 2012/13 ENTERPRISE FUND BUDGETS
Enterprise Funds are comprised of Sanitation, Water, Sewer, Stormwater, Parking, and
Convention Center Departments. The Proposed FY 2012/13 Enterprise Funds Budget is
$161.1 million. This represents an increase of $4.4 million (2.8 percent)from the FY 2011/12
budget of $156.7 million, primarily due to:
• Increases in salary, pension and health cost similar to those described in the General
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Adopting Final Budgets
September 27, 2012
Page 7
Fund, although in the Sanitation Department Proposed Budget incorporated reduced
personnel costs and increased use of temporary employees based on historical
information ($2.1 million)
• Increases in sewer treatment and DERM fees charged by Miami-Dade County ($4.6
million)-with associated increases sewer revenues collected by the City
• Increases in funding for future renewal and replacement projects and equipment, which
is determined by prior year depreciation amounts ($2.2 million)
These increases are offset by decreases in debt service payments by the Stormwater Fund
($2 million), as the debt service for bonds sold in FY 2012/13 along with the associated
refinancing of existing bonds resulted in lower than budgeted debt service costs; reduced
operating costs in the Convention Center offset by reduced revenues due to an accounting
treatment change of electrical revenues ($1.2 million); reduced funding needed to be
transferred for the Stormwater Rate Stabilization Fund ($1 million); and other miscellaneous
reductions ($0.3 million).
PROPOSED FY 2012/131NTERNAL SERVICE FUND BUDGETS
Internal Service Funds are comprised of the Central Services, Fleet Management,
Information Technology, Risk Management and Property Management Divisions. The
Proposed FY 2012/13 Internal Service Fund budget is $59.3 million. This represents an
increase of $5.0 million (9.3 percent) from the FY 2011/12 budget of $54.3 million, primarily
due to increases in salary, pension and health cost similar to those described in the General
Fund, as well as, increases in Police liability claims ($0.75 million) and debt service for
replacement of vehicles and equipment ($1.1 million). These costs are completely allocated
to the General Fund and Enterprise Fund departments, and the Risk Management Fund
reimburses the General Fund for the cost of legal services.
CONCLUSION
In summary, the proposed FY 2012/13 General Fund operating budget maintains current
service priorities for the community, despite property tax rates set at 1.3 mills (17 percent)
lower than FY 2006/07 when property values were similar to the 2011 certified values.
The Administration recommends adoption of the attached Resolution which establishes final
budgets for General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, and Internal
Service Funds for FY 2012/13.
KGB/TF
132
Attachment A
IBE
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Kathie G. Brooks, Interim City Manager
Tel: 305-673-701 0, Fax: 305-673-7782
September 12, 2012
Honorable Mayor Matti Herrera Bower and Members of the City Commission:
I am pleased to transmit the Proposed Work Plan and Operating Budget for Fiscal Year (FY)
2012/13, commencing on October 1, 2012 and ending on September 30, 2013 (Proposed Work
Plan and Budget), including the Proposed Work Plan, the Proposed Operating Budget, the
Proposed Capital Budget, and the associated Capital Improvement Program for FY 2013/14
through FY 2016/17. The total Proposed General Fund Operating Budget is $256,975,000,
which is $12.6 million or 5 percent more than the FY 2011/12 adopted budget of
$244,336,7 40.
Further, General Fund reserve levels as of September 30, 2011 for the 11 percent emergency
reserve and the 6 percent contingency goal were a total of $40.5 million. The General Fund 11
percent requirement for FY 2012/13 based on the proposed operating budget net of capital
transfers and reserves for FY 2013/14 is $27.7 million, resulting in $12.8 million (a 5.1 percent
additional contingency), if there are no additional changes in fund balance, and no additional
transfers made.
Budget Highlights
• The FY 2012/13 budget adds $1 million in reductions and $2.6 million in
employee givebacks to almost $69 million in reductions in predominantly
recurring expenditures over the last 5 years
• General operating millage rate is reduced by .0533 mills (and more than 0.1
mills since FY 2010/11}, which together with the 0.316 mills decline in debt
service results in a total decline of 0.849 mills
• The proposed millage is J .3 mills below FY 2006/07 when property values
were at a similar level
• The General Fund Operating budget is 8 percent more than in FY 2006/07,
in spite of J 5 percent growth in the Consumer Price Index (CPI} in a similar
period, 126 percent growth in pension costs, and many new facilities and
pro;ects coming on line
• General Fund enhancements of $3.5 million provide improved services to the
community providing a return to the community for the increase in property
tax levy
133
fY 2/13 Proposed Work Plan Budget Message
September 12, 2012
Page 2
The City's Proposed Operating Budget in total FY 12/13 is $441,37 6,000 including the
General Fund, General Obligation Debt Service, Enterprise Funds end T rcnsfers to the
Redevelopment District. This reflects an of $17.3 million, or 4.1 percent over the prior
year total Adopted Operating Budget of . In addition, the budget for Internal
Funds, which are wholly supported by transfers from the General Fund, Enterprise Funds
and the Redevelopment District, is $59,328,000, an of $5 million, or 9.3 percent, over
year total adopted operating budget of $54,280A45.
City of Miami Beach has experienced significant change in the years, due to
changes in property tax legislation, values that first increased and then declined, and
increasing pension plan contributions to the down tum in the investment market. Today,
property values in FY 2012/13 are similar to 2006/07, 1 billion versus billion.
their peak in FY 2007/08, property values have declined almost $3.8 billion
(approximately 14 percent) through FY 2012/13, almost billion in new construction
added to the roll. Without the new construction, the decline in values would be even at 29
percent. Outside the City Center RDA, which impacts General Fund Property revenues, the
decline in values is even more significant at 20 percent, even after new construction.
In FY 2010/11 the city's approach to addressing the then deficit of $32 million included a
distribution of ihe shortfall taxpayers and employees. Taxpayers had their tax rate
increased from 5.6555 to 6.21 an 0.56 mills. The goal of ihe Commission has been
to bring them back to that level as property It should remembered that
between FY 2009/10 and FY 2010/11 billion which, together with
pension cost increases 1 drove the need an in the 12/1 3 values are still
short of 2009/10 values by $1.6 billion. As values FY 2009/10 values 1 through
further in the future, this will provlde the opportunity to bring the millage to 5.6555.
In 11/12 the took its first step in that direction with a reduction in the millage rate of
0.05 mills. The proposed millage rate for 2012/13 the operating millage by an
mills a total of 0.0849 mills including the reduction in debt
"""'"'"~"'"' millage. operating millage reduction between 2010/11 and the proposed
12/13 millage is 0.1 033. Over two years, this reduction represents 1 of the goal to back
to a millage rate of 5.6555.
Proposed Budget recommends a total combined millage rate for the City of Miami Beach
which is comprised of a general operating millage rare of Ia decrease of
mills), a Fund Capital Renewal and Replacement millage of 0.1083, and a voted debt
millage rote of 0.2568 (a decrease of 0.0316 mills).
As shown in the table below, ln prior years the City of Miami Beach significantly reduced tax rates
as property values increased. Between FY 1999/00 and FY 2009/101 total combined City of
Beach millage rates declined approximately 8 mills. In 2007/08 the millage
134
FY 2012/13 Work cmd Budget
September 12, 2012
Page 3
by approximately 1 mills,
n.rnn"".-'" of over $400.
Property Value, Millage levy
Final/
Taxable Revised
Property Taxable Total General Total
Values Value Fund/ROA
General Fund
Total
{Including s.
Pointe, and
Renewal&
of 0.56 mills i.n operating tax rcde in FY 201 0/11, City of Miami
millage rates today remain more than mills lower than in FY
1999/00 (25 percent), and approximately 1.3 mills lower than 2006/07 when property
to values. As o result, the proposed property tax is approximately $27 million
lower in FY 2012/13 than it was in FY 2006/07.
98 11119 '00 '01 '02 '03 '04 '05 '06 '07 'OS '00 '10 11 12 13
Fiscal Years
135
FY 2012/13 Proposed Work Plan
September 1 2012
Page 4
i250
~00
!150
>< ~100
i ] 50
~ 0
Message
'07 '08 '09 '10 '11 '12 '13
-Property -~~~-Tax including Debt
Today's General reflects diversification revenues since FY
2006/07. The Budget includes resort taxes and a transfer Parking
Operations Fund year-end surplus as as Parking Fund reimbursements and right-of-
way paid to the General that almost $37 million; approximately 15 percent af the
General Fund 2/13 Budget In large
Between FY 2007/08 and FY 2011/12, the Fund absorbed more them $41 million in
reductions [almost 17 percent the $244 million FY 2011/12 General Fund budget)
reductions of approximately $49 million positions Combined with more
than $20 million in employee "glve-bocks 11 FY 2009/10 and FY 2011/12, this represents
almost $69 million in combined 11Qivebacks" and reductions over 5 years.
Internal Service Funds
136
2012/13 Proposed Work Plan and Budget Message
12,2012
The FY 2Df 2/J 3 budget adds .$ f million in eHklency reductions and anticipates
$2 .. 6 million in employee give&a,ks.
Of nate, the FY 2012/13 proposed Fund Budget is $20 million (8 percent! more
than FY 2006/07 budget, despite pension contribution of $29 million during the
same period. Inflation from 2006 through June, 2012, a similar was
approximately 15 This refle~ts a across all expenditures during that time,
and even offsetting increases in health and a growing concern to us, as there is and
should be a limit to the proportion budget allocated to these costs. At this point, annual
contributions to the City's two alone more than million (20 percent) of
the total General Fund budget. As a result, pension reform continues to a high priority for the
City, with recommendations from Budget Advisory Committee presented to Commission on
August 29, 2012. This timing allows pension reform to be incorporated the current set of
contract negotiations.
in past years, the Proposed Work Plan and Budget was developed through an intensive review
process with our City Commission. Preliminary budget information was provided to the
Commission at a Commission of the Whole meeting on July 2012 and budget strategies and
priorities were established. Additional budget briefings were held with finance and Citywide
Projects Committee on July July 10, July 25, and August including a discussion of capital
project priorities, projected General Fund revenues ond expenditures, proposed efficiendes,
impacts of service level alternatives, potential revenue enhancements, and potential service
enhancements.
At the time of adoption of the in July, it was that the Ciiy had a gap of
$4.4 million, an improved position from the estimated gap of .4 million at the same time in the
development of the FY 11/12 budget. Between setting preliminary millage in July and
finalizing the Proposed Work Plan Budget, as we committed to do, we refined our projections.
Our revenues, in particular, tend to hove greater fluctuations than expenditures, and we were
conservative early in the process and refine these projections over the summer. Changes since July
increased revenue estimates (primarily building development process rents and
offset by decreased interest earnings). As a result, the projected Current Service Level {CSLl
gap was reduced to $3.3 mitlion as discussed at the August 22 , 2012 meeting.
At the August 22 FCWPC meeting, an approach to balance the General fund budget was
This approach included $2.6 million in employee givebacks; $932,000 in efficiencies;
$bringing in an additional $4 million in Resort Tax revenues to the to offset tourism-
expenditures, and modest in revenues. These were offset by million in
for living wage, operating costs bringing capital projects on line, and
various service enhancements -the majority of which was related to Police service enhancements
137
FY 2012/13 Proposed Work Pkm and Budget Message
September 12, 2012
Page 6
and Building
projects.
!due to demand); and a transfer $1 .4 million to fund capita!
Since August 2012
Operating budget has continued to
incorporated:
with the finance and Citywide committee, the Proposed
refined. The following ore the significant that have
• Based on the final valuation for the and Police pension, the City's annual contribution
for FY 2012/13 has by approximately $400,000 compared to the
preliminary initially resulting in a reduction of the pension allocation to
Fire Police. o result, the recommended level employee givebacks, which
been driven increases in health and pension costs, is proposed to be similarly reduced
from $3 million to million in the General Fund.
• Based on further discussions with the Flncmce Deportment regarding the accounting
treatment of the $2.5 million pension credit in both plans in FY 11/12, the
method of application of the credit to help pension has been changed.
Rather than applying the against expenditures in FY 2012/1 been
presented to the Committee Whole to the FCWPC, the credit from FY20l1/12
will be carried as revenues from FY 2011 2 to FY 2012/13, the full
pension contribution will be in expenditures for FY 2012/13. net impact on
available funds, however, remains the same.
• Two positions which had recommended for from classified positions (data
entry clerk and administrative aide) to unclassified positions been removed from the
proposed list of reductions as it was determined that the significant portion of the savings
was to the turnover each of the
• General Fund operating costs offset by in the capital and
debt category, to reflect the anticipated from the initiatives implemented by
Amaresco, in which energy operating cost savings are anticipated to offset by
increased debt service issued to fund the cost of the initiatives.
Historically, the General Fund budget has between 6% and annually, primarily due
to increases in salary and benefit costs. In FY 2012/13, the $12.6 milllon (5.2%) increase in
expenditures includes a $1.1 million reserve recommended to set aside for FY 2013/1 to help
offset the loss of the carry forward of the FY 2012/13 credit of million. Net
of this reserve, the increase is $11 million !4.~/o), and is similarly driven by in salary
and benefit costs (primarily pension and health).
noted above, a primary driver of FY 2011/12 operating budget
and the fY 2012/13 proposed operating budget ore personnel costs increases, primarily increases
138
12/13 Proposed Work Plan and
September 121 2012
Page 7
Message
in health and pension costs. In the General fund the estimated combined increase is
approximately million is direct allocations to the Fund as well as on additional
Internal Service Fund charges which ore due to pension and health in those funds.
increase is $9.1 million. The proposed employee $2.6 million are intended
to partially the employee health and pension cost in the General Fund. While not
specifically the intent is to negotiate similar levels of givebacks in all funds for a total of
$3.5 million in citywide.
It should be noted
bargaining
Proposed Operating Budget assumes status quo for all
nnr·A""rnArlto: are negotiated. As a result, the Proposed Operating
Budget assumes no
The impact of this is approximately
employee givebacks above.
Communications Workers of America bargaining unit.
million in the Fund which is in addition to the
with the preparation of budgets for the last five years; departments are continuing to analyze
and present their budget from two perspectives: 1) reviewing for potential efficiencies,
reorganizations to -etc., without impacting services; and 2) performing a modified zero-
based analysis of department identifying potential service reduction alternatives
versus core functions. For each of the potential service reductions, departments provided the type of
impact and the magnitude of the impact. functions were defined as those functions which, if
cut, it impossible for the department to provide service at a reasonable level.
In spire of the significant reductions in the Fund over the
proactive Jn locating additional efficiencies in the General Fund. For FY 2012/13 =~...:c..!..
million of efficiencies are built into the proposed General Fund budget. However, the focus of the
fY 2012/13 was to provide service enhancements in areas of than identify
areas for reducing levels.
Proposed revenue enhancements for FY 2012/13, projected to generate additional
totaling $263,000, as shown in Altochment including Police Department
Department transport fee increases to mirror the Miami-Dade rates, Parks
will pavilion rental rare fees, and Colony theater fees.
Potential enhancements for FY 2012/13 are proposed at a cost of $3 million in the
General Fund, providing a return on value for the property tax levy. ore also
$200 100 in additions related to living wage increases the operating cost projects
coming on-line, as well as $1 million in in funds.
The $3 million of enhancements in the Fund provides the following:
139
12/13 Proposed Work Plan and Budget Message
1 2012
Page 8
• Just under one million in the Police Department are proposed to
suppression and beach closure activities
• $700,000 of enhancements to add contract staffing to the Building
Department to address increased activity in that area and ensure customer responsiveness
• $200,000 for internal controls
• $200,000 for additional to manage leases and rental contract and monitor
events and as well as providing for grants software and equipment
needs at the Colony
• $1.4 million provides a transfer for funding Pay-as-You funding for capital projects
Based on an outside consultant study conducted in 2010 using FY 2007/08 acrual costs, it is
estimated that there are approximately $50.5 million in resort tax expenditures in the
General Fund.
include associated with officers serving entertainment areas; a portion of fire
rescue services Fire Stations 1 &2; ocean rescue enhanced compliance provided
to respond to evening entertainment area violations and staffing events; other code
compliance activities in tourism and visitor related facilities/areas; Tourism and Culture Department
and the Cultural Arts Council; museums and theaters (Garden Bass Museum 1 and Colony
Theater); golf courses (net of revenues); Memorial Day oiher event homeless
services; July , Visitor funding; holiday lights; Museum; Miami Design l"r.,,~,rvrn'lnn
league (MDPl); Orange Bowl; monuments; etc. However, $8.8 million of these costs were
~ru ... ,nr<=•n as addressed by funding for the South Pointe area pursuant to the
County Convention Development Tax inter!ocal agreement, thereby in
approximately $41.7 million in eligible Resort Tax expenses in the General Fund.
on 2011 I 12 resort tax collections to it is estimated that will an additional
million available in resort tax collections to additional funding for these General Fund
activities in 12/1 The total Resort transfer to the General Fund for FY
201 2/13 is approximately $31 million.
140
2012/13 Proposed Work Plan and Budget Message
September 12, 20 12
9
The City's policy _regarding use of one-time revenues states that !rfhe City of Miami Beach will use
onetime, non-recurring revenue capital expenditures or one time expenditures and not
recurring personnel, operations, maintenance
Similar to the FY 0/11 FY 2011 /12 budgets, FY 2012/13 General Fund revenues reflect
the use of $3.4 million in surplus (revenues in excess of expenditures) specifically set
for this purpose Building Department reserves of $1 million are also included. As noted
above, the carry-forward the savings from the $2 million allocation of the pension
credit to the General Fund is also reflected as a one-time revenue for FY 2012/1 In total, the
General Fund Operating Budget a total of $7.1 million in one-time revenues, offset by $1.4
million proposed to
In addition, the million in prior operating surplus, as was initiated in FY
2010/11, budget is also included.
While this is generally not a financial practice, it is being at this time
so as to allow for a gradual decline in the use of one-time revenues for recurring expenditures over
the next few in prior budgets, the intent will be to expend these dollars last during
the fiscal year, so that if any savings are achieved throughout the year, the amount of funds needed
from this source will be reduced, in which event the funds will be ovoiloble to used in
fiscal years.
The 2012/13 budget set aside of a reserve of $1 . 1 mill ion for FY 201 3/14 to help
offset the of the onetime pension credit of million for FY 2012/13 thot not be
available in FY 2013/14.
The $1.1 million is the net surplus available the recommended employee givebacks,
efficiencies, additions and and revenue increased incorporated into the FY
2012/13 General proposed operating uu"'~'"" The equivalent millage for $1.1 million is
0,0585.
Exhibits A through E a summary of the efficiencies/reorganizations, reductions,
revenue enhancements, and service enhancements considered as part of the development of the
proposed FY 2012/i 3 Work Plan ond Budget. As a result of these initiotives 1 the proposed budget
continues our on providing "value of services for tax dollars paid" by continuing to provide
to the community of or at significantly reduced ~s, including free arts
movies in the free access to and youth centers 1 fee recreation programming,
enhancement maintenance of our newly renovated facilities, etc. -the services that our residents
ond told us again are important to them during the 2012 Community Satisfaction
Survey.
141
FY 2012/13 Proposed Work Plan and Budget Message
September 12, 2012
Page 10
In 2012, the City of Miomi Beach conducted its fourth set of comprehensive statistically valid
community satisfaction surveys. The Community to provide resident input on
quality of life, city services, and and to identify improvement
Overall, when compared to the 2009 residential survey, the City remained stable in most of the
areas Residential respondents provided highest positive ratings for the aptpecaralnce
and maintenance of the city's public buildings and public schools, the appearance playgrounds
and recreation programs. A high 89% of residents rated Miami Beach excellent or good as
a place to live the standard of living outlook improved 80% in 2 compared to in
2009. Business results also remained in many of survey items from the 2009 survey.
Businesses continue to rate the City of Miami Beach as 'one the best' or an average
place' to run a business. These results indicate a stable level of satisfaction with Quality of in
Miami Beach and services provided by the City, although there is need for improvement in specific
areas.
Detailed are available on the City's
the 2012/13 Proposed Work Plan and Budget in
and in the Strategic Planning section of
document.
summary our Citywide Work Plan is attached (Exhibit F) for your review along with the
highlights presented on the following pages.
a priority for our and
We will maintain that have been implemented
in recent years. City uses a quantitative index to assess impact of
efforts and shown significant overall improvement. Between FY
2005/06 and FY 1, .5 percent of public areas Citywide were
rated as or dean as compared to 65.2 percent in FY 2005/06.
None-the-less, our continue to view as an important
~"""'"~"'"' area, and in the 2012 survey, it wos as the most important
.,.,. ..... ,,... .. to . As a result, no reductions in are recommended
in existing sanitation services, and additional funding is proposed for
enhanced pressure cleaning on Uncoln Washington Avenue, and
Drive.
The resident surveys in 2005, 2007, 2009, and 2012 confirmed that safety is one of the top
quality of life factors for our residents and increasing the visibility of police in neighborhoods as
142
FY 2012/13 Proposed Work Plan
September 12,2012
11
Budget Message
one of the most important areas for City to to improve public safety, trends
reflect an in Part I crimes and in 2011 the City of Miami Beach experienced an increase
(9 percent} in total violent and non-violent crimes combined, when compared to 201 0. Of
significance, however, while non-violent (which include burglary, larceny and auto theft)
9.6 percent, violent increased percent. Despite the recent
has a 7 percent decline in total violent and non-violent crimes 2001 in spite
the 30 percent increase in daily population special events 2001. However, the Miami
crime rate is slightly below the latest nationwide and non-violent crimes
reported by the fBI for the first six months 12 by 5.2 and 5.7 percent, respectively.
Nationwide, crime declined by percent and crimes declined by 3
The Proposed Work and Budget two A TV officers to the North
area For working the night shift to enforce four Police Officers
in the South and Citywide to form an additional
Police Officers in the South area for a walking along Washington Ave,
one Detention Officer to current staffing levels, an enhancement to
Records Unit, and additional overtime the Neighborhood Resource
Homeless Outreach Program. The Proposed Budget and Work Plan
increases security coverage on Uncoln Road between the hours of 1 am
and 6 am, allowing for 24 hour between the security services and
Police
maintenance and our residential neighborhoods and business continues
a priority, along protecting quality of life enjoyed by all of our community.
In to maintaining initiatives implemented in recent years, the Proposed Work Plan and
budget converts a in Real Housing and Community Development the
Tourism into two full-time positions to provide enhanced monitoring of
concessions Funding is also provide through the Resort fund to provide the
enhanced level for Spring cmd Memorial Day as was implemented in FY
2011
The Proposed Work Plan and Budget maintains $219,000 in funding for reforestation, replacement
of landscaping, pavers, up-lighting, etc. through the Capital Investment Account
The availability of quality recreation programs continues to be one of the highest priorities for our
community. As a the Proposed Work Plan Budget reflects no reductions in our offering of
recreation programs. Successful recreation for teens and seniors also continue to be a
priority, along with weekly in visual or performing arts in after school programs and summer
camps
143
FY 2012/13 Proposed Work Plan and Budget Message
1 2012
The City's business and tourism sectors ore an integral part of our City as reflected in our vision
statement, and has demonstrated significant improvement over the last lwo including
increases in Resort in the last lwo years/ in Parking department revenues,
increases in Building development activity, In to continue to enhance customer service in
Building Department, the Proposed Work Plan Budget adds approximately $700,000 in
positions to the Building department in response to the increased actlvily. However, in order to
remain flexible and responsive to changes in demand levels, these resources are added through
contracted rather than as full time positions. A condominium ombudsman function will also
be though the use of existing resources in the Building Department.
ln addition/ enhancements funded through the Resort Tax Fund to enhance c:.t"r'"'"'·""
development though tourism initiatives that include marketing for Washington Avenue
similar to other marketing initiatives currently funded through Greater Miami
Convention and Visitors Bureau for the funding for a grant to the f!U-Wo!fsonian over lwo
to provide a master plan for the Museum site that will be used to access $1 0 million in
Miami-Dade County Obligation Bond funding for expanding and revitalizing their facilities
on Washington Avenue Lennox Avenue, and funding for re-instatement of the Festival the
in North Beach. Further, the Proposed Work Plan and funding through the
Resort Tax Fund for tourism-related economic development activities in North Beach that were
initiated in FY 2011/12.
The proposed Budget Work Plan provides for continued improvements and maintenance of our
facilities and neighborhoods infrastructure by appropriating $1 .2 million in our capital budget to
shortfalls in funding For the ground portions of our neighborhood right of way
(primarily milling and resurfacing), T,ogether with the transfer of 1.4 million from the
$2.7 million in you go funding is included in Proposed 2012/13
budget to seawall repairs at Muss Park as well os the addition of a potential launch at
that facility (subject to input), improvements to our facilities (irrigation at Fisher
Park, Stillwater Crespi Park Field Renovation, Flamingo Park Madvac System,
Tatum Park Outdoor Sand Volleyball) and the additional above ground funding for the following
neighborhood
• Bayshore Bid
• Bayshore, Lower North Road Bid Pack B
• Bayshore Lake Poncoast Pack C
• Bayshore Neighborhood Sunset II
• Bayshore Neighborhood Sunset Isles Ill IV
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FY 2012/13 Proposed Work Plan Budget Message
September 1 2012
13
Funding for Resort to tourism-eligible quality of life projects funding received
throug.h the Convention Development tax lnterlocal Agreement with Miami-Dade County. These
projects include:
• Middle Beach Recreation Corridor Phase II
• Baywalk I
• Flamingo Park
• Par 3 Golf Course Moster Plan
• 61h Street Restrooms
• North Shore Open Pork Replacement Fitness Circuit/Trail
• Beach Access
• Citywide Dune Restoration and Enhancement
• Alton Rood Irrigation System from 51h to Michigan
• Collins Ave, 5tt. Street to lincoln
• Citywide Dune Restoration and Enhancement
Further Enterprise and special revenue funds such as the Redevelopment Agency, South Pointe
Center, and Transportation {PTP}will provide funding for:
• Collins Park Parking
• Collins Conal Enhancement Project
• Seawall-Botanical Garden/Collins Canal
• lincoln Rood landscaping
• Aluminum lighting Replacement-City
• Beachwalk lighting ....... , ....... ~
• Euclid Ave Improvements at Lincoln Rd
• flamingo 6!11 Street ROW improvements
• South Pointe
• Playground Fence
• Main Rehabilitation~ Alton South sr.
• Convention -Replace vorious disconnects/bus ducts/electrical panels. Exhibit Hall
Chairs, C&D Carpet1 and lwo 1 00 ton chilled water interior bus duds,
C & D ballroom disconnects, chilled water · and install ADA Automatic Doors,
• Sunset Harbor AIPP funding
• Surface lots ot Harding Ave & 71 St., North Shore Youth 6972 Bay Drive,
Bonito Drive, 4001 Prairie Avenue and Museum Surface lot
• Relocation of Parking Meter Sign and Shop to accommodate Relocation of the Property
Management Facility
• Plate Recognition Software for Parking Enforcement
145
FY 2012/13 Proposed Work Plan and Budget Message
September 12, 2012
14
• Continued Replacement Master Meters and Revenue Control Equipment Upgrades
• Street Infrastructure Improvements -Crosswalks, Mast Arm Painting, Pedestrian
Speed Radar Units
• Additional Funding for the West Bridge
As noted earlier, between FY FY 2011/12, the General Fund absorbed more than
$41 million in reductions (almost "'"'~'"""'n of the $244 million FY 2011/12 Fund
budget} reductions of approximately million and 269 n"'"'mnn
further, a total of approximately $15 million in employee "give-backs"' were achieved
between 2009/10 and FY 201 11, $20 million through FY 11/12, through a
combination of freezing cost living adjustments for all employees For two and one-half
years, elimination of merit for all employee except members of the Fraternal
Order of Police and International Association of Firefighters} lAFF, increased
contribution to pension for all employees except members of IAFF, pension plan
changes for Miami Beach Employees Retirement Plan, contributions for take-
home by FOP members for 18 months, holiday pay for members,
and increased contributions health insurance by of the and IAFF for 18
Combined with more than $20 million in employee "give-backs" FY 2009/10
2011/12, this represents almost $69 million in combined "givebacks" and reduclions over
5 )I!Ors, with no significant impacts to the services provided to our communily,.
Although the to have stabilized, impact of recent recession impacted both
property tax revenues as well as costs through FY 2/13 likely further into the
furure. Therefore, the strategy continues to consider the long term financial sustainability of
the City. Beginning with development of FY 2009 I 1 0 a strategy was developed to
short-term, mid-term and long-term fincmcial needs.
• to short-term financial needs included ongoing efficiencies
by employees.
• Mid-term financial sustainability was addressed by pension from current
employees in the Miami Beach Employees Retirement Plan
• Longer term financial sustainability is by the pension plan restructures that
been put in new employees in Miami Beach Employee Retirement Plan. For
example, for Employees) plan restructure proposed new employees is
projected by the City's acruary ro reduce the City's annual required contribution by almost
$1 million in FY 201 2/13, with additional reductions annually os the number of employees
in the Miami Empfoyees Retirement Plan hired after October 1, 201 0 continues to
increase. Further, additional pension plan reform recommendations have been developed
146
2012/13 Proposed Work Plan and Budget Me:ssa~~e
12, 2012
by the City's Budget Advisory Committee for
presented to the City Commission on August
Fire and Police Pension Plan which were
2012.
All of the givebacks achieved, the 18 increased contribution to health by FOP and
IAFF and the increased contributions for take-home vehicles by FOP members 18 months,
represent ongoing, recurring savings to City and the employee give-backs contribute
significantly Inwards the City's goal (key intended outcome) to control payroll costs.
With the planned $1.16 million in efficiencies and $2.6 million
incorporated in the Proposed Work Plan and Budget for FY 2012/1
and employee Givebacks is almost $73 million.
in employee 11givebacks"
6 year total of reductions
Despite the dramatic impact of five years of reductions due to property tax reform exacerbated by a
dramatic in property values and dramatic in pension costs, Proposed Work
Plan and Budget benefits specifically for City Miami residents, including:
• Our "Culture in the Parks"
• to free cultural arts programs (theater, dance, music and visual arts) for children
involved in after school and summer camps;
• Scholarship specialty camps in the summer, in addition to children participating in day
camps; and programs for athletic leagues.
• access to City pools on and during non-programmed hours;
• Free genera! admission to our Youth Centers on weekends and during non-programmed
hours;
• Learn-to-Swim programs for 3 to 4 year old
• rates for programs
• "family friendly" Movies in Park;
• admission to museums on Miami Beach, including the Bass and Wolfsonicm Museums
and the Jewish Museum on Wednesdays, Fridays and Saturdays;
147
FY 2012/13 Work Plan and Message
12,2012
Page 16
• access to the majorily of our programs and populations programs,
including several free dances that throughout the year;
• of charge play at the Por 3 golf course all residents;
• analysis of residents' homes our Police Department; and
• Free child safeiy seat checks by our Fire Department.
have also prioritized Key Intended Outcomes to ensure the long-term sustainabilily our City
government, including improved communications with our residents, ensuring financial sustainabilily
ensuring that we have the best possible to deliver services to our community.
environmental sustainability, the City established a permanent committee in 2007/08
called the Sustainability with the objective of providing a mechanism to discuss green
(environmental} of concern to the community. In FY 2011/1 based on recommendations
from Sustainability Committee, the City implemented a recycling ordinance. FY 2012/13
uu,_,..,.,, includes funding for an intensive education and outreach campaign and six months,
beginning in January 201 warnings will issued. The sustainahility Officer will responsible
conducting outreach, recycling guidance, and if issue warnings. Once the recycling
program been implemented, the Sustainability can other sustainabillly issues
(greening restaurants, etc. Administration will back to the Commission before issuing any fines.
This enhancement has been funded from the Waster haulers Additional Services Public Benefit
Fund.
To promote transparency of operations and strengthen internal controls, the City posted on-
line all expenditures and referrals and, in FY 2009/10, the Cily also began posting on-
line Internal Audit and Performance Improvement reports. The Proposed Work Plan and Budget
provides funding for initiative that will help strengthen our Internal controls and help promote
transparency, including funding for a review/audit of one area the operations year,
beginning to restructure the lnternol Affairs division in the Police Department with the conversion of
a supervisor position to permanently assigned to the division rather than rotating
for this position, and by providing Automoted Vehicle locator (AVL} in Parks
Recreation vehicles, Department vehicles, and Public Works Fund vehicles.
Proposed revenue enhancement initiatives include the purchase of grants research software to
used by six the addition of o full·time to help manage
in City as revenues have grown from $3.4 million to $5.4 million in the last 3 years.
The Proposed Work Plan Budget continues funding to enhance communications with our
residents, enhance the availability of city and processes that can be and
n<;rlrTQ>rl via the internet, and our technology infrastructure. To that the Proposed
Work Plan continues to fund the City's MB Magazine, and MB TV.
148
FY 2/13 Proposed Work Plan Budget Message
September 1 2012
17
Further, the Proposed Work Plan and Budget includes a $0.4 million transfer to the Information and
Communications Technology Fund. Projects to funded in FY 2012/13
• T echnolog)' Enhancements for New Accela Permitting System: replaces or enhances the
ticketing, queuing and calling for the permit application and walk-thru plan review
process. Includes portable printers for inspectors Code Compliance Officers, a payment
kiosk for the Code Compliance Division. Includes an improved plans management
tracking and a mechanism to obtain on the Accela Citizen portal.
• Enhancement to Eden Accounts Payable module: will allow documents to attached lo
invoices providing easy to backup information and eliminating the need for
r1"''""r'"""',.,,~ to maintain multiple copies of the same document. _Upgrade of Automated
to the workflow and with a new user interface
data collection, allowing data cleanliness database and
,.,,.,,,.,.,, .. ,.,r,., of reports from the central
• existing outdated application at the Police
a program can interface with the City's poyroll which will
nrr•r~·~<t of processing off-duty pay.
• recommended by the City focus group Technology
applications such os Report It! And a parking
application to locate gorages availoble parking.
• License Plate Recognition: (Funded by the Police confiscation Fund and Parking Fund)
includes the purchase of two mobile Automatic License Plate Reader systems to enhance
safety and prevention The Parking Department is pursuing the same
technology for its parking payment
(Funded by the Fund) includes
the City's parking aa1·aa1as with a central
monitoring station. work will completed in three phases.
• Moster Meter Replacement (Funded by the Parking Fund) wlU purchase and install 750 new
multi pay stations for on-street off-street pmking locations. This will replace 500
pay stations and expand the use of pay stations in Middle and North beach.
• There are other projects that do not require funding but are planned to under
development next with in·house staffing resources: re-writing of the pending City
Commission documents log and lobbyist and board committee programs, in the Office
of The City Clerk, complete a historic buildings map and provide hotel
and restaurant information far the Visitor and Convention Authority (VCA) for
development of a visitor information website and data aggregation portal.
the City established a financial of funding at 5% the General Fund
budget as transfers for capital projects and capital proiects contingency. The purpose of
was multi-faceted;
1 . To provide flexibility in the operating that would allow the budget to reduced
without Impacting during difficult economic times;
To ensure that the City funded upkeep on our General Fund facilities, and right-of-
landscaping, lighting, etc.
149
2012/13 Proposed Work Plan
1 2012
Page 18
3. To provide a mechanism to address additional of small new projects prioritized by
4.
the community and the Commission of having to delay for a larger General
Obligation Bond issue;
provide contingency funding so that projects where bids were
not have to deloyed, during a heated construction
lead to further increases in costs.
than budgeted did
where delays
In recent years this funding was dramatically reduced due to funding constraints, and at the same
reflecting in construction industry in those years. The Proposed Work Pion
and Budget incorporates an increase of 0 .5% from 1% in FY 2011/12 bringing the total to almost
1 .5% in 20 l 3 for capital components,
Fund is the primary source of funding the majority of City Revenues ore
n ...... v.,.r~ from ad valorem property taxes, franchise and utility business and permit
fees, revenue sharing from various statewide taxes, user fess services, fines, rents and
l~;;e:$:>1~;m fees and income. Additionally, intergovernmental revenues from Miami-Dade
County and contribute funding for tourist-related activities provided by General Fund
departments.
first step in preparing the FY 2011/12 budget is an evaluation of Current Service level (CSL}
revenues and expenditures. revenues represent the amount revenues that would be
generated based on existing tax and CSL expenditures represent the
expenditures associated with the same level of service next as in the current budget
year.
July 1, 2012, the n2012 Certification of Taxable Value" from the Property
Appraiser's Office stating the taxable value for the of Miami Beach is $23,072,321,980
including $96,864,87 4 in new construction. The preliminary 2012 value represents on increase of
$ 1.1 billion or more the July 1, 1 Certification of Taxable Value of
$21,978,289,928 , on increase of 5.0 percent excluding new construction.
comparative values the Miami Beach Redevelopment Agency City
redevelopment district increased from to $3,60BJ18,451, on increase of
$0.1854, billion or a 5.4 percent increase in values over 2011 certified values. In addition,
u~::.,e~;:.:.t~u values within the area formerly known as the SoiJth Pointe redevelopment
increased from $3,446,036,913 to $3,618,097,360, on of $0.172 billion, or a
5 percent in values over 2011 certified values. As a result, values in the areas
the City Center RDA/South Pointe area increased by 4. 9 from $1 l 089 billion to
billion, an increase $0.7366 billion.
150
FY 20 12/1 3 Work Plan and Budget Message
September 12, 2012
Page 19
excluding City Center increased from $1 billion to $19.463 billion, an
,,..,..., . .,,..,,""of $0.9086 or Values outside the City Center area determine General
Fund revenues.
building block in developing a municipal budget is the establishment of the value of one
mill of taxation, wherein the mill is defined as $1 .00 of ad valorem tax for each $1 ,000 of
property value. the City of Miami Beach, this value for each mill is determined by the 2012
Certification Taxable Value and has set at $23,072,322. Florida Statutes permit a
discount of to five percent for early delinquencies, etc. Therefore, 95
percent of mill is $21,918,706.
In FY 2011/12, the operating millage rate for general City operations was adopted at 6.1655.
on the July 1 , 2012 Certification of Taxable Value, 6. 1655 mills would generate
approximately $ 135, 139,781 ln general tax revenues, em increase of $6,407,992 over FY
2011/12 budgeted property tax revenues Citywide Fund, RDA and South
Pointe orea). The General Fund properly tax revenues will $5.76 million, if the fY
2011/12 millage rate is maintained.
further, the January, 1 11 tax roll Citywide declined by $1.2 billion the July 1, 2011
valuation and the July 1, 2012 valuation due to adjustments, which is part of the
reason that the FY 2012/13 "roll-back rate 11 is significantly less than the FY 20 11/12 current
millage rate. The area outside of City Center RDA declined by $1 billion.
151
FY 2012/13 Proposed Work Plan and Budget Message
September 12, 2012
Page 20
Further, pursuant to recenrly
above the roll-back rate up to
Commission or referendum:
State legislation, the City may to approve millage rates
constitutional cop of 1 0 mills subied to the following votes by the
.. Option 1: A majority of the Commission ls required to a millage up to 8.0844
(equivalent to 1 of prior year maximum ad valorem proceeds allowed by a majority
vote, net the impact the Increment Districts}. The adjustment of 1 00.447% reflects the
statewide per capita personal income increase for the prior year
• Option II: A two-thirds approval of 7 votes) of the Commission is required to a
millage up to (equivalent to a 1 0% in the ad valorem revenues above Option
!).
• Option Ill: A unanimous of the Commission or referendum is required to approve a
millage above up to the 1 0 mill cop
The general service nn\JmF~n for FY 2012/13 is approximately $5.9 million.
on the July 1, 2012 Certified Value the Property Appraiser, these bonds would
levy a voted debt millage of 0.2568 mills. This represents a of
0.0316 mills.
illustrated below is a comparison of the millage rates valorem revenues to the
City of Miami Beach for FY 2011/12 (final) and FY 20] 2/13 {preliminary) including RDA lt is
recommended that in the General Fund, 0.1 OB3 mills of the total continue to be
dedicated to renewal and replacement.
%1nci{Dec)
From From FY
City of Miami Millage Rates 06107 FY11112 FY 12113 FY10/11 00107
Operating
Capital Renewal & Replacement
Sub-total Millage
DebtSer.tce
Total
152
2012/13 Proposed Work Pion and Budget
September 1 2012
Page 21
Jf recommended rates are tentatively odopted 1 the Ci!y of Miami Beach's total
operating millage will decrease by from the current and the voted debt millage
will by 0.0316 mills. This represents a totoll"i.,.,..r ... ..,., ... of 0.0849 mills.
Amendment 10 to Constitution took effect on January 1, 1 and limited the increase in
assessed value of norne~;rec1a property to percentage increase in the consumer price index
(CPI} or three percent whichever is less. For 2011, CPl has been determined to 3.2
percent therefore, ""''"""'"" is capped at 3% for increased values as of January 1, 201
Overall, based on an analysis homesteaded in the 2010 tax roll (the latest
available from Miami-Dade County Property Appraiser at this time}, the median of
homesteaded property in Miami Beach for 2012 (as of August 2011) was $119,461, the
average Applying increase to the market of all existing homesteaded
properties from the 2011 tax roll, and the 3 percent CPI adjustment, the impact of the millage rate
adiustment to homesteaded would be as shown in the Following table.
0peratlfl9 762 $ 1.745
Voted Deb! 32 73
784 $ 1,818
$Change in Taxes
Operating $ 15 $ 36
Voted Debt (2) 2
Total Miami Beach
urce: Miami-Dade County Property Appraiser File as of 8117/iO
of Miami Beach property owners must also pay property taxes to Miami-Dade County, the
Miami-Dade County School Board 1 the Children's Trust, the South Water Management
District, and the Florida Inland District
The countywide tax rate for Miami-Dade is proposed to decrease from 4.8050 mills to
mills; the library tax rate is proposed to n.:>r'r"'n from 0.1795 mills to 0.1725 mills; and
debt service millage the same at 0.2850.
153
FY 2012/13 Proposed Work Plan and Budget Message
September 1 12
The tax rate for the Miami-Dade School District is 8.0050; 0.2.440 mills than the
year millage of 8.2490. Children's Trust millage is maintained at 0.5 mills. The
proposed tax rote for the South Florida Water Management District is 0.3928; which is the some
as the current year. The proposed tax rote Florida Inland Navigation District is 0.03.45;
nrn,nnt"IAn from the FY 201 0/11 millage.
With the Proposed millage rates for FY 2012/13, Miami Beach portion of the FY 2012/13 tax:
bill is approximately 31 percent of the total bill. Of note, even with the recently proposed millage
decreases by the CounfXt the County millage is 1.2 mills less than their millage in FY 2006/07, as
compared to the City's proposed millage which is 1.3 mills less than the City millage in FY
Further, the School Board millage is only minimally below the 2006/07 millage
despite the recently proposed decrease. The significant difference in the total overlapping
rate is a direct result of Citis to keep the millage rates as low as possible
A summary of tax rate changes is provided in the following
%ofFY
Variance Variance 12113
FY 12113 from 11112 from 06107 Total
154
FY 20 12/1 3 U!JU'"t:u Work Plan and Budget Message
September 12,
Page
on
the proposed millage rates to the median and January 1, 2011 taxable of
1 and $277,201, respectively, half of hornestea1ded properties would pay than
for all taxing jurisdictions combined, taxes generated would
approximately homesteaded "'"'"'"'""r 1" taxing jurisdictions, the highest
component is Miami-Dade School for a median value and $2,219
an valued property.
following table ...... ,...., .. ,"'"'c
a result of these
City o"f Miami Beach
Operating
Voted Debt
Total Miami Beach
Miami Dade County
Schools
Change in Taxes
City o"f Miami Beach
Operating
Voted Debt
Total Miami Beach
Miami Dade County
Schools
Total
in properly taxes for homesteaded properties as
proposed tax rates and potential changes from 2010
743 $
34 $
As with the City of Beach millage impacts combined jurisdictional millage rates
for non-homesteaded properties will likely reflect declines in properly values, although individual
properties vary.
the revenue for FY 2012/1 based on the July 1, 2012 Certification of Taxable Value
from the Miami-Dade Property Appraiser1 values of existing properties increased by 5
155
FY 2012/13 Work Plan and Budget Message
.'"\l'!nl'Ptmn~r 12, 2012
percent the July 1, 2011 tax roll certification. This compares to taxable value
of at least 8 per from July 1, .2001 through July 1, 2007, but decreases
on of 6.4% beiWeen FY 2008/09 and FY 1/12.
(CSl) revenues ore expected to by million for FY
principally due to on million property tax as a result higher property
value, mlllion in carry forward of a pension credit from FY 2011/12 as well as $3.3
million in licenses revenue, reflecting the increases in building development
activity. These ore offset by across a number of categories. These decrease
include in the following categories: taxes due to declining telephone utility tax
revenue 1 intergovernmental revenue due to in tax revenue and revenues received for
911 costs which have moved to a separate fund, charges due to fire transport
fines & than expected light camera revenue, investment due to
in the miscellaneous revenue category due to corporate
bonus revenue in FY 2011/12.
The total revenue estimate at this is $252.7 million, an increase of $8 million from the
FY 2011/12 uuv1..11~:::u budget.
Property Tax Citywide 98,"198,923 102,042,000 40% 3,843,077
Property Tax South Pointe "10,439,424 10,850,000
Capita! Renewal/Replacement 1,755,752 1,825,000 1% 69,248
108,469 0% 20,531
Subtotal 110,502,568 114,846,000 45°/o 4,343.432
Other Taxes 24,278,385
"'
(255,385)
Li.censes & Permits "17,074,053 20,328,000 8% 3,253,947
lntergowmmental Rewnue 10,091,000 9,827,000 4%
for Ser.Aces 4,879,252 4,458,000 2%
Golf Courses 5,805,119 5,979,000 2%
Fines & Forfeits 2,574,000 2,192,000 1%
Interest 3,430,000 2,983,000 1%
Rents & Leases 6,034,143 13,439,000 3%
Miscellaneous 12,423,449 11,830,000 5%
Other~ Resort Taxes 26,965,440 26,985,000 11%
Other-Reserws -Bldg Dept 1,546,709 1,500,000 "1%
-perking Surplus Transfer 7,200,000 7,200,000
OTHER -Plior Year Setaside 3,551,120 3,400,000
Prior Yr Set Aslde Pension Credit 2,210,000
All Other
156
FY 2012/13 Work Plan and Budget Message
September 12, 2012
Page 25
On the expenditure side, CSl expenditures typically have increased beiween 6% and 8% annually
due to salary and benefit and other normal cost of living adjustments. In FY 201 3,
increases are estimated to result in on approximately $11 million !4.6%) in
expenditures, majority of which is due to the following:
• A $1.4 million increase to reflect previously salary adjustments for employees,
including the impact of 5% step increases employees not at the maximum of their range in
the and IAFF bargaining units; and a maximum of 2 merit
increase for employees in the Supervisor's Association (GSA) unit, the
Ameri.can Federation of State, County and Municipal Employees bargaining unit (AFSCME) and
unclassified employees. ls no COlA included for any employees nor are there merits for
CWA consistent with the status quo of their current agreement.
• A $0.2 million increase primarily due to Fire Department overtime cost, although the Fire
Department overtime budget is projected at a below prior year actual costs.
• A $5.7 million increase in pension plan contribution costs which will partially offset in FY
2011/12 by the carryforward of year end fund balance due to a credit of $2.2
million ($2.5 million wide), as well as $0.1 million increases in costs.
• A $1 million in health care which reflect both an anticipated 1 0% increase in
health insurance costs as well as impact of the expiration of IAFF FOP 5 percent of
salaries to ciiy health costs.
• A $0.3 million increase in Benefits/ primarily due to leave payouts associated with
employees employment with the City.
• A $3.2 million Increase in Internal Service Fund to Departments to
similar in salary and pension costs as above that are then charged to
the Fund, as as equivalent increases in health insurance costs for retirees,
1nrr.::~n"~'~" in Police liability claims and in service fleet vehicles. It is important
to note that fuel in FY 2012/13 are budgeted at current prices. Should increase
further, the General Fund will to fund these
• A $1.7 million decrease in other operating costs primarily due to the offsetting move of 911
expenditures to a separate fund, decreased rent as Fire Prevention is now in a city facility,
decreased copier rental costs with the new and maintenance
anticipated from initiatives implemented by Amaresco, as well as continued refinement
in operating needs.
• A $.3 million increase in capital costs due to increased transfers to the Renewal and
Replacement Fund as a result of the increased values the dedicated millage, as well as
increases in debt r~sulting from debt to the Amaresco initiative.
157
FY 2012/13 Proposed Work and Budget Message
ntAnrthAr 1 12
Page 26
as
rtime/Other 4.2%
Benefits
Pension ~ F&P 35,602,142 38,532,000 15.1% 2,929,858
Pension -MBERP 10,964,684 13,756,000 5.4% 2,791,316
Other Pension 5,802,867 5,913,000 2.3% 110,133
Health and life 10,782,000 4.2% 1,634,342
Other Benefits 4,043,146 4,333,000 1.7% 289,854
Total Benefits 65,560,497 73,316,000 28.7% 7.755,503
Total Salary and Benefits 177,106,353 186,514,000 73.0% 9,407,647
Operating 9.9%
Sel"'lice Funds 15.4%
The restJltlng gop between General Fund
$2.9 million.
CSL revenues is approximately
It is important to that ,.,. .... ,~ ...... 1''n"' costs ore approximately $1 million less than the fY 2011 /12
budget, reRecting the various cost savings initiatives by City such as re-bidding
contracts, and careful line item expenditures.
Together, salaries and fr.inge percent of CSL costs 1 with
representing approximately 67 percent the total current service level (CSL)
million, (including the of merit/steps contributions, etc.}
pension
of $2.55.6
on direction provided by the Finance and Citywide Projects Committee meetings in Jvly and
August 2012, the approximately $2.9 million shortfall between Current Service level revenues and
expenditures been addressed through employee givebacks of $2 million, which partially
offsets the additional employee health and pension cost ..
total cost of additions and service enhancements in the General Fund ($3.7 million] has been
more than offset by departmental efficiencies, an additional resort tax transfer, revenue
enhancements, resulting in a surplus of $1.1 million to be as a set aside the FY13/14
budget, to offset the loss of the one time carryforward of the $2.1 million FY 2011/12 pension
credit to FY 12/1
158
FY 2/13 Proposed Work Plan and Budget Message
September 1 2012
Page
The resulting total Proposed General fund Operating Budget for FY 2012/13 is $ $256,975,000,
which is $12.6 million or 5 percent more than FY 2012/1 2 Budget of
$244,336,7 40.
NetCSL Gap
million in pension increases across all funds prior to a one credit and $5.7 million In
eneral Fund. $1.9 mmion health increase citywide and $1.6 million ln the General Fund,
including the $.86 million impact of the expiration of the five percent of salaries giveback
health insurance for Police and Fire
FY 20121131ncrease
..... r~.,,.,.,~., Maintenance Impact of New Projects
!Ul,n!m,.llmpact Reductions/Efficiencies
Service Reductions
1 Art,otti<cm~:: and Ennancemer'lts
Additional Building Positions in Response to Increased Demand
Enhancements for Internal Affairs and Ouside Audits
Transfer to Pay As You Go
Other Service Enhancements
Fund Impact of Change to Health Insurance Start Date for New Employees
Genera! Fund Impact of Internal Service Fund Enhancements
159
$ 252,712,000
$ 255,573,000
702,000
200,000
1.400,000
1.253,000
2012/13 Proposed Work Plan and Budget IVIt:;:>::~u~~t)'
September 12,2012
An analysis was performed to determine what the impact on tax revenue would with
further millage reductions. following table illustrates millage rate for reducing
the operating property tax revenue by $1 million as well as the impact of reducing the millage to
the roll-back rate.
Proposed Proposed Proposed "lu;su~~u Proposed Proposed
General
Fund ·Renewal & Operating Debt Total Changeln
Millage Replmnt Millage Millage Millage iotaiMHiap
Revenue Impact Rate Rate Rate Rate Rate Rate
Decrease of $1 million from GF
revenue at proposed mmage rate $ 1,000,000 £.0039 0.1083 6.1122 0.2568 6.3600 0.0$33
Reducing millage rates would also
$1,640,000 respectively for the two
revenues to the Redevelopment District by $180,000 and
Enterprise Funds are comprised Sanitation, Water, Sewer, Stormwater, Convenrion
Departments. The Proposed FY 2012/13 Funds Budget is 61.1 million. . This
represents an $4.4 million (2.8 percent] from the FY 1 /12 budget of $156.7 million,
primarily to:
• in pension and health cost similar to described in the General Fund,
although in the Sanitation Department Proposed Budget incorporated reduced personnel costs
and use of temporaries on historical information ($2.1 million)
• Increases in treatment and DERM charged by Miami-Dade County {$4.6 million) -
with sewer revenues by the City
• in funding for future and replacement and equipment which is
determined by year depredotion amounts ($2.2 million)
inr'r""n""'"" area offset by decreases in service payments by the Stormwater Fund ($2
million}as debt service for bonds sold in 2011/12 along with the associated refinancing of
existing resulted in lower than debt reduced operating costs in the
Convention offset by revenues due to an treatment change of l:!lll'>l~rnr
revenues ($1 million); reduced funding to be for the Stormwater Rate
Stabilizotion Fund ($1 million); and other miscellaneous reductions ($0.3 mil!ion).fee impact is 37
cents household month.
160
FY 12/13 Proposed Work Plan and .......... M"'' Message
September 1 2012
Page 29
Internal Funds are comprised of Management, Information
Technology, Risk Management and Management Divisions. The Proposed 2012/13
Internal Fund is $59.3 million. This represents on increase of million (9.3
percent} from FY 20 ll/12 budget, primarily due to in salary, pension and health cost
to those in the General Fund as well as increases in Police liability ($.75
million}, and debt For replacement of vehicles and equipment ($1 .1 mHiion). These costs ore
allocated to the General Fund Enterprise Fund departments, and Risk
Fund reimburses General Fund for the cost of legal services.
2012/13 Resort Tax budget is $54.2 million, an increase million !14
FY 2011/1 This the continued in resort tax revenues, consistent
indicators throughout the County, but especially in Miami Beach. Of the
• $4 million is transferred to the Fund For tourism-related services by
General Fund departments foro total of $30.47 million.
• $0.72 million is to increase funding for Memorial Day and Spring Break to
deployed in FY 2011/12 as well as provide enhanced holiday decorations
• $0.05 milliqn is for the contractual adjustment in the transfer to the Miami
Convention and Visitors Bureau, for a total of $5.31 million.
• $0.39 miJiion and $0.30 million ore transferred for quality of life capitol .......... .,.,r·rc:
arts and the Miami Beach Visitors Convention Authority based on funding
total of mi[lion $2. 11 million, respectively.
The Debt $0.38 million from $5.52 million to $5.90 million, and
by $0.10 million
Further, $100,000 continues to funded for a Miami marketing $83,000
for tourism related economic development activities in North Beach. In addition $148,000 was
added in FY 2012/13 for a Washington Tourism Enhancement Initiative; and $100,000
towards attracting a moior event such as Miss USA pageant places $.48 in
contingency.
Although development of our budget this year been challenging, through rigorous review
and good leadership, Work Plan and Budget for FY 12/13 is balanced and
enables the City of Miami to continue delivering outstanding, enhanced services to our
residents, businesses visitors, providing relief in our Funds, and
structural enhancements to ensure the sustoinobility the
161
2/13 Proposed Work Plan and Budget Message
12,2012
In summary, the Proposed FY 2012/13 General Fund operating budget maintains current service
priorities for the community, despite property tax rates set at 1 .3 mills (17 percent) lower than FY
2006/07. Further, I am also recommending keeping water, sewer, and stormwater rates other
than the sewer pass through for in the Miami-Dade County wholesale sewer rate.
The development of this Proposed Work Plan and and
the Commission as we sought to balance a budget in spite increases, particularly in
the Fire Police Pension system, as well as a significant increase in health insurance. I would
llke to thank Mayor Matfi Herrero Bower, and Members of the Miami Beach City Commission,
for your continued support and leadership with the budget and in helping to
accomplish so much on behalf of our residents and for the entire Miami I would
also like ro recognize those bargaining units that previously agreed to employee so
we can to personnel costs as well as our employees for continued
commitment ro the City1 s of providing excellent public and working so hard to help
accomplish so many results that benefit the community despite the challenges and
uncertainty of the post ., .. v ... rnl
Finally, I would like to all throughout City who worked so hard to identify
opportunity for cost reductions in their departments 1 as well as itemize altematives with a
range service impacts to meet the required cost reductions. I would particularly like to thank my
Assistant Chief Financial and all Department and Division Directors. I
appreciate towards a reduced budget that still allows us to accomplish
our goals. In like to recognize and thank Tim Finch, Budget Officer; Dr. leslie
Rosenfeld, Director Organizational Development, Daniels, Glen Hall, Tameka
Stewart, and Rodriquez, Management Analysts; and Office Jennifer
White.
Interim
162
Pension Internal Service CSL with Pension and Internal Service Alloactlons (rounded to the Addtl. Efficiency
1il.i:lll$l$ 0" :~.w.m CSL with Pension and Internal Service :It In addition, In FY 2009/10 there are 23 Police and Property Management poa!tlona budgeted In the City Canter RDA and 19.6 FT po<lona budgeted through grants and spacial revenue funds. The FY 2010111 Proposed Budgat for the RDA mcommends reducing 1FT positions trhough efflclancela and 4FT posith -in Exllibi!~>S • D. -~he City Center RDA budget also lnc:ludoa the reduc:tion of 1 full time position u pert of minimal service
EXHIBITS
POSITIVE IMPACT OR MINIMAL SERVICE IMPACT, EFFICIENCIES, ETC.
D
Community Policing Reconfiguration-Eliminate 1 Police Commander in
Technical Svcs plus 1 Administrative Aide I position in CID and repla
with 3 Crime Analyst positions
ency Manager from full-time to part-ti
· · n to be vacated 1/1/13)
Replace CAC supplemental funding from General Fund wilh an increase in
of Life Fundin (estimated increase of $200,000 from FY12 to FY13)
Total General Fund Without Transfers
Total General Fund
INTERNAL SERVICE FUNDS
165
LFUND
.t'&lministralive Al<le l am:!~ wi!A aR 4 OfliGe
~level ef Administrative~~ by
SIGN SHOP & METER SHOP UNITS -Convert 1 Parking Operations
upervisor from full time to part time. No decrease in Level of Service
SIGN SHOP & METER SHOP UNITS -Convert 1full-time Meter Tech II
and 1 full-time Meter Tech I TO 3 PT Meter Tech Is No decrease in Level
of Service
FORCEMENT -Convert 3 fu!f-tlme Pkg Enforcement Specialfs! Is to 4
part-time Pkg Enforcement Specialist Is. No decrease in level of Service
OTHER FUNDS
period for newly hired unclassified employees enrolling
s this is the same as what currently exists for newly hired
166
GENERAL FUND
Police
!i~m;l$ 4 ~ ~ Qlf")M & 4 ~ ~ ~ ~ ~-'*'
i!~ {() 11>e puhll<l elemoo!ary arul mkWla &ll!mels in Miami Se&lli-h Elimii1Slioo will r-esult m nq
~ belf>!l a~ w !he pllbtiG ooheelll in Miami Eaooh-; wtllllh ~ads-!e, a weaterj
di~<Wi!hi<HhlHl{)WIWII.ffii\~~
167
$
EXHIBITD
POTENTIAL REVENUE ENHANCEMENTS
GENERAL FUND
Pollee
consistent with Miami-Dade County which is to not start charging the
iolation. and havin it raise with additional violations and ca ed $500.
Fire
Increase Fire Transport Fees to Miami Dade County Levels for FY 12012113 and
add charges similar to Hialeah and Coral Gables
SERVICES AND TRANSPORT
ED liFE SUPPORT (ALS)
jsl>EC1Al1YCARE TRANSPORT (ALS SCT)
ai\51C LIFE SUPPORT (BLS) TRANSPORT
BACKBOARD
CAAl>lAC MONITOR!~
CERVICAL COLLAR
NsoUJTIONS
PROCEDURES AND EQUIPMENT
MILEAGE: PER MILE OR I'RACT!ON
OXYGeN PER TANK OR FRACTION
SPECIAL HANDLING (EXTRICATION, ETC.)
ecreation
Miami Beach M!aml-Dade
N!A N!A
$600.00 $00(1.'00
$600.00 $600.00
$tl00 $900.00
$500.00 $800.00
$25.00 $2$.00
$25.00 $25.00
$21Hl0 $25.00
$25.00 $25.00
$1l:LOO $15.00
$$0.00 $$0.00
$25.00
Increase Staff Rental Rates. Example below show est. rental revenues collected in FY11 & compare them to
est proposed rates for the total est increases in revenues. Staffing: $63,000 est. collected in FY 11;
Proposed 40% increase (from $25 to $35 p/hr) in FY 13 is $88,000. Difference (Est. Revenue Increase)=
Prop!>sed Increase in Resident Nor!h Shore Open Space Pavillon :Rental Rates. Examples below show est
rental revenues collected In FY11 & oomparatl to est. proposed rates for the total estimated increases in
revenues.
Pavillom;; $21,000 est. collected in FY 11: Proposed 100% increase (from $75 to $125) in FY 13 is $35,000.
Difference st Revenue lncrea~ "'$14,000
uce events charging 30% of ticket sales rather than theatre and equipment rental
168
Fiscal
Impact
$25
Cumulative
Department Cumulative
Impact
$ 199000
238000
TOTAL
POTENTIAL
GENERAL
ND
I Living Wage -existing contracts with living wage
Living wage -potential impact for expiration of current golf course management agreement
1$150,000-pending contract negotiation/re-bid)
Additions Since FY 2011/12 Budget
Locations added to the Parks & Recreation's Greenspace Management Division's areas of
responsibility after the completion of the budget process with additional costs identified at the
following locations:
CITYWIDE MOWING:
o Dickens & Tatum Waterway 21 Bumpouts & Medians (CIP)-$22,140
o Bonita Drive South -$768
o North Shore Park & Youth Center (Sports Field) increase for Bermuda -$34,001
• Miami Beach High School Swale, Dade Blvd N. to Par 3-$7,350
o Hibiscus Island Hurricane Evacuation Site -$2,250
GROUNDS MAINTENANCE:
o Flamingo Neighborhood Streetscape Swales & Bumpouts -$3,500
o Washington Avenue Dog Park Increase-$1,250
• Normandy Business District (FDOT/CIP) -$3,000
o 71 st Street Sidewalk Planters (FDOT/CIP)-$6,000
In addition the following will be added to the RDA budget .
Bass Museum (Renovated Site) CITY CENTER /RDA $8,100
o Soundscape Park Special Events (additional service required to facilitate the 38 plus events
held at this Park: Movies, Wallcasts, Opera Nights, etc)-$19,200
Total Additions
Internal Affairs Reorganization -Add 1 Investigator Supervisor and eliminate a Major position
after 5 months in FY 2012/13 through attrition-currently the Police Department has one
Lieutenant position underfilling a vacant Major position due to Reorganization --when a
lieutenant is vacated in Februa 2013, the Ma or position can be eliminated.
Add 2 ATV Police Officers in the North area working 2200 to 0800 hours (10pm to Bam) to
implement and enforce the beach closure. This number has been refined to exclude new
vehicles, fuel, maintenance and depreciation costs for the additional Police Department
union positions being proposed, as they will not impact the FY 2012113 budget. These
vehicle costs of $16,200 will im subs ent ars.
4 Police Officers in the South and Citywide to form an additional Crime Suppression Team
gaan! for the squad would be assigned from the lA reorg). This enhancement will be offset
by the elimination of $100,000 in overtime. This number has been refined to exclude new
vehicles, fuel, maintenance and depreciation costs for the additional Police Department
union positions being proposed, as they will not impact the FY 2012113 budget. These
vehicle costs of $152,400 willlm ct subs uent ars.
Add 1 Detention Officer to augment current staffing levels in all three shifts including weekends.
This number has been refined to exclude new vehicles, fuel, maintenance and
depreciation costs for the additional Police Department union positions being
proposed, as they will not impact the FY 2012113 budget. These vehicle costs of $38,100
will im act subse uent ears.
hancement-additional Records Technician and Data Entry Clerk will reduce
nit by $00,000.
ei hbomooo Resource Officer for additional Homeless Outreach
169
62,000
62 000 t--i--TBD
81 000 81,000
43000 I I
50 000 50,000
50,000
165,000 215,000 2.0
4.0
Bulldln
Increase temporary labor to provide support in the violations section of department to become
construction without permits and unsafe structures.
contractor to revlew/a!.idlt one area of the city's operations per year , ClP
for FY 2013.
mln!um OmbUdsman -reassign duties ro utilize existing
d
Reinstate Festival of the Arts
I Information Technology Funding For Automated Vehicle L
Recreation vehicles, additional Fire vehicles and Public W
ICE FUNDS
roject Coordinator/Business Analyst to facilitate the review of business process
requirement and data gathering for departments in order to identify technoly improvements,
focusln on customer solutions.
170
(),!)
UNDS
g contracts with living wage in Public Works Stormwater, Sewer,
Convention Center
Water
AVl Furniin for Public Works Water Vehicles
Stormwater
AVL Fundin for Public Works Stormwater Vehicles
Total Enter rise Funds $
)Grand Total All City Funds
e
6am, allowing for
Lincoln Road Mall Manager /"Point Person"-reassign duties to utilize existing
1 LlriCOIIn K1oad Tourism Enhancement Initiative-Increased pressure cleaning from bi-weekly to
1 MSW I & 1 MSWI!; includes $34,000 for vehicle & equipment costs
Locations added to the Parks & Recreation's Greenspace Management Division's areas of
responsibility:
In the RDA
• Bass Museum (Renovated Site) CITY CENTER /RDA $8,100
• Soundscape Park Special Events (additional service required to facilitate the 38 plus events
held at this Park: Movies, Wallcasts, Opera Nights, etc) -$19,200
lTotaiRDA
Resort Tax
!Total Resort Tax
Overtime for Spring Break and Memorial Day Weekend consistent v.1!h
FY 2011/12
171
0
0
83000
s1M,ooo I s a:J,ooo I 2.o I o.o I
Enhance the environmental sustainability of the community through comprehensive citywide
RecycHng Program • First
year includes an intensive educa!lon and outreach campaign and after six months, beginning
January 2013, warnings wll! be issued • Sustalnabllity
Officer wlll be responsible for conducting outreach, mcycllng guidance, and If naceseary, Issue
warnings, • Once !he Recycling
Program has bean Implemented, the Sustainab!!ity Officer can address other sustainabl!lty
issues (greening restaurants. etc), • Administration wm go
back to Commission before Issuing fines. • Enhancement funded from
the Waste haulers Additional Services an Public Benefit Fund
!Total Sustainabillty
172
95,000 95,000 1.0
ses,lloo I ~Sss,ooll I u I (to I
ATTACHMENT 2
LISTING OF POSITIONS VACANT AND NOT FILLED BY CONTRACT OR
TEMPORARY
as of 7/23/12; updated for Proposed Efficiency Reductions & Recent Hires
Position Name
ERAL FUND
Performance Improvement
OBPI
OBPI ement Consultant
Code Com liance liance Administrator
Code Com liance Code Com liance Officer
Code Com liance Code Com liance Officer -PT
Human Resources/Labor HR Assistant Director
r I PT Year Round
Real Estate, Housing and
Community Dev incl. Office
of Communi Services Administrative Aide I
Total General Fund
173
Number of
Positions
1
1
1
1
1
1
1
1
5
3
1
1
1
1
1
1
1
1
30
Number of
Months
Vacant
10
2 69,394
31 200
RESOLUTION NO., _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING FINAL
BUDGETS FOR THE GENERAL, G.O. DEBT SERVICE, RDA AD
VALOREM TAXES, ENTERPRISE, AND INTERNAL SERVICE
FUNDS FOR FISCAL YEAR 2012/13
WHEREAS, the Manager's proposed General Fund operating budget released
September 7th, 2012 was $256,975,000 and the total proposed operating budget for FY 2012/13
was $441 ,376,000 including the General Fund, General Obligation Debt Service, Enterprise Funds
and Transfers to the Redevelopment District; and
WHEREAS, during the first public hearing on the FY 2012/13 budget the City
Commission approved to further reduce the millage for FY 2012/13 from 6.1122 to 6.0909 reducing
the surplus by $400,000, rather than reducing employee givebacks from $3.0 million to $2.6 million
and recognizing a reduction in the citywide budget as a result of reducing Building Development
process fees, thereby reducing the General Fund budget to $256,280,000 and the total operating
budget to $440,614,000; and
WHEREAS, the $3 million in employee givebacks in the General Fund partially
offsets the $7.3 million increase in pension and health costs; and
WHEREAS, the tentatively adopted General Fund budget includes $932,000 in
efficiencies; brings in an additional $4 million in Resort Tax revenues to the General Fund to offset
tourism-eligible expenditures, and includes increases in revenues for Police false alarm fees, rental
rates for Parks & Recreation, and minor increases in service fees at the Colony Theater; and
WHEREAS, the General Fund tentatively adopted budget includes additions for
living wage and operating costs associated with bringing capital projects on line, Building service
enhancements offset by increased Building service revenues (due to increased demand); and $2.85
million in enhancements as a return on taxpayer value for $4 million in increased property taxes; and
WHEREAS, the FY 2012/13 tentatively adopted General Fund budget is about $20
million (8 percent) more than the FY 2006/07 budget despite pension contribution increases of $29
million during the same period, and 15 percent inflation from October, 2006 through June, 2012; and
WHEREAS, the tentatively adopted budget for Internal Service funds, which are
wholly supported by transfers from the General Fund, Enterprise Funds and the Redevelopment
district, is $59,328,000, including additions and enhancements totaling $153,000 and efficiencies of
$30,000; and
WHEREAS, the tentatively adopted budget for Enterprise Funds is $161 ,088,000
including potential additions and enhancements totaling $417,000 offset by efficiencies of $196,000;
and
WHEREAS, the proposed General Fund budget increases $11.9 million over FY
2011/12, primarily due to personnel cost increases (although offset by employee givebacks),
increased internal services charge backs including Police liability claims and increases in debt service
for replacement of vehicles and equipment, as well as proposed additions and service
enhancements; and
174
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach hereby
adopts final budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, and
Internal Service Funds for Fiscal Year 2012/13 as summarized and listed below:
Revenue Summary
by Fund and Major Category
G.O. DEBT INTERNAL
REVENUES GENERAL SERVICE RDA ENTERPRISE TOTALS SERVICE
GENERAL OPERATING REVENUES
Ad Valorem Taxes $ 102,171,000 $ 102,171,000
Af Valorem • South Pointe Costs 10,296,000 10,296,000
Ad Valorem • Capital Renewal & Repl. 1,850,000 1,850,000
Ad Valorem Taxes-Normandy Shores 129,000 129,000
Other Taxes 24,023,000 24,023,000
Licenses and Permits 20,033,000 20,033,000
Intergovernmental 9,827,000 9,827,000
Charges for Services 10,668,000 10,668,000
Fines and Forfeits 2,199,000 2,199,000
Interest 2,983,000 2,983,000
Rents and Leases 6,464,000 6,464,000
Miscellaneous 11,830,000 11,830,000
Other/ Resort Tax Contribution 39,497,000 39,497,000
Reserves-Buildiing Dept Operations 1,500,000 1,500,000
Prior Year Set Aside for Pension Credit 2,210,000 2,210,000
FY 09 Surplus Set Aside 3,400,000 3,400,000
Prior Year Surplus From Parking Op Fund 7,200,000 7,200,000
Sub-total $ 256,280,000 $ 256,280,000
G.O. DEBT SERVICE FUND
Ad Valorem Taxes $ 5,630,000 $ 5,630,000
Other $ 298,000 $ 298,000
Sub-total $ 5,928,000 $ 5,928,000
FUND TOTAL $ 256,280,000 $ 5,928,000 $ 262,208,000
RDA FUND-City TIF only
AD VALOREM TAXES
Property Taxes-RDA City Center (net) $ 17,318,000 $ 17,318,000
FUND TOTAL $ 17,318,000 $ 17,318,000
ENTERPRISE FUNDS
Convention Center $ 12,702,000 $ 12,702,000
Parking 47,657,000 $ 47,657,000
Sanitation 17,302,000 $ 17,302,000
Sewer Operations 37,465,000 $ 37,465,000
Storm Water 11,926,000 $ 11,926,000
Water Operations 34,036,000 $ 34,036,000
FUND TOTAL $ 161,088,000 $ 161,088,000
INTERNAL SERVICE FUNDS
Central Services $ 906,000
Fleet Management 9,700,000
Information Technology 16,366,000
Property Management 8,862,000
Risk Management 23,494,000
FUND TOTAL $ 59,328,000
TOTAL ALL FUNDS $ 256,280,000 $ 5,928,000 $ 17,318,000 $ 161,088,000 $ 440,614,000 $ 59,328,000
175
TOTAl EXPENDITURES BY FUND AND DEPARTMENT
Fiscal Year 2012/13
G.O. DEBT INTERNAL
FUNCTION/DEPARTMENT GENERAL SERVICE RDA ENTERPRISE TOTALS SERVICE
MAYOR & COMMISSION $1,648,000 $1,648,000
ADMINISTRATIVE SUPPORT SERVICES $14,187,000
CITY MANAGER 2,313,000
Communications 893,000
BUDGET & PERFORMANCE IMPROV 2,160,000
FINANCE 4,426,000
Procurement 1,063,000
Information Technology 16,366,000
HUMAN RESOURCES/LABOR RELATIONS 1,827,000
Risk Management 23,494,000
CITY CLERK 1,505,000
Central Services 906,000
CITY ATTORNEY 4,318,000 $4,318,000
ECONOMIC DEV. & CULTURAL ARTS $32,107,000
Economic Development
REAL ESTATE, HOUSING & COMM. DEV. 2,498,000
BUILDING 10,985,000
PLANNING 3,419,000
Cultural Arts
TOURISM & CULTURAL DEV 2,503,000
CONVENTION CENTER 12,702,000
OPERATIONS $193,194,000
CODE COMPLIANCE 4,647,000
PARKS & RECREATION 28,772,000
PUBLIC WORKS 6,548,000
Property Management 8,862,000
Sanitation 17,302,000
Sewer 37,465,000
Stormwa!er 11,926,000
Water 34,036,000
CAPITAL IMPROVEMENT PROJECTS 4,841,000
PARKING 47,657,000
FLEET MANAGEMENT 9,700,000
PUBLIC SAFETY $157,205,000
POLICE 94,963,000
FIRE 62,242,000
CITYWIDE ACCOUNTS $10,836,000
CITYWIDE ACCTS-Normandy Shores 187,292
CITYWIDE ACCTS-Operating Contingency 1,000,000
CITYWIDE ACCTS-Other 4,038,708
Carryforward from Prior Year Set Asides 5,610,000
Transfers $2,014,000
Capital Investment Upkeep Fund 219,000
Info & Comm Technology Fund 395,000
Pay-as-you-go Capital 1,400,000
CAPITAL RENEWAL & REPLACEMENT 1,859,000 $1,859,000
G.O. DEBT SERVICE 5,928,000 $5,928,000
RDA-City TIF Transfer only
City Center 17,318,000 17,318,000
TOTAL-All FUNDS $256,280,000 $5,928,000 $17,318,000 $161,088,000 $440,614,000 $59,328,000
176
PASSED and ADOPTED this 27th day of September, 2012.
ATTEST:
CITY CLERK
177
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/'')
/ j
I
Date
~~!iE f THURSDAY,
MiamiHe(a!d.com I MIAMI HERALD
lA
CITY OF MIAMI BEACH
NOTICE OF A SPECIAL
·CITY COMMISSION MEETING AND PUBLIC HEARINGS
-oL .,_,,..,_
NOTICE IS HEREBY given that a Special Commission Meeting regarding the Second Public Hearings to consider the adoption of the Millage
Rate and Budget for FY 2012/2013 will be held by the City Commission of the City of Miami Beach, Florida, on Thursday, September 27,
2012, commencing at 5:00p.m., in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida.
5:01p.m.
THE SECOND PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE MILLAGE RATES AND BUDGETS FOR FISCAL YEAR (FY)
2012/2013 FOR THE CITY OF MIAMI BEACH. .
5:02p.m.
THE SECOND PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR
(FY) 2012/2013 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT.
In addition, the City Commission may be discussing other City related bu.siness at this meeting.
Inquiries concerning this meeting should be directed to the Office of Budget and Performance Improvement at 305.673.7510.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed
to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall; Miami Beach, Florida 33139. Copies of these
items are available for public inspection du'ring normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor,
City Hall, Miami Beach, Florida 33139.
Rafael E. Granado, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the
City Commission with respect to l1,ny ·matter considered at its meeting or its hearing, such person must ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise Inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise ailow~d by law.
To request this material in accessible format, sign language interpreters, information on access for persons with' disabilities and/or any
accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at
305.673.7411 (voice) or TTY users may also call the Florida Relay Service at 711.
Ad II 726' , .
178
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Board Of Directors of The Normandy Shores Local Government Neighborhood
Improvement District adopting the final Ad Valorem Millage Rate Of 1.1444 Mills For The Normandy
Shores Neighborhood Improvement District, which is thirteen and seven-tenth (13.7%) more than the
"rolled-back" rate of 1.0063 mills.
ended Outcome Su orted:
se visibility of police; Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.):
In 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 final Ad Valorem Millage Rate?
Item Sum endation:
The proposed ad valorem millage recommended by the Administration is 1.1444 mills to provide the
current level of security required by this district. 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 $1 06,773. The 1.1444 mills will generate proceeds of $122,200, 65 percent of the proposed
district budget. In addition, the City of Miami Beach General Fund is required to provide 35% of the
total operating expenditures ($65,800). The City has funded the 35% for each of the nineteen years
since the District was established.
The increase of 0.0509 mills from the prior year millage represents an annual increase of $14.53 to
the City average 2012 homesteaded property of $285,517 taxable value (estimate based on Ad
Valorem Assessment Roll as of January, 2011 ), which is 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.
The total levy to the average homeowner is $327 per year ($27 per month).
The first public hearing on the tentative District millage rate and budget for FY 2012/13 was held on
September 12, 2012. The millage rates presented herein are those which were tentatively adopted at
the end of the first public hearing held on that day. 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.
Financial Information: -~~----r-------~----------~----Source of Amount
Funds:
N/A
OBPI
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Department Director Assistant City Manager Ci r
fa MIAMI BEACH AGENDA ITEM
DATE 9-J 7 ~/2... 179
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: September 27, 2012
SUBJECT:A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY
SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT
DISTRICT ADOPTING THE FINAL AD VALOREM MILLAGE OF 1.1444 MILLS
FOR FISCAL YEAR (FY) 2012/13 FOR THE NORMANDY SHORES LOCAL
GOVERNMENT DISTRICT, WHICH IS THIRTEEN AND SEVEN-TENTH
PERCENT (13.7%) MORE THAN THE "ROLLED-BACK" RATE OF 1.0063
MILLS.
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 sets the following:
1) The final adopted millage rate of the Normandy Shores Neighborhood
Improvement District for FY 2012/13:
General Operating 1.1444 mills ( 1.0935 mills last year)
2) The final adopted millage rate of 1.1444 mills is 13.7% more than the
"Rolled-Back" Rate of 1.0063 mills
The first public hearing on the tentative District millage rate and budget for FY 2012/13 was
held on September 12, 2012. The millage rates presented herein are those which were
tentatively adopted at the end of the first public hearing held on that day.
BACKGROUND
The Normandy Shores Local Government Neighborhood Improvement District (the 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.
The District 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
180
FY 2012/13 Normandy Shores Final Millage Rate
September 27, 2012
Page 2 of 3
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 the Golf Course assumes the cost.
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.
PROCEDURE
The operating millage and budget for this dependent special taxing district must be adopted
in accordance with Florida Statutes. This procedure requires that this Resolution be
considered immediately after the millage and budget of the principal taxing authority, i.e.,
City of Miami Beach.
It also prescribes that a tentative millage be adopted first. This is accomplished by adopting
a Resolution which states the percent increase or decrease over the "Rolled-back" rate, and
the date, time, and place of the second public hearing scheduled to adopt the final millage.
Following this, another Resolution which tentatively adopts the Normandy Shores District
operating budget must be approved. (See accompanying District Budget Agenda item for
details).
The statute requires the name of the taxing authority, the rolled-back rate, the percentage
increase, and the millage rate be publicly announced before adoption of the millage
resolution.
ANALYSIS
On July 1, 2012, the City received the 2012 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 for 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 2011
value of $103,688,864.
The proposed ad valorem millage recommended by the Administration is 1.1444 mills to
provide the current level of security required by this district. This tax levy will generate
proceeds of $122,200. The increase of 0.0509 mills from the prior year millage, 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, represents an annual increase of $14.53 to
the City average 2012 homesteaded property of $285,517 taxable value (estimate based on
Ad Valorem Assessment Roll as of January, 2011 ), and a total of approximately $327 per
year ($27 per month).
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
181
FY 2012/13 Normandy Shores Final Millage Rate
September 27, 2012
Page 3 of 3
$106,773. The required millage without the homeowner-requested additional security
camera maintenance and the living wage increase is 1.0592 (0.0343 mills below the FY
2011/12 rate). The proposed millage of 1.1444 is required to generate $122,200 in property
tax revenues by the district.
The rolled-back rate is the millage rate required to produce the same level of property tax
revenue in FY 2012/13 as collected in FY 2011/12. The rate is calculated as 1.0063 or
0.0872 mills less than the millage rate adopted for FY 2011/12.
Further, pursuant to State Statute, the City may elect to approve millage rates above the roll-
back rate up to the constitutional cap of 10 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 4.47% increase in Property Tax revenues). The
4.4 7% increase is the state per capita personal income gain for the prior calendar year.
• Option II: A two-thirds approval (5 of7 votes) of the Commission is required to approve a
millage up to 1.1564 (equivalent to a 10% 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 1.1444 requires therefore a two-thirds approval (5 of 7 votes) of the
Commission.
It must be noted that in accordance with State Statute, there is a 10 mill operating cap which
cannot be exceeded without voter approval. Combining both millages from the dependent
district ( 1.1444) and the principal taxing authority (6.0909) totals 7.2353 mills, which is
2.7647 mills less than the 10 mill cap.
The first public hearing on the tentative District millage rate and budget for FY 2012/13 was
held on September 12, 2011. The millage rates presented herein are those which were
tentatively adopted at the end of the first public hearing held on that day.
CONCLUSION
The City Commission, acting in its capacity as the Board of Directors of the District, should
adopt the attached Resolution which establishes a final millage.
182
RESOLUTION NO. ----
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD
IMPROVEMENT DISTRICT ADOPTING THE FINAL AD VALOREM
MILLAGE OF 1.1444 MILLS FOR FISCAL YEAR (FY) 2012/13 FOR
THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH
IS THIRTEEN AND SEVEN-TENTH PERCENT (13.7%) MORE THAN
THE "ROLLED-BACK" RATE OF 1.0063 MILLS.
WHEREAS, for the purpose of providing security services within the Normandy Shores
neighborhood area, the Mayor and City Commission adopted Ordinance No. 93-2881 on October
20, 1993, which authorized the creation of the Normandy Shores Local Government Neighborhood
Improvement District (District); and
WHEREAS, Section 200.065, Florida Statutes, specifies the method by which
municipalities may fix the operating millage rate and adopt an annual budget for dependent taxing
districts; and
WHEREAS, the maximum millage that can be approved by a simple majority (4/7) vote is
1.0513; anything beyond that requires a 517ths vote; and
WHEREAS, on July 18, 2012, the City Commission adopted Resolution 2012-27961 which
set the proposed operating millage rate for the District at 1.14 78 mills for the purpose of providing
security services within the District; and
WHEREAS, subsequent to the July 18, 2012 meeting, the millage calculations were further
refined, resulting to a lower millage rate; and
WHEREAS, accordingly, on September 12, 2012, pursuant to Section 200.065 of the
Florida Statues, the City Commission, acting as the Board of Directors of the District, held its first
duly noticed public hearing to consider the Tentative Ad Valorem Millage and Tentative Operating
Budget (FY 2012/13) for the District.
WHEREAS, accordingly, on September 27, 2012, pursuant to Section 200.065 of the
Florida Statues, the City Commission, acting as the Board of Directors of the District, held its
second duly noticed public hearing to consider the Final Ad Valorem Millage and Final Operating
Budget (FY 2012/13) for the District; and
NOW THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE
NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT,
that following a duly noticed public hearing on September 27, 2012, the Board hereby adopts the
Final Operating Millage rate of 1.1444 mills for the District for FY 2012/13, which is thirteen and
seven-tenth percent (13.7%) more than the "Rolled-back" rate of 1.0063 mills.
PASSED and ADOPTED this 27th day of September 2012.
Chairperson of the District
ATTEST:
Secretary to the District
183
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
. ''* MNE f THURSDAY, SEPTEMBER 2012
MiamiHe(afd.com I THE M1AMf HERAlD
NE
··---..:i: ··~·-··" ----
MIAMI
CITY OF MIAMI BEACH
NOTICE OF A SPECIAl
H
·CITY COMMISSION MEETING AND PUBLIC HEARINGS
--~~-
NOTICE IS HEREBY given that a Special Commission Meeting regarding the Second Public Hearings to consider the adoption of the Millage
Rate and Budget for FY 2012/2013 will be held by the Ci{y Commission of the City of Miami Beach, Flolida, on Thursday, September 27,
2012, commencing at 5:00p.m., in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida.
~ .
5:01p.m.
THE SECOND PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE MILLAGE RATES AND BUDGETS FOR FISCAL YEAR (FY)
2012/2013 FOR THE CITY OF MIAMI BEACH. ,
5:02p.m.
THE SECOND PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR
(FY) 2012/2013 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT.
In addition, the City Commission may be discussing other City related business at this meeting.
Inquiries concerning this meeting should be directed to the Office of Budget and Performance Improvement at 305.673.7510.
INTERESTED PARTIES are invited to appear at this mesUng, or be represented by an agent, or to express their views in writing addressed
to the Clty Commission, c!o the C!ty C!erk, i 700 Conventkm Center Drive, i st Floor, City Hall, Miami Beach, Florida 33139. Copies of these
items are avaUable for public inspection dl.iring normal business hours in the City Clerk's Office, 1700 Conventioo Center Drive, 1st Floor,
City Hall, Miami Beach, Florida 33139.
Rafael E. Granado, City Clerk
City of Miami Beach
Pursuant to Section 286.0"105, Fla. Stat., the City hereby advises the public that: l! a person decides to appeal any decision made by the
City Commission with respect to considered at Its meeting or Its hearing, such person must ensure that a verbatim record of
the proceedings Is made, which record includes the testlmony and evidence upon which the appeal is to be based. This notice does not
constitute consent by lhe City for th.e intreduotlon or admission of otherwise lnadmlsslb!e or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allow~d by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any
accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at
305.673.7411 (voice) or lfY users may also call the Florida Relay Service at 71 i.
Ad#726' . .
184
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution adopting the final operating budget for the Normandy Shores Local Government
Nei hborhood lm rovement District for Fiscal Year FY 2012/13.
Key Intended Outcome Supported:
l'E:crease visibility of police; Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.):
In 2009 Community Survey, both residents and businesses reported the following areas for the City to
address in an effort to improve public safety:
• Preventingcrime (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, approve the final operating
budget for the District for FY 2012/13 in the amount of $188,000?
Item Summary/Recommendation:
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 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, consistent with personnel cost
increases in other funds.
The first public hearing on the tentative District mill age rate and budget for FY 2012/13 was held on
September 12, 2012. The City Commission adopted the tentative millage of 1.1444 and the operating
budget for the district in the amount of $188,000.
Advisory Board Recommendation:
Financial Information:
Source of
Funds:
Amount
1 $ 122,200
2 65,800
$ 188,000
Cit Clerk's Office le islative Trackin
n-Offs:
Department Director Assistant City Manager
MIAMI BEACH 185
eneral Fund
AGENDA ITEM R1 B z
DATE _9_-cJ_l_-1---'-
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 Comm ion
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY
SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT
ADOPTING THE FINAL OPERATING BUDGET FOR FISCAL YEAR (FY}
2012/13.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution which establishes the final operating budget for the Normandy Shores
Local Government Neighborhood Improvement District for FY 2012/13 in the amount of
$188,000.
BACKGROUND
The Normandy Shores Local Government Neighborhood Improvement District (the 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.
The District 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 the Golf Course assumes this cost.
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.
PROCEDURE
The operating millage and budget for this dependent special taxing district must be adopted
in accordance with Florida Statutes. This procedure requires that this Resolution be
considered immediately after the final millage for Normandy Shores District has been
adopted (See accompanying District Millage Agenda Item for details).
186
FY 2012/13 Normandy Shores Adopted Budget
September 27, 2012
Page 2 of 2
ANALYSIS
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.
To provide the current level of security required by this district, the Administration
recommends the proposed ad valorem millage of 1.1444 mills. This tax levy will generate
proceeds of $122,200. The increase of 0.0509 mills from the prior year millage represents
an annual increase of $14.53 to the City average 2012 homesteaded property of $285,571
taxable value (estimate based on Ad Valorem Assessment Roll as of January, 2011 ), a total
of approximately $327 per year ($27 per month).
On September 12, 2012, The Mayor and City Commission adopted the tentative operating
budget for the District in the amount of $188,000 and the operating millage of 1.1444.
The final operating budget for the District is as follows:
Revenues
Ad Valorem Tax $ 122,200
City's General Fund 651800
Total $ 188,000
Expenses
Security Service $ 164,500
Maintenance 231500
Total $ 188,000
CONCLUSION
The City Commission, acting in its capacity as the Board of Directors of the Normandy
Shores Local Government Neighborhood Improvement District, should adopt the attached
Resolution which establishes a final operating budget.
KGB:TF
187
RESOLUTION NO. ----
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY
SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT
ADOPTING THE FINAL OPERATING BUDGET FOR FISCAL YEAR (FY) 2012/13.
WHEREAS, for the purpose of providing security services within the Normandy
Shores neighborhood area, the Mayor and City Commission adopted Ordinance No. 93-2881
on October 20, 1993, which authorized the creation of the Normandy Shores Local
Government Neighborhood Improvement District (District); and
WHEREAS for the purpose of providing security services within the District, a final
budget has been developed to fund projected FY 2012/13 operating expenses; and
WHEREAS, accordingly, on September 12, 2012, pursuant to Section 200.065 of the
Florida Statues, the City Commission, acting as the Board of Directors of the District, held its
first duly noticed public hearing to consider the Tentative Ad Valorem Millage and Tentative
Operating Budget (FY 2012/13) for the District; and
WHEREAS, accordingly, on September 27, 2012, pursuant to Section 200.065 of the
Florida Statues, a public hearing was held before the Mayor and City Commission, acting as the
Board, to discuss the operating millage rate and operating budget for the District for FY
2012/13.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS
OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD
IMPROVEMENT DISTRICT, that following a duly noticed public hearing on September 27,
2012, the Board hereby adopts the final operating budget for the District for FY 2012/13 as
summarized and listed below:
Revenues
Ad Valorem Tax
City's General Fund
Expenses
Security Service
Maintenance
Total
Total
Budget
1.1444 Mills
$ 122,200
65,800
$ 188,000
$ 164,500
23.500
$ 188,000
PASSED and ADOPTED this 27th day of September, 2012.
ATTEST:
Secretary to the District
188
APPROVED AS TO
Chairperson of thfORftAiGLANGUAGE
& FOR EXECUTION
14NE t THURSDAY, SEPTEMBER 2012
~~,~,~' '" ,,, '~ "~'
NE
MIAMIB
CITY OF MIAMI BEACH
NOTICE OF A SPECIAl..
·CITY COMMISSION MEETING AND PUBLIC HEARINGS
NOTICE IS HEREBY given that a Special Commission Meeting regarding the Second Public Hearings to consider the adoption of the Millage
Rate and Budget for FY 2012/2013 will be held by the Cify Commission of the City of Miami Beach, Flolida, on Thursday, September 27,
2012, commencing at 5:00 p.m., in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention C~nter Drive, Miami Beach, Florida.
5:01p.m.
THE SECOND PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE MILLAGE RATES AND BUDGETS FOR FISCAL YEAR (FY)
2012/2013 FOR THE CITY OF MIAMI BEACH. .
p.m.
THE SECOND PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR
(FY) 2012/2013 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT.
In addition, the City Commission may be discussing other City related business at this meeting.
Inquiries concerning this meeting should be directed to the Office of. Budget and Performance Improvement at 305.673.7510.
INTERESTED PARTIES are invited to app¢af at this meeting, or he represented by an agent, or to express their views in writing addressed
to the City Commission, o/o the City Clerk, i 700 Convention Center Drive, 1st Floor, City Hell. Miami Beach, Florida 33139. Copies of these
items are eval!s.ble for public ins~tion during normal buslness hours in the City Clerk's Office, i 700 Convention Center Drive, 1st Floor,
City Hall, Miami Beach, Florida 33139.
Rafael E. Granado, City Clerk
City of Miami Beach
Pursuant to SecHon 286.0105, Fla. the City hereby advises the pubtic that: If a perecn decides to appeal any decision made by the
City Commission wlth respect to <¥\Y considered at Its maetinQ 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 th~ Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authori;::e
challenges or appeals not otherwise allow~d by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any
accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at
305.673.7411 (voice) or TTY users may also call the Florida Relay Service at 711.
Ad #726' .
189
190
COMMISSION ITEM SUMMARY
resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving the Capital
mprovement Plan for FY 2012/13-2016/17; and appropriating the City of Miami Beach Capital Budget for Fiscal Year
2012/13.
orted:
re well designed quality capital projects-Increase Community Satisfaction with City Services
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2012 Community Survey, storm drainage was
identified as an area for improvement, although improved from prior years; arts and culture was one of the services
identified that the city should strive not to reduce; and traffic flow, conditions of roads, and availability of public
parking, were all identified as key drivers of overall satisfaction levels. Further, the following have been prioritized as
key Intended outcomes for the City's Strategic Plan: Increase satisfaction with family recreational activities, Improve
Convention Center facility, Enhance mobility throughout the city, Improve parking availability, Ensure value and timely
delivery of quality capital projects, Maintain City's infrastructure, Improve Storm drainage system, Improve processed
through Information Technology. The Proposed FY 2012/13 Capital Budget and the Proposed CIP for FY 2012/13
2016/17 includes fundin for ca Ita! ro"ects to address each of these
·'Recommendation:
The CIP was created as a plan for projects that require significant capital investment and Is Intended to serve as an
official statement of public policy regarding long-range physical development in the City of Miami Beach, establishing
priorities for the upcoming five year period, FY 2012/13-2016/17. The first year of the CIP is recommended for
appropriation as the FY 2012/13 Capital Budget with $51,356,349 ($66,839,009 net of the City Center RDA and
Anchor Garage appropriation of $15,482,660)" recommended for appropriation at this time.
Advisory Board Recommendation:
On July 9, 2012 and August 22, 2012 the Proposed Capital Budget and updated ClP was discussed at meetings of
the Finance and Citywide Projects Committee and adjustments were made to the funding recommendations
presented.
Amount Account
$51,356, arious-See attachment A of Resolution FY 2012/13
Assistant City Manager
MIAMI BEACH 191
AGENDA ITEM-::-:-=,..;--
DATE ___;!;.__;:..:L......J:....;=...
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: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE CAPITAL IMPROVEMENT PLAN
FOR FISCAL YEARS (FY) 2012/13-2016/17 AND APPROPRIATING THE CITY
OF MIAMI BEACH CAPITAL BUDGET FOR (FY) 2012/13
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Planning for capital improvements is an ongoing process; as needs change within the City,
capital programs and priorities must be adjusted. The Capital Improvement Plan ("CIP")
serves as the primary planning tool for systematically identifying, prioritizing and assigning
funds to critical City capital development, improvements and associated needs.
The City's capital improvement plan process begins in the spring when all departments are
asked to prepare capital improvement updates and requests on the department's ongoing
and proposed capital projects. Individual departments prepare submittals identifying
potential funding sources and requesting commitment of funds for their respective projects.
In the spring of 2006, the City created a Capital Budget Process Committee comprised of
the Capital Improvements Office, Department of Public Works, Planning Department, Fire
Department, Parks and Recreation Department, Parking Department, and Fleet
Management Department, together with the Finance Department and the Office of Budget
and Performance Improvement. The Committee is responsible for reviewing and prioritizing
new capital projects that will be funded in a given fiscal year, and for recommendation of
funding allocations from authorized sources for the prioritized projects. The Committee
developed and implemented a structured committee process for development of the Capital
Plan and Budget, including review criteria projects must meet in order to be considered for
funding. Under the Capital Budget Process Committee process, departments submit
proposed new project requests which staff reviews, there is a sign-off by impacted
departments, and a preliminary prioritization of the projects. The process is reviewed and
refined annually by the Committee.
Based on the direction received from the Finance and Citywide Projects Committee in
February 2008, the process was modified to allow for early input to the prioritization process
by the Commission, subject to the availability of funds. Under the revised process, a
preliminary list of unfunded projects is presented to the Commission or the Finance and
Citywide Projects Committee, providing the opportunity for input and prioritization. This is
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consistent with the process for Commission input regarding operating budget priorities and
the format used is similar to that used to seek guidance on operating budget priorities in
prior years. The Capital Budget is adopted at the second budget hearing in September.
COMMITTEE REVIEW
On July 9, 2012 and July 25, 2012, capital funding priorities were discussed at meetings of
the Finance and Citywide Projects Committee. The Interim City Manager, Assistant City
Managers, the Capital Improvement Project Office Director, other Department Directors, and
other City staff were available to discuss specific projects and respond to the Committee's
questions.
Per the direction of the Finance and Citywide Projects Committee at their July 9, 2012
meeting, the following changes were made:
• North Beach Town Center Complete Streets in the amount of $1,671,724 was
recommended to be more appropriately funded in future years through Miami Dade
County lnterlocal funding rather than using North Beach Quality Of Life funds.
• South Point Pier's funding was changed from South Beach Quality of Life to South
Point Capital totaling $568,428 as a more suitable funding source.
• Five Parks and Recreation projects (Crespi Park Field Renovation-$88,500, Fisher
Park irrigation system restoration -$49,800, Flamingo Park Madvac System -
$37,570, Stillwater Park Sports Field Landscape and irrigation -$115,450, and
Tatum Park Sand Volleyball Construction-$90,751) were moved from future years
to be funded in the FY2012/13 budget.
• 11 00 Lincoln Road Uplighting Replacement was removed as it was already reflected
as a Capital Renewal and Replacement project.
Subsequent to both Finance and Citywide Projects Committee meeting on July 9, 2012 and
July 25, 2012, the following changes were made:
• Sixth Street Restrooms had an additional $102,526 in South Beach Quality Of Life
funding due to cost increases in the project.
• The Citywide Dune Restoration and Enhancement project totaling $433,663 was
moved from future years to be funded in the FY 2012/13 budget per
recommendation from the Neighborhood and Community Affairs Committee.
• Collins Park Parking Garage's 2012/2013 funding request was decreased to
$10,197,031 as this project is funded over two years (FY2012/13 and FY2013/14)
and the FY2013/14 appropriation is $12,223,270.
• FY 2012/13 AIPP funding for Sunset Harbor Garage was removed as there was
sufficient available project contingency.
• The Multi-Purpose Parking Facility Remediation project was created with a $700,000
funding request from the original project.
The following funding for capital projects are programmed in the FY 2011/12-FY 2015/16
CIP as a result.
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Pointe Pier
ntion Center-Replace Disconnects of Cooling Towers
ntion Center -Replacement of Exhibit Hall Chairs
Property Management Facility-Relocation of Parking Meter
and Si n Sho
Circuit Television System
Circuit Television System Penn Garage
e lot 12X @ 9th street and Washington Ave.
ce Lot 22X N Shore Youth Center
Curb Ramp lnstallation/Maint
s Canal
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In addition the following projects previously unfunded in future years were recommended for
funding:
204,750
674,400
88500
49,800
37,570
$1,261
The following new projects were recommended for FY 2012/13 funding at the Finance and
Citywide Projects Committee meetings:
New Projects for FY 2012/13 FY 2012/13 Pro=
~Access Gates 143,
de Dune Restoration and Enhancement 4
Alton Road Irrigation System from 5th Street to Michigan Avenue 140,000
Collins Ave 5th Street to Lincoln Rd 450,486
Aluminum Streetlighting Pole Replacement City Center RDA 200,000
Beachwalk Lighting Retrofits 665,625
Euclid Ave. Improvements at Lincoln Rd (City Center) 416,820
South Pointe Park Playground Fence 184,000
54 Inch Diameter Sewer Force Main Rehab/Replacement (two pipe 1,200,000
Convention Center-Installation of ADA automatic doors 35,000
Convention Center-Interior Bus Duct Replacement 250,000
Convention Center-Replacement of C ballroom and D catwalk 30,
Convention Center -Replacement of ballroom C & D Carpet 40
Convention Center-Replacement of one 4000 amp main u'"""""' 8
Convention Center-Infrared testing to include maintenance of all 150,00
Convention Center -Replacement of eight (8) three-way chilled 40,000
vention Center -Replacement of two (2) 100 ton chilled water 200,000
nse Plate Recognition Vehicles and Handhelds ~ Master Meter Phase IV 1
Revenue Control Equipment upgrade PH I 494,000
Miami Beach Transportation Improvement and Implementation 150,000
Total $7,699,994
In addition the FY 2012/13 Capital Budget reflects $3.3 million in repayment from South
Pointe Capital Funds to Parking Funds for the 5th Street and Alton Road Joint Venture.
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The following projects were also added as projects to be considered for funding in the
future:
~ New Future Year Projects Future Year
Funding
lng Basketball Courts at Normandy Isle Park 55,000
Flamingo Park Baseball Stadium Scoreboard 25,000
Flamingo Park Softball and Soccer Artificial Field Turf 800,000
Replacement of Pool Umbrellas at Normandy Isle, Flamingo and Scott 30,000
Rakow Pools
Repainting and Repair of the perimeter fences of the north end parks 115,000
Installation of new lighting in the parking lot area of the Normandy Shores 49,500
Golf Club
~-;~ 105,626
end Sidew:lk Renovation within Multiple City Parks 196,000
Sheridan Ave. Parking Between 28th Street & Pine Tree Drive 203,948
1 ... ... er Plan 75,000
Alton Road Medians 2000 -6300 72,089
MC Arthur Causeway Medians 27,500
Nautilus/Orchard Park Tree Replacement 119,000
Convention Center -Replacement of rooftop fresh air intake hoods 100,000
Convention Center -Replacement of all MBCC chilled water air handlers 8,000,000
Convention Center-Exhibit Halls Floor and Infrastructure replacement. 17,625 000
Convention Center -Carpet Replacement 3, '"'"' ,..,,..,,..,
Convention Center-Interior west side buss duct replacement 4,000,000
Convention Center-Install new carp swipe locking system 1,200,000
~vention Center -Install digital signage throuohout the facility 1,600,~~ vention Center-Install new drinking stations. 100 0
$37,498,663
al
Finally, the following projects, previously included in the FY 2011/12 Capital Budget and FY
2011/12-2015/16 CIP, have been deleted for the reasons stated below:
Reason Deleted
leted
Project Completed
Recommended to be included ·
ompleted
Project Cancelled
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Park ancillary improvements
Sunset Harbor Parking Garage
Little Stage Complex
Convention Center-Security Camera System
U rades
ancelled
ompleted
roject Completed, future years now a separate project.
eROPOSED FY 2012/13 CAPITAL BUDGET AND FY 2012/13 -FY 2012/13-FY 2016/17
CAPITAL IMPROVEMENT PLAN (PROPOSED CAPITAL BUDGET AND CIP)
Beginning in FY 2012, Capital Renewal and Replacement projects are included as projects
in the Proposed Capital Budget and CIP. These projects provide for renewal and
replacement of capital items related to our facilities and infrastructure over and above
routine maintenance, and are funded by a dedicated millage for renewal and replacement
funding to be used for capital projects that extend the useful life of the City's General Fund
assets. In prior years, these projects were appropriated by a separate authorizing resolution
of the Commission. Beginning in FY 2011/12, these are now incorporated into the capital
budget and CIP document and appropriated at the same time as the rest of the capital
budget. The FY 2012/13 proposed dedicated millage of 0.1083 mills is projected to generate
$1.8 million for the General Fund Capital Renewal and Replacement Fund. In addition,
based on the ongoing review of projects funded in prior years, approximately $0.6 million is
available as Renewal and Replacement Fund Balance as of 9/30/11 for funding General
Fund renewal and replacement projects, resulting in a total of $2.4 million available for
funding FY 2012/13 General Fund renewal and replacement projects. Renewal and
replacement projects for facilities that are not supported by the General Fund are funded
from available cash balances in the respective Internal Service or Enterprise Funds, e.g.
Fleet, Sanitation, Property Management, Water, Sewer, Stormwater, Parking, and
Convention Center. City Center Redevelopment Area (RDA) projects are funded through the
City Center RDA budget..
Proposed Parking renewal and replacement projects for FY 2012/13 total $803,495 including
the ih Street Parking Garage Fund. Fleet Management FY 2012/13 renewal and
replacement projects total $82,804. The City Center RDA FY 2012/13 renewal and
replacement projects total $219,373, with an additional $485,488 for Miami City Ballet. The
Anchor Shops and Parking Garage Fund, which is separate because it is not part of the Tax
increment funding of the RDA, has FY 2012/13 renewal and replacement needs totaling
$539,660. The proposed Capital Budget also reflects $3.9 million in General Fund Vehicle
Equipment Replacement. Of note, a significant review of projects for closeout was
completed in FY 2011/12.
ANALYSIS
Capital Improvement Plan
The FY 2012/13-FY 2016/17 CIP for the City of Miami Beach is a five year plan for public
improvements and capital expenditures by the City. This document is an official statement
of public policy regarding long-range physical development in the City of Miami Beach. The
approved Capital Improvement Plan has been updated to include projects that will be active
during FY 2012/13 through 2016/17.
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The Plan has been updated to include additional funding sources that have become
available, changes in project timing, and other adjustments to ongoing projects as they have
become better defined. Certain adjustments have been made to reflect projects that have
been reconfigured, re-titled, combined with or separated from other projects and/or project
groupings. These adjustments have no fiscal or cash impact and are as a result of a
comprehensive review of the program to insure that our plan accurately reflects all project
budgets, funding sources and commitments.
The Plan also contains information on appropriations prior to FY 2012/13 for ongoing/active
projects, as well as potential future appropriations beyond FY 2016/17. In conjunction with
the development of the FY 2012/13 Capital Budget and CIP, the City began to develop a list
of potential projects that may be funded in the future, including projects that have been
approved as part of a plan but not yet sequenced or approved for funding. Over time, it is
anticipated that this list will be expanded.
Financings
A number of capital financing transactions are reflected in the Capital Improvement Plan
including: General Obligation Bonds, Stormwater Revenue Bonds, Water and Sewer
Revenue Bonds, Gulf Breeze Loans and an Equipment Loan.
In 1995, the City issued $59 million in Water and Sewer Revenue Bonds. In 1997, the City
paid $15 million for the 1996 authorized General Obligation Bonds to construct, renovate
and rebuild parks and recreation facilities within the City's park system.
In 2000, the City issued the initial $30,000,000 of the authorized $92,000,000 1999 General
Obligation Bond. These funds were issued to expand, renovate and improve fire stations
and related facilities; improve recreation and maintenance facilities for parks and beaches;
and improve neighborhood infrastructure. In 2000, the City also issued $54,310,000 in
Water and Sewer Bonds and $52,170,000 in Stormwater Revenue Bonds. In addition, the
City was granted a $4 million Section 108 U.S. Housing and Urban Development Loan for
improvements to neighborhood streets, North Shore Park and Youth Center.
In 2001, the City executed loan agreements with the City of Gulf Breeze, Florida, providing
$15 million for the renovation and improvement of two City owned golf courses and their
related facilities. The City issued the remaining $62,465,000 of the referendum approved
$92 million General Obligation bonds in July 2003 for improving neighborhood infrastructure
in the City.
Based on current project schedules, additional water and sewer, and stormwater financing,
previously anticipated for FY 2007/08 are now financed over a series of years. The FY
2007/08 Capital Budget and CIP anticipated $47.8 million in new water and sewer financing
and $79.7 million in new stormwater financing. In 2006 and 2010, the City executed loan
agreements with the City of Gulf Breeze, Florida, providing an additional $24 million and $30
million for water and sewer projects, respectively. In FY 2008/09, a line of credit was issued
and was used to fund projects in advance of issuing water and sewer and storm water
bonds. Under this approach, the City uses the line of credit in order to have the necessary
funding capacity to enter into new projects. This also allows the City more time to both build
the necessary rate capacity to issue additional tax-exempt bonds through rate increases and
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also spend down the current committed but unspent bond proceeds. This phased approach
provides the City with more time to refine the cost estimates for projects planned to be in
construction prior to issuance of bonds. In FY 2011/12, approximately $50 million in
stormwater bonds were issued replacing funding for projects previously funded by the line of
credit.
Project
48" Outfall at Easement 4180-4200 Chase
Bay Road Pump Station Outfall
Bayshore BP-8B I Lower No. Bay Road
Bayshore BP-8C I Lake Pancoast
shore BP-8D
Bayshore Sunset Island 1 & 2 ROW BP-8E
Belle Isle Outfall Pipe Replacement
Biscayne Point Neighborhood Improvement
Citywide Storm water Master Plan
Drainage Hot Spots (4400 Middle N. Bay Road)
Drainage Improvements-North Bay Road & 56
Street
Flamingo Neighborhood Bid Pack A
Flamingo Neighborhood Bid Pack C
La Gorce ROW
autilus Neighborhood Improvements
orth Bay Road Drainage lmprov
Isle Neighborhood Improvements
Normandy Shores Neighborhood Improvements
Oceanfront Neighborhood Improvements
Palm & Hibiscus Island Enhancements
ROW Improvements on Prairie Ave.
Seawall-Lincoln Road Street end West
Star Island ROW
Sunset Harbor Pump Station Upgrades
Venetian Neighborhood -Venetian Islands
West Avenue/Bay Road Improvements
Total
No Water and Sewer Bonds were issued in FY 2011/12.
199
2012 Stormwater Bond -
Resolution 2011-27782
5,958,073
355,913
59,968
202,776
2,106,942
383,246
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The FY 2012/13 Capital budget includes $11,007,904 in proposed Stormwater projects to be
funded from the Line of Credit, Storm Water Operating Fund, Stormwater Capital Reserves,
and recaptured funding from closed capital projects.
Pro'ect Name
Road Utilities from 5th Str
285,900
347,509
362,105
rades
In addition, there is approximately $10.4 Million in proposed water and sewer funded
projects that are projected to be funded in FY 2012/13. These projects are proposed to be
funded from the Water & Sewer Operating Fund, Water and Sewer Capital Reserves, and
recaptured funding from closed capital projects.
Proposed Water
& Sewer FY-
Water & Sewer Projects 2012/13
Alton Road Utilities from 5th Street to Michigan Ave 2 795 625
I Collins Avenue Lighting and Utilities from 5th Street to 15th
I Street 266,250
Palm & Hibiscus Islands 3,856,600
,... Pump Station #1 -11th/Jefferson 1,000,000
Bayshore Central -Bid Pack A 346 807
Bayshore Neiqhborhood Sunset Island 1 & 2 -Bid Pack E 876,499
I Bayshore Neighborhood Sunset Island 3 & 4 -Bid Pack D 426,000
D. 1 "'"'e Pancoast BPC/ Alton 20'Water Line 28,216
~ , North Bay Road -Bid Pack B 326,394
Venetian Islands Bid Pack C 526 715
Total ct1n .ll.llO
The Stormwater Master Plan provides comprehensive recommendations for improving the
City's stormwater management system performance for the next 20 years. Consideration
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has been given to potential sea-level rise, water quality of Biscayne Bay, and
operations/maintenance of an expanded system. The Stormwater Master Plan's capital
improvements allow the City's stormwater systems to be flexible and adaptable in meeting
the increasing flood control level of service performance targets and regulatory demands.
The Stormwater Master Plan estimates $62 million (including soft costs and contingency) in
required funding over the next 5 years. The FY 2012/13-FY 2016/17 CIP includes $59
million in additional funding for projects forecasted over the same period (La Gorce-$10.3
million, Sunset Islands 3 & 4-$2.7 million and Flamingo/West Avenue-$46 million) which
together with previously appropriated funding for these projects totals $62 million.
Proposed Capital Budget
The City's proposed annual capital budget contains capital project commitments
recommended for appropriation for FY 2012/13 (Proposed Capital Budget). Preparation of
the Proposed Capital Budget occurred simultaneously with the development of the FY
2012/13-2016/17 CIP and FY 2012/13 proposed operating budget.
The Proposed Capital Budget presents project budgets for both the current and new capital
projects necessary to improve, enhance and maintain public facilities and infrastructure to
meet the service demands of residents and visitors to the City of Miami Beach. Capital
reserves, debt service payments, and capital purchases found in the operating budget are
not included in this budget. However, we have included a capital equipment section, which
itemizes purchases of major capital equipment, fleet, light and heavy equipment and
information technology related acquisitions. The Proposed Capital Budget for FY 2012/13
appropriates funding for projects that will require commitment of funds during the upcoming
fiscal year, including construction contracts and architect/engineer contracts to be awarded
during the upcoming year and capital equipment acquisitions recommended for
appropriation in conjunction with the FY 2012/13 Operating Budget.
A Pay-As-You-Go component of the Capital Budget was established in FY 2005/06 for new
projects or unfunded scope in existing projects. In FY 2012/13, $2,625,823 in Pay-As-You-
Go funding for projects is recommended. These are offset by Pay-As-You-Go and capital
reserve funds previously re-captured from the deappropriation for purchase of 80 SCBAs by
the Fire Department.
The Pay-As-You-Go projects recommended for funding are the Bayshore Neighborhood-
Bid Packs A, C&D, Crespi Park Field Renovation, Fire Station #2 Training Annex, Fisher
Park Irrigation System Restoration, Flamingo Park Madvac System, Muss Park Kayak
Launch, Polo Park Playground Renovation, Property Management Facility, Seawall-Muss
Park Rehabilitation, Stillwater Park Sports Field Landscaping & Irrigation and the Tatum
Park Outdoor Sand Volleyball project.
Approximately $3.9 million is recommended for appropriation from the Miami-Dade County
Convention Development Tax (COT) lnterlocal Agreement funds for Baywalk Phase 1,
Collins Ave Utilities from 5th To Lincoln, Middle Beach Rec Corridor Ph II and The Par 3 Golf
Course Master Plan.
Approximately $7.7 million is recommended for appropriation from the South Pointe Capital
fund and pre-termination South Pointe RDA funds for several projects in the South Pointe
area including Sewer Force Main Rehabilitation, 5th St & Alton Rd Joint Venture Repayment,
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Flamingo 6 Street Right Of Way improvements, South Pointe Park-Playground Fences and
the South Pointe Pier.
The Proposed Capital Budget includes $369,940 for technology projects with their
associated contingency:
• Automated Vehicle Locator system Phase 3
• Development of Mobile Apps
• MBPD Off-Duty Employment Software
• Paperless Attachments in EDEN
• Tech Enhancements for Accela
• Updated Automation of Cleanliness Application
The Proposed Capital Budget and CIP also includes $2.4 million in Renewal and
Replacement Funds for upkeep of General Fund facilities, and $3.9 million for General Fund
Vehicle Equipment Replacement.
Approximately $1.9 million is recommended for Convention Center Funds, including various
repairs, installation of ADA automatic doors, replacement of Ballroom C&D carpet, Exhibit
Hall Chairs, Air Handlers, Main Breakers and Cooling Tower Disconnects.
The Proposed Capital Budget includes $1.1 million in funding for various transportation
improvement projects, including Crosswalks, Curb Ramp Installations, the Miami Beach
Trans Improvement Study, Pedestrian Crossing Improvements, Right Of Way Improvement
Projects and the West Ave Bridge Over Collins Canal.
The Proposed Capital Budget has also been updated to reflect $2.6 million in the ongoing
parking lot and garage refurbishment and replacement program with projects recommended
for FY 2011/12 including the Closed Circuit Television System, Master Meter Phase IV and
Revenue Control Equipment Phase I.
Further, it is anticipated that there will continue to be a phased approach for the issuance of
water, sewer and stormwater financing. Under this approach, the City has accessed a line
of credit to allow the City to have the necessary funding capacity to enter into new projects,
while allowing the City more time to both build the necessary rate capacity to issue additional
tax-exempt bonds through rate increases and also spend down the current committed but
unspent bond proceeds.
FY 2012/13 Proposed Capital Budget by funding source:
Fundin
$2,447,592
W&S GBL Series 2010 Bonds
Water & Sewer Bonds 2000S
Information & Communications Techn
uth Pointe Ca ital 7,750,153
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A-Anchor Gara e Fund
C COT lnterlocai-CDT/Resort Tax Eli ible
Stormwater LOC Reso. No 2009-27076
3
$66,839,009
FY 2012/13 Proposed Capital Budget by program area:
Pro ram Area
Brid es
Environmental
Parkin Lots
nter
I and Re lacement
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$3,197,993
$66,839,009
It is recommended that $66,839,009 be appropriated at this time.
Net of the City Center RDA and Anchor Garage appropriation of $15,482,660 the proposed
appropriation is $51,356,349.
In FY 2011/12 separate capital funds were established for South, Mid and North Beach
Quality of Life in order to more easily track each of these funds. Previously all had been
included in one fund. In FY 2012/13, $1,680,052 in unappropriated funds will be transferred
from 1% Quality of Life Resort Tax Fund to the following funds: South Beach Quality of Life
Resort Tax Fund ($362, 1 04), North Beach Quality of Life Resort Tax Fund ($662,931 ), and
Middle Beach Quality of Life Resort Tax Fund ($655,017).
CONCLUSION:
The Administration recommends approving the Capital Improvement Plan for FY 2012/13-
2016/17, and appropriating the City of Miami Beach Capital Budget for Fiscal Year (FY)
2012/13.
204
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE CAPITAL IMPROVEMENT
PLAN FOR FISCAL YEARS (FY) 2012/13-2016/17 AND APPROPRIATING
THE CITY OF MIAMI BEACH CAPITAL BUDGET FOR FY 2012/13
WHEREAS, the FY 2012/13-2016/17 Capital Improvement Plan (CIP) for the City of Miami
Beach is a five year plan for public improvements and capital expenditures by the City, this
document is an official statement of public policy regarding long-range physical development in the
City of Miami Beach; and
WHEREAS, the first year of the FY 2012/13-2016/17 CIP represents the Capital Budget
appropriation for FY 2012/13; and
WHEREAS, since that time the City has issued additional General Obligation Bonds pursuant
to referendum; Water and Sewer Revenue Bonds; Stormwater Revenue Bonds; 2001, 2006 and
2010 Gulf Breeze Loans; 2010 Parking Bonds; 2011 Stormwater Bonds; a $15 Million Equipment
Loan; and
WHEREAS, beginning in FY 2005/06, the City committed to funding a Pay-As-You-Go
component of the capital budget funded from General Fund Revenues, as well as committing to
using Resort Tax Quality of Life funds in North, Middle, and South Beach for capital projects; and
WHEREAS, the approved CIP has been updated to include projects that will be active during
FY 2012/13 through 2016/17; and
WHEREAS, the proposed capital budget itemizes project funds to be committed during the
upcoming fiscal year detailing expenses for prpject components which include architect and
engineer, construction, equipment, Art in Public Places, and other related project costs; and
WHEREAS, on July 9, 2012 and August 22, 2012 the FY 2012/13 capital funding priorities
were discussed at meetings of the Finance and Citywide Projects Committee and adjustments were
made to the funding recommendations presented; and
WHEREAS, subsequent to the August 22, 2012 Finance and Citywide Projects Committee an
additional $102,526 in FY 2012/13 South Beach Quality Of Life funding was proposed for the 61h
Street Restroom project due to cost increases in the project, the Citywide Dune Restoration and
Enhancement project totaling $433,663 was moved from future years to be funded in the FY
2012/13 Budget per recommendation from the Neighborhood and Community Affairs Committee,
Collins Park Parking Garage's FY 2012/13 funding request was adjusted to $10,197,031 due to
availability of additional City Center Redevelopment District Funding and the FY 2013/14
appropriation is adjusted to $12,223,270 accordingly, FY 2012/13 AIPP funding of $213,591 for
Sunset Harbor Garage was removed as sufficient funding was available from project contingency,
the Multi-Purpose Parking Facility Remediation project was created with a FY 2012/13 $700,000
funding request from the original Multi-Purpose Parking Facility project; and
WHEREAS, the Capital Budget for FY 2012/13 therefore totals $66,839,009 with $51,356,349
($66,839,009 Net of the City Center RDA and Anchor Garage appropriation of $15,482,660)
recommended for appropriation at this time for projects and capital equipment acquisitions; and
205
WHEREAS, based on current project schedules, additional water and sewer, and stormwater
financings are financed over a series of years; and
WHEREAS, under this approach, the City utilizes a line of credit to allow the necessary rate
capacity to issue additional tax-exempt bonds through rate increases and also spend down the
current committed but unspent bond proceeds; and
WHEREAS, the proposed sources of funding for the FY 2012/13 Capital Budget are included
in "Attachment A"; and
WHEREAS, the proposed projects to be appropriated with the FY 2012/13 Capital Budget and
the five-year CIP are included in Attachment "B"; and
WHEREAS, In FY 2012/13, $1 ,680,052 in unappropriated funds will be transferred from 1%
Quality of Life Resort Tax Fund to the following funds: South Beach Quality of Life Resort Tax Fund
($362, 104 ), North Beach Quality of Life Resort Tax Fund ($662,931 ), and Middle Beach Quality of
Life Resort Tax Fund ($655,017).
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 adopts the
Capital Improvement Plan for FY 2012/13 through 2016/17; and appropriates the City of Miami
Beach Capital Budget for FY 2012/13 and transfers $1,680,052 in unappropriated funds from 1%
Quality of Life Resort Tax Fund to the following funds: South Beach Quality of Life Resort Tax Fund
($362, 1 04), North Beach Quality of Life Resort Tax Fund ($662,931 ), and Middle Beach Quality of
Life Resort Tax Fund ($655,017).
PASSED AND ADOPTED THIS 27th DAY OF SEPTEMBER 2012.
Attest:
CITY CLERK
206
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOt-l EXECUTION
ATTACHMENT A
FY 2011/12 CAPITAL BUDGET
SUMMARY OF FUNDING SOURCES
Pro ram Area
rovements
207
N 0 00 -=-' PROJECT pkslinrosi pfcartinpp pwnbridlgl rwmicbridg pwcoodrep rwl'l73brldg rwcweavbri pfslighlre pfsdisclws pfsoonvclr pfsrepSway pfsseccamr pfs1200ton pfsaircond plsavmainr plcairwall plsbussduc pfsairhand pfsconcfut pfscatbeam pfscleafut PROGRAM 400 Block Lincoln Rd Site lmprov Wing Fund 147 Art in Public Places Bridge Light (77 St I Hawthorne Ave) Indian Creek Pedestrian Bridges l3rklge Repairs Bridges: Holocaust, Biarrltz, Foontaln West Ave Bridge Over Collins Canal CC-Ljghting ReplaC$rnent. MeeHng/Ballro< CC-ReplaC$ Oisconnects of Cooling TOW\!. cc-Replace Chiller Water Vallie CC-Additional Security Cameras CC-Addtl 1200 ton chiller & (2) 800 cool CC-Air Conditioning Test and Balance CC-Air Vents on Main Roof Drains CC-Airwall Replacement CC-Buss Duct Testing CC-CID Airhandlers Replacement CC-Carpet Replacement Future CC-Catwalk Beam Cleaning CC-C leaning Equipment Future 2013-2017 Previous Years 0 0 30,000 0 2,995,620 0 0 0 0 0 0 0 2,075,000 275,000 0 0 0 0 CAPITAL IMPROVEMENT PLAN BY PROGRAM 2012113 0 0 0 0 0 513,068 0 45,000 40,000 0 0 0 0 0 0 0 0 0 0 2013114 0 380,346 0 0 1,901,033 0 0 0 0 1,500,000 100,000 0 0 0 0 0 0 0 2014115 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 650,000 0 25,000 0 2015/16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \\miamibeach328\EdenReports\Reports\cmb\PA \Capital Budget By Program Spread.rpt 2016117 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 0 0 595,185 0 1,6!3&,000 3,000,000 0 0 130,000 0 0 1,000,000 0 0 0 3,000,000 0 150,000 Page 1 of 17 09/1912012 11:47.19 380,346 430,346 30,000 595,185 130,000 1,666,000 s,ooo,ooo 45,000 40,000 130,000 1,500,000 100,000 1,000,000 2,075,000 275,000 650,000 3,000,000 25,000 150,000
N 0 <0 ,_ PROJECT pfsconcstr pfsewsider pfskitchre pfselestp2 pfselestpm pfsesclmac pfsexecoff pfsexhfans pfsexhallr pfsexhalfr pfsexhalup pfsextmars pfsextshrp pfsfipcorp pfsfuteffe pfsfgbmope pfsfuturem pfsfy6rest pfsmisc012 pfshssysrp pfshssyph1 pfshurrigi pfsconctgo pfsinptest pfsdsigfac pfsiexfans pfscslocks plndrinks pfsrubllrs pfsinstada pfsintbuss pfsintbusr pfslandscc pfsldbrmnt pfsmkeqptu pfsmtbslfl pfsmeetrmr plsmeetrsr pfsmiscfut pfsmotorcb pfsnewlilt pfsoutaird pfcpackura 2013-2017 PROGRAM Previous Years CC-Concession Stand Renovations 0 CC-East & West Sidewalk Replacement 0 CC-East Kitchen Renovations 0 CC-Eiec Switchgear Testing& Main! Futur 0 CC-Eiectrical Switchgear Testing & Main! 500,000 CC-Escalator Cleaning Machine 72,000 CC-Executive Offices Furniture Replacem o CC-Exhaust Fans for A and B Exhibit Hall 0 CC-Exhibit Hall & Infrastructure Repair 0 CC-Exhibit Hall Floor Repairs 0 CC-Exhibit Hall lighting Upgrades 0 CC-Exterior Marquee Signage 0 CC-Exterior Stairs & Handrailing Repairs 0 CC-Fioor Pocket Connector Replacement CC-Future FF & E CC-Fulure General Maintenance CC-Fulure Mechanical CC-FY 06 ADA/Restroom Renovation CC-FY11112 Misc. Capital CC-Hall Sound System Replacement CC-Hall Sound System Replacement Full CC-Hurricane Impact Glass Installation CC-Improvements County GO CC-Infared Test Main! Elec Panels/Discor CC-Install Digital Signage CC-Install Exhaust Fans in Storage Ramp CC-Install New Card Swipe Locking Syste CC-Install New Drinking Stations CC-Install Rubber Floor in Serv Corridor CC-Installation of ADA automatic doors CC-Int West Side Buss Duct Replacemen CC-Interior buss duct replacement CC-Landscaping CC-Loading Dock Bays Repair & Maint CC-Main Kitchen Equipment Upgrades CC-Maintenance Boom Sissors & Fork Lif CC-Meeting Room Renovations CC-Meeting Room Signage Replacement CC-Misc. Projects Future Years CC-Motor Control Buckets and Metric Pin' CC-Newlif!s CC-Outside Air Dampners CC-Package Unit Replacement AC 0 0 0 0 1,936,729 250,000 300,000 0 0 600,000 0 0 250,000 0 0 0 0 0 0 150,000 0 0 0 0 0 250,000 50,000 69,000 50,000 2,000,000 CAPITAL IMPROVEMENT PLAN BY PROGRAM 2012113 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 150,000 0 0 0 0 0 35,000 0 250,000 0 0 0 0 0 0 0 0 0 0 0 21113114 0 0 0 0 0 0 0 300,000 0 0 0 0 0 700,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21114115 0 0 0 0 0 lJ 0 0 0 lJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21115116 50,000 600,000 160,000 0 0 0 300,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90,000 0 0 0 0 0 0 0 0 \\miamibeach3281EdenReports\Reports\cmb\PA\Capital Budget By Program Spread,rpt 21116117 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 lJ 0 0 0 0 () () 0 0 0 0 0 !) 0 !) Future 0 0 0 800,000 0 0 0 0 17,625,000 800,000 400,000 1,800,000 350,000 0 475,635 5,600,000 75,000 0 0 0 200,000 4,000,000 54,400,000 0 1,600,000 0 1,200,000 100,000 350,000 0 4,000,000 0 0 80,000 0 300,000 2,000,000 50,000 0 0 0 0 0 Page 2 of 17 09/19/2012 11:47.19 Total 50,000 600,000 160,000 800,000 500,000 72,000 300,000 300,000 17,625,000 800,000 400,000 1,800,000 350,000 700,000 475,635 5,600,000 75,000 1,936,729 250,000 300,000 200,000 4,000,000 55,000,000 150,000 1,600,000 250,000 1,200,000 100,000 350,000 35,000 4,000,000 250,000 150,000 80,000 90,000 300,000 2,000,000 50,000 250,000 50,000 69,000 50,000 2,000,000
N ~ 0 PROJECT pfspainthl pfsprotrck pfsrenchil pfsrnspark pfsrepchil pfsrepddrs pfsrepldds pfsrepruwc pfsrephrtls pfsrepskyl pfsrep21ch pfsintsign pfsrepdoor pfsrepchrs pfsmbcccwh pfsrepc&dd pfsrpctc&d pfsrepampb pfsrepftfa pfspermpow pfssexhfan pfssolarep pfsteleinf pfswestktr pfswsdrepl encbeachag encanimalw encbchwlrf enccollcep encdiscool encdomwa!r encfacligh 2013-2017 PROGRAM Previous Years CC-Painting Exhibit Halls and Lobbies 1,300,000 CC-Procurement of Truck 0 CC-Renovate Old NW Chiller Room 0 CC-Renovation -North & South Load Docl 0 CC-Repair Ground Fault for Chiller #3 100,000 CC-Replace 2 Loading Dock Roll Up Doo1 150,000 CC-Replace 4 Loading Dock Doors 0 CC-Replace 6 Package Roof Units-Water 0 CC-Replace High Reach Boom Scissors 0 CC-Replace Skylight Panels 0 CC-Replace Two 1 00 ton Air Handlers 0 CC-Replacement of All Interior Signage o CC-Replacement of Doors East Side CC-Replacement of Exhibit Hall Chairs CC-Rplc all MBCC Chilled Water Handler. CC-Rplc C Ballroom & D catwalk disconm CC-Rplc of Ballroom C & D carpet CC-Rplc one 4000 amp main breaker CC-Rplc Roof Top Fresh Air Intake Hood! CC-Sixteen Permanent Power Locations CC-Smoke Exhaust Fans CC-Solar Energy Project CC-Telephone Infrastructure & Switching CC-West Kitchen Renovation CC-Wes! Side Dimmer Replacement Beach Access Control Gates Alton Road Irrigation 5th Str to Mich Animal Waste Dispensers/Receptacles Beachwalk Lighting Retrofit Collins Canal Enhancement Project District Cooling Plant Domestic Water Conservation Facility Lighting and Lighting Control 0 0 0 0 0 0 0 49,000 100,000 0 0 0 0 0 0 100,000 0 8,738,908 5,573,883 537,573 3,723,710 enmgreenws Green Waste Facility 919,464 enchvaccon HVAC Controls 2,066,976 encpowtrrp Power Transformer Replacement 1,415,076 CAPITAL IMPROVEMENT PLAN BY 2012113 0 0 0 0 0 0 0 0 0 0 200,000 0 0 700,000 0 30,000 400,000 85,000 0 0 0 0 0 0 0 143,000 140,000 0 665,625 1,400,000 0 0 0 0 0 0 2013/14 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500,000 165,000 0 0 0 0 0 0 0 0 0 0 2014/15 0 300,000 0 0 0 0 0 1,000,000 D 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 132,000 0 0 0 0 0 0 0 0 0 0 \\miamibeach32BlEdenReports\Reports\cmbiPA \Capital Budget By Program Spread.rpt 2015/16 0 0 300,000 0 0 0 0 0 300,000 0 0 0 0 0 0 0 0 0 0 0 0 0 400,000 1,000,000 0 0 0 0 0 0 0 0 0 0 0 0 2016/17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 0 0 0 500,000 0 0 300,000 0 0 400,000 0 110,000 500,000 0 8,000,000 0 0 0 100,000 0 0 3,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 3 of-17 09119/2012 11:47.19 Total 1,300,000 300,000 300,000 500,000 100,000 150,000 300,000 1,000,000 300,000 400,000 200,000 110,000 500,000 700,000 8,000,000 30,000 400,000 85,000 100,000 49,000 100,000 3,000,000 400,000 1,000,000 500,000 440,000 140,000 100,000 665,625 10,138,908 5,573,883 537,573 3,723,710 919,464 2,066,976 1,415,076
N ~ ~ -=-PROJECT enctrashrp eqcgps!sys eqcaccelap eqcpaperls emcemerop eqcavlvari eqcvehfy10 eqc10vehre eqc12vehre eqc13vehre eqc14vehre eqc15vehre eqc16vehre eqc17vehre pgccctvgar eqclicprvh pgcpaydisp pgcmstmph3 pgcmstmph4 pgcmstmph5 PROGRAM Trash Receptacles AVL Tracking System for City Vehicles Tech Enhancements for Accela Paperless Attachments in EDEN Fire Station No. 2 EOC Automated Vehicle Locator system Phase FY1 0 Vehicle/Equipment Replacement Pr FY11 Vehicle/Equipment Replacement FY12Vehicle/Equipment Replacement FY13Vehicle/Equipment Replacement FY14Vehicle/Equipment Replacement FY15Vehicle/Equipment Replacement FY16Vehicle/Equipment Replacement FY17Vehicle/Equipment Replacement Closed Circuit Television System License Plate Recognition-Vehicle/Hand Master Meter Phase U Master Meter Phase Ill Master Meter Phase IV Master Meter Phase V 2013-2017 Previous Years 125,000 92,310 0 0 936,131 0 3,997,000 3,882,500 4,506,500 0 0 0 0 0 857,223 0 7,395,850 449,962 0 0 CAPITAL IMPROVEMENT PlAN BY PROGRAM 2012113 0 0 291,800 46,000 0 114,000 0 0 0 3,914,300 0 0 0 0 100,000 350,000 0 0 1,682,400 0 2013114 0 0 0 0 0 0 0 0 0 0 4,232,100 0 0 0 0 D 0 0 0 1,582,000 2014115 0 0 0 0 0 0 0 0 0 0 4,256,150 0 0 0 0 0 0 0 0 2015116 0 0 0 0 0 0 0 0 0 0 0 0 4,230,600 0 0 0 0 0 0 0 \\miamibeach328\EdenReports\Reports\cmb\PA \Capital Budget By Program SpreadJpt 2016117 0 0 0 0 0 0 0 0 0 0 0 0 0 4,325,000 0 0 0 0 0 0 Future 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 4 of 17 09/19/2012 11:47.19 Total 125,000 92,310 291,800 46,000 936,131 114,000 3,997,000 3,882,500 4,506,500 3,914,300 4,232,100 4,256,150 4,230,600 4,325,000 957,223 350,000 7,395,850 449,962 1,682,400 1,582,000
Page 5 of 17 2013-2017 CAPITAL IMPROVEMENT PLAN BY PROGRAM 09/19/2012 11:47.19 -PROJECT PROGRAM Previous Years 2012/13 2013/14 21!14/15 2015116 21!16117 Future Total pgcmstmph6 Master Meter Phase VI 0 0 0 1,000,000 0 0 0 1,000,000 pgcmstmph? Master Meter Phase VII 0 0 0 0 1,000,000 0 0 1,000,000 pgcpayfoot Pay on Foot (POF) Machines 2,236,538 0 0 0 0 0 0 2,236,538 eqcrevcep1 Revenue Control Eqp Phase I 0 494,000 0 0 0 0 0 494,000 eqcrevcep2 Revenue Control Eqp Phase II 0 0 340,000 0 0 0 0 340,000 eqcrevcep3 Revenue Control Eqp Phase Ill 0 0 0 389,000 0 0 0 389,000 eqchandrrc Citywide Electronic Timekeeping eqcmbpdode MBPD Off-Duty Employment Software 0 60,000 0 0 0 0 0 60,000 eqcsynevns Symantec En! Vault for Network Storage 41,150 0 0 0 0 0 0 41,150 rt:!::rr::r;?t1if~. f~ZJ4~1:::~~ !t~~f~:~y:;:~5/~ ~~~n~~r~~ ~~~{iii r~~1~1;;:~~ :Irtf~l~~Ifl IIBIII INt•l ¥!114tl U$Vlll IJI.ftl,l •H•!,!•I •I N ~ N pfcbuilrev Second Floor Renovation-Building Dept. 206,713 0 0 0 0 0 0 206,713 pfm53restr 53rd Street Restrooms 82i\190 0 0 0 0 0 0 827,190 pfs6strest 6th Street Restrooms 690,720 140,162 0 0 0 0 0 830,882 pfc777buil 777 Building Renovation 278,000 0 0 () 0 0 0 278,000 pkcbassph2 Bass Museum Interior Space Expansion 0 0 3,750,000 3,750,000 0 0 0 7,500,000 pfcbrorpay Beachfront Restrooms Repayment 0 0 0 0 0 0 0 0 fsmfireno2 Fire Station 2/Hose Tower 13,272,721 0 0 0 () 0 0 13,272,721 pfmpkmaint Parks Maintenance Facility tt33,722 0 823,530 0 0 0 0 1,757,252 pfspropfac Property Management Facility 4,937,581 838,9!,)8 0 0 0 0 0 5,776,577 pfmpwsyard Public Works Facility 2,880,173 0 0 0 0 0 0 2,880,173 pfcfs2anex Fire Station #2 Training Annex 0 82,000 000,000 0 0 0 0 582,000 0 2,745,090 2,745,090 555 17th Street Building Renovations 47,339 0 0 0 0 0 0 47,339 pfsctlight Colony Theater Stage Lighting Retro Fit 65,000 0 0 0 0 0 0 65,000 \lmiamibeach328\EdenReports\Reports\cmb\PA\Capital Budget By Program Spread.rpl
N ~ w PROJECT pfssshoreg pkmgcmpar3 pknnsgclpl pkmmbgcdra pkmmbgcnet pkmmbgciri pkmmbgcsin pknnsgcfen eqrppermac eqcprojdox eqerm::Jmag eqcwork!lo eqcintervr eqclogmgmt eqcrecima3 eqccompeqp PROGRAM S. Shore Comm Center (County G.O.) Par 3 Golf Course Master Plan Install lighting Norm Shores Golf M Beach Golf Course Drainage Remedial MBGC-Golf Range Netting Rebuild Two Irrigation Pumps at MBGC Replace Tee/Directional Signs at MBGC NSGC Aluminum Picket Security Fence Bldg Dev Process Ent System Projectdox Electronic Plan Rev Software Records lrooglm;-tiuman Resources Workflow Processing Interactive Voice Response (IVR) Log Management for PCI-DSS Complianc Records Imaging 3/Cieanliness AssessmE Replace Macintosh Computers/Cameras 2013-2017 Previous Years 500,000 4,174,022 0 151,017 0 33,600 26,502 74,925 1,600,000 547,000 57,400 50,000 295,186 80,500 29,268 106,385 CAPITAl IMPROVEMENT PlAN BY PROGRAM 2012113 0 796,168 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2013114 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2014115 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015/16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \\miamibeach328\EdenReports\Reports\cmb\PA\Capital Budget By Program Spread.rpt 2016117 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 0 0 49,500 0 99,500 0 0 0 0 0 0 0 0 0 0 0 Page 6 of 17 09/19/2012 11:47.19 Total 500,000 4,970,190 49,500 151,017 99,500 33,600 28,502 74,925 1,600,000 547,000 50,000 80,000 29,268 105,3B5
N ~ ~ PROJECT eqcewarer pfsjacltlti!t pfs!opaada pkcobe!iak pkcobeliss pksfountan pkccarlmem pkspalmfou pkmpinefou pknpolopst pkcgreatsm pkswatrest pkswwarmem pgmsheavep pwnwbdpken pgs17pgele pgc17stefr pgmculcamp pgmculcii pgs13garmt pgs17stpg pgs17garmt 2013-2017 PROGRAM Previous Years RecWare Recreation Software to ActiveN• 29,550 Jack.le Gleason Theater Ufe Safely 953,700 TO? A ADA and Interior Renovations 4,058,772 2lllh SL Obelisk Mooument Rest.oralfon 0 28th Street Obelisk Stabilization 381,780 Alton Road Fountain @ 20th Street 0 Carl Fisher Memorial Monument 0 Palm Island Fountain 0 Pine Tree Fountain 0 Polo Player Statue 0 The Great Spirit Monument 0 Water Tower Restoration Star Island 0 World War Memorial 0 Sheridan Ave Prking 28th Str & Pine Tree 0 West Bay Drive Parking Enhancements 0 i1 17th St P.G. Elevator Enclosure 646,600 17th Street Garage East Facade Retail 0 Collins Park Parking Garage 3,282,240 Cultural Campus Parking Garage II 0 Main!-13th St. Parking Garage 09 120,000 Main!-17th St Parking Garage 1 0 414,000 Maint-17th St. Parking Garage 09 235,000 CAPITAL IMPROVEMENT PLAN BY PROGRAM 2012113 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10,197,031 0 0 0 0 2013114 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 D 12,223,270 0 0 0 0 2014115 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015/16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \\miamibeach328\EdenReports\Reports\cmb\PA\Capital Budget By Program Spread.rpl 2016117 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D Future 0 0 0 742if75 0 278,600 172,530 99,897 118,002 63,900 64,326 593,205 61,770 203,948 120,175 0 2,500,000 0 12,399,971 0 0 0 Page 7 of 17 09/19/2012 11:47.19 Total 29,550 953,700 4,058,772 742,475 381,780 278,600 172,530 99,897 118,002 63,900 64,326 593,205 61,770 203,948 120,175 646,600 2,500,000 25,702,541 12,399,971 120,000 414,000 235,000
N ~ CJ1 2013-2011 CAPITAl IMPROVEMENT PlAN BY PROGRAM -PROJECT pgm42garml pgm42slpg pgs7garamt pgsmpmpkre pgnnbparkg pgssbparkg pgmsunharg pgmsunrobn pkmnwsgara pgsodsurtl pgcprefgar pgsmesurtl pgsjasurtl pgsnlsurfl pgs16surfl pgslxsurtl pgs09surt1 pgs10surt1 pgscasurtl pgn53surt1 pgnnsyclsl pgnsl24bst pgn69surt1 pgnbdsurtl pgnsl26c79 pgnsl26d83 pgs06surt1 pgmslwesta pgs19surfl pgm40surfl pgn71surt1 PROGRAM Maint-42 St. Parking Garage 09 Maint-42nd Sl Parking Garage 10 Main!-7th St. Parking Garage 09 Multi-Purpose Pking Facility Remediation North Beach Parking Garage South Beach Parking Garage Sunset Harbor I Purdy Ave Garage Sunset Harbor Garage Contractor Portion Pennsylvania (New World Symphony) Ga Penrods @ 1 Ocean Dr Preferred Lot Parking Garage Surface Lot 1 DC 1662 Meridian Ave Surface Lot 1 OD Jefferson Ave Surface Lot 1 OF S Lincoln Ln, & Meridian Surface Lot 1 OG 1620 Michigan Avenue Surface Lot 1 OX 1663 Lenox Avenue Surface Lot 12X @ 9th St & Washington Surface Lot 13X@ 1oth St & Washington Surface Lot 17X Collins Ave & i 3 St Surface Lot 198 @ Collins & 53rd St. Surface Lot 22X N Shore Youth Center Surface Lot 248 971 71 Street Surface Lot 24C 6972 Bay Drive Surface Lot 25X 7061 Bonita Drive Surface Lot 26-C (P-1 07) Collins and 79 Surface Lot 26-D Collins and 83 (P-109) Surface Lot 2B Meridian Ave and 6 St Surface Lot 40 West Ave & 16 St Surface Lot 5H 1901 Meridian Ave Surface Lot 8H 4001 Prairie Ave. Surface Lot 9E @ Harding Ave-71 St.-Ea! Previous Years 240,000 245,000 360,000 0 0 0 20,468,435 1,820,350 1,441,600 0 0 0 0 0 0 150,000 358,000 443,080 1,669,500 0 0 0 0 0 0 0 556,500 0 0 250,000 \\miamibeach32B\EdenReports\Reports\cmb\PA \Capital Budget By Program Spread.rpt 2012113 0 0 0 700,000 0 0 0 0 0 0 0 0 0 0 0 40,000 0 0 0 381,600 0 323,300 127,200 0 0 0 0 0 556,500 40,000 2013114 0 0 0 0 0 0 0 0 0 0 1,325,000 0 0 0 911,600 0 0 0 0 0 180,200 0 0 0 0 233,200 0 0 0 0 2014115 0 0 0 0 0 0 0 0 0 0 0 556,500 302,100 174,900 0 0 0 0 0 0 0 0 0 0 0 0 0 238,500 0 0 2015116 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2016117 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 0 0 0 0 25,000,000 25,000,000 0 0 0 70,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 797,500 880,000 0 0 0 0 0 Page 8 of 17 09/19/2012 11:47.19 Total 240,000 245,000 360,000 700,000 25,000,000 25,00!),(!(!0 20,468,435 1,820,350 70,000,000 1,325,000 556,500 302,100 174,900 911,600 190,000 358,000 443,080 1,669,500 381,600 180,200 323,300 127,200 797,500 880,000 233,200 556,500 238,500 556,500 290,000
N ~ 0) PROJECT pgccollnB4 pgsmisurll pgmslp4Bs! pknaltospk pknbandshe pksflamgob pkmmussprk pkmmusspkg pkctenncrt pkmrakowsr pkmrakowyc pkssppreme pfssptpier pkcdicavel pkcbluempl pfnskatepk pkncrespip pkcplayph2 pxnfairpar pxmfisherp pksllamvac pksllamloc pksflamtrk pksflambbs pkcinsfpar pkmlagortl pknnsptlss pknnsospdp pknfitcirc pknnspycfc pkmpinedog pkcplaytsp pkcpolobbc pkcpolopge PROGRAM Surface Lot at Collins & 84 St Surface Lot Michigan lot Surface lot P4B Bass Museum Lot Altos Del Mar Park Band Shell Master Plan lmprov Flamingo Park Muss Park Muss Park Greenspace Expansion/Chase New Tennis Courts at Par 3 Golf Course Scott Rakow Youth Center-Ice Rink Mec Scott Rakow Youth Center Phase II South Pointe Park Remediation South Pointe Pier 7300 Dickens Ave Llscape-lrrigation Sys. Blueways Master Plan City of Miami Beach Skatepark Crespi Park Field Renovation CW Playgrounds, Tot lots & Shade PH 2 Fairway Park Install. Black Alum. Fence Fisher Pk Irrigation System Restoration Flamingo Park Madvac System Flamingo Park Pool New Lockers Flamingo Park Track Resurfacing Flmgo Pk Baseball Stdm Scoreboard Install Add. St Furniture within Parks La Gorce Pk New Tot Lot & Safety Surfac Normandy Shores Park Fitness Circuit North Shore Open Space Park-Dog Prk A NSOSP Replacement Fitness Circuit/Trail NSPYC-Fitness Center Refurbishment Pinetree Dog Park Expansion PlaygroundfTot-lots & Shade Struct Polo Park Basketball Courts Renovation Polo Park Playground Renovation 2013-2017 Previous Years 768,500 0 0 2,900,000 2,299,783 11,212,972 450,629 663,428 300,000 1,242,421 6,343,928 4,864,680 6,716,492 0 0 400,000 0 250,000 80,000 0 0 0 50,000 0 130,000 0 135,500 91,875 0 0 0 835,651 74,000 0 pxmpolosfr Polo Park Sport Field Restoration 132,557 pkcumbrela Pool umb Normandy Isle, Flamingo, Scott f 0 CAPITAL 2012113 0 0 220,000 0 0 2,518,567 0 0 0 0 0 0 568,428 0 0 0 88,500 0 0 49,800 37,570 0 0 0 0 0 0 0 99,000 0 0 0 0 146,500 0 0 \\miamibeach328\EdenReports\Reports\cmb\PA\Capital Budget By Program SpreadJpt IVIII"'I.IVI 2013/14 0 0 0 -'~fZ;I;;A:FKN\1 ~~T%(tl:iv.¥""; &1•Di 0 0 t099,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PLAN BY PROGRAM 2014115 0 1,272,000 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015/16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2016117 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 0 0 0 0 0 0 0 0 0 0 0 0 0 36,674 75,000 0 0 0 0 0 0 25,000 0 25,000 0 61,981 0 0 0 73,213 105,626 0 0 0 0 30,000 Page 9 of 17 09119/2012 11:47.19 Total 768,500 1,272,000 220,000 :tJi~t~l1!1•1 2,900,000 2,299,783 14,830,539 450,629 663,428 300,000 1,242,421 6,343,926 4,864,680 7,284,920 36,674 75,000 400,000 88,500 250,000 80,000 49,800 37,570 25,000 50,000 25,000 130,000 61,981 135,500 91,875 99,000 73,213 105,626 835,651 74,000 146,500 132,557 30,000
N ~ ....... PROJECT pkcpain!pf pknrueveno pkssppplfn pkns!illsf pkmsunisle pkntatumub pksartturf pknbasknip pfcbeachsh encduneres pkcmpkayak pkmcolpua,r rn>17stgar rrs21stsha rrm21recct rrn43stgar rrn42stgar rrn44stgar rrs777bren rrs777rere rrs777hvac rrsanchors rrmbassebb rrmbassext rrmbasshpr rrmbasshvc rrmbassmir rrmbasslci rrccarlccl rrscityhus rrscityvdt 2013-2017 PROGRAM Previous Years Repaint/repair of north end parks fences 0 Rue Vendome/Biarritz Dr Park & Garden 0 South Pointe Park-Playground Fence 0 Stillwater Pk Sports Field Lcape & lrri 0 Sunset Islands Neighborhoods/Park 120,000 Tatum Pk Cons! 2 Outdoor Sand Volleyba 0 Flamingo Park Art Turf Softball & Soccer 0 Resurfacing/Rebuilding Basketball Courts Beach Shower Replacement & Renovatio Citywide Dune Restoration & Enhanceme Muss Park Kayak Launch Maze Project 21 St & Co!l!as Avenue 171h St. Garage Patlr1'f&tar Ught Replacerr 21St Community Center-Ceiling and Light 21 sl Recreation Center Electrical Servic 42nd St. Garage Elevator Replacement 42nd St. Garage Fire Alarm System Repl< 42nd St. Garage HVAC Replacement 777 Building -Renovation 777 Building -Restroom Renovation-Th 777 Building HVAC Replacement Anchor Shops Fire System Replacement Bass Museum Electrical Breaker Box Rep Bass Museum Exterior Lighting Replacerr Bass Museum Heal Pump Replacement Bass Museum HVAC Replacement Bass Museum Insulation Replacement Bass Museum Light Controls and lnstrumo Carl Fisher Clubhouse Exterior Window City Hall Halon Upgrade and Service Elev City Hall High Voltage Distribution Repa 0 35,000 0 0 2$0,000 49,016 53,738 63,133 865,645 51,087 28,538 247,666 78,206 259,600 75,845 38,968 42,308 59,225 84,456 27,911 57,070 53,720 143,484 27,500 CAPITAl IMPROVEMENT PlAN BY PROGRAM 2012113 0 0 184,000 115,450 0 90,751 0 0 0 433,633 204,750 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2013114 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2014115 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015/16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \\miamibeach328\EdenReports\Reporls\cmb\PA \Capital Budget By Program Spread.rpt 2016/17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 115,000 25,500 0 0 0 0 800,000 55,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 10 of 17 09/19/2012 11:47.19 Total 115,000 25,500 184,000 115,450 120,000 90,751 aoo,ooo 35,000 433,633 204,750 250,000 49.(:116 53,738 63,133 865,645 51,087 28,538 247,666 78,206 259,600 75,845 38,968 42,308 59,225 84,456 27,911 57,070 53,720 143,484 27,500
N ~ 00 PROJECT rrscityelu rrsllre3fa rrsfire3od rrmfire2rr rrsfire1ed rrsfire1 rr rrsfire1vp rrs!ire3rr rrspoli911 rrslleets2 rrslleetec rrsfleetac rrccontg11 rrccon!gOB rrccontncy rrccontg10 rrcgardenc rrslincmfp rnnmbgolcr rrmmbgcptb rrnmusswdu rrnopenspp rrnnorthyc rrspolibvp rrspolihef rrspolicfa rrspolicfr rrspsthvac rrcpwmfewr rrcswipool rnnscottyc rrssouthrr rrssouthcc rrssshccvp rrssouthef rrs12extdr rrs13extgb rrs13stpga rrs13conpr rrs13stpge PROGRAM City Hall-Electrical Upgrades Fire Station 3 -Fire Alarm System Upgr Fire Station 3-Interior Overhead Door Fire Station # 2 Support Building-Roof Fire Station 1 -Interior and Exterior D Fire Station 1 -Restroom Renovation -Fire Station 1 Variol!s Projects Fire Station 3 -Restroom Renovation Fire Stations-911 Alerting System Repl. Flee! Mangement Shop 2 Building ExhaU! Fleet Mangement Shop 2 HVAC Electrica Fleet Mangement Shop 2 HVAC Repair FY 11 Contingency FY 2007-2008 R/R Contingency FY 2008-2009 RIR Contingency FY 2009-201 o R/R Contingency Garden Center Lighting Fixtures and Wiri Lincoln Rd. Mall Fountain Pump, Landsca Miami Beach Golf Course Clubhouse Caq Miami Beach Golf Course Clubhouse-Pai Mussffatum Parks Water Dist Upgrade North Shore Open Space Park Pavilion North Shore Youth Center-AIC & Duct F Police Building Various Projects Police Headquarters Elevators and Fire A Police HQ & Parking Garage-Fire Alarm F Police Station Building-Firing Range Ven Police Station HVAC Replacement and Dt Public Works Maint. Facility Exterior Wi Sco!! Rakow & North Shore Swimming Pc Scott Rakow Youth Center-Replace Cm South Shore Community Center -Roof Re South Shore Community Center-Replac South Shore Community Center Various F South Shr Community Center-Exhaust F 12th St Parking Grge Ext Door Rpi-R&R 13th St Parking Grge Ext Glass Block-R&I 13th Street Parking Gara Fire Alarm -R&R 13th Street Parking Garage Concrete Pav 13th Street Parking Garage Elevator-R&R Previous Years 353,772 92,015 145,225 179,732 131,365 93,668 337,943 106,067 173,500 46,787 79,592 29,368 74,196 3,127 374,642 9,265 73,725 62,315 52,635 36,792 0 150,000 94,183 605,098 458,798 240,732 370,000 147,675 85,522 86,460 98,072 418,364 130,748 264,014 22,533 0 0 () () 0 llfiU"'Uifl CAPITAL IMPROVEMENT 2012113 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 53,197 69,378 46,580 126.655 184,600 2013114 0 0 0 () 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 () 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \\miamibeach328\EdenReports\Reporls\cmb\PA \Capital Budget By Program Spread.rpt 2014115 BY nDnro,o 0 0 0 0 0 0 0 0 0 0 0 0 () 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 () 0 0 0 0 0 0 0 0 2015116 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2016111 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 () 0 0 0 0 0 Page 11 of 17 09/19/2012 11:47.19 Total 353,772 92,015 145,225 179,732 131,365 93,668 337,943 106,067 173,500 46,787 79,592 29,368 74,196 3,127 374,642 9,285 73,725 62,315 52,635 36,792 0 150,000 94,183 605,098 458,798 240,732 370,000 147,675 85,522 86,460 98,072 416,364 130,748 284,014 22,533 53,197 69,376 46,580 126,655 184,800
N ~ <0 PROJECT rrs17strpc rrm21strcr rrs555hvac rrs555ele2 rrs555edor rrs555elec rrcwindret rrs7elevrp rrs7stgarf rrsancacrp rrsanchelr rrsancsrfr rrmbassmgr rrmbassher rrmbasswsp rrsbyronac rrsbyronsh rrccfcrgds rrccfchrfr rrscityeup rrscityere rrscityeme rrscitycas rrschcarpr rrscityctv rrscityele rrschemels rrschfires rrscityfsp rrscitychr rrscityhsd rrscitypai rrscolthep rrscitydah rrsfillelr rrcexhfans rrsfirgenr rrsliresac rrsfire2rr rrsflahvac rrsflampol rrsfieetes rrsfieetrf PROGRAM 17th St Parking Gar Spalling Cone -R&R 21st St. Recreation Center Repairs and R 555 Bldg HVAC Upgrade and Replaceme 555 Building Electrical Upgrades 555 Building Exterior Doors Replacement 555 Building Main Electrical Service Rep 555,777, 21st Rec Center Wind Retrofit 7th St Parking Grge Replace Elev -R&R 7th St. Garage Fire Alarm System Replao Anchor Garage AIC Replacement -R&R Anchor Garage Elevator Replcmnt -R&R Anchor Garage Roof Replcmnt -R&R Bass Museum Generator Replacement Bass Museum Hydraulic Elevator Replace Bass Museum Weather Seal & Paint -R&I Byron/Carlyle Replacement of Lobby AIC Byron/Carlyle Replacement of Stage and Carl Fisher Clubhouse Replace Gutter-RB Carl Fisher Clubhouse Roof Replcmnt -R1 City Hall-Electrical Upgrades City Hall -Elevator Renovation City Hall Bldg Renov & Elec Main Elevato City Hall Card Access System Replaceme City Hall Carpel Replacement City Hall CCTV Security System Replacer City Hall Elevator Repair City Hall Emergency Lighting System City Hall Fire Alarm System City Hall Fire Supression Pump Replacerr City Hall restroom renovation. City Hall Storefront Door Assembly Repla City Hall-Repaint Building Colony Theater Ext Water Seal & Paint Doors & Hardware Fillmore Exterior Lighting Replacement Fire Station 1 Exhaust Fans Fire Station 1 Generator Replacement Fire Station 1 HVAC Replacement Fire Station 2 Reroof Flamingo Park Pool HVAC Upgrade Flamingo Pool Lap Pool Renewal Fleet Mngmt Office Electrical Serv -R&R Fleet Mngmt Recirculation Fan -R&R Previous Years 0 118,259 90,365 55,492 55,098 41,685 0 0 51,067 0 0 0 51,779 66,127 0 82,500 132,000 0 0 50,000 175,000 88,745 88,480 0 118,944 238,700 0 0 32,175 42,000 37,101 63,695 0 34,650 0 0 0 49,500 0 75,075 0 0 0 CAPITAL IMPROVEMENT PlAN BY PROGRAM 2012113 86,295 0 0 0 0 0 591,462 236,500 0 86,020 357,995 95,645 0 0 27,478 0 0 25,795 105,600 0 0 0 0 31,075 0 0 353,650 314,325 0 0 0 0 71,500 0 27,390 44,590 98,450 0 184,800 0 93,500 45,816 36,988 2013114 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2014115 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015116 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \\miamibeach32BIEdenReports\Reports\cmb\PA\Capital Budget By Program SpreadJpt 2016117 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 12 of 17 09119/2012 11:47.19 Total 86,295 118,259 90,365 55,492 55,098 41,685 591,462 236,500 51,087 86,020 357,995 95,645 51,779 66,127 27,476 82,500 132,000 25,795 105,600 50,000 175,000 88,745 88,480 31,075 118,944 238,700 353,650 314,325 32,175 42,000 37,101 83,695 71,500 34,650 27,390 44,590 98,450 49,500 184,800 75,075 93,500 45,816 36,988
N N 0 -=-PROJECT rrsfleetsb rrshchtrrp rrshchelev rrslincmal rrslincupl rrsemergen rrmmcbemlr rrmmcbexcr rrrnmcbfasr rrmmiamicb rrrnmcbwdre rrnnsycrdf rmnsychdr rrnnsycrrp rrspolicfc rrcpwmfgrp rrssanreac rrssanextp rrssouthc2 PROGRAM Fleet/Sanitation Fire Alarm System Rep! Historic City Hall Tile Roof Replacement Historical City Hall Elevator Renewal Lincoln Rd. Mall Accent lighting Replace Lincoln Road Uplighting Rplmnt -R&R Marine Patrol Emergency Generator Miami City Ballet Emer Light Repi-R&R Miami City Ballet ext Cncrte Rest -R&R Miami City Ballet Fire Alarm Sys -R&R Miami City Ballet HVAC Replacement Miami City Ballet Window Replacement-R North Shore Park Youth Resurfcng Floon North Shore Youth Center HVAC North Shore Youth Center Roof Replacen Police Station Floor Covering Replacemnl Public Works Mainl Facility Generator R Sanitation Replace NC -R&R Sanitation Reseal/ Paint Exterior -R&R South Shore CC Emergency System enmbotancc Seawall-Botanical Gard/Collins Canal Cor ensflamisw Seawall-Flamingo Drive Rehabilitation enssearpfm pwcseawall ensbayrdsw Seawall-Bay Road Rehabilitation ensbiscbse Seawall-Biscayne Bay St End Enh Phil pwndaveshr Seawall-Dickens Av Shoreline & Bike Pall enmindcrkg Seawall-Indian Creek Greenway enslinccsw Seawall-Lincoln Court Rehabilitation ennmusspsw Seawall-Muss Park Rehabilitation encpinetre Seawall-Pine Tree Pk Shoreline Rest encwtrdred Seawall-Waterways Dredging !.:'t~;.r-..,-~-2013-2017 Previous Years 85,800 0 0 100,760 0 0 0 0 0 534,358 0 0 0 0 0 195,314 0 0 50,000 0 322,487 400,000 0 1,015,311 592,750 100,000 0 0 284,766 105,954 CAPITAL IMPROVEMENT PLAN BY PROGRAM 2012113 0 53,647 269,500 0 60,500 64,515 52,863 50,875 295,260 0 86,491 25,600 97,130 54,958 71,500 0 26,235 64,163 0 1,208,662 0 0 0 0 0 0 0 674,000 0 0 2013114 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2014115 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015116 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a \\miamibeach32BIEdenReports\Reports\cmb\PA\Capilal Budget By Program Spread.rpt 2016117 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 275,180 542,332 150,000 15,000,000 547,760 0 0 0 Page 13 of 17 09/19/2012 11:47.19 Total 85,800 53,647 269,500 100,760 60,500 64,515 52,863 50,875 295,260 534,358 86,491 25,6ao 97,130 54,958 71,500 195,314 26,235 64,163 1,208,662 322,487 400,000 275,180 1,557,643 742,750 15,100,000 547,760 674,000 284,766 105,954
N N ~ 2013-2017 CAPITAL IMPROVEMENT PLAN BY PROGRAM PROJECT rws17thstn rwmsunisla rwmbaysbpa rwmbaysbpb rwmbaysbpc rwmbaysbpd rwnbsptrow rwscityctr rwscchvb9b rwscollpar rwmconvctr trmdirsign rwmlagorce pwsledligt rwmlincoln rwslinwash rwnnormis1 rwnnorthsh rwmoceanft rwsislands rwssprdaiv rwsvencswy rwsvenebpc pkmnoptrrp pkcaspdriv rwcirrmacc pknnormsig rwnirraltr pkctreeph2 pkctreph2b pkctreph2c pkctreeph3 pkctreeph4 pkctreeph5 PROGRAM 17th Street North lmprv Penn Av to Wash Bayshore Neigh Sunset lsi 1 & 2 BPE Bayshore Neighborhood-Bid Pack A Bayshore Neighborhood-Bid Pack B Bayshore Neighborhood-Bid Pack C Bay shore Neighborhood-Bid Pack D Biscayne Point Neighborhood lmproveme CCHV Neigh. lmprov.-Historic Dist. BP9A City Center-Commercial Dist BP9B Collins Park Ancillary Improvements Convention Center Lincoln Rd Connecton Directory Signs in the City Center ROW LaGorce Neighborhood Improvements LED Lighting Installation Lincoln Rd Between Collins & Washingtor Lincoln Road Washington Av to Lenox Av· Normandy Isle Neighborhood ROW Phaso North Shore Neighborhood Improvements Oceanfront Neighborhood Improvements Palm & Hibiscus Island Enhancement S Pointe Improvements-Ph II I-V Venetian Neigh-Causeway (Bid D) Venetian Neigh-Venetian Islands Nautilus I Orchard Park Tree Replacemer Asphalt Driveway and Sidewalk Renovati< Irrigation Sys MacArthur Cswy Repair/Upf Normandy/71 Street Welcome Sign & Site Repair & Upgrade lrr Sys 2000-6300 Alt01 Restorative T reeWeii-2A 71 St-Collins/Boni RestorativeTreeWeii-2B-Collins/64-75 St RestorativeTreeWeii-2C-71St Bay D/Ruet RestorativeTreeWeii-PH 3-Washington A\ RestorativeTreeWeii-PH 4-0cean Drive RestorativeTreeWeii-PH 5-4 1st St Previous Years 0 7,797,237 24,400,836 8, 131,104 5,080,299 6,357,838 22,900,399 17,458,464 13,209,842 4,000,000 0 108,268 13,409,272 1,054,790 2,516,583 0 1,396,215 14,165,944 10,964,354 9,086,774 20,084,837 2,827,000 12,587,003 0 0 0 50,000 0 130,918 183,068 85,432 683,911 a a t1mfamibeach328\EdenReports\Reportslt:mfJ\PA\.Capita! Budget E1y Program Spteiiu:lrpt 2012113 0 1,261,180 4,546,882 828,643 389,725 1 '171 ,500 0 0 D 0 0 0 0 0 0 0 0 0 (1 ,603,640) 4,305,872 0 0 2,128,424 0 0 0 0 0 0 0 0 0 0 0 2013114 0 0 0 0 0 0 0 0 326,142 0 0 D 4,579,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 689,997 0 2014115 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10,000,000 0 3,055,402 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 488,546 2015/16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2016117 0 D 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 D 0 0 0 0 0 0 0 a 0 0 0 0 0 0 Future 2,000,000 0 0 0 0 0 0 0 0 5,000,000 10,000,000 0 11,000,000 0 0 0 0 7,000,000 0 0 0 0 0 119,000 196,000 27,500 0 72,089 0 0 0 0 0 0 Page 14 of 17 09/19/2012 11:47.19 Total 2,000,000 9,058,417 28,947,718 8,959,747 5,470,024 7,529,338 22,900,399 17,458,464 13,535,984 9,000,000 10,000,000 108,268 28,988,772 1,054,790 2,516,583 20,000,000 1,396,215 24,221,346 9,360,714 13,392,646 20,084,837 2,827,000 14,715,427 119,000 196,000 27,500 50,000 72,089 130,918 163,068 65,432 683,911 689,997 488,546
N N N -=-PROJECT 75stcolave pwsalleres rwsalleywy rwcalleph2 rwsaltutly pwcastrprp trcboardrt rwscollavu pwcdhotspt pksflam10g rwsllambpa rwsflambpc rwmlagpave rwmlightre pwslinclan pkslinrdft pkslinrd14 pkslinrd15 pkslinrd16 pkslinrdls utmroicken pwseucimpr pkctreeph6 rwcrowimp1 rwcrowim14 rwcrowim15 rwcrowimp2 rwcstree!r pwssunhpav pwssunhari rwssunisle rwsuplight pwcchlight rwswashspd rwswestrow rwcmtceph2 PROGRAM 75th St from Collins Ave to Dickens Ave Alleyway Restoration -Phase !II Alleyway Restoration Program Ph I Alleyway Restoration Program Ph II Alton Road Utilities from 5th to Mich Aluminum Streetlighting Pole Replacemer Boardwalk Repair and Restoration Collins Ave Uttility from 5th To Lincoln Drainage Hot Spots Flamingo 1 Og-6 Street ROW improvemen· Flamingo Neighborhood-Bid Pack A Flamingo Neighborhood -Bid Pack C LaGorce Island (Street Pavement) laGorce Island-Lighting, Trees, Mise lincoln Rd landscaping-Lenox to Wash. Lincoln Road Landscaping FY 13 lincoln Road landscaping FY 14 Lincoln Road Landscaping FY 15 Lincoln Road Landscaping FY 16 Lincoln Road Mall ADA Pedestrian pathw; Milling & Resurf Dickens Ave 71 to B1 St Reserve-Euclid Ave Imp at Lincoln Rd RestorativeTreeWeii-PH 6-5 St Alton/Dee. ROW Improvement Project ROW Improvement Project FY 14 ROW Improvement Project FY 15 ROW Maintenance Project Street Pavement Restoration Sunset Harbor-Streets Pavement Sunset Harbour Neighborhood lmprovemo Sunset Islands 3&4 Entryway lmproveme1 Uplighting-5th Street (Lenox to Ocean Av Washington Ave Cobra Head Lighting Washington Ave South Pointe Dr lmprov West Avenue/Bay Road Improvements 2013-2017 Previous Years 85,000 412,500 2,360,000 330,000 0 0 304,625 0 1,159,373 6,701,399 9,395,452 6,151,087 () 66,376 150,000 0 0 () 0 87,500 742,984 0 202,987 3,756,499 0 0 1,585,000 400,000 260,100 0 465,599 508,800 0 594,675 5,048,269 CAPITAL 2012113 0 0 0 0 3,061,875 200,000 0 982,986 1,500,000 2,500,000 0 0 0 0 0 150,000 0 0 0 0 0 416,820 0 430,000 0 0 0 0 (280,100) 0 0 0 0 0 30,000 2013/14 0 0 0 0 0 0 0 0 0 0 0 0 282,691 0 0 0 150,000 0 0 0 0 0 0 0 230,.000 0 0 0 0 2,309,719 0 0 0 0 0 PLAN BY PROGRAM 2014/15 0 0 0 0 0 0 0 0 0 0 8,898,777 10,635,354 3,311,485 0 0 0 0 150,000 0 0 0 0 0 0 0 330,000 0 0 0 0 0 0 0 0 0 2015116 0 0 0 0 0 0 0 0 0 0 8,898,777 10,635,354 0 0 0 0 0 0 150,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 18,558,500 2016/11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 0 0 0 0 0 0 0 0 0 0 0 0 9,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,837,125 0 0 40,000 0 0 Page 15 of 17 09/19/2012 11:47.19 Total 85,000 412,500 2,360,000 330,000 3,061,875 200,000 304,825 982,966 2,659,373 9,201,399 27,193,006 27,421,795 12,594,376 66,376 150,000 150,000 150,000 150,000 150,000 67,500 742,984 416,820 202,987 4,186,499 230,000 330,000 1,585,000 400,000 0 4,146,844 485,599 508,800 40,000 594,675 23,636,769
N N w -=-PROJECT lrnnbtownc lts16slops encbaywJk2 encbaywl(3a encbeywm3b encbaywalk enbchwalk2 pgcbikeprk pkcbicpph2 rwcbicpepr pwcbusstop rwccitywcr rwccrosswa PROGRAM North Beach Town Center Complete Sire• 16th St Opera!iooal fmpmv!Enhancemen Elaywalk H-1 0 street to Southam Bndry Baywalk lilA-Monad Terr to West Ave Baywalk llfB-10 st !o North of Flor!dlan Baywalk Phase 1 Beachwalk II Bicycle Parking-Phase I Bicycle Parking Phase II Bicycle Pedestrian Projects Citywide Bus Stop Improvements City W Curb Ramp Installation/Main! Crosswalks rwccrospll Crosswalks-Phase II rwccrpsph3 Crosswalks-Phase Ill trcmbtrani Miami Beach Trans Improvement Study enmbchwlk1 Middle Beach Rec Corridor Ph I enmbchwlk2 Middle Beach Rec Corridor Ph II enmbchwlk3 Middle Beach Rec Corridor Ph Ill pwcmastarm Miscellaneous Mast Arm Painting ennnbrecce North Beach Rec Corridor Ext 79th Street rwpedscosi Pedestrian Countdown Signals Ph I pwepedcsii Pedestrian Crossing Improvements FY 13 pwepedcs14 Pedestrian Crossing Improvements FY 14 pwepedcs15 Pedestrian Crossing Improvements FY 15 encsunplaz Sunrise Plaza Pedestrian Connection pwmtra51st Traffic Calming 51 Street rwctrafcal Traffic Calming Program Mtlbe!!eou eette Isle Outfall Pipes Repl!h".ement I)WrtlW®Ipump Convert Old \~\tater Pump Statlon-PW utm~ Indian Creek 2Slh to 41st tt!c\lttrsysl Ufl$fzing Untlr Cap W11te lM!t IC 25-41 St utcwtrm:aln Upslzlng Undr Cap \1\ftr Mn IC 25-41 St 2013-2017 Previous Years 272,000 7,858,094 0 0 0 438,281 4,736,731 182,900 140,000 2,516,131 116,500 186,000 566,119 296,000 0 0 1,063,553 4,399,037 0 400,000 187,700 496,000 275,000 0 0 347,000 33,038 484,519 0 2,000,411 2,500,000 2,975,865 CAPITAL IMPROVEMENT PlAN BY PROGRAM 2012/13 0 0 0 0 0 187,993 0 0 0 0 0 10,000 0 100,000 0 150,000 0 2,550,000 0 0 0 0 200,000 0 0 0 0 0 0 0 0 0 159,897 2013/14 0 0 0 0 0 0 0 0 0 0 0 10,000 0 0 100,000 0 0 4,000,000 0 100,000 0 0 0 100,000 0 0 0 0 0 0 0 0 0 2014115 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,193,119 0 0 0 0 0 0 100,000 0 0 0 0 0 0 0 0 2015/16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \\mlamibeacfl328l£!denReports!Reportfi'IJ;;n:lbiPA\Capllal8udget By Program SprearUpt 2016/17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future 3,000,779 1.747,387 237,435 1,695,985 5,427,152 0 0 0 0 0 0 0 0 0 0 0 0 0 12,094,466 0 0 0 0 0 0 0 IJ 0 0 130,000 0 0 0 Page 16 or 17 09/19/2012 11:47.19 Total 3,338,719 9,405,481 237,438 1,695,965 5,42.7,152 626,274 4,736,731 162,900 140,000 2,516,131 116,500 206,000 566,119 396,000 100,000 150,000 1,063,553 13,142,156 12,094,466 500,000 187,700 496,000 475,000 100,000 100,000 347,000 33,038 446,962 464.1>19 130,001.1 2,000,4'11 2,500,000
Page 17 of 17 2013-2017 CAPITAL IMPROVEMENT PLAN BY ocnr.:cAu 09/19/2012 11:47.19 PROJECT PROGRAM Previous Years 2012113 2013114 21114115 2015/16 2016117 Future Total utswmialtn 12" DIP Water Main lmprov 5 Alton &Oce1 0 0 0 0 0 0 0 0 utc20water 20-lnch Water line Replacement 0 0 0 2,310,500 0 0 0 2,310,500 utssijave 24" PVC Sanitary Sewer Imp 646,031 0 0 0 0 0 0 646,031 u!moutfall 48" Outfall at Easement4180-4200 ChasE 198,962 0 0 0 0 0 0 198,962 pws54diamp 54 inch Diameter Sewer Force Main Reha 0 1,200,000 0 0 0 0 0 1,200,000 utn63stwmn 63rd Street 16" Water Main 0 0 1,400,000 0 0 0 0 1,400,000 utnformain 69th to 72nd Str 30-inch Parallel Force 1,453,650 0 0 0 0 0 0 1,453,650 utsbrpstao Bay Road Pump Station Outfall 318,000 0 0 0 0 0 0 316,000 utcsubmain Citywide Sub-Acqueous Feasabilty Study 360,000 0 0 0 0 0 0 360,000 utswashspd Drainage Imp-Washington & So Pointe 405,000 0 0 0 0 0 0 405,000 utmdinb56s Drainage lmprov-North Bay & 56 St 187,292 0 0 0 0 0 0 187,292 utchydrant Fire Hydrant Relocation and Manhole Adj 100,000 0 0 0 0 0 0 100,000 u!cinfilfl Infiltration & Inflow Program Phase I 7,700,0a9 0 a 0 0 0 0 7,700,009 utcinfphii Infiltration & Inflow Program Phase II 839,500 0 0 0 0 0 0 839,500 pwnmidnbft Middle North Bay Rd Drainage lmprov Ful 0 a 0 0 0 0 7,280,000 7,280,000 pwnmidnbrd Middle North Bay Road Drainage lmprov 59,968 0 0 0 0 0 0 59,968 N utcmiscupg Misc. Wastewater and Water Upgrades 1,000,000 0 0 0 0 0 0 1,000,000 N utnnorthsh No.2: North Shore Neighborhood 350,000 (350,000) 0 0 0 0 0 0 ~ u!cpumpst1 Pump Station #1 0 1,000,000 0 0 0 0 0 1,ooo,oao utspsgrino Pump Station #28 Grinder Replacement 0 0 150,000 0 0 0 0 150,000 utssunsubq Sunset & Venetian Island Force Mains 2,869,124 0 0 0 0 0 0 2,869,124 pwmsunspsu Sunset Harbor Pump Station Upgrades 462,160 1,974,840 0 0 0 0 0 2,437,000 utwtrctvlv Water System Pressure Control Valve 200,000 (200,000) 200,000 0 0 0 0 200,000 +ltfBff~~J Grand Total: 500,234,091 66,839,009 47,374,528 55,519,333 56,673,231 4,325,000 356,611,396 1 ,087,576,5118 \\miamibeach328\EdenReports\Reports\cmb\PA\Capital Budget By Program Spread.rpt
COMMISSION ITEM SUMMARY
A resolution of the Mayor and City Commission of the City Of Miami Beach, Florida, adopting the Fiscal Year (FY)
2012/13 budgets for Special Revenue funds for Resort Tax; ih Street Garage Operations; City's Share of the
Shortfall Contribution Requirements for the 5th and Alton Parking Garage Operations; Art in Public Places (AiPP);
Tourism and Hospitality Scholarship Program; Green/Sustainability Fund, Waste Hauler additional Services and
Public Benefit Contribution F Ed Fun ' t Camera Fun nd.
Ke Outcome Su orted:
Ensure expenditure trends are sustainable over the long term; Improve the City's overall financial Health
· tin ; Increase Communit Satisfaction with Cit Services
Supporting Data (Surveys, Environmental Scan, Based on the 2009 community survey, quality of life
in the City is rated highly, the City is seen as an 'excellent' or 'good' place to live, work, play or visit, and over %'s of
residents would recommend it to others as a place to live. Impressively, 31 of the residential tracking questions from
2007 experienced increases in each ofthe areas measured by an overall average of approximately 7.0%; and 28 of
32 business tracking questions experienced increases measured by an overall average of approximately 8.8%.
Relevant findings were: arts and culture was one of services identified that the city should strive not to reduce; and
availabilit ublic arkin was one of the services identified as ke drivers of overall satisfaction levels.
The Resort Tax Fund FY 2012/13 budget includes funding for administrative expenses, allocation to General Fund for
tourist related services, contributions to the GMCVB AND VCA, special events, holiday decorations, tourism related
economic enhancements, marketing etc. The ih St. Garage Fund FY2012/13 budget includes funding for the
operating and debt service expenses of the ih St. Garage. The 5th and Alton Fund FY2012/13 budget includes
funding for the operating expenses of the 5th and Alton Garage. The Art in Public Places (Aipp) Fund FY2012/13
budget includes funding for the administrative expenses, AiPP projects under $25k and reserve for AiPP projects.
The Tourism and Hospitality Scholarship Program Fund FY2012/13 budget includes funding for scholarships for
Miami Beach residents or graduates of Miami Beach Senior High School in the food & hospitality industry. The
Green/Sustainab!lity Fund FY2012/13 budget includes funding for the operating budget for a citywide multi-family
residence and commercial establishment recycllng program, including a media, education and outreach recycling
campaign, as well as the LEED project incentive. The Waste Hauler Additional Services & Public Benefit Fund
FY2012/13 budget includes funding for sanitation related services. The Education Compact Fund FY2012/13 budget
includes funding for the IB program & teacher training. The Red Light Camera Fund FY2012/13 budget includes
funding for red light camera related operating expenses. The E-911 Fund FY2012/13 budget includes funding forE-
911 related o ernt!n ex enses.
Source of
Funds:
Assistant City
225
Account
erations
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 ~mission
Kathie G. Brooks, Interim City Manager/c/2 A ...
September 27, 2012
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING FISCAL YEAR (FY) 2012/13 BUDGETS
FOR SPECIAL REVENUE FUNDS FOR RESORT TAX; THE 7th STREET
PARKING GARAGE OPERATIONS; THE 5th AND ALTON PARKING GARAGE
OPERATIONS; ART IN PUBLIC PLACES (AiPP), TOURISM AND
HOSPITALITY SCHOLARSHIP PROGRAM, GREEN/SUSTAINABILITY
FUNDS, WASTE HAULER ADDITIONAL SERVICES AND PUBLIC BENFIT
CONTRIBUTION FUNDS, EDUCATION COMPACT FUNDS, RED LIGHT
CAMERA FUNDS, AND EMERGENCY 911 FUNDS ..
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
ANALYSIS
The City currently offers certain programs and activities not supported through the general
operating budget, but by outside agency grants and self-supporting user fee programs. Funding
from these sources will be utilized as follows:
Resort Tax-$54,254,000
This fund operates for the collection of the special tax levied citywide on food, beverage and
room rents used to support tourism related activities. This function, which operates under the
direction of the Finance Department and the Office of Internal Audit, is responsible for ensuring
that hotels, restaurants, bars and other establishments which serve food and beverages for
consumption on its premises, comply with Section 5.03 of the City Charter, as amended, as it
related to the reporting, and collection of resort taxes to the City.
An allocation for "operations" provides for all collection and audit expenses associated with
administering the Resort Tax function and are charged directly to this Special Revenue Fund.
Included in this allocation is funding for seven (7) FTE positions and associated operating
support totaling approximately $1 ,353, 195.
The allocation to the General Fund for Fiscal Year 2012/13 of approximately $30.97 million pays
for tourist related services and costs provided or managed by General Fund Departments.
Based on an outside consultant study conducted in 2010 using FY 2007/08 actual costs, it is
226
FY 2012/13 Special Revenue Fund Budgets
September 27, 2012
Page 2 of 6
estimated that there are approximately $41.7 million in eligible resort tax expenditures in the
General Fund, net of South Pointe tourism eligible costs. This funding supports public safety
programs including our ocean rescue, police services on Lincoln Road, Ocean Drive/Lummus
Park, Collins Avenue, Washington Avenue, ATV officers, Boardwalk security, special traffic
enforcement and special event staffing; and fire rescue units in tourist and visitor areas. The
funding also supports code compliance services to respond to evening entertainment areas and
provides for a portion of the operational costs of the Tourism and Cultural Development.
The Fiscal Year 2012/13 Resort Tax budget also includes an allocation to the Greater Miami
Convention and Visitors Bureau (GMCVB) of approximately $5.3 million, $1.2 million for debt
service, $2.1 million to the Miami Beach Visitor and Convention Center (VCA), $248,000 for a
local Miami Beach marketing campaign, including $148,000 for the Washington Avenue tourism
enhancement initiative, to be augmented with funds from the GMCVB, the VCA, and the
Cultural Arts Council (CAC); and including $75,000 for a grant to the FIU-Wolfsonian over two
years to provide a master plan for the Museum site that will be used to access $10 million in
Miami-Dade County General Obligation Bond funding for expanding and revitalizing their
facilities on Washington Avenue and Lennox. Further, the FY2012/13 Resort Tax Budget
maintains funding for tourism-related economic development activities in North Beach that were
initiated in FY 2011/12; provides $165,000 for holiday decoration (an enhancement of $40,000
from the FY2011/12 budget); funds $100,000 for the sponsorship fee to help offset marketing
and advertising expenses associated with the Ms. USA or equivalent event; funds $2.9M for
enhancing the outcomes from major events such as Memorial Day, including management,
Goodwill Ambassadors, and $122,130 in Administrative Fees to the General Fund for
reimbursement of support provided by General Fund administrative departments.
The proceeds of the additional one percent (1 percent) tax are used as follows. Fifty percent of
the amount earned is committed to the payment of a portion of the debt service on the Miami
Beach Redevelopment Agency -City Center/Historic Convention Village Bonds. These bonds
were used for the development, improvement and construction of certain public areas including
a portion of the Cultural Center facilities located within the City Center District.
The remaining fifty percent of the 1 percent tax budget also reflects the approved allocation
method for the Quality of Life funding, which includes the 25 percent for the arts, and to fund
Quality of Life capital projects in North Beach (25 percent), Middle Beach (25 percent), and
South Beach (25 percent), as well as various art and cultural programs or the maintenance and
enhancement of Miami Beach's tourist related areas. Please see Attachment "A" for the
revenue and expenditure detail budget.
Revenues
2 percent
1 percent
Other Revenues
Total
227
$44,132,000
9,368,000
754,000
$54,254,000
FY 2012/13 Special Revenue Fund Budgets
September 27, 2012
Page 3 of 6
Expenses
Administrative Operating including Administrative Fees
Allocation to General Fund for Tourist Related Services
Contribution to GMCVB
Contribution to VCA
Marketing
Special Events/ Goodwill Ambassadors
Holiday Decorations
Contingency
Tourism Related Economic Enhancements (Washington
Ave. & North Beach)
Transfers to FlU Wolfsonian and Ms. USA or Equivalent
Event
Quality of Life Capital Projects & Cultural Programs
Debt Service
Total
th Street Garage -$2,200,000
$ 1,353,195
30,965,000
5,309,000
2,118,361
100,000
2,846,884
165,000
482,241
156,000
175,000
4,684,000
5,899,319
$54,254,000
The Parking Department is responsible for the collection of the revenues in this garage which
will be used to pay associated operating expenses and debt service. The operating budget is
required to cover operating expenses, debt service, and reserve for replacement.
Revenues
Garage Operations
Retained Earnings
Total
Expenses
Operating Expenses
Debt Service
Reserve -Renewal & Replacement
Total
5th and Alton Garage -$162,500
$2,170,475
29,525
$2,200,000
$1,237,298
784,401
178,301
$2,200,000
The 5th and Alton Garage a.k.a. "Potamkin Garage" is a joint venture development between the
City of Miami Beach (City) and Potamkin/Berkowitz (Developer) where a condominium has been
established wherein the City and Developer contributes 46 percent and 54 percent, respectively,
to the operating expenses of the parking garage and also shares profits and losses consistent
with the aforementioned distribution. The Parking Department is responsible for the collection
228
FY 2012/13 Special Revenue Fund Budgets
September 27, 2012
Page 4 of 6
of the revenues in this garage. In the event of any shortfall, the City's portion shall be made up
by funds from excess revenues in the Parking Fund.
Revenues
Garage Operations
Transfer from FY 2012/13 Parking Operations Budget
Total
Expenses
Operating expenses
Art in Public Places (AiPP)-$213,000
$457,400
162.500
$619,900
$619,900
The Art in Public Places (AiPP) Ordinance (Ordinance No. 95-2985) was adopted in 1995. The
ordinance was created to "enhance the aesthetic environment of the City of Miami Beach by
including works of art on public property within the City and in City construction projects." The
AiPP Ordinance was amended in May 2004 to clarify the definition of terms for eligible
construction projects for funding as well as the policy and procedures for appropriations. The
AiPP Guidelines were also adopted by the City Commission at that time.
The AiPP program is funded by 1 % percent of all hard costs of City projects, including new
construction, additions, and costs for construction of joint private/public projects. The fund is
used for the commission or acquisition of works of art; conservation and maintenance of works
of art; research and evaluation of works of art; printing and distribution of related materials; and
administration. The FY 2012/13 AiPP budget of $213,000 is funded from capital budget
appropriations in the amount of $213,000.
Revenues
Prior Capital Budget Appropriations
Expenses
Administration
AiPP Projects Under $25K
Reserve for AiPP Projects
Total
Tourism and Hospitality Scholarship Program-$113,000
$213,000
$148,000
20,000
45,000
$213,000
The City of Miami Beach Tourism and Hospitality Scholarship Program began in 2003 in
partnership with the Greater Miami Convention and Visitors Bureau (GMCVB), SMG and
Centerplate. Contributions to the City's scholarship program were contractually required of the
three (3) entities. During the GMCVB's contract renewal in 2004, the requirement was removed
from their contract. In September of 2008, the City replaced SMG with Global Spectrum.
Global Spectrum and Centerplate currently partner with the City on this program and contribute
$12,500 and $20,000 respectively annually. There is also a carry forward balance of $80,500
available.
229
FY 2012/13 Special Revenue Fund Budgets
September 27, 2012
Page 5 of 6
The scholarship program is geared toward Miami Beach residents or graduates of Miami Beach
Senior High School who are enrolled or are planning to enroll in post-secondary education and
have expressed interest in the food and hospitality industry (as demonstrated by coursework
and extracurricular activities). Since the inception of the program, $214,500 has been awarded
to more than 43 different Miami Beach students.
Revenue
Carry forward balance
FY 2012/13 Contribution
Total
Expenses
Reserve for FY 2012/13 & Future Scholarships
Green/ Sustainability Funds $195,000
$80,500
$32.500
$113,000
$113,000
The Environmental Sustainability fund provides funding for the operating budget for a
citywide multi-family residence and commercial establishment recycling program,
including an initiation of a media, education and outreach recycling campaign. In
addition $50,000 is recommended for LEED project incentive funding, if needed.
Revenues
Carry forward balance $195,000
Expenses
Recycling/ LEED program expenses $195,000
Waste Hauler Additional Services & Public Benefit Funds $64,000
Waste Hauler Additional Services and Public Benefit Contribution funds for sanitation
related services including monthly "Wasteful Weekends" bulk drop off site expenses and
twice yearly hazardous waste drop-off site expenses
Revenues
Carry forward balance
Expenses
Sanitation-related services
Education Compact Funds $101,000
$64,000
$64,000
The Education Compact fund provides funding for teacher development programs and
fees to the International Baccalaureate Organization.
230
FY 2012/13 Special Revenue Fund Budgets
September 27, 2012
Page 6 of 6
Revenues
Carry forward balance
Expenses
IB Program & Training
Red Light Cameras $314,000
$101,000
$101,000
The City's Red Light Camera Photo Enforcement Program went into effect on April 15,
2010. Overall data shows that driver behavior is being modified, as the number of
violations per intersection has declined since the inception of the program. Average
number of violations issued per day is now 1.63. In comparison, a total of 7,572 red light
camera violations were issued in 2010, with an average of 2.94 per camera per day. In
2011, 7030 violations were issued with an average of 1.94 violations per day.
As a consequence of positive driver behavior, as well as changes in State law which
impacted the amount retained by the City, revenues net of expenditures have declined,
and no transfers to the General Fund are anticipated in FY 2012/13.
Revenues
Violation Revenue
Expenses
Operating Expenses
Emergency 911 Funds $651,000
$314,000
$314,000
The Emergency 911 funds were previously budgeted in the Citywide (General Fund)
accounts. Beginning with the FY 2012/13 budget, the administration has made a policy
decision to create a separate fund for the E-911 budget, and remove it from the Citywide
Accounts. This will allow for more discrete reconciliation of revenues and expenses.
Revenues
Landline E-911 Revenue
Landline E-911 Revenue
Total
Expenses
E-911 Operating Expenses
CONCLUSION
$302,000
349,000
$651,000
$651,000
The attached Resolution adopting funding for FY 2012/13 budgets from these sources is vital to
the continuation of these projects and activities provided by the City.
KGB/TOS/PAR
231
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING FISCAL YEAR (FY) 2012/13 BUDGETS
FOR SPECIAL REVENUE FUNDS FOR RESORT TAX; THE th STREET
PARKING GARAGE OPERATIONS;THE 5th AND ALTON PARKING GARAGE
OPERATIONS; ART IN PUBLIC PLACES (AiPP), TOURISM AND
HOSPITALITY SCHOLARSHIP PROGRAM, GREEN/ SUSTAINABILITY
FUNDS, WASTE HAULER ADDITIONAL SERVICES AND PUBLIC BENEFIT
FUNDS, EDUCATION COMPACT FUNDS, RED LIGHT CAMERA FUNDS,
AND EMERGENCY 911 FUNDS.
WHEREAS, expenses related to tourism, monitoring and auditing payments, and receipt
of Resort Taxes to the City, will be paid by the Resort Tax Fund; and
WHEREAS, the budget for the public parking garage located at 71h Street and Collins
Avenue {the th Street Parking Garage) provides funding for operating expenses, debt service,
and a reserve for renewal and replacement; and
WHEREAS, the budget for the public parking garage operations located at 5TH and Alton
provides funding for the City's share of the shortfall contribution requirements; and
WHEREAS, the Art in Public Places (AiPP) fund is used for the commission or
acquisition of works of art, conservation and maintenance of works of art, research and
evaluation of works of art, printing and distribution of related materials, and administration; and
WHEREAS, the Tourism and Hospitality Scholarship Program funded by contributions
from Global Spectrum and Centerplate and awarded to Miami Beach students enrolled or
planning to enroll in post-secondary education and have expressed interest in the food and
hospitality industry; and
WHEREAS, the Green/Sustainability fund provides funding for the operating budget for
a Citywide Multi-family Residence and Commercial Establishment Recycling Program, including
an initiation of a media, education and outreach recycling campaign; and
WHEREAS, the Waste Hauler Additional Services and Public Benefit Contribution funds
for sanitation-related services including monthly "Wasteful Weekends" bulk drop off site
expenses and twice yearly hazardous waste drop-off site expenses; and
WHEREAS, the Education Compact fund provides funding for teacher development
programs and fees to the International Baccalaureate Organization; and
WHEREAS, the Red Light Camera fund provides funding for red light camera-related
operating expenses; and
WHEREAS, the Emergency 911 fund provides funding for E-911 related operating
expenses; and
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 adopts and appropriates the FY 2012/13 budgets for Special Revenue
Funds as listed below:
232
SPECIAL REVENUE APPROPRIATIONS
Resort Tax
7th Street Garage Operations
5th & Alton Garage-City's Share of Shortfall
Art in Public Places
Tourism and Hospitality Scholarship Program
Green/Sustainability Fund
Waste Hauler Additional Services & Public Benefit Fund
Education Compact Fund
Red Light Camera Fund
Emergency 911 Fund
TOTAL
FY 2012/13
$54,254,000
2,200,000
619,900
213,000
113,000
195,000
64,000
101,000
314,000
651,000
$58,724,900
PASSED and ADOPTED this 27th day of September, 2012.
ATTEST BY:
CITY CLERK
233
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
q-c}J-12-
0ate '
ONALLY
234
COMMISSION ITEM SUMMARY
Condensed Titles:
Resolution authorizing the City to enter into certain Independent Contractor Agreements for professional and other services, as
required and as are deemed in the best interest of the City, subject to and contingent upon the following parameters: (1) the City
Manager shall only enter into contracts for such professional and other services to provide services and/or work related to vacant
budgeted positions, as identified in the City's approved Fiscal Year (FY) 2012/2013 Annual Budget; (2) the amount of the fee and/or
other compensation to be paid under such contract(s) shall not exceed the authorized amount for the respective
position/classification, as set forth, respectively, in the Classified or Unclassified Salary Ordinance (as the case may be); (3) the term
of any Independent Contractor Agreement authorized herein shall not extend beyond the end of FY 2012/2013 (September 30,
2013); (4) at a minimum, any Independent Contractor Agreement entered pursuant to this Resolution shall utilize the City's standard
form for independent contractors (as attached to this Resolution), provided that the Manager may incorporate additional terms,
which may be more stringent than the City's form, but not more lenient; and (5) providing that the authority granted pursuant to this
Resolution shall be brought to the City commission for renewal annually as part of the annual operating budget approvals.
Resolution authorizing the City to enter into certain independent contractor agreements for the following services, as required and
as are deemed in the best interest of the City: dance instruction; ice skating instruction; athletics instruction/coaching; aerobics
instruction; fitness instruction; literacy, math and SAT tutoring; computer (IT) services; School Liaison Officers; Resident Project
Representatives (RPR); community information services; construction cost estimating/consulting services; television production
services; videographer services; graphic designer"'''" v'""'"'• program monitor services; cost allocation service; auditors; job audits;
Step Ill Disciplinary Hearing Officer; Historical Researcher; Latent Examiner services; and Accreditation services/support; provided
further that the City Manager shall be authorized to negotiate, enter into, and execute the aforestated agreements subject to the
following minimum parameters: (1) the amount of the fee and/or other compensation to be paid by the City under such agreement(s)
shall not exceed the authorized amount for the respective services, as set forth in the City's approved Fiscal Year (FY) 2012/2013
Annual Budget; (2) the term of any services agreement authorized herein shall not extend beyond the end of FY 2012/2013
(September 30, 2013); (3) at a minimum, any agreement entered pursuant to this Resolution shall utilize the City's standard form
Independent Contractor Agreement (as attached to this Resolution), provided that the City may incorporate additional terms, which
may be more stringent than the City's form, but not more lenient; and (4) providing that the authority granted pursuant to this
Resolution shaH be brought to the City commission for renewal annually as part of the annual operating budget approvals,
Key Intended Outcome Supported:
(1) Increase satisfaction with family recreational activities; (2) Enhance external and internal communications from and within the
City; (3) Control costs of payroll including salary and fringes/ minimize taxes/ ensure expenditure trends are sustainable over the
long term; and (4) attract and maintain a quality workforce.
2012 Community Satisfaction survey: 85% of residents rated Recreation Programs as excellent/good and 85% of residents strongly 1
agreed/agreed with the professionalism City customer service representatives. 1
Issue:
Shall the City Manager be granted the authority to enter into certain Independent Contractor Agreements?
Item Summary/Recommendation:
Under the City Charter, the City Manager has the authority to appoint an employee into a vacant, budgeted position with a salary
within the range established by the City Commission for that classification. Given the current financial realities, the City has had to
eliminate positions in its annual budget the past five (5) Fiscal Years, and again for the one ending on September 30, 2013. It has
been the City's practice to restrict hiring for vacant positions where practicable. In some instances where positions were held vacant,
the City has retained independent contractors to provide the service or work. The Administration recommends that the City
Commission authorize the City Manager to negotiate, enter and execute certain independent contractor agreements, including those
having an amount exceeding $25,000, to provide services or work related to vacant, budgeted positions, subject to certain
parameters. Additionally, the Administration recommends that the City Manager be authorized to negotiate, enter and execute
independent contractor agreements, including those exceeding $25,000, to provide services related to certain activities typically
retained on an annual basis as outlined in the City Commission Memorandum, subject to certain minimum parameters.
Source of Amount
Funds:
MIAMI H 235
Account
AGENDA ITEM~"'~,.~:,,:::.:,~
DATE ~-~"~'~,,~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager ~
September 27, 2012
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO
ENTER INTO CERTAIN INDEPENDENT CONTRACTOR AGREEMENTS FOR
PROFESSIONAL AND OTHER SERVICES, AS REQUIRED AND AS THE CITY MANAGER
DEEMS IN THE BEST INTEREST OF THE CITY, SUBJECT TO AND CONTINGENT UPON
THE FOLLOWING PARAMETERS: 1) THE CITY MANAGER SHALL ONLY ENTER INTO
CONTRACTS FOR SUCH PROFESSIONAL AND OTHER SERVICES TO PROVIDE
SERVICES AND/OR WORK RELATED TO VACANT BUDGETED POSITIONS, AS
IDENTIFIED IN THE CITY'S APPROVED FISCAL YEAR (FY) 2012/2013 ANNUAL
BUDGET; 2) THE AMOUNT OF THE FEE AND/OR OTHER COMPENSATION TO BE PAID
BY THE CITY UNDER SUCH CONTRACT($) SHALL NOT EXCEED THE AUTHORIZED
AMOUNT FOR THE RESPECTIVE POSITION/CLASSIFICATION, AS SET FORTH,
RESPECTIVELY, IN THE CITY'S CLASSIFIED OR UNCLASSIFIED SALARY ORDINANCE
(AS THE CASE MAY BE); 3) THE TERM OF ANY INDEPENDENT CONTRACTOR
AGREEMENT AUTHORIZED HEREIN SHALL NOT EXTEND BEYOND THE END OF FY
2012/2013 (SEPTEMBER 30, 2013); 4) AT A MINIMUM, THE CITY MANAGER SHALL
REQUIRE THAT ANY INDEPENDENT CONTRACTOR AGREEMENT ENTERED INTO
PURSUANT TO THIS RESOLUTION SHALL UTILIZE THE CITY'S STANDARD FORM
FOR INDEPENDENT CONTRACTORS (AS ATTACHED TO THIS RESOLUTION),
PROVIDED THAT THE CITY MANAGER MAY INCORPORATE ADDITIONAL TERMS,
WHICH MAY BE MORE STRINGENT THAN THE CITY'S FORM, BUT NOT MORE
LENIENT; AND 5) PROVIDING THAT THE AUTHORITY GRANTED TO THE CITY
MANAGER PURSUANT TO THIS RESOLUTION SHALL BE BROUGHT TO THE CITY
COMMISSION FOR RENEWAL ANNUALLY AS PART OF THE ANNUAL OPERATING
BUDGET APPROVALS.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO
ENTER INTO CERTAIN INDEPENDENT CONTRACTOR AGREEMENTS FOR THE
FOLLOWING SERVICES, AS REQUIRED AND AS THE CITY MANAGER DEEMS IN THE
BEST INTEREST OF THE CITY: DANCE INSTRUCTION; ICE SKATING INSTRUCTION;
ATHLETICS INSTRUCTION/COACHING; AEROBICS INSTRUCTION; FITNESS
INSTRUCTION; LITERACY, MATH AND SAT TUTORING; COMPUTER (IT) SERVICES;
SCHOOL LIAISON OFFICERS; RESIDENT PROJECT REPRESENTATIVES (RPR);
COMMUNITY INFORMATION SERVICES; CONSTRUCTION COST
ESTIMATING/CONSULTING SERVICES; TELEVISION PRODUCTION SERVICES;
VIDEOGRAPHER SERVICES; GRAPHIC DESIGNER SERVICES; PROGRAM MONITOR
SERVICES; COST ALLOCATION SERVICE; JOB AUDITS; STEP Ill DISCIPLINARY
GRIEVANCE HEARING OFFICER; AUDITORS; HISTORICAL RESEARCHER; LATENT
EXAMINER SERVICES; AND ACCREDITATION SERVICES/SUPPORT; PROVIDED
FURTHER THAT THE CITY MANAGER SHALL BE AUTHORIZED TO NEGOTIATE,
ENTERINTO,ANDEXECUTETHEAFORESTATEDAGREEMENTSSUBJECTTOTHE
236
City Commission Memorandum
September 27, 2012
Independent Contractor Agreements
Page 2 of4
FOLLOWING MINIMUM PARAMETERS: 1) THE AMOUNT OF THE FEE AND/OR OTHER
COMPENSATION TO BE PAID BY THE CITY UNDER SUCH AGREEMENT(S) SHALL
NOT EXCEED THE AUTHORIZED AMOUNT FOR THE RESPECTIVE SERVICES, AS SET
FORTH IN THE CITY'S APPROVED FISCAL YEAR (FY) 2012/2013 ANNUAL BUDGET; 2)
THE TERM OF ANY SERVICES AGREEMENT AUTHORIZED HEREIN SHALL NOT
EXTEND BEYOND THE END OF FY 2012/2013 (SEPTEMBER 30, 2013); 3) AT A
MINIMUM, THE CITY MANAGER SHALL REQUIRE THAT ANY AGREEMENT ENTERED
INTO PURSUANT TO THIS RESOLUTION SHALL UTILIZE THE CITY'S STANDARD
FORM INDEPENDENT CONTRACTOR AGREEMENT (AS ATTACHED TO THIS
RESOLUTION), PROVIDED THAT THE CITY MANAGER MAY INCORPORATE
ADDITIONAL TERMS, WHICH MAY BE MORE STRINGENT THAN THE CITY'S FORM,
BUT NOT MORE LENIENT; AND 4) PROVIDING THAT THE AUTHORITY GRANTED TO
THE CITY MANAGER PURSUANT TO THIS RESOLUTION SHALL BE BROUGHT TO
THE CITY COMMISSION FOR RENEWAL ANNUALLY AS PART OF THE ANNUAL
OPERATING BUDGET APPROVALS.
ADMINISTRATION RECOMMENDATION
Adopt both Resolutions.
BACKGROUND I ANALYSIS
The first Resolution pertains to independent contractor agreements for individuals hired to perform a
specific function for a temporary period. These individuals are usually compensated at an hourly or
project specific rate.
Under the City Charter, the City Manager has the authority to appoint an employee into a vacant,
budgeted position with a salary within the range established by the City Commission for that
classification.
Given current financial realities, the City has had to eliminate approximately 250 full-time position
and part-time since Fiscal Year (FY) 2007/08. It has been the City's practice to restrict hiring for
vacant positions where practicable. All vacant positions identified to be filled are carefully analyzed.
Positions that were deemed "mission critical" have been filled, but others have been held vacant.
This has been done to try to place employees whose positions may have been eliminated, and also
to avoid hiring an employee and then possibly having to lay them off at the end of the fiscal year if
their position is eliminated.
In some instances where positions were held vacant, the City has retained independent contractors
to provide the respective services and/or work. Because the City Code requires contracts in excess
of $25,000 to be approved by the City Commission, these agreements have typically been limited to
that maximum amount.
In an effort to save on both short-term and long-term costs, such as pension and health benefits, the
Administration is recommending that the City Commission authorize the City Manager to negotiate,
enter into, and execute certain independent contractor agreements, including those having an
amount that may exceed $25,000, subject to all of the following parameters:
• The independent contractor agreements authorized under this Resolution will be limited to
services and/or work related to a vacant, budgeted position, as approved in the City's FY
2012/2013 annual operating budget;
237
City Commission Memorandum
September 27, 2012
Independent Contractor Agreements
Page 3 of 4
• The value of the agreement will not exceed the amount already authorized in the City's
Classified and Unclassified Salary Ordinances (as applicable), and will not extend beyond
September 30, 2013; and
• Any agreement entered into will contain, at a minimum, the provisions outlined in the City's
standard form independent contractor agreement (Attachment A).
A Resolution requesting the initial authorization for the City Manager to enter into these agreements
was first heard at the September 24, 2009 City Commission meeting, where it was referred to the
Finance and Citywide Projects Committee. At its October 29, 2009 meeting, the Finance and
Citywide Projects Committee held a discussion regarding this item. As part of the discussion, the
Administration clarified that the purpose of this item was not to replace those employees currently in
a position, or to eliminate a position and layoff an employee to then hire an independent contractor
to perform the same functions. The independent contractors will be used to perform the functions of
vacant, budgeted positions where a previous incumbent employee separated from City of their own
choosing, or through termination based on cause.
The City Commission also approved this Resolution at its December 9, 2009 meeting for the fiscal
year ending on September 30, 201 0; renewed it on September 20, 2010 for the fiscal year ending
September 30, 2011; and also renewed it on September 27, 2011 for the fiscal year ending on
September 30, 2012. This authority would be brought back for renewal on an annual basis as part
of the budget process, as the authority expires at the end of each fiscal year.
This updated resolution is for the 2012/2013 Fiscal Year.
The second Resolution also pertains to independent contractors who will be providing certain
specific services and/or work that were otherwise budgeted in each of the respective departmental
budgets. Some of the services budgeted include: Dance Instruction, Ice Skating Instruction,
Athletics Instruction/Coaching, Aerobics Instruction, Compute (IT) Services, Fitness Instruction,
Literacy, Math and SAT Tutoring for the Parks and Recreation Department; School Liaison Officers
for the Police Department; Resident Project Representatives (RPR); Community Information
Services; Construction Cost Estimating/Consulting Services for the Capital Improvement Projects
(CIP) Office; Television Production Services, Videographer Services, and Graphic Designer
Services for the Office of Communications; Homeless Outreach, Housing Services, Tutoring
Services and Program Monitor Services for the Office of Real Estate, Housing and Community
Development; Cost Allocation Services for the Finance Department; Auditor Services for the Office
of Budget and Performance Improvement; and Job Audit Services and Step Ill Disciplinary
Grievance hearing officer for the Human Resources Department. Additionally, for this upcoming
fiscal year, we are requesting the inclusion of the following two (2) new categories: Historical
Researcher, to support the Planning Department in preparation of historic designation reposts and
other written reports of historical nature and assist with archive research; Latent Examiner Services
that are used by the Police Department in reviewing reports, training personnel and maintaining
monthly FDLE and AFIS statistical data; and accreditation services/support.
In an effort to coordinate the execution of agreements for the kind of services and/or work
referenced in the second Resolution, the Administration also recommends that the City Manager be
authorized to negotiate, enter into, and execute such agreements, including those having an amount
greater than $25,000, subject to all of the following parameters:
• The agreements will be limited to the services and/or work specifically listed in the second
Resolution;
238
City Commission Memorandum
September 27, 2012
Independent Contractor Agreements
Page 4 of 4
• The value of the agreement will not exceed the authorized amount for the respective services
and/or work, as set forth in the City's Approved FY 2012/2013 Annual Budget;
• The term of the agreement shall not extend beyond the end of FY 2012/2013 (September 30,
2013); and
• Any agreement entered into will contain, at a minimum, the provisions outlined in the City's
standard form agreement for independent contractors (Attachment A).
The City Commission also approved this Resolution at its December 9, 2009 meeting for the fiscal
year ending on September 30, 201 0; renewed it on September 20, 2010 for the fiscal year ending
September 30, 2011; and also renewed it on September 27, 2011 for the fiscal year ending on
September 30, 2012. The resolutions were subject to the same monitoring through periodic Letters
to the Commission (LTC) as the Resolutions above, and that this authority would be brought back
for renewal on an annual basis as part of the budget process, as the authority expires at the end of
the fiscal year.
This updated resolution is for the 2012/2013 Fiscal Year.
CONCLUSION
The Administration recommends adopting both Resolutions.
Attachment
T:\AGENDA\2012\9-27-12\Independent Contractor Memo 2012-2013.doc
239
ATTACHMENT A
CITY'S STANDARD FORM
FOR INDEPENDENT CONTRACTORS
240
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is entered into on this __ day of , between [ENTER
FULL NAME OF CONTRACTOR] (Contractor), and the City of Miami Beach, Florida (City),
for a period of [ENTER DURATION/TERM OF AGREEMEN]], with an effective starting date
of I ], and an end date of (the Term).
1. Scope of Work/Services.
This Agreement is for the purpose of providing [PROVIDE BRIEF
DESCRIPTION/SUMMARY OF WHAT CONTRACTOR WILL DO] to the City's
Department. Specifically, throughout the Term of this
Agreement, Contractor shall provide and/or perform the following minimum services:
[INSERT DETAILED AND/OR ITEMIZED DESCRIPTION OF WORK AND/OR
SERVICES CONTRACTOR WILL PROVIDE)
2. Fee.
In consideration of the work and/or services to be provided pursuant to this Agreement, the
City agrees to pay Contractor a fee, in the not to exceed amount of [ FILL IN TOTAL
$AMOUN]], which shall be paid as follows:
[INSERT, IN DETAIL, HOW FEE WILL BE PAID. INCLUDE WHETHER
FEE WILL BE PAID HOURLY, WEEKLY, MONTHLY, ETC.; WHETHER
IT'S SUBJECT TO CONTRACTOR PROVIDING TIME SHEETS, OR
WORK SCHEDULE, ETC.]
The total fee paid to Contractor pursuant to this Agreement shall not exceed [FILL IN A NOT
TO EXCEED AMOUN]] for the Term provided herein.
3. Work Schedule.
During the Term of the Agreement, Contractor shall provide the work and/or services in
accordance with the following minimum work schedule:
[INSERT WORK SCHEDULE (EXAMPLE: MON-FRI. 9 AM TO 5PM,
EXCLUDING RECOGNIZED CITY HOLIDAYS). IF IT'S ANOTHER
TYPE OF SCHEDULE SUCH AS ON AN HOURLY BASIS OR ONLY ON
SPECIFIC DAYS, BE SPECIFIC AS TO MINIMUM HOURS OR DAYS
CONTRACTOR IS EXPECTED TO WORK IN ORDER TO GET PAID
THE FEE SET FORTH HERE.]
Contractor's work and/or services shall be overseen by the following City
Department/Individual: [INSERT TITLE, DEPARTMENT OF CITY (INDIVIDUAL
OVERSEEING SERVICES).]
4. Termination.
This Agreement may be terminated for convenience of either party, with or without cause, by
giving written notice to the other party of such termination, which shall become effective
upon fourteen (14) days following receipt by the other party of the written termination notice.
Upon termination in accordance with this paragraph, the Contractor shall be paid a sum
equal to all payments due to him/her up to the date of termination; provided Contractor is
satisfactorily continuing to satisfactorily perform all work and/or services up to the date of
241
termination. Thereafter, the City shall be fully discharged from any further liabilities, duties,
and terms arising out of, or by virtue of, this Agreement.
5. Indemnification/Hold Harmless.
Contractor agrees to indemnify, defend, and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities,
losses and expenses, including but not limited to, attorney's fees, for personal economic or
bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may
arise or be alleged to have arisen from the negligent acts or omissions or other wrongful
conduct of Contractor, and/or any and all subcontractors, employees, agents, or any other
person or entity acting under Contractor's control, in connection with the Contractor's
performance of the work and/or services pursuant to this Agreement. Contractor shall pay
all such claims and losses and shall pay all costs and judgments which may arise from any
lawsuit arising from such claims and losses, and shall pay all costs and attorney's fees
expanded by the City in defense of such claims and losses, including appeals. The parties
agree that one percent (1 %) of the total compensation to Contractor for performance of the
work and/or services under this Agreement is the specific consideration from the City to
Contractor for the Contractor's agreement to indemnify and hold the City harmless, as
provided herein. Contractor and the City hereby agree and acknowledge that this indemnity
provision is intended to and shall survive the termination (or earlier expiration) of this
Agreement.
6. Limitation of Liability.
The City desires to enter into this Agreement only if in so doing the City can place a limit on
City's liability for any cause of action for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach never exceeds the sum of the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach. Contractor hereby expresses
his willingness to enter into this Agreement with Contractor's recovery from the City for any
damage action for breach of contract to be limited to a maximum amount equal to the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach. Accordingly, and
notwithstanding any other term or condition of this Agreement, Contractor hereby agrees
that the City shall not be liable to Contractor for damages in the amount in excess of the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach, for any action or claim for
breach of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this Agreement. Nothing contained in this subparagraph 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.
7. Notices.
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
242
CONTRACTOR:
CITY:
[INSERT NAME OF CONTRACTOR]
[INSERT ADDRESS OF CONTRACTOR]
[INSERT PHONE NUMBER]
[INSERT DEPARTMENT DIRECTOR]
City of Miami Beach
[INSERT DEPARTMENT NAME]
1700 Convention Center Drive
Miami Beach, FL 33139
(305) -------
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day
following the date mailed; and if mailed to an address outside the city of dispatch on the
seventh day following the date mailed.
8. Venue.
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida, both substantive and remedial, without regard to principles of 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, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND
CONTRACTOR 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.
9. Duty of Care/Compliance with Applicable Laws.
With respect to the performance of the work and/or service contemplated herein,
Contractor shall exercise that degree of skill, care, efficiency and diligence normally
exercised by reasonable persons and/or recognized professionals with respect to the
performance of comparable work and/or services.
In its performance of the work and/or services, Contractor shall comply with all applicable
laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and
the federal government, as applicable.
The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of
Interest Ordinance, as same may be amended from time to time; and by any and all
ethics/standards of conducts as referenced in Chapter 2 of the City of Miami Beach Code
(as may be amended from time to time).
Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of
the work and/or services. Contractor further covenants that in the performance of work
and/or services under this Agreement, no person having any such interest shall knowingly
be employed by the Contractor. No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or to any benefits arising
there from.
10. Ownership of Documents/Patents and Copyrights.
Any and all documents prepared by Contractor pursuant to this Agreement are related
exclusively to the work and/or services described herein, and are intended or represented for
243
ownership by the City. Any re-use distribution, or dissemination of same by Contractor, other
than to the City, shall first be approved in writing by the City Manager, which approval, if
granted at all, shall be at the City Manager's sole and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement, as well as all
information, specifications, processes, data and findings, shall be made available to the
City, in perpetuity, for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for patent or copyright by or on behalf of
the Contractor (or its employees or sub-contractors, (if any) without the prior written
consent of the City Manager, which consent, if given at all, shall be at the Manager's sole
and absolute discretion.
11. No Assignment/Transfer.
This section intentionally left blank.
12. Liability for Sub-contractors.
Contractor shall be liable for its work and/or services, responsibilities and liabilities under
this Agreement and the services, responsibilities and liabilities of any sub-contractors (if
any), and any other person or entity acting under the direction or control of Contractor (if
any). When the term "Contractor" is used in this Agreement, it shall be deemed to include
any sub-contractors (if any) and/or any other person or entity acting under the direction or
control of Contractor (if any). All sub-contractors (if any) must be approved in writing by the
City Manager prior to their engagement by Contractor, which approval, if granted at all,
shall be at the City Manager's sole and absolute discretion.
13. Independent Contractor/No Joint Venture.
THIS AGREEMENT SHALL NOT CONSTITUTE OR MAKE THE PARTIES A
PARTNERSHIP OR JOINT VENTURE. FOR THE PURPOSES OF THIS AGREEMENT,
THE CONTRACTOR SHALL BE DEEMED TO BE AN INDEPENDENT CONTRACTOR,
AND NOT AN AGENT OR EMPLOYEE OF THE CITY, AND SHALL NOT ATTAIN ANY
RIGHTS OR BENEFITS UNDER THE CIVIL SERVICE OR PENSION ORDINANCE OF
THE CITY, OR ANY RIGHT GENERALLY AFFORDED CLASSIFIED OR UNCLASSIFIED
EMPLOYEES INCLUDING ANNUAL AND SICK DAY ACCRUAL. FURTHER, THE
CONTRACTOR SHALL NOT BE DEEMED ENTITLED TO FLORIDA WORKER'S
COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR ACCUMULATION OF
SICK OR ANNUAL LEAVE.
14. Waiver of Breach.
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
15. Severance.
In the event this Agreement or a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City
elects to terminate this Agreement.
244
16. Joint Preparation.
The parties hereto acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete understanding of
all rights and obligations herein and that the preparation of this Agreement has been a joint
effort of the parties, the language has been agreed to by parties to express their mutual
intent and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other.
17. Entire Agreement.
This writing and any exhibits and/or attachments incorporated (and/or otherwise referenced
for incorporation herein) embody the entire Agreement and understanding between the
parties hereto, and there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded hereby.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
245
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
the respective officials thereunto duly authorized, this date and year first above written.
FOR CITY:
ATTEST:
By:
City Clerk
FOR CONTRACTOR:
WITNESS:
By:
Print Name
By:
Print Name
Approved:
Department Director
Office of Budget and Performance Improvement
Human Resources
246
CITY OF MIAMI BEACH, FLORIDA
City Manager
[INSERT CONTRACTOR NAME]
Signature
Print Name I Title
Approved as to form & language &
for execution.
City Attorney Date
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, ON BEHALF
OF THE CITY, TO ENTER INTO CERTAIN INDEPENDENT CONTRACTOR
AGREEMENTS FOR PROFESSIONAL AND OTHER SERVICES, AS REQUIRED
AND AS THE CITY MANAGER DEEMS IN THE BEST INTEREST OF THE CITY,
SUBJECT TO AND CONTINGENT UPON THE FOLLOWING PARAMETERS: 1)
THE CITY MANAGER SHALL ONLY ENTER INTO CONTRACTS FOR SUCH
PROFESSIONAL AND OTHER SERVICES TO PROVIDE SERVICES AND/OR
WORK RELATED TO VACANT BUDGETED POSITIONS, AS IDENTIFIED IN
THE CITY'S APPROVED FISCAL YEAR (FY) 2012/2013 ANNUAL BUDGET; 2)
THE AMOUNT OF THE FEE AND/OR OTHER COMPENSATION TO BE PAID
BY THE CITY UNDER SUCH CONTRACT(S) SHALL NOT EXCEED THE
AUTHORIZED AMOUNT FOR THE RESPECTIVE POSITION/CLASSIFICATION,
AS SET FORTH, RESPECTIVELY, IN THE CITY'S CLASSIFIED OR
UNCLASSIFIED SALARY ORDINANCE (AS THE CASE MAY BE); 3) THE
TERM OF ANY INDEPENDENT CONTRACTOR AGREEMENT AUTHORIZED
HEREIN SHALL NOT EXTEND BEYOND THE END OF FY 2012/2013
(SEPTEMBER 30, 2013); 4) AT A MINIMUM, THE CITY MANAGER SHALL
REQUIRE THAT ANY INDEPENDENT CONTRACTOR AGREEMENT ENTERED
INTO PURSUANT TO THIS RESOLUTION SHALL UTILIZE THE CITY'S
STANDARD FORM FOR INDEPENDENT CONTRACTORS (AS ATTACHED TO
THIS RESOLUTION), PROVIDED THAT THE CITY MANAGER MAY
INCORPORATE ADDITIONAL TERMS, WHICH MAY BE MORE STRINGENT
THAN THE CITY'S FORM, BUT NOT MORE LENIENT; AND 5) PROVIDING
THAT THE AUTHORITY GRANTED TO THE CITY MANAGER PURSUANT TO
THIS RESOLUTION SHALL BE BROUGHT TO THE CITY COMMISSION FOR
RENEWAL ANNUALLY AS PART OF THE ANNUAL OPERATING BUDGET
APPROVALS.
WHEREAS, under the City Charter, the City Manager has the authority to appoint
an employee into a vacant, budgeted position with a salary within the range established by
the City Commission for the classification; and
WHEREAS, given current financial realities, the City has had to eliminate positions
in its annual budget since Fiscal Year 2007/08.
WHEREAS, it has been the City's practice to restrict hiring for vacant positions
where practicable; and
WHEREAS, all vacant positions identified to be filled are carefully analyzed, and
positions that were deemed mission critical have been filled, but others have been held
vacant; and
WHEREAS, this has been done to try to place employees whose positions may
have been eliminated, and also to avoid hiring an employee and then possibly having to
lay them off at the end of the fiscal year if their position is eliminated; and
WHEREAS, in some instances where positions were held vacant, the City has
retained independent contractors to provide the respective services and/or work; and
247
WHEREAS, because the City Code requires contracts in excess $25,000 to be
approved by the City Commission, these agreements have typically been limited to that
maximum amount; and
WHEREAS, on rare occasions, independent contractor agreements for amounts
over $25,000 have been brought to the City Commission for approval; and
WHEREAS, in an effort to save on both short-term and long-term costs, such as
pension and health benefits, the Administration is recommending that the City Commission
authorize the City Manager to negotiate, enter into, and execute certain independent
contractor agreements, including those having an amount that may exceed $25,000,
subject to the following parameters:
• The independent contract agreements authorized under this Resolution will be
limited to services and/or work related to a vacant, budgeted position, as
approved in the City's Fiscal Year (FY) 2012/2013 annual operating budget;
• The value of the agreement will not exceed the amount already authorized in
the City's Classified and Unclassified Salary Ordinances (as applicable), and
will not extend beyond September 30, 2013; and
• Any agreement entered into will contain, at a minimum, the provisions outlined
in the City's standard form independent contractor agreement (a copy of which
is attached hereto and incorporated herein); and
WHEREAS, the City Commission granted similar authority to the City Manager on
September 20, 2010 for FY 2010/2011 and renewed the authority on September 27, 2011
for FY 2011/2012; and
WHEREAS, during the discussions for the initial authority, it was said that this
authority would be brought back for renewal on an annual basis as part of the budget
process, as the authority expires at the end of the fiscal year.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is
authorized, on behalf of the City, to enter into certain independent contractor agreements
for professional and other services, as required and as the City Manager deems in the
best interest of the City, subject to and contingent upon the following parameters: 1) the
City Manager shall only enter into contracts for such professional and other services to
provide services and/or work related to vacant budgeted positions, as identified in the
City's approved Fiscal Year (FY) 2012/2013 Annual Budget; 2) the amount of the fee
and/or other compensation to be paid by the City under such contract(s) shall not exceed
the authorized amount for the respective position/classification, as set forth, respectively,
in the City's Classified or Unclassified Salary Ordinance (as the case may be); 3) the term
of any independent contractor agreement authorized herein shall not extend beyond the
end of FY 2012/2013 (September 30, 2013); 4) at a minimum, the City Manager shall
require that any independent contractor agreement entered into pursuant to this resolution
shall utilize the City's standard form for independent contractors, provided that the City
Manager may incorporate additional terms, which may be more stringent than the City's
form, but not more lenient; and 5) providing that the authority granted to the City Manager
pursuant to this Resolution shall be brought to the City Commission for renewal annually
as part of the annual operating budget approvals.
248
r-M . ..,..,;;;;u and ADOPTED this __ day of---~~----' 2012.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2012\9-27-12\Independent Contractor Resos 2012-2013.doc
249
APPROVED AS
FORM & LANGUAGE
&FO CUTION
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, ON BEHALF
OF THE CITY, TO ENTER INTO CERTAIN INDEPENDENT CONTRACTOR
AGREEMENTS FOR THE FOLLOWING SERVICES, AS REQUIRED AND AS
THE CITY MANAGER DEEMS IN THE BEST INTEREST OF THE CITY: DANCE
INSTRUCTION; ICE SKATING INSTRUCTION; ATHLETICS INSTRUCTION/
COACHING; AEROBICS INSTRUCTION; FITNESS INSTRUCTION; LITERACY,
MATH AND SAT TUTORING; COMPUTER (IT) SERVICES; SCHOOL LIAISON
OFFICERS; RESIDENT PROJECT REPRESENTATIVES (RPR); COMMUNITY
INFORMATION SERVICES; CONSTRUCTION COST
ESTIMATING/CONSULTING SERVICES; TELEVISION PRODUCTION
SERVICES; VIDEOGRAPHER SERVICES; GRAPHIC DESIGNER SERVICES;
PROGRAM MONITOR SERVICES; COST ALLOCATION SERVICE; JOB
AUDITS; STEP Ill DISCIPLINARY GRIEVANCE HEARING OFFICER;
AUDITORS; HISTORICAL RESEARCHER; AND LATENT EXAMINER
SERVICES; PROVIDED FURTHER THAT THE CITY MANAGER SHALL BE
AUTHORIZED TO NEGOTIATE, ENTER INTO, AND EXECUTE THE
AFORESTATED AGREEMENTS SUBJECT TO THE FOLLOWING MINIMUM
PARAMETERS: 1) THE AMOUNT OF THE FEE AND/OR OTHER
COMPENSATION TO BE PAID BY THE CITY UNDER SUCH AGREEMENT(S)
SHALL NOT EXCEED THE AUTHORIZED AMOUNT FOR THE RESPECTIVE
SERVICES, AS SET FORTH IN THE CITY'S APPROVED FISCAL YEAR (FY)
2012/2013 ANNUAL BUDGET; 2) THE TERM OF ANY SERVICES AGREEMENT
AUTHORIZED HEREIN SHALL NOT EXTEND BEYOND THE END OF FY
2012/2013 (SEPTEMBER 30, 2013); 3) AT A MINIMUM, THE CITY MANAGER
SHALL REQUIRE THAT ANY AGREEMENT ENTERED INTO PURSUANT TO
THIS RESOLUTION SHALL UTILIZE THE CITY'S STANDARD FORM
INDEPENDENT CONTRACTOR AGREEMENT (AS ATTACHED TO THIS
RESOLUTION), PROVIDED THAT THE CITY MANAGER MAY INCORPORATE
ADDITIONAL TERMS, WHICH MAY BE MORE STRINGENT THAN THE CITY'S
FORM, BUT NOT MORE LENIENT; AND 4) PROVIDING THAT THE
AUTHORITY GRANTED TO THE CITY MANAGER PURSUANT TO THIS
RESOLUTION SHALL BE BROUGHT TO THE CITY COMMISSION FOR
RENEWAL ANNUALLY AS PART OF THE ANNUAL OPERATING BUDGET
APPROVALS.
WHEREAS, the City budgets for certain services to be provided each year in its
annual operating budget in the respective departmental budgets; and
WHEREAS, some of the services budgeted include: Dance Instruction, Ice Skating
Instruction, Athletics Instruction/Coaching, Aerobics Instruction, Fitness Instruction,
Computer (IT) Services and Literacy, Math and SAT Tutoring for the Parks and Recreation
Department; School Liaison Officers, Latent Examiner Services, and Accreditation
services/support for the Police Department; Resident Project Representatives (RPR);
Community Information Services; Construction Cost Estimating/Consulting Services for
the Capital Improvement Projects (CIP) Office; Television Production Services,
Videographer Services, and Graphic Designer Services for the Office of Communications;
Homeless Outreach; Housing Services; Tutoring Services and Program Monitor Services
for the Office of Real Estate, Housing and Community Development; Cost Allocation
Services for the Finance Department; Auditor Services for the Office of Budget and
Performance Improvement; Job Audits/Surveys and Step Ill Disciplinary Grievance
250
Hearing Officer for the Human Resources Department; and Historical Researcher Services
for the Planning Department
WHEREAS, because the City Code requires contracts in excess $25,000 to be
approved by the City Commission, agreements for these services have typically been
limited to that maximum amount; and
on rare occasions, independent contractor agreements for amounts
over $25,000 have been brought to the City Commission for approval; and
WHEREAS, in an effort to coordinate the execution of agreements for the kind of
services and/or work referenced herein, the Administration is recommending that the City
Commission authorize the City Manager to negotiate, enter into, and execute certain
independent contractor agreements, including those having an amount that may exceed
$25,000, subject to the following parameters:
• The agreements will only be limited to the services and/or work specifically
listed in this Resolution;
• The value of the agreement will not exceed the authorized amount for the
respective services and/or work, as set forth in the City's Approved FY
2012/2013 Annual Budget;
• The term of the agreement shall not extend beyond the end of FY 2012/2013
(September 30, 2013); and
• Any agreement entered into will contain, a minimum, the provisions outlined
in the City's standard form agreement for independent contractors (a copy of
which is attached hereto and incorporated herein); and
the City Commission granted similar authority to the City Manager on
September 20, 2010 for FY 2010/2011 and renewed the authority on September 2011
for FY 2011/2012; and
WHEREAS, during the discussions for the initial authority, it was said that this
authority would be brought back for renewal on an annual basis as part of the budget
process, as the authority expires at the end of the fiscal year.
NOW, THEREFORE, DULY BY CITY
COMMISSION CITY MIAMI FLORIDA, that the City Manager is
authorized, on behalf of the City, to enter into certain independent contractor agreements
for the following services, as required and as the City Manager deems in the best interest
of the City: Dance Instruction; Skating Instruction; Athletics Instruction/Coaching;
Aerobics Instruction; Instruction; Computer (IT) Services; Literacy, Math and SAT
Tutoring; School Liaison Officers; Resident Project Representatives (RPR); Community
Information Services; Construction Cost Estimating/Consulting Services; Television
Production Services; Videographer Services; Graphic Designer Services; Program Monitor
Services; Auditors; Job Audits/Surveys; Step Ill Disciplinary Grievance Hearing Officer;
Historical Researcher; and Latent Examiner Services; provided further that the City
Manager shall be authorized to negotiate, enter into, and execute the aforementioned
agreements subject to the following minimum parameters: 1) the amount of the fee and/or
other compensation to be paid by the City under such agreement(s) shall not exceed the
authorized amount for the respective services, as set forth in the City's approved Fiscal
Year (FY) 2012/2013 Annual Budget; 2) the term of any services agreement authorized
herein shall not extend beyond the end of FY 2012/2013 (September 30, 2013); 3) at a
251
mm1mum, the City Manager shall require that any independent contractor agreement
entered into pursuant to this resolution shall utilize the City's standard form for
independent contractors, provided that the City Manager may incorporate additional terms,
which may be more stringent than the City's form, but not more lenient; and 4) providing
that the authority granted to the City Manager pursuant to this Resolution shall be brought
to the City Commission for renewal annually as part of the annual operating budget
approvals.
this ___ dayof _________ ,2012.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2012\9-27-12\Independent Contractor Resos 2012-2013.doc
APPROVED TO
FORM & LANGUAGE
& FO~ EXECUTION
252
COMMISSION ITEM SUMMARY
elution Re-Affirming The New Living Wage Rates Effective October 1, 2012, Pursuant To Living Wage
ance No. 2010-3682.
Key Intended Outcome Supported:
International Center for Innovation in Culture, Recreation and Business.
Supporting Data (Surveys, Environmental Scan, etc.): 17% of business responding felt that Miami Beach
was the best place to run a business, 25% felt that it was an above average place to run a business and
41 %felt that it was an average to run a business. Also, 62% of business respondents would recommend
Miami Beach to others as a place to run a business.
Issue:
I Shall the City Commission Adopt the Resolution?
Item SummaryfRecommendation:
At its June 9, 2010 meeting, the Mayor and City Commission passed and adopted Ordinance No. 2010-3682,
which amended the City's Living Wage Ordinance, Sections 2-407 thru 2-410 of the Miami Beach City Code,
herein referred to as the "Ordinance".
Using a proposed three (3) year "phase-in" approach, the new hourly living wage rates were adopted as
follows:
• commencing with City Fiscal Year 2010-11 (October 1, 201 0), the hourly living wage rate will
be $1 0.16/hr. with health benefits of at least $1.25/hr, and $11.41/hr without benefits;
• commencing with City Fiscal Year 2011-12 (October 1, 2011 ), the hourly living wage rate will
be $1 0.72/hr with health benefits of at least $1.45/hr, and $12.17/hr without benefits; and
• commencing with City Fiscal Year 2012-13 (October 1, 2012), the hourly living rate will be
$11.28/hr with health benefits of at least $1.64/hr, and $12.92/hr without benefits.
The Administration recommends that the Mayor and City Commission adopt the attached Resolution that re-
affirms the new living wage rates for FY 2012-2013, in accordance with the three (3) year "phase-in" approach
pursuant to Ordinance No. 2010-3682, effective October 1, 2012.
ADOPT THE RESOLUTION.
Recommendation:
Financial Information:
Account Approved
Internal Service
ise Fund
al Impact Summary: Amounts are included in the FY2012/13 Proposed Operating Budget.
islative Trackin :
r
T:\AGENDA\2012\9-27-12\Re-affirm Living Wage rates FY13-Summary.doc
MIAMI BEACH 253
AGENDA ITEM ---1..!......!..""'-:----
DATE -~-=-.:...=:;,_
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Co~ission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RE-AFFIRMING THE NEW LIVING WAGE
RATES FOR FISCAL YEAR (FY} 2012-2013, IN ACCORDANCE WITH THE
THREE YEAR "PHASE-IN" APPROVED PURSUANT TO ORDINANCE NO.
2010-3682; WITH SUCH RATES TO BE EFFECTIVE OCTOBER 1, 2012 AS
FOLLOWS: $11.28 PER HOUR WITH CONTRIBUTIONS TOWARDS
HEALTH BENEFITS OF AT LEAST $1.64 PER HOUR, AND $12.92 PER
HOUR WITHOUT BENEFITS.
BACKGROUND
At its June 9, 2010 meeting, the Mayor and City Commission passed and adopted
Ordinance No. 2010-3682, which amended the City's Living Wage Ordinance, Sections
2-407 thru 2-410 of the Miami Beach City Code, herein referred to as the "Ordinance".
Using a proposed three (3) year "phase-in" approach, the new hourly living wage rates
were adopted as follows:
• commencing with City Fiscal Year 2010-11 (October 1, 201 0), the hourly living
wage rate will be $1 0.16/hr. with health benefits of at least $1.25/hr, and
$11.41 /hr without benefits;
• commencing with City Fiscal Year 2011-12 (October 1, 2011 ), the hourly living
wage rate will be $1 0.72/hr with health benefits of at least $1.45/hr, and
$12.17/hr without benefits; and
• commencing with City Fiscal Year 2012-13 (October 1, 2012), the hourly living
rate will be $11.28/hr with health benefits of at least $1.64/hr, and $12.92/hr
without benefits.
FISCAL IMPACT
Effective October 1, 2012, service contractors as defined in the Ordinance shall be
required to pay all employees, pursuant to Living Wage Ordinance No. 2010-3682, the
new living wage rates of $11.28 per hour with health benefits of at least $1.64 per hour,
and $12.92 per hour without benefits. The impact of the living wage increase for fiscal
year 2012-2013 is as follows:
FUND
$253,000
$20,000
$~44,000
254
Commission Memo Re-affirm Living Wage Rates for FY2013
September 27, 2012
Page 2 of2
The new living wage rates will apply to 16 contracts, awarded to 32 contractors which
provide the City with general services and employ over 300 employees.
Since the City is exercising the last year of the aforementioned three (3) year "phase-in
approach", the administration would like to request that the Mayor and City Commission
refer the implementation of future living wage increases to the Finance & Citywide
Projects Committee for discussion.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the
attached Resolution hereby re-affirms the new living wage rates for FY 2012-2013, in
accordance with the three year "phase-in" approved pursuant to Ordinance No. 2010-
3682; with such rates to be effective October 1, 2013 as follows: $11.28 per hour with
contributions towards health benefits of at least $1.64 per hour, and $12.92 per hour
without benefits.
KGB/PDW
T:\AGENDA\2012\9-27-12\Re-affirm Living Wage rates FY13-Memo.doc
255
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RE-AFFIRMING THE NEW LIVING WAGE RATES FOR FISCAL
YEAR (FY) 2012-2013, IN ACCORDANCE WITH THE THREE YEAR "PHASE-IN"
APPROVED PURSUANT TO ORDINANCE NO. 2010-3682; WITH SUCH RATES TO
BE EFFECTIVE OCTOBER 1, 2012 AS FOLLOWS: $11.28 PER HOUR WITH
CONTRIBUTIONS TOWARDS HEALTH BENEFITS OF AT LEAST $1.64 PER HOUR,
AND $12.92 PER HOUR WITHOUT BENEFITS.
WHEREAS, at its June 9, 2010 meeting, the Mayor and City Commission adopted
Ordinance No. 2010-3682, which amended the City's Living Wage Ordinance (as codified in
sections 2-407 thru 2-41 0 of the Miami Beach City Code, and herein referred to as the
Ordinance); and
WHEREAS, using a proposed three (3) year "phase-in" approach, the new hourly living
wage rates were adopted as follows:
• commencing with City Fiscal Year 2010-11 (October 1, 201 0), the hourly living
wage rate will be $1 0.16/hr. with health benefits of at least $1.25/hr, and
$11.41/hr without benefits;
• commencing with City Fiscal Year 2011-12 (October 1, 2011 ), the hourly living
wage rate will be $10.72/hr with health benefits of at least $1.45/hr, and
$12.17 /hr without benefits; and
• commencing with City Fiscal Year 2012-13 (October 1, 2012), the hourly living
rate will be $11.28/hr with health benefits of at least $1.64/hr, and $12.92/hr
without benefits; and
WHEREAS, effective October 1, 2012, service contractors subject to the provisions of
the Ordinance shall be required to pay all employees who provide services for covered service
contracts, the new living wage rates of $11.28 per hour with health benefits of at least $1.64 per
hour, and $12.92 per hour without benefits; and
WHEREAS, the impact of the living wage increase for fiscal year 2012-2013 is as
follows: General Fund $62,000, Internal Service $9,000, Enterprise Fund $253,000, and RDA
$20,000 for a Citywide approximate total of $344,000.
WHEREAS, the new living wage rates apply to 16 contracts, awarded to 32 contractors
which provide the City with general services and employ over 300 employees; 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 re-
affirms the new living wage rates for FY 2012-2013, in accordance with the three year "phase-
in" approved pursuant to Ordinance No. 201 0-3682; with such rates to be effective October 1,
2012 as follows: $11.28 per hour with contributions towards health benefits of at least $1.64 per
hour, and $12.92 per hour without benefits.
PASSED AND ADOPTED this __ day of September, 2012.
ATTEST:
APPROVED AS TO
___ M_A_Y_O_R ___ ""'FO,....R,...,M1141 & LANGUAGE
& FOR EXECUTION
CITY CLERK
T:\AGENDA\2012\9-12-12\Re-affirm Living Wage rates FY13-Resolution.docx
256
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The Appropriation Of $1,200,000 From FY 2013/13 People's Transportation Plan (PTP)
Funds, And $49,515 From FY 2012/13 Concurrency Mitigation Funds To Fund The Operating Budget For The South
Beach Local (SBL); And Further Appropriating $275,000 From FY 2012/13 PTP Funds For Administrative And
Technical Operating Expenditures.
Ke Intended Outcome Su orted:
Improve mobility
rting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Sa.,·, "0'J"'"''" ... , .... ,
1 rr1nr1~ rn1::~n naif of all respondents reported a willingness to use "local bus circulators" as an alternative HJ ur-rv"
Under the provisions of an lnterlocal Agreement (I LA) Miami-Dade County (the County) has been operating a bi-
directional transit circulator route service in Miami Beach known as the "South Beach Local" (SBL) since September
25, 2005. The initial SBL ILA expired on October 11, 201 0; however, Miami-Dade Transit (MDT) continued to
provide service after the expiration of the SBL ILA under the same terms and conditions until the execution of the
revised ILA on January 2012. Pursuant to the terms of the current ILA for provision of SBL services, the
Administration proposes to appropriate for FY 2012/13, as follows:
$1,200,000 FY 2012/13 PTP Funds
$ 49,515 FY 2012/13 South Beach Concurrency Mitigation Funds
$1,249,515 FY 2012/13 Miami Beach Share
Five percent (5%) of PTP funds received may be appropriated for administrative purposes. An unlimited amount
may be appropriated for technical assistance. Administrative and technical operating PTP funding for FY 2012/13 is
recommended in the amount of $275,000, consistent with last fiscal year's appropriation.
The total projected amount of PTP funds to be appropriated in FY 2012/13 is $2,569,900, of which $1,475,000 is for
operating expenses and $1 ,094,900 is for capital projects. The total amount of Concurrency Mitigation Funds to be
appropriated in FY 2012/13 is $92,583, of which $49,515 is for operating expenses and $43,068 is for capital
projects. (Capital projects are appropriated separately in the capital budget).
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
commendation:
e.
Financial Information:
Source of
Funds:
MIAMI BEACH 257
r
AGENDA ITEM _.:...L.,.7;...&..,......_
DATE Cj-:;L 7-f"'l..-
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera-Bowar and Members of the mission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF $1,200,000
FROM FISCAL YEAR 2012/13 PEOPLE'S TRANSPORTATION PLAN FUNDS AND
$49,515 FROM FISCAL YEAR 2012/13 SOUTH BEACH CONCURRENCY
MITIGATION FUNDS, TO FUND THE OPERATING BUDGET FOR THE SOUTH
BEACH LOCAL IN MIAMI BEACH; AND FURTHER APPROPRIATING $275,000
FROM FISCAL YEAR 2012/13 PEOPLE'S TRANSPORTATION PLAN FUNDS FOR
ADMINISTRATIVE AND TECHNICAL OPERATING EXPENDITURES, JAS PART OF
THE FIVE PERCENT (5%) ALLOWABLE FOR ADMINISTRATIVE ASSISTANCE
AND TECHNICAL ASSISTANCE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding to be appropriated for the FY 2012/13 operating budget for the South Beach Local
(SBL) in Miami Beach in the amount of $1,249,515 as follows: FY 2012/13 People's
Transportation Plan (PTP) Funds in the amount of $1,200,000 and FY 2012/13 South Beach
Concurrency Mitigation Funds in the amount of $49,515. Funding to be appropriated for FY
2012/13 administrative and technical assistance in the amount of $275,000 from FY 2012/13
PTP Funds.
BACKGROUND
On November 5, 2002, Miami-Dade County voters approved the levying of a one-half of one
percent discretionary surtax on transactions occurring in the County that are subject to the state
tax imposed on sales. This surtax is known as the Charter County Transportation Surtax.
Twenty percent (20%) of the proceeds of this surtax are to be distributed directly to
municipalities on a pro-rata basis. These funds are known as People's Transportation Plan
(PTP) Funds for use on local transportation and transit projects. The City entered into an
lnterlocal Agreement with Miami-Dade County on August 13, 2003 in order to receive its pro-
rata share of the County's PTP Funds. Pursuant to the lnterlocal Agreement, a minimum of
20% of the City's PTP share must be allocated specifically for transit projects. If not used for
transit services, the 20% share of PTP funds would be returned to the County.
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Commission Memorandum -FY 13 PTP Operating Funds
September 27, 2012
Page 2 of 4
ANALYSIS
South Beach Local Operating Budget
On June 8, 2005, the City Commission adopted Resolution No. 2005-25934, which authorized
the execution of an lnterlocal Agreement (I LA) with Miami-Dade County for the operation of a bi-
directional transit circulator service in Miami Beach to be known as the "South Beach Local"
(SBL). The SBL service commenced on September 25, 2005 and replaced both the City's
Electrowave Shuttle Service and Miami-Dade Transit's (MDT) Route W, serving the entire South
Beach community. Under the terms of the lnterlocal Agreement, MDT became the provider of
bus shuttle services on South Beach in lieu of the previous provider, the Miami Beach
Transportation Management Association.
MDT has provided an expanded level of service at significantly less cost to the City as a result
of the City and County combining and coordinating transit resources instead of competing for
the same ridership. The partnership with MDT allows the City to comply with the requirement of
the PTP Surtax to expend a minimum of 20% of the City's PTP share on transit purposes.
On October 19, 2011, the City Commission adopted Resolution No. 2011-27773 approving a
revised lnterlocal Agreement between Miami-Dade County and the City for the continued
provision of the South Beach Local service operated by MDT. Under the provisions of the
current lnterlocal Agreement executed on January 2012, Miami-Dade County and the City
agreed to the following new terms and conditions:
1. City will maintain the current level of funding contribution of $1,213,121 for operating
assistance in the initial year.
2. MDT will contribute the balance of operating and maintenance funds in the amount of
$1,938,879 in the initial year.
3. MDT will maintain the current headways of 13 minutes during the peak hours and 20
minutes during off-peak times.
4. MDT will continue service to Belle Isle.
5. City's contribution will be adjusted in subsequent fiscal years in accordance with the
Miami-Ft. Lauderdale CPI Transportation Index or 3%, whichever is less.
6. Service will terminate at midnight rather than 1:00 AM due to low ridership during that
time period.
PTP Administrative and Technical Assistance
Pursuant to Miami-Dade County Ordinance 02-116, five percent (5%) of PTP funds received
may be appropriated for administrative assistance (See Attachment A-Ordinance 02-116). An
unlimited amount may be appropriated for technical assistance.
Administrative and technical operating expenditures in the amount of $275,000 to be funded
with PTP funding are depicted in Attachment B -"FY 2013 PTP Operating Budget".
A percentage of the salaries of the Public Works Transportation Division staff qualify as
administrative and technical assistance. Administrative assistance provided by the
Transportation Manager includes but is not limited to the following responsibilities: overall
management of PTP funding; allocation of PTP funding to the various projects; capital budget
preparation; review of all PTP documents; attendance at PTP workshops and meetings at
Miami-Dade County; representing City of Miami Beach on transportation boards committees at
the state and local level and coordination with various state, county, and local agencies on all
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Commission Memorandum -FY 13 PTP Operating Funds
September 27, 2012
Page 3 of4
PTP funded projects. Technical assistance provided by the Transportation Manager includes
but is not limited to the following responsibilities: overall management of all PTP projects,
including the Atlantic Greenway Network Master Plan Update, the City's Transportation
Improvement and Implementation Plan, and the North-Middle Beach Circulator Project; review
of studies, plans, and other documents on all PTP funded projects.
Administrative assistance provided by the Transportation Coordinator includes but is not limited
to the following responsibilities: assisting the Transportation Manager with managing PTP
funding; preparing all PTP documents including the Five Year PTP Plan, Quarterly Reports,
Commission items, internal memos, Letters to the Commission, and correspondence to Miami-
Dade County; assisting with Miami-Dade County's audit of PTP funds; tracking all PTP fund
expenditures; tracking PTP revenue on a monthly and yearly basis; and preparing
reconciliations of PTP funds. Technical assistance provided by the Transportation Coordinator
includes but is not limited to the following responsibilities: assisting the Transportation Manager
with managing PTP funded projects; reviewing plans and other documents on all PTP funded
projects; coordinating with various state, county, and local agencies on all PTP funded projects;
and development of design plans for PTP funded projects.
The salary figures and percentages indicated in the Fiscal Year 2013 PTP Operating Budget
(Attachment B) are directly in support of the PTP program.
FY 2012/13 PTP and Concurrency Mitigation Fund Appropriations
The total projected amount of PTP funds to be appropriated in FY 2012/13 is $2,569,900, of
which $1,475,000 is for operating expenses and $1,094,900 is for capital projects. The total
amount of Concurrency Mitigation Funds to be appropriated in FY 2012/13 is $92,583, of which
$49,515 is for operating expenses and $43,068 is for capital projects. (Capital projects are
appropriated separately in the capital budget). These appropriations are itemized below:
Total FY 2012/13 PTP Appropriation:
$1,200,000 South Beach Local Circulator Operating Expenses
$ 275,000 Administrative and Technical Expenses
$1 ,094,900 Capital Proiects
$2,569,900 Total FY 2012/13 Appropriation
Total FY 2012/13 Concurrency Mitigation Fund Appropriation:
$ 49,515 South Beach Local Circulator Operating Expenses
$ 43,068 Capital Projects
$ 92,583 Total FY 2012/13 Appropriation
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
approving the appropriation of $1,200,000 from FY 2012/13 PTP funds and $49,515 from FY
2012/13 South Beach Concurrency Mitigation Funds to fund the operating budget for the South
Beach Local in Miami Beach; and further appropriating $275,000 from FY 2012/13 PTP funds
for administrative and technical operating expenditures, as part of the five percent (5%)
allowable for administrative assistance and technical assistance.
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Commission Memorandum -FY 13 PTP Operating Funds
September 27, 2012
Page 4 of4
Attachments:
A. Ordinance 02-116
B. FY 201'3 PTP Operating Budget
C. Estimated Municipal Transportation Surtax Funds Distribution (Projected for FY 2013)
JGG/FHB/JJF/~/JRG
T:\AGENDA\201219-12-12\PTP Operating Funds FY 13 MEMO.doc
261
Attachment A.
ARTICLE XVI. ONE HALF OF ONE PERCENT CHARTER COUNTY TRANSIT SYSTEM SALES
SURTAX AUTHORIZED BY SECTION 212.055(1) FLORIDA STATUTES (2001)
Sec. 29-121. Sales surtax levied.
There is hereby levied and imposed a one half of one percent discretionary sales surtax authorized by
Section 212.055(1 ), Florida Statutes (2001) on all transactions occurring in MiamiwDade County which
transactions are subject to the state tax imposed on sales, use, rentals, admissions and other transactions by
Chapter 212, Florida Statutes (2001 ).
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-122. Surtax rate, limitations.
The surtax rate shall be onewhalf of one percent on the amount of taxable sales and taxable purchases
representing such transactions. The limitations, conditions and provisions contained in Section 212.054, Florida
Statutes (2001) as the same may be amended and supplemented from time to time are hereby incorporated
herein.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-122.1. Exemption from Sales Surtax.
All exemptions applicable to the discretionary sales surtax contained in Chapter 212, Florida Statutes are
hereby incorporated herein as the same may be amended and supplemented from time to time including, but not
limited to, the following:
1. The sales amount above $5,000 on any item of tangible personal property shall not be subject
to the surtax. However, charges for prepaid calling arrangements, as defined in Section 212.05( 1)
(e)1.a. Fla. stats., shall be subject to the surtax. For purposes of administering the $5,000
limitation of an item of tangible personal property, if two or more taxable items of tangible personal
property are sold to the same purchaser at the same time and, under generally accepted business
practice or industry standards or usage, are normally sold in bulk or are items that, when
assembled, comprise a working unit or part of a working unit, such items must be considered a
single item for purposes of the $5,000 limitation when supported by a charge ticket, sale slip,
invoice, or other tangible evidence of a single sale or rental.
2. The sale at retail, the rental, the use, the consumption, the distribution, and the storage to be
used or consumed iil this state of the following are hereby specifically exempt from the sales surtax
imposed by this article.
( 1) Exemptions; General Groceries.
(a) Food products for human consumption are exempt from the sales surtax
imposed by this article.
(b) For the purpose of this article, as used in this subsection, the term "food
products" means edible commodities, whether processed, cooked, raw, canned, or
in any other form, which are generally regarded as food. This includes, but is not
limited to, all of the following:
1. Cereals and cereal products, baked goods, oleomargarine, meat and
meat products, fish and seafood products, frozen foods and dinners, poultry,
eggs and egg products, vegetables and vegetable products, fruit and fruit
products, spices, salt, sugar and sugar products, milk and dairy products,
262
and products intended to be mixed with milk.
2. Natural fruit or vegetable juices or their concentrates or reconstituted
natural concentrated fruit or vegetable juices, whether frozen or unfrozen,
dehydrated, powdered, granulated, sweetened or unsweetened, seasoned
with salt or spice, or unseasoned; coffee, coffee substitutes, or cocoa; and
tea, unless it is sold in a liqui~ form.
3. Bakery products sold by bakeries, pastry shops, or like establishments
that do not have eating facilities.
(c) The exemption provided by this subsection does not apply:
1. When the food products are sold as meals for consumption on or off the
premises of the dealer.
2. When the food, products are furnished, prepared, or served for
consumption at tables, chairs, or counters or from trays, glasses, dishes, or
other tableware, whether provided by the dealer or by a person with whom
the dealer contracts to furnish, prepare, or serve food products to others.
3. When the food products are ordinarily sold for immediate consumption
on the seller's premises or near a location at which parking facilities are
provided primarily for the use of patrons in consuming the products
purchased at the location, even though such products are sold on a "take
out" or "to go" order and are actually packaged or wrapped and taken from
the premises of the dealer.
4. To sandwiches sold ready for immediate consumption on or off the
seller's premises.
5. When the food products are sold ready for immediate consumption within
a place, the entrance to which is subject to an admission charge.
6. When the food products are sold as hot prepared food products.
7. To soft drinks, which include, but are not limited to, any nonalcoholic
beverage, any preparation or beverage commonly referred to as a "soft
drink," or any noncarbonated drink made from milk derivatives or tea, when
sold in cans or similar containers.
8. To ice cream, frozen yogurt, and similar frozen dairy or nondairy
products in cones, small cups, or pints, popsicles, frozen fruit bars, or other
novelty items, whether or not sold separately.
9. To food prepared, whether on or off the premises, and sold for
immediate consumption. This does not apply to food prepared off the
premises and sold in the original sealed container, or the slicing of products
into smaller portions.
10. When the food products are sold through a vending machine, pushcart,
motor vehicle, or any other form of vehicle.
11. To candy and any similar product regarded as candy or confection,
based on its normal use, as indicated on the label or advertising thereof.
12. To bakery products sold by bakeries, pastry shops, or like
establishments that have eating facilities, except when sold for consumption
off the seller's premises.
13. When food products are served, prepared, or sold in or by restaurants,
lunch counters, cafeterias, hotels, taverns, or other like places of business.
(d) As used in this subsection (1 ), the term:
1. "For consumption off the seller's premises" means that the food or drink
263
is intended by the customer to be consumed at a place away from the
dealer's premises.
2. "For consumption on the seller's premises" means that the food or drink
sold may be immediately consumed on the premises where the dealer
conducts his or her business. In determining whether an item of food is sold
for immediate consumption, there shall be considered the customary
consumption practices prevailing at the selling facility.
3. "Premises" shall be construed broadly, and means, but is not limited to,
the lobby, aisle, or auditorium of a theater; the seating, aisle, or parking area
of an arena, rink, or stadium; or the parking area of a drive-in or outdoor
theater. The premises of a caterer with respect to catered meals or
beverages shall be the place where such meals or beverages are served.
4. "Hot prepared food products" means those products, items, or
components which have been prepared for sale in a heated condition and
which are sold at any temperature that is higher than the air temperature of
the room or place where they are sold. "Hot prepared food products," for the
purposes of this subsection, includes a combination of hot and cold food
items or components where a single price has been established for the
combination and the food products are sold in such combination, such as a
hot meal, a hot specialty dish or serving, or a hot sandwich or hot pizza,
including cold components or side items.
(e) 1. Food or drinks not exempt under paragraphs (a), (b), (c), and (d)
shall be exempt, notwithstanding those paragraphs, when-purchased with
food coupons or Special Supplemental Food Program for Women, Infants,
and Children vouchers issued under authority of federal law.
2. This paragraph (e) is effective only while federal law prohibits a
state's participation in the federal food coupon program or Special
Supplemental Food Program for Women, Infants, and Children if
there is an official determination that state or local sales taxes are
collected within that state on purchases of food or drinks with such
coupons.
3. This paragraph (e) shall not apply to any food or drinks on which
federal law shall permit sales taxes without penalty, such as
termination of the state's participation.
(2) Exemptions medical.
(a) There shall be exempt from the sales surtax imposed by this article any medical
products and supplies or medicine dispensed according to an individual prescription
or prescriptions written by a prescriber authorized by law to prescribe medicinal
drugs; hypodermic needles; hypodermic syringes; chemical compounds and test kits
used for the diagnosis or treatment of human disease, illness, or injury; and
common household remedies recommended and generally sold for internal and
external use in the cure, mitigation, treatment, or prevention of illness or disease in
human beings, but not including cosmetics or toilet articles, notwithstanding the
presence of medicinal ingredients therein, according to a list prescribed and
approved by the Department of Health, which list shall be certified to the
Department of Revenue from time to time and included in the rules promulgated by
the Department of Revenue. There shall also be exempt from the sales surtax
imposed by this article artificial eyes and limbs; orthopedic shoes; prescription
eyeglasses and items incidental thereto or which become a part thereof; dentures;
hearing aids; crutches; prosthetic and orthopedic appliances; and funerals. In
addition, any items intended for one-time use which transfer essential optical
characteristics to contact lenses shall be exempt from the sales surtax imposed by
this article, however, this exemption shall apply only after $100,000 of the sales
surtax imposed by this article on such items has been paid in any calendar year by
264
a taxpayer who claims the exemption in such year. Funeral directors shall pay tax
on all tangible personal property used by them in their business.
(b) For the purposes of this subsection (2):
1. "Prosthetic and orthopedic appliances" means any apparatus,
instrument, device, or equipment used to replace or substitute for any
missing part of the body, to alleviate the malfunction of any part of the body,
or to assist any disabled person in leading a normal life by facilitating such
person's mobility. Such apparatus, instrument, device, or equipment shall be
exempted according to an individual prescription or prescriptions written by a
physician licensed under chapter 458, chapter 459, chapter 460, chapter
461, or chapter 466, Florida Statutes, or according to a list prescribed and
approved by the Department of Health, which list shall be certified to the
Department of Revenue from time to time and included in the rules
promulgated by the Department of Revenue.
2. "Cosmetics" means articles intended to be rubbed, poured, sprinkled, or
sprayed on, introduced into, or otherwise applied to the human body for
cleaning, beautifying, promoting attractiveness, or altering the appearance
and also means articles intended for use as a compound of any such
articles, including, but not limited to, cold creams, suntan lotions, makeup,
and body lotions.
3. "Toilet articles" means any article advertised or held out for sale for
grooming purposes and those articles that are customarily used for grooming
purposes, regardless of the name by which they may be known, including,
but not limited to, soap, toothpaste, hair spray, shaving products, colognes,
perfumes, shampoo, deodorant, and mouthwash.
4. "Prescription" includes any order for drugs or medicinal supplies written
or transmitted by any means of communication by a duly licensed
practitioner authorized by the laws of the state to prescribe such drugs or
medicinal supplies and intended to be dispensed by a pharmacist. The term
also includes an orally transmitted order by the lawfully designated agent of
such practitioner. The term also includes an order written or transmitted by a
practitioner licensed to practice in a jurisdiction other than this state, but only
if the pharmacist called upon to dispense such order determines, in the
exercise of his or her professional judgment, that the order is valid and
necessary for the treatment of a chronic or recurrent illness. The term also
includes a pharmacist's order for a product selected from the formulary
created pursuant to Sec. 465.186 Fla. Stats. A prescription may be retained
in written form, or the pharmacist may cause it to be recorded in a data
processing system, provided that such order can be produced in printed form
upon lawful request.
(c) Chlorine shall not be exempt from the tax imposed by this article when used for
the treatment of water in swimming pools.
(d) Lithotripters are exempt.
(e) Human organs are exempt.
(f) Sales of drugs to or by physicians, dentists, veterinarians, and hospitals in
connection with medical treatment are exempt.
(g) Medical products and supplies used in the cure, mitigation, alleviation,
prevention, or treatment of injury, disease, or incapacity which are temporarily or
permanently incorporated into a patient or client by a practitioner of the healing arts
licensed in the state are exempt.
(h) The purchase by a veterinarian of commonly recognized substances
possessing curative or remedial properties which are ordered and dispensed as
265
treatment for a diagnosed health disorder by or on the prescription of a duly licensed
veterinarian, and which are applied to or consumed by animals for alleviation of pain
or the cure or prevention of sickness, disease, or suffering are exempt. Also exempt
are the purchase by a veterinarian of antiseptics, absorbent cotton, gauze for
bandages, lotions, vitamins, and worm remedies.
(i) X-ray opaques, also known as opaque drugs and radiopaque, such as the
various opaque dyes and barium sulphate, when used in connection with medical X
rays for treatment of bodies of humans and animals, are exempt.
(j) Parts, special attachments, special lettering, and other like items that are added
to or attached to tangible personal property so that a handicapped person can use
them are exempt when such items are purchased by a person pursuant to an
individual prescription.
(k) This subsection (2) shall be strictly construed and enforced.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-123. Administration, collection and enforcement.
The Florida Department of Revenue shall administer, collect and enforce the surtax levied hereunder
pursuant to the procedures specified in Sec. 212.054(4) Fla. Stats. (2001) as the same may be amended or
renumbered from time to time.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-124. Special fund created; uses of surtax proceeds; and role of Citizens' Independent
Transportation Trust.
The surtax proceeds collected by the State and distributed hereunder shall be deposited in a special fund
set aside from other County funds in the custody of the Finance Director of the County. Moneys in the special
fund shall be expended for the transportation and transit projects (including operation and maintenance thereof)
set forth in Exhibit 1 to this article (including those projects referenced in the ballot question presented to the
electors to approve this levy), subject to any amendments thereto made in accordance with the MPO process or
made in accordance with the procedures specified in subsection (d) of this Section.
Expenditure of surtax proceeds shall be subject to the following limitations:
(a) Surtax proceeds shall be applied to expand the Golden Passport Program to all persons
(regardless of income level who are over the age of 65 or are drawing Social Security benefits, and
to provide fare-free public transportation service on Metromover, including extensions.
(b) Surtax proceeds may only be expended for the transportation and transit purposes specified in
Section 212.055(1 )(d)1--3 Fla. Stats. (2001).
(c) The County shall not expend more than five percent of the County's share of surtax proceeds
on administrative costs, exclusive of project management and oversight for projects funded by the
surtax.
(d) The County Commission shall not delete or materially change any County project contained in
the list attached as Exhibit 1 to this article nor add any project to the list except in accordance with
the procedures set forth in this subsection (d). A proposed deletion, material change or addition of
a County project shall be initially reviewed by the Citizens' Independent Transportation Trust
("Trust"), which shall forward a recommendation thereon to the County Commission. The County
Commission may either accept or reject the Trust's recommendation. If the County Commission
rejects the recommendation, the matter shall be referred back to the Trust for its reconsideration
and issuance of a reconsidered recommendation to the County Commission. The County
Commission may approve, change or reject the Trust's reconsidered recommendation. A two-thirds
vote of the Commission membership shall be required to take action other than as contained in the
266
reconsidered recommendation of the Trust. The foregoing notwithstanding, the list of County
projects contained in Exhibit 1 may be changed as a result of the MPO process as mandated by
federal and state law.
(e) No surtax proceeds may be used to pay the costs of a contract awarded by action of the
County Commission until such action has become final (either by expiration of ten days after such
action without veto by the Mayor, or by Commission override of a veto) and either: i) the Trust has
approved same; or, ii) in response to the Trust's disapproval, the County Commission re-affirms its
award by two-thirds ( 2/3) vote of the Commission's membership. The bid documents for all County
contracts funded in whole or in part with surtax proceeds shall provide that no award shall be
effective and no contractual relationship shall arise with the County unless and until approved by
the Trust or re-affirmed by the County Commission as provided in this subsection. The foregoing
notwithstanding, awards of contracts for services in support of the administration of the Trust or in
support of the Trust's oversight function shall not require County Commission or Trust approval, so
long as the individual contract amount does not exceed one thousand dollars ($1,000).
(f) On a quarterly basis, the Executive Director of the CITT shall submit a written report to the
Commission, the Mayor and the Manager of all expenditures made pursuant to Section 29-124
herein.
(g) Twenty percent of surtax proceeds shall be distributed annually to those cities existing as of
November 5, 2002 that meet the following conditions:
(i) That continue to provide the same level of general fund support for transportation that is
in their FY 2001-2002 budget in subsequent Fiscal Years. Any surtax proceeds received
shall be applied to supplement, not replace a city's general fund support for transportation;
(ii) That apply 20 percent of any surtax proceeds received to transit uses in the nature of
circulator buses, bus shelters, bus pullout bays or other transit-related infrastructure. Any
city that cannot apply the 20 percent portion of surtax proceeds it receives as provided in
the preceding sentence, may contract with the County for the County to apply such
proceeds on a County project that enhances traffic mobility within that city and immediately
adjacent areas. If the city cannot expend such proceeds in accordance with either of the
preceding sentences, then such proceeds shall carry over and be added to the overall
portion of surtax proceeds to be distributed to the cities in the ensuing year and shall be
utilized solely for the transit uses enumerated in this subsection (ii); and
(iii) Surtax proceeds distributed amongst the existing cities shall be distributed on a pro
rata basis based on the ratio such city's population bears to the total population in all such
cities (as adjusted annually in accordance with the Estimates of Population prepared by the
Bureau of Economic and Business Research of the University of Florida). annually to those
cities that continue to meet the foregoing conditions. For purposes of the foregoing,
whenever an annexation occurs in an existing city, the number of persons residing in such
annexed area at the time it is annexed shall be excluded from all calculations. Increases in
population in areas annexed over and above the population in such area at the time of
annexation which occur after annexation shall be included in subsequent years'
·calculations.
(iv) that do not expend more than 5% of 'its municipal share of surtax proceeds on
administrative costs, exclusive of project management and oversight for projects funded by
the surtax. Administrative costs shall be defined as overhead expenses which are not
readily attributable to any one particular project funded in whole or in part by transit surtax
funds.
(h) Newly incorporated municipalities shall have the right to negotiate with the County for a pro
rata share of the sales surtax, taking into consideration the neighborhood and municipal projects
identified in Exhibit 1, as amended, within the boundaries of the new municipalities. The preceding
sentence shall not affect the twenty (20) percent share provided herein for municipalities existing
on November 5, 2002.
(Ord. No. 02-116, § 1, 7-9-02; Ord. No. 06-138, § 1, 9-26-06; Ord. No. 07-56, § 1, 4-24-07)
267
Attachment B
FY2013 PTP Operating Budget
PTP Administrative Support -Eligible expense NTE 5%
Transportation Coordinator
Salary (50%)
Health Ins. (50%)
Social Security Medicare (50%)
Sub-Total
Transportation Manager
Salary (15%)
Health Ins. (15%)
Social Security Medicare (15%)
Sub-Total
Total -PTP Administrative Su rt
PTP Technical Support
Transportation Coordinator
Salary (25%)
Health Ins. (25%)
Social Security Medicare (25%)
Sub-Total
Professional Services
Other Operating Expenses
Transportation Manager
Salary (30%)
Health Ins. {30%)
Social Security Medicare (30%)
Sub-Total
Total -PTP Technical Support
GRAND TOTAL
268
FY 2013 Budget
35,826,
1,875
519.
38,220
15,432
645
224
16,301
54,522
17,913·
938
260·
19,110
163,766
5,000
168,766
30,865
1,290
448"'
32,602
220,478
Attachment C
Estimated Municipal Transportation Surtax Funds DistriDution
Projected for FY13 "" Amount*
Jurisdiction Population 20% l:zo% Transit Share Apr-11 Share
Aventura 35,723 2.962% $1,214,305 242,861 971,444
Bal Harbour Village 2,502 0.207% $85,049 17,010 68,039
Bay Harbor Islands 5,634 0.467% $191,512 38,302 153,210
Biscayne Park 3,072 0.255% $104,424 20,885 83,539
:coral Gables 47,031 3.899% $1,598,690 319,738 1,278,952
El Portal 2,341 0.194% $79,576 15,915 63,661
Florida City 11,704 0.970% $397,845 79,569 318,276
Golden Beach 922 0.076% $31,341 6,268 25,073
Hialeah 226,530 18.781% $7,700,266 1,540,053 6,160,213
Hialeah Gardens 21,787 1.806% $740,589 148,118 592,471
Homestead 61,503 5.099% $2,090,626 418,125 1,672,501
Key Biscayne 12,363 1.025% $420,246 84,049 336,197
Indian Creek Village 89 0.007% $3,025 605 2,420
Medley 834 0.069% $28,350 5,670 22,680
Miami 406,385 33.693% $13,813,944 2,762,789 11,051 '155
Miami Beach 88,349 7.325% $3,003,182 600,636 ---2A._QU)_46
Miami Lakes 29,369 2.435% $998,319 199,664 798,655
Miami Shores 10,291 0.853% $349,814 69,963 279,851
Miami Springs 13,844 1.148% $470,589 94,118 376,471
North Bay Village 7,349 0.609% $249,809 49,962 199,847
North Miami 58,806 4.875% $1,998,949 399,790 1,599,159
North Miami Beach 41,680 3.456% $1,416,797 283,359 1,133,438
Opa-Locka 15,403 1.277% $523,583 104,717 418,866
Palmetto Bay 23,477 1.946% $798,036 159,607 638,429
Pinecrest 18,255 1.513% $620,529 124,106 496,423
South Miami 12,363 1.025% $420,246 84,049 336,197
Sunny Isles Beach 21,007 1.742% $714,075 142,815 571,260
Surfside 5,749 0.477% $195,421 39,084 156,337
Sweetwater 13,417 1.112% $456,074 91,215 364,859
Virginia Gardens 2,390 0.198% $81,241 16,248 64,993
West Miami 5,988 0.496% $203,546 40,709 162 837
' ' '' tt 1,206157 100.000% $41 ,000,000 8,200,000 32,800,000
I 1,303 473
? Cf'\t"' <>">nl
*Estimate based on Projected Collections for FY 2012 with a 2.5% growth for 2013.
**Estimates assume no change in the distribution amount as per CS/CS/HB 1205 and/or changes to Ordinance No. 02-116.
*** Population net of amount annexed.
0
C:\Documents and Settings\workgonj\Local Settings\Temporary Internet Files\Content.Outlook\JDNGFOOR\Projected Municipal
Payments for FY '13
269
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF
$1,200,000 FROM FISCAL YEAR 2012/13 PEOPLE'S TRANSPORTATION
PLAN FUNDS AND $49,515 FROM FISCAL YEAR 2012/13 SOUTH BEACH
CONCURRENCY MITIGATION FUNDS, TO FUND THE OPERATING BUDGET
FOR THE SOUTH BEACH LOCAL IN MIAMI BEACH; AND FURTHER
APPROPRIATING $275,000 FROM FISCAL YEAR 2012/13 PEOPLE'S
TRANSPORTATION PLAN FUNDS FOR ADMINISTRATIVE AND TECHNICAL
OPERATING EXPENDITURES, AS PART OF THE FIVE PERCENT (5%)
ALLOWABLE FOR ADMINISTRATIVE ASSISTANCE AND TECHNICAL
ASSISTANCE.
WHEREAS, on November 5, 2002, Miami-Dade County voters approved the levying of a
one-half of one percent discretionary surtax on transactions occurring in the County that are
subject to the state tax imposed on sales, also known as the Charter County Transportation
Surtax; and
WHEREAS, twenty percent (20%) of the proceeds of this surtax are to be distributed
directly by Miami-Dade County to municipalities on a pro-rata basis and are known as People's
Transportation Plan (PTP) Funds for use on local transportation and transit projects; and
WHEREAS, the City of Miami Beach (City) entered into an lnterlocal Agreement with
Miami-Dade County on August 13, 2003 in order to receive its pro-rata share of the County's
PTP Funds; and
WHEREAS, pursuant to the lnterlocal Agreement, a minimum of 20% of the City's PTP
share must be allocated for transit projects; and
WHEREAS, Miami-Dade County Ordinance 02-116 authorizes five percent (5%) of PTP
funds received to be appropriated for administrative assistance and an unlimited amount for
technical assistance; and
WHEREAS, under the provisions of an lnterlocal Agreement between Miami-Dade
County and the City for Provision of a Local Circulator Service, Miami-Dade Transit (MDT) has
been operating bi-directional transit circulator route service in Miami Beach known as the "South
Beach Local" (SBL) since September 25, 2005; and
WHEREAS, the total projected amount of PTP funds to be appropriated in FY 2012/13 is
$2,569,900, of which $1,475,000 is for operating expenses and $1,094,900 is for capital
projects; and
WHEREAS, the total amount of Concurrency Mitigation Funds to be appropriated in FY
2012/13 is $92,583, of which $49,515 is for operating expenses and $43,068 is for capital
projects.
WHEREAS, $1,200,000 in FY 2012/13 PTP funds, and $49,515 from FY 2012/13
Concurrency Mitigation funds have been set aside for the operating costs of the South Beach
Local in Miami Beach; and $275,000 in FY 2012/13 PTP funds have been set aside for FY
2012/13 administrative and technical operating expenditures.
270
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 appropriation of $1,200,000 from Fiscal Year 2012/13 People's Transportation
Plan Funds and $49,515 from Fiscal Year 2012/13 South Beach Concurrency Mitigation Funds,
to fund the Operating Budget for the South Beach Local in Miami Beach; and further
appropriating $275,000 from Fiscal Year 2012/13 People's Transportation Plan Funds for
administrative and technical operating expenditures, as part of the five percent (5%) allowable
for administrative assistance and technical assistance.
PASSED AND ADOPTED this day of September, 2012.
ATTEST:
MAYOR
CITY CLERK
T:\AGENDA\2012\9-27-12\PTP FY 13 Operating Funds RESO.doc
271
APPROVED AS TO
FORM & LANGUAGE
& FnR EXECUTION
K
272
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution amending Resolution No. 2010-27326, increasing the present fire rescue transport fees from $500.00 to
$800.00 for basic life support, from $600.00 to $800.00 for Advanced Life Support 1, Advanced Life Support 2 to remain
the same, from $10.00 to$ 15.00 for mileage per mile, implementing new fees for Auto Pulse Life bands ($175.00},
Rescue Pods ($100.00), Defibrillation Pads ($100.00), EZ-10 Needles ($100.00), and calls requiring special handling
($25.00}, charging current fees for all expendable medical supplies, with services not to be withheld due to a person's
inability to pay; amending Resolution No. 2003-25306 by modifying specific fees for the daily rental of a pavilion in north
shore open space park from $75.00 to $125.00 for residents and $250.00 for non-residents; modifying the current hourly
fee charged For City of Miami Beach Parks and Recreation Department staff assigned to parties, events and rentals
from $25.00 to $35.00; and further amending Resolution No. 2007-26594, establishing a $1.00 per ticket facility fee
surcharge and a ticket revenue share program at the Colony Theater .
ded Outcome S
Improve the City's financial health and maintain overall bond rating,
Supporting Data (Surveys, Environmental Scan, etc.):
85 percent of residents and 93 percent of businesses view the City's overall quality of emergency medical response
services as excellent or good and 85 percent of residents rated recreation programs/facilities as either excellent or good.
Residents also rated arts and culture as one of the top three services the City should strive not to reduce. Despite
financial challenges faced over the last five years, the City is committed to improving its overall financial health and
maintaining its overall bond rating while continuing to provide quality programs and services for its residents.
Issue:
Shall the Mayor and City Commission adopt this resolution?
Item Summary/Recommendation:
On August 22, 2012, Administration presented to the Finance and Citywide Projects Committee (FCWPC) various
proposed fee Increases. The Committee recommended modifications to the Fire Rescue transport fee schedule
including increasing the Fire Rescue Transport fee for Basic Life Support and Advanced Life Support 1 from $500 and
$600 respectively, to $800 with the fee for Advanced Life Support 2 ($800) remaining the same, establishing various new
charges in support of Basic and Advanced Life Support, and increasing the charge per mile from $10 to $15;
Modifications to the Parks and Recreation user fees are recommended increasing the daily rental rate of a pavilion in
North Shore Open Space Park from $75.00 to $125.00 for residents and to $250.00 for non-residents, and modifying the
current hourly rate charged for City of Miami Beach Parks and Recreation staff assigned to various parties, events and
rentals from $25.00/hr to $35.00/hr; and at the Colony Theater the addition of a $1 per ticket Facility Fee Surcharge and
30 percent Ticket Revenue Share Program for qualified events in lieu of theater and equipment rental fees.
The Administration recommends the approval of this resolution.
Adviso Board Recommendation:
Recommended by the Finance and Citywide Projects Committee (FCWPC on August 22, 2012.
Financial Information:
Source of
Funds: 1,----~
OBPI
Financial Impact Summary:
Account
Based in prior year's data, the new Rescue Transport fees would generate an additional $ 192,000 in revenue, the
revised pavilion rental rates would generate an estimated $14,000 annually and the hourly staffing fee modification will
generate an estimated $25,000 annually, and it is anticipated the City will generate $5,600 annually from the Colony
Theater Facilit Fee Surchar e and $20 000 from the Ticket Revenue Share Pro ram
s:
Department Director
JO, KS, MS
MIAMI BEACH
Assistant City Manager
MS
273
AGENDA ITEM
DATE
~ MIAMI BEACH '"="
City of Miami Beach, 1700 Convention Center Drive, Miomi 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: September 27, 2012
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION 2010-27326,
INCREASING THE PRESENT FIRE RESCUE TRANSPORT FEES FROM
$500.00 TO $800.00 FOR BASIC LIFE SUPPORT, FROM $600.00 TO
$800.00 FOR ADVANCED LIFE SUPPORT 1, $800.00 FOR ADVANCED
LIFE SUPPORT 2 TO REMAIN THE SAME, FROM $10.00 TO $ 15.00 FOR
MILEAGE PER MILE OR FRACTION THEREOF, IMPLEMENTING NEW
FEES OF $175.00 FOR AUTO PULSE LIFEBANDS, $100.00 FOR RESCUE
PODS, $100.00 FOR DE.FIBRILATION PADS, $100.00 FOR EZ-10
NEEDLES, AND $25.00 FOR CALLS REQUIRING SPECIAL HANDLING (I.E.
EXTRICATION, ETC.), CHARGING CURRENT FEES FOR ALL
EXPENDABLE MEDICAL SUPPLIES, WITH SERVICES NOT TO BE
WITHHELD DUE TO A PERSON'S INABILITY TO PAY; AMENDING
RESOLUTION NO. 2003-25306 WHICH ESTABLISHED THE CURRENT
SCHEDULE OF USER FEES FOR VARIOUS PARKS AND RECREATION
PROGRAMS AND SERVICES, FACILITY ADMISSIONS AND RENTALS
AND OTHER RELATED ACTIVITIES BY MODIFYING SPECIFIC FEES FOR
THE DAILY RENTAL OF A PAVILION IN NORTH SHORE OPEN SPACE
PARK FROM $75.00 TO $125.00 FOR RESIDENTS AND $250.00 FOR NON-
RESIDENTS; MODIFYING THE CURRENT HOURLY FEE CHARGED FOR
CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT STAFF
ASSIGNED TO PARTIES, EVENTS AND RENTALS FROM $25.00 TO
$35.00; AND FURTHER AMENDING RESOLUTION NO. 2007-26594, WHICH
ESTABLISHED RENTAL RATES FOR THE BYRON CARLYLE, COLONY
AND LITTLE STAGE (ACORN) THEATERS; SAID AMENDMENT
ESTABLISHES A $1.00 FACILITY FEE TICKET SURCHARGE AND TICKET
REVENUE SHARE PROGRAM, AS SET FORTH IN THIS RESOLUTION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Improve the City's financial health and maintain overall bond rating.
274
September 27, 2012
Resolution Amending Various General Fund Fees
Page 2of3
The City Commission adopted resolution 2010-27326 increasing the Fire Rescue transport fees
effective February 3rd, 2010 which became effective the 151 of March, 2010 when filed with the
Consumer Services Department of Miami Dade County.
The current fees for transport services are as follows:
Basic Life Support $500
Advanced Life Support 1 $600
Advanced Life Support 2 $800
Mileage Charge/per Mile $ 10
Cardiac Monitoring $ 25
I.V./1.0. $ 25
Intubation $ 25
Oxygen $ 30
Spinal Immobilization $ 25
On August 22, 2012, Administration presented to the Finance and Citywide Projects Committee
a proposed increase to the current transport fee schedule to match the proposed rates currently
charged by Miami Dade County Fire Rescue. Following the presentation and subsequent
discussion, the Committee recommended the following Fire Rescue transport fee modifications
be incorporated into the FY 2012-13 General Fund operating budget and forwarded to the full
City Commission:
Basic Life Support
Advanced Life Support 1
Advanced Life Support 2
Mileage Charge/per Mile
Special Handling Calls
Auto Pulse Lifebands
Rescue Pods
Defibrillation Pads
EZ-10 Needles
$800
$800
$800
$ 15
$ 25 (New)
$175 (New)
$100 (New)
$100 (New)
$100 (New)
All fees for expendable medical supplies shall remain the same and services are not to be
withheld due to a person's inability to pay
PARKS AND RECREATION
Resolution No. 2003-25306, adopted on July 30, 2003, established a schedule of user fees for
various parks and recreation programs and services, facility admissions and rentals. These
included entrance fees to swimming pools, rates charged at the City's Tennis Centers, fees
charged to participate in the City's after school and summer programs, plus many other fees
charged by the Parks and Recreation Department. All approved rates are specific and may
differ depending on whether the participant is a resident or a non-resident.
During the Parks and Recreation Department's annual budget development process the
administration evaluates various service and revenue revisions. On March 7, 2012, the Parks
and Recreation administration presented a schedule of options related to the facility rentals to
the Parks and Recreational Facilities Advisory Board. Following a discussion of these options
the Parks and Recreational Facilities Advisory Board unanimously approved the following
motion: The Parks and Recreational Facilities Advisory Board supports the Parks and
275
September 27, 2012
Resolution Amending Various General Fund Fees
Page 3of3
Recreation Department to proceed in moving the Rental Rates Proposal as part of the
Budget Process to the next level.
At the August 22, 2012 Finance and Citywide Projects Committee meeting the Administration
presented a number of potential revenue enhancements, including recreation fee modifications,
for the Committee's consideration. Following the presentation and subsequent discussion the
Committee recommended the following recreation fee modifications be incorporated into the FY
2012-13 General Fund operating budget and forwarded to the full City Commission:
• Modify the daily rental rate of a pavilion in North Shore Open Space Park from $75.00 to
$125.00 for residents and $250.00 for non-residents;
• Modify the current hourly rate charged for City of Miami Beach Parks and Recreation staff
assigned to service parties, events and rentals from $25.00 to $35.00.
COLONY THEATER
In July of 2004, the City Commission adopted Resolution No. 2004-25646, establishing rental
rates for the Byron Carlyle, Colony and Little Stage theaters. These rates were determined after
a detailed examination of rates charged by similar venues in South Florida and elsewhere, and
included fee schedules for non-profit organizations as well as for commercial users. On July 11,
2007, the City Commission adopted Resolution No. 2007-26594 establishing additional rental
rates for extended run and off-season bookings.
At the August 22, 2012 Finance and Citywide Projects Committee meeting the Administration
presented a number of potential revenue enhancements, including modifications to the Colony
Theater's rental and fee structure, for the Committee's consideration. Following the
presentation and subsequent discussion, the Committee recommended the following be
incorporated into the FY 2012-13 General Fund operating budget and forwarded to the full City
Commission:
• $1 Facility Fee Surcharge: The surcharge would be added to the cost of each ticket sold
and is projected to generate approximately $5,600 in additional revenue at the Colony
Theater. This projection is based on the number of tickets sold annually.
• Ticket Revenue Share Program: Rather than charging the standard theater and
equipment rental fees, the City would share in 30% of the ticket revenue generated.
Qualifying groups would be selected based on a history of successful ticket sales. Based
on historical data Global Spectrum projects approximately $20,000 is additional revenue.
FISCAL IMPACT
The new Fire Rescue Transport fees are estimated to generate an additional $ 192,000 in
revenue. Based on previous rentals of the North Shore Open Space Park pavilions it is
estimated this modification will generate an additional $14,000 annually and the hourly staffing
fee modification will generate $25,000 annually. Additionally, historical data, indicates the City
will generate $5,600 annually from the Facility Fee Surcharge and $20,000 from the Ticket
Revenue Share Program.
CONCLUSION
The Administration recommends the approval of this resolution.
KGB/MAS/KS/JO
276
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING RESOLUTION 2010-27326, INCREASING THE
PRESENT FIRE RESCUE TRANSPORT FEES FROM $500.00 TO $800.00 FOR BASIC
LIFE SUPPORT, FROM $600.00 TO $800.00 FOR ADVANCED LIFE SUPPORT 1,
$800.00 FOR ADVANCED LIFE SUPPORT 2 TO REMAIN THE SAME, FROM $10.00
TO$ 15.00 FOR MILEAGE PER MILE OR FRACTION THEREOF, IMPLEMENTING
NEW FEES OF $175.00 FOR AUTO PULSE LIFEBANDS, $100.00 FOR RESCUE
PODS, $100.00 FOR DEFIBRILATION PADS, $100.00 FOR EZ-10 NEEDLES, AND
$25.00 FOR CALLS REQUIRING SPECIAL HANDLING (I.E., EXTRICATION, ETC.),
CHARGING CURRENT FEES FOR ALL EXPENDABLE MEDICAL SUPPLIES, WITH
SERVICES NOT TO BE WITHHELD DUE TO A PERSON'S INABILITY TO PAY;
AMENDING RESOLUTION NO. 2003-25306 WHICH ESTABLISHED THE CURRENT
SCHEDULE OF USER FEES FOR VARIOUS PARKS AND RECREATION PROGRAMS
AND SERVICES, FACILITY ADMISSIONS AND RENTALS, AND OTHER RELATED
ACTIVITIES BY MODIFYING SPECIFIC FEES FOR THE DAILY RENTAL OF A
PAVILION IN NORTH SHORE OPEN SPACE PARK FROM $75.00 TO $125.00 FOR
RESIDENTS AND $250.00 FOR NON-RESIDENTS; MODIFYING THE CURRENT
HOURLY FEE CHARGED FOR CITY OF MIAMI BEACH PARKS AND RECREATION
DEPARTMENT STAFF ASSIGNED TO PARTIES, EVENTS, AND RENTALS FROM
$25.00 TO $35.00; AND FURTHER AMENDING RESOLUTION NO. 2007-26594,
WHICH ESTABLISHED RENTAL RATES FOR THE BYRON CARLYLE, COLONY,
AND LITTLE STAGE (ACORN) THEATERS; TO ESTABLISH A $1.00 PER TICKET
FACILITY SURCHARGE AND A TICKET REVENUE SHARE PROGRAM, AS SET
FORTH IN THIS RESOLUTION.
WHEREAS, the City of Miami Beach Fire Department serves as the provider of fire rescue
transport services and, in order to comply with the provisions of the Code of Miami-Dade County, Florida,
Chapters 4-7 Ambulance and Medical Transportation-Rates, proposed emergency transport fees are
subject to and effective upon approval by Miami-Dade County; and
WHEREAS, effective February 3, 2010 the City Commission adopted Resolution 2010-27326
increasing Fire Rescue transport fees which subsequently became effective March 1, 2010 when
approved by with the Consumer Services Department of Miami Dade County; and
WHEREAS, on August 22, 2012, the City Administration presented to the members of the Finance
and Citywide Projects Committee for their consideration a proposed increase to the current transport fee
schedule to match the proposed rates currently charged by Miami-Dade County Fire Rescue; and
WHEREAS, following the presentation by the Administration and a discussion, the Committee
recommended the Fire Rescue transport fee increases be incorporated into the proposed FY 2012-13
General Fund operating budget; and
WHEREAS, all fees for expendable medical supplies shall remain the same; and
WHEREAS, notwithstanding the above increased fees, no individuals shall be deprived of Fire
Rescue Transport Services due to the inability to pay for such services; and
WHEREAS, on July 30, 2003, the City of Miami Beach adopted Resolution No. 2003-25306 which
established a schedule of user fees for various parks and recreation programs and services, facility
admissions and rentals and other related activities; and
277
WHEREAS, on August 22, 2012, recreation fee modifications were presented by the City
Administration to the Finance and Citywide Projects Committee for their consideration to assist in
addressing the challenges presented in balancing the 2012-13 budget; and
WHEREAS, following the presentation by the Administration and a discussion, the Committee
recommended the following recreation fee modifications be incorporated into the proposed FY 2012-13
General Fund operating budget:
•Modify the daily rental rate of a pavilion in North Shore Open Space Park from $75.00 to $125.00
for residents and $250.00 for non-residents;
•Modify the current hourly rate charged for City of Miami Beach Parks and Recreation staff
assigned to service parties, events, and rentals from $25.00 to $35.00; and
WHEREAS, in July of 2004, the City Commission adopted Resolution No. 2004-25646,
establishing rental rates for the Byron Carlyle, Colony and Little Stage theaters; and
WHEREAS, on July 11, 2007, the City Commission adopted Resolution No. 2007-26594
establishing additional rental rates for extended run and off-season bookings; and
WHEREAS, at the August 22, 2012 Finance and Citywide Projects Committee meeting, the City
Administration presented modifications to the Colony Theater's rental fee structure establishing a $1.00
per ticket facility surcharge and a ticket revenue share program, which were subsequently recommended
by the Committee.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and adopt the
following fees amending, Resolution 2010-27326, for fire rescue transport fees, but maintaining the current
fees for all expendable medical supplies; amending Resolution No. 2003-25306 which established the
current schedule of user fees for various parks and recreation programs and services, facility admissions
and rentals and other related activities by modifying specific fees for the daily rental of a pavilion in North
Shore Open Space Park, and modifying the current hourly fee charged for City of Miami Beach parks and
recreation department staff assigned to parties, events, and rentals; amending Resolution 2007-26594,
which established rental rates for the Byron Carlyle, Colony, and Little Stage (Acorn) theaters to establish
a $1.00 per ticket facility surcharge and a ticket revenue share program at the Colony Theater, all as more
specifically set forth below
FIRE RESCUE TRANPORT FEES
Basic Life Support
Advanced Life Support 1
Advanced Life Support 2
Mileage Charge/per Mile
Special Handling Calls
Auto Pulse Lifebands
Rescue Pods
Defibrillation Pads
EZ-10 Needles
Current
$500
$600
$800
$ 10
$-0-
$-0-
$-0-
$-0-
$-0-
New
$800
$800
$800
$ 15
$ 25 (New)
$175 (New)
$100 (New)
$100 (New)
$100 (New)
All fees for expendable medical supplies shall remain the same and services are not to be withheld due to
a person's inability to pay.
278
PARKS AND RECREATION
North Shore Open Space Park Pavilion Rental Rates
Current Rate
Residents: $ 75
Non-Residents: $ 75
Hourly Rate for Staff Assigned to Private Park Activities and Events:
Current Rate
Residents/ Non-Residents: $ 25/hr
COLONY THEATER
New Rate
$125
$ 250
New Rate
$ 35/hr
• $1 per Ticket Facility Surcharge Fee: The surcharge would be added to the cost of each ticket
sold;
• Ticket Revenue Share Program: Rather than charging the standard theater and equipment rental
fees, the City would share in 30% of the ticket revenue generated.
PASSED and ADOPTED this
ATTEST:
RAFAEL GRANADO
CITY CLERK
___ day of September, 2012.
MATTI HERRERA BOWER
MAYOR
279
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
-~\Vi
DATE
280
Condensed Title:
A resolution adopting the Miami Beach Cultural Arts Council's Fiscal Year 2012/13 budget in the amount of
$1,164,000.
Key Intended Outcome Supported:
Increase community rating of cultural activities.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Survey, on average,
residents attended cultural activities 10.61 times per month and family friendly activities 7.19 times
per month.
Issue:
he City adopt the Miami Beach Cultural Arts Council's Fiscal Year 2012/13 budget in the amount of
000?
Item Summary/Recommendation:
The Cultural Arts Council (CAC) 2012/13 Budget is allocated as follows:
Cultural Arts Grant Programs ~ The CAC's annual grants program represents 55% of their annual
budget, which equals $650,000. A companion item is included in today's agenda that provides additional
information on the grants process and the recommended awards.
Marketing-Utilized to promote the City of Miami Beach as the region's preeminent cultural destination
and help market the programs of the City's constituent arts groups. This represents 10% of their budget,
which equals $112,285.
Cultural Endowment -The CAC's budget does not include a contribution towards the City's Cultural
Endowment for Fiscal Year 2012/13; however the accrued interest has continued to be deposited into the
Endowment on a quarterly basis.
Administration-Administrative and operating expenses represent 35% of the CAC's annual budget or
$401,715. The administrative budget includes an allocation of $75,152 for a curriculum-based arts
education program for City of Miami Beach Schools.
It is recommended that the City Commission adopt the budget as indicated.
Adviso Board Recommendation:
The Cultural Arts Council approved the proposed budget at their meeting on February 2, 2012.
Financial Information:
Source of
Funds: 1
2
3
4
Total
Financial Impact Summary:
Amount
$1,164,000
$
Clerk's Office Le islative Trackin
Offs:
Department Director
T:\AGENDA\201219-27-12\CAC BUdget
MIAMI BEACH 281
Account
140.6080
Cultural Arts Council Fund
nager
AGENDA IT EM ---'-:7--1-:J_-:::---:::--
DATE q..).?-1 z_
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Bower and Members of the City Commi
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27,2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE MIAMI BEACH CULTURAL ARTS
COUNCIL'S FISCAL YEAR 2012/13 BUDGET IN THE AMOUNT OF
$1,164,000
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
The Cultural Affairs Program is funded by interest earned from the Miami Beach Convention
Center Capital Fund, the GMCVB (per contract), Resort Taxes and Quality of Life funds.
ANALYSIS
The Cultural Arts Council's (CAC) mission is to develop, coordinate, and promote the visual
and performing arts in Miami Beach for the enjoyment, education, cultural enrichment, and
benefit of residents and visitors. In 1997, the original nine-member volunteer board
conducted town meetings with arts groups to evaluate their needs. It then developed a
cultural arts master plan identifying programs to assist local arts groups: grants, marketing,
facilities, revenue development, and advocacy/planning. The Mayor and City Commission
adopted the master plan on June 3, 1998. Since that time the City has awarded in excess of
$10 million in cultural arts grants, supporting thousands of performances, exhibits, and other
cultural activities in Miami Beach. The CAC continually evaluates its programs and
effectiveness based on comments from its constituent arts groups, advisers, grants
panelists, community groups, elected officials, City administrators, and others. The positive
economic impact of the City's cultural efforts is evident throughout the community as is its
effect on our quality of life.
Quality of Life Revenue
In Fiscal Year 2004/05, the City Commission authorized equally allocating 50% of the 1%
Resort Tax to North Beach, Middle Beach, and South Beach, and Tourism & Cultural
Development for Cultural Affairs This commitment of funding for arts and culture provided a
new permanent funding source that sustains cultural programming long term.
Cultural Arts Grants
The City Administration is recommending grants to 46 not-for-profit organizations for cultural
events in Miami Beach between October 1, 2012 and September 30, 2013. The CAC's
recommended annual budget for grants is $650,000 or approximately 55% of the total CAC
budget. Included in this figure is the joint CACNCA program for Cultural Tourism grants that
support cultural events with documented tourism benefits. The VCA provides $30,000 and
the CAC provides $30,000 to fund this program. The grant awards range from $8,281 to
$26,100. A total of $955,000 was requested by 46 viable grant applicants this year. There
is a corresponding item in today's agenda detailing the recommended awards for Fiscal
Year 2012/13.
282
Marketing
This year, the CAC has recommended $112,285 approximately 10% of its annual budget, to
be utilized to promote the City of Miami Beach as the region's preeminent cultural
destination. Last year's efforts continued the momentum initially generated by the marketing
initiative from FY 2004/05, developed by the CAC's Marketing and Communications Task
Force to better promote the arts in our community and market the programs of the City's
constituent arts groups. The CAC will use these funds to further cultural marketing efforts
for Fiscal Year 2012/13. The successful launch of an interactive "Mbculture.com" website
features an extensive cultural calendar and allows the CAC's constituent groups to post
advertisements about their events to its 3,000 subscribers.
Endowment
From 1998 through 2001 the City contributed $200,000 towards the CAC's Cultural
Endowment, 8% of the CAC's annual budget. In fiscal years 2001/02 and 2002/03, due to a
decrease in funding sources, the City contributed $160,000, 15% of the CAC's annual
budget. Due to significant decreases in resort tax revenue and interest income, the City did
not contribute to the CAC's Cultural Endowment for 2003/04. However, in fiscal years
2004/05, 2005/06 and 2006/07, the City contributed $100,000 each year. By the end of
Fiscal Year 2006/07 the Cultural Endowment totaled $1,220,000. Over the last several years
however, due to significant decreases in interest income and property tax cuts, the City did
not contribute towards the CAC's Cultural Endowment; however, accrued interest deposited
quarterly has brought the Endowment's current total to just over $1 ,578, 138. Given this
growth, the City Administration is recommending against an Endowment contribution in
2012/13.
Administration
The CAC's annual budget also includes $401,715 or 35% to be utilized for administrative
and operating expenses. This includes salaries and benefits for two full-time employees,
professional services, operating accounts supporting the CAC's programs and City internal
service charges.
The CAC Administrative budget also includes an allocation of $75,152 to continue and
strengthen curriculum-based arts education programs in City of Miami Beach schools, and
after-school arts classes at school, park and youth center locations. The City began
contracting for these services in 2005/06, following several years of CAC grant support for
these programs. The programs are designed to increase arts and cultural activities for
Beach youth and their families at City facilities and within the City schools. An established
evaluative process and constant feedback assist the Cultural Affairs Program Staff in
monitoring the high quality and continued success of these programs, which receive
supplemental funding of $30,000 from the Tourism & Cultural Development General Fund
Budget, bringing the total program costs to $105,152.
CONCLUSION
The Mayor and City Commission should adopt the Miami Beach Cultural Arts Council's
Fiscal Year 2012/13 budget in the amount of $1,164,000.
KGB/MAS/GF/MH
T:\AGENDA\2012\9-27-12\CAC Budget Memo and Resolution 1213.doc
283
RESOLUTION NO.---------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE MIAMI BEACH
CULTURAL ARTS COUNCIL'S FISCAL YEAR 2012/13 BUDGET IN
THE AMOUNT OF $1,164,000.
WHEREAS, the Miami Beach Cultural Arts Council (CAC) was established
by the Mayor and City Commission on March 5, 1997; and
WHEREAS, the mission of the CAC is to develop, coordinate, and
promote the visual and performing arts in the City of Miami Beach for the
enjoyment, education, cultural enrichment and benefit of the residents of, and
visitors to, Miami Beach; and
WHEREAS, the Mayor and City Commission adopted the Cultural Arts
Master Plan on June 3, 1998, identifying the following program areas for the
CAC: cultural arts grants; marketing; facilities; advocacy and planning; and
revenue development; and
WHEREAS, pursuant to its enabling legislation, the CAC's budget for
each fiscal year shall be adopted by the Mayor and City Commission; and
WHEREAS, accordingly, the CAC recommends a $1,164,000 budget
allocation for Fiscal Year 2012/13 to continue implementation of its programs.
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 Miami Beach Cultural Arts
Council's Fiscal Year 2012/13 budget, in the amount of $1,164,000.
PASSED and ADOPTED THIS ____ day of ------~2012.
ATTEST:
CITY CLERK
KGB/MAS/GF/MH
T:\AGENDA\2012\9-27-12\CAC Budget Memo and Resolution 1213.doc
284
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the City
Manager to approve the Cultural Arts Council's Cultural Grants funding recommendations and awarding
$650,000 in said grants, for Fiscal Year 2012/13, as identified in the attached Exhibit "A"; and further
authorizing the Mayor and City Clerk to execute said grant agreements, and make the award of said grant
monies subject to and contingent upon the approval of the Cultural Arts Council's budget for the Fiscal
Year 2012/13.
Key Intended Outcome Supported:
Increase community rating of cultural activities.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Survey, on average,
residents attended cultural activities 10.61 times per month and family friendly activities 7.19 times per
month.
Issue:
Shall the City approve and accept the grant award recommendations and award $650,000 in said Cult
Arts Grants for Fiscal Year 2012/13?
Item Summary/Recommendation:
Between January and June 2012, the Cultural Affairs Program Staff and CAC conducted an application
and review process for its Fiscal Year 2012/13 Cultural Arts Grant Programs. This process included the
10 member CAC serving as grant panelists who evaluated and yielded 46 viable applications, requesting
a total of $955,000. The recommendations were reviewed by the CAC at their July 12 meeting, where
the CAC unanimously supported them. The number of applications reviewed and dollar figures include
submissions from the joint Cultural Tourism Grants program with the Miami Beach VCA.
Adopt the resolution and approve, accept, and award the Fiscal Year 2012/13 Cultural Arts Council grant
recommendations in the amount of $650,000.
oard Recommendation:
Cultural Arts Council reviewed the grant panel recommendations at their July 12 meeting and
he recommended awards as reflected in the fourth column of Exhibit "A".
Financial Information:
Source of
Funds: 1
2
3
4
Financial Impact Summary:
islativ
Offs:
Department Director
MIAMI BEACH
Amount Account Approved
$650,000 080
al Arts Council Fund
$650,000
AGENDA ITEM
285 DATE _ _,_;:;;._.;;........__
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Bower and Members of the City Co mission
FROM: Kathie G. Brooks, City Manager
DATE: September 27, 2012
SUBJECT: RESOLUTION ACCEPTING THE CITY MANAGER'S RECOMMENDATION,
AND APPROVING THE CULTURAL ARTS COUNCIL'S FUNDING
RECOMMENDATIONS, AND AWARDING $650,000 IN CULTURAL GRANTS,
FOR FISCAL YEAR 2012/13, AS IDENTIFIED IN THE ATTACHED EXHIBIT
"A"; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAID GRANT AGREEMENTS, AND MAKE THE AWARD OF SAID
GRANT MONIES SUBJECT TO AND CONTINGENT UPON THE APPROVAL
OF THE CULTURAL ARTS COUNCIL'S BUDGET FOR THE FISCAL YEAR
2012/13.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available from the Cultural Arts Council's (CAC) budget for Fiscal Year 2012/13.
ANALYSIS
The Mayor and City Commission passed an Ordinance in 1997 establishing the Cultural Arts
Council to support the visual and performing arts in Miami Beach. The cultural arts grants
program, a central component of the Council's master plan, provides funding to not-for-
profits arts organizations through a competitive application and review process. This funding
annually results in hundreds of performances, exhibits, and other cultural events throughout
the City of Miami Beach.
In 1998, a competitive process was established to review grant applications and assess the
cultural community's needs. The grant categories and their objectives are listed below.
Cultural Anchors -Provides grants to the major preeminent arts institutions physically
based in the City of Miami Beach, whose primary mission is year-round artistic and cultural
programming that contributes significantly to the cultural life of the City of Miami Beach.
Organizations must have minimum organizational budget levels of $750,000. Grants may be
used towards operational expenses in association with the annual cultural programming
described in the application. The seven organizations are: ArtCenter/South Florida, Bass
Museum of Art, Jewish Museum of Florida, Miami City Ballet, Miami Design Preservation
League, New World Symphony, and Wolfsonian-FIU.
286
Four years ago the CAC approved the addition of Miami Beach based cultural organizations
into the Cultural Anchors category. These organizations meet all the above listed objectives
but have organizational budget levels below $750,000, and are called "Junior" Cultural
Anchors. For FY 2012/13 these organizations include Arts at St. John's, Miami Beach Film
Society, Miami Beach Garden Conservancy (Miami Beach Botanical Gardens), SoBe
Institute of the Arts, Friends of the Miami-Dade Public Library and The Holocaust Memorial
Committee. Both Stage Door Theatre and FlU School of Architecture and Design (MBUS),
were added as "Junior" Cultural Anchors at the October 6, 2011 and February 2, 2012 CAC
meetings, respectively.
Cultural Heritage -Provides project-specific grants for arts programming to not-for-profit
501 (c)(3) Miami Beach-based institutions devoted to promoting and protecting the diverse
heritage, traditions and culture of Miami Beach. Grants may be used for presentations of
visual and performing arts, arts programs and workshops, and other projects which
emphasize the artistic experience and are accessible to a broad audience. Grant funds may
not be used to support projects that are primarily recreational, therapeutic, vocational or
rehabilitative, or for religious services or programs designed solely for practitioners of a
specific religion.
Artistic Disciplines -Dance, Film, Music, Theater and Visual Arts
Funding is limited to arts and cultural organizations whose primary mission is to create and
present work in one of the following artistic disciplines; Dance, Music Theater, Film and
Visual Arts. Proposed projects should be for work that is new or has never before been
presented in Miami Beach. Organizations receiving an Artistic Discipline Grant are chosen
based on demonstrated artistic talent and potential and the vision for the proposed project,
in relation to their overall artistic goals.
Cultural Presenters-Provides grants to organizations whose primary mission is to produce
and present cultural and artistic productions.
Cultural Tourism (funding shared by the CAC & VCA)-Provides grants to support major
cultural arts performances, festivals, and events which attract a significant number of tourists
to the City of Miami Beach. The CAC partnered with the VCA for Cultural Tourism grants
that support cultural events with documented tourism benefits. The VCA provided $30,000
and the CAC provided $30,000 to fund this program in Fiscal Year 2012/13. Similar to the
CAC grants panel process, three (3) members of the VCA and three (2) members of the
CAC jointly convened a Cultural Tourism Panel on July 25, 2012, to review and recommend
funding for this category. Please refer to Exhibit B for a detailed list of all the review panel
members. The Cultural Tourism Program awards totaled $60,000.
Cultural Ignition -Provides grants for organizations never before funded by the City of
Miami Beach, encouraging new and smaller cultural organizations to participate in the grants
process. Maximum award in this program is $5,000. No one has applied to date.
Each year the CAC assesses its grants programs and practices, and adopts changes to
improve the process and to better serve the public. Now in its second year of
implementation, the Fresh Air Fund is a highly successful program which allocates an
additional $2,000 to all FY 2012/13 Artistic Disciplines and Cultural Presenter grantees in
order to maintain incentives for the production of free, outdoor performances in the City
of Miami Beach. 17 applicant groups qualified for the Fresh Air Fund in FY 2012/13.
All CAC grant applications, guidelines, and instructions were offered in English and Spanish.
Applications were made available through the Department of Tourism and Cultural
Development and electronically on the City of Miami Beach's (www.miamibeachfl.gov) and
the Cultural Affairs Program's (www.mbculture.org and www.mbculture.com) websites.
287
Additionally, the grant programs were publicized in English and Spanish media and via
electronic mail.
Between December 2011 and April 2012, Cultural Affairs staff met individually with
applicants to determine eligibility, program category, and offer guidance regarding
application preparation. Final grant application deadlines varied depending upon Program
category with the earliest deadline of January 13, 2012 for Cultural Anchors and the latest
deadline of April 13, 2012, for Cultural Presenters and Cultural Ignition programs. The
application process, including the Cultural Tourism program, yielded 46 viable applications
for cultural programming in Fiscal Year 2012/13, with requests totaling $955,000, including
the VCA/CAC joint Cultural Tourism Program applicants.
This year, the ten CAC members again comprised the CAC grants panels exclusively;
please refer to exhibit B for a listing of CAC members. The Cultural Affairs Program
Manager and representative from the CAC led a grant panel orientation meeting on
December 7, 2011. The CAC grants panels convened at public meetings on March 1, April
5, May 3 and June 7, 2012. The Cultural Tourism grant panel convened at a public meeting
on July 25, 2012, at 1755 Meridian Avenue, Miami Beach. The panelists reviewed
applications in alphabetical order. Applicants were allowed to address specific questions
from the panelists. The applications were scored using evaluation forms based on criteria
listed in the application, then averaged dropping the highest and lowest scores.
In a public meeting held on July 12, 2012, the CAC members reviewed the final scores
ranked highest to lowest from all the panel meetings combined. As per CAC approved
Fiscal Year 2012/13 grant guidelines, an application must have scored a minimum average
of 80% to be eligible to receive funding. The attached Exhibit "A" lists the forty-six (46)
organizations recommended for funding. One additional applicant did not meet the minimum
score requirements and therefore was ineligible for funding.
CONCLUSION
The Mayor and City Commission should adopt the City Administration's recommendation as
detailed above and as reflected in the fourth column of Exhibit "A", titled "City Administration
Recommendation."
KGB/MAS/GF/MH
T:\AGENDA\2012\9-27-12\CAC Grants Memo and Resolution 1213.doc
288
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION, AND
APPROVING THE CULTURAL ARTS COUNCIL'S FUNDING RECOMMENDATIONS,
AND AWARDING $650,000 IN CULTURAL ARTS GRANTS, FOR FISCAL YEAR
2012/13, AS IDENTIFIED IN THE ATTACHED EXHIBIT "A"; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID GRANT
AGREEMENTS, AND MAKE THE AWARD OF SAID GRANT MONIES SUBJECT TO
AND CONTINGENT UPON THE APPROVAL OF THE CULTURAL ARTS COUNCIL'S
BUDGET FOR FISCAL YEAR 2012/13.
WHEREAS, the Miami Beach Cultural Arts Council (CAC) was created to develop,
coordinate, and promote the performing and visual arts of the City if Miami Beach for the
enjoyment, education, cultural enrichment, and benefit of the residents of and visitors to the City;
and
WHEREAS, from December 2011 through July 2012, the Cultural Affairs staff and CAC
conducted its application and review process for its Fiscal Year 2012/13 Cultural Arts Grant
Programs; and
WHEREAS, grants panelists, comprised of the CAC members for CAC grant programs
and both VCA and CAC members for the joint Cultural Tourism grant program, yielded 46 viable
applications, requesting a total of $955,000; and
WHEREAS, the CAC, at its regular meeting on July 12, 2012, reviewed their
recommendations and unanimously supported the recommended Cultural Arts awards for Fiscal
Year 2012/13 as more specifically identified in column four of Exhibit "A", attached hereto.
WHEREAS, the City Manager has reviewed the recommendations and concurs with
same.
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 accept the City Manager's recommendations and hereby approves the award of
$650,000 in CAC grants for Fiscal Year 2012/13, as identified in column four of the attached
Exhibit "A" titled, "City Administration Recommendation"; and further authorize the Mayor and City
Clerk to execute said Grant Agreements, making the award of said grants subject to and
contingent upon the approval of the CAC's budget for Fiscal Year 2012/13.
PASSED and ADOPTED THIS ____ day of _______ .2012.
ATTEST:
CITY CLERK
KGB/MAS/GF/MH
T:\AGENDA\2012\9-27-12\CAC Grants Memo and Resolution 1213.doc
289
MAYOR
APPROVED .AS TO
FORM & LANGU/\GE
& f'lA EXECUTION
*Mr. Jeff!
Mr, iiteve
Ms. Peggy Benua
Mr. Aaron Perry
('hair
Vic:'c C!wir
Ms. Micky Ross Steinberg
Hen;
Mr. Keith Menin
201 Cultuml Tourism Panelist
290
291
MIAMI BEACH
Cultural Arts Council Members
Nina Duval
Chair
Current term ends: 12131113
Isadore H. (lzzy) Havenick
Vice-Chair
Current term ends: 12131113
Zoila Datorre
Current term ends: 12131114
Beatrice Hornstein
Current term ends: 12131112
Gregory Melvin
Current term ends: 12131114
Charles Million
Current term ends: 12131113
Daniel Novela
Current term ends: 12131112
""~"~·,·~ O'Neiii~Butler
Current Term ends: 12/31/12
"Ed a
Currentterm ends: 12/31/14
Merle Weiss
Current term ends: 12131113
George Neary, Honorary Member
201 Cultural Tourism Panelist
292
Miami Beach Cultural Arts Council
Department of Tourism & Cultural Development
Office: 1755 Meridian Avenue, Suite 500
Mail: 1700 Convention Center Dr., Miami Beach 33139-1819
305 673 7577 I fax 305 673 7262 I www.mbculture.org
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution adopting and approving the Miami Beach Visitor and Convention Authority (MBVCA) FY
2012/2013 bud et in the amount of $2,594,692.
Key Intended Outcome Supported:
Maximize Miami Beach as a destination brand.
Increase community ratings of cultural and tourism related activities.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Survey, around two out of
three businesses felt the number of restaurants and nightclubs was about right, while 60% of businesses thought
there were too few museums (61% of residents thought the City had the right number of museums). Businesses'
positive ratings for City's management of special events were down considerably from 74% in 2009 to 59% in
2012. Despite this result, the percentage of businesses that thought the City held the right number of major
events increased from 50% in 2009 to 66% in 2012. Residents in 2012 reported visiting various venues and
cultural activities more frequently in 2012 than in 2009. The typical resident ate in restaurants 77 times in the past
year, went to the beach 67 times and visited City parks and recreational areas 58 times. Conversely, the typical
resident went to museums and nightclubs only eight times in the past vear.
Issue:
Shall the Mayor and Commission approve the Miami Beach Visitor and Convention Authority (, ....... v ...... ,,
2012/2013 budget in the amount of $2,594,692?
Item""' ,... ndation:
This budget allows the MBVCA to continue its mission to support, maintain and develop quality programs, by
strategically focusing its investments which generate, satisfy and enhance the year-round tourist attractiveness of
Miami Beach. The MBVCA's budget funds programs and special events designed to promote the destination.
The MBVCA is committed to a careful, long-term plan for allocation of resources to build the uniqueness of Miami
Beach as one of the world's greatest communities and tourist destinations.
Adviso Board Recommendation:
The Miami Beach Visitor and Convention Authority (MBVCA) board unanimously approved the FY
2012/2013bud etdurin its'Au ust31,2012boardmeetin.
Financial Information:
Source of
Funds:
Financial Impact Summary:
Clerk's Office L.e istative
51 n-Offs:
Department Director
Amount
T:\AGENDA\201219-27-12\VCA Budget Comm Summary.doc
MIAMI BEACH
Account Approv
2% Resort Tax Revenue
Rollover from FY 201 0/11 year
tricted Reserve
293
City Manager
-.w-----t---~
AGENDA ITEM _R:....:....~._K...:__
DATE f-).7-/Z-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING THE MIAMI BEACH VISITOR AND CONVENTION
AUTHORITY (MBVCA) FY 2012/2013 BUDGET IN THE AMOUNT OF $2,594,692.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Miami Beach Visitor and Convention Authority (MBVCA) was created and exists pursuant to
Chapter 67-930 of the Laws of Florida and Sections 102-246 through, and including 1 02-254 of the
Code of the City of Miami Beach (CMB).
According to Sec. 102-251, the MBVCA is to take "all necessary and proper action to promote the
tourist industry for the city, including but not restricted to causing expert studies to be made,
promotional programs, the recommendations and development of tourist attractions and facilities within
the city, and to carry out programs of information, special events, convention sales and marketing,
advertising designed to attract tourists, visitors and other interested persons." The MBVCA also has the
duty of making all necessary rules and regulations for the efficient operations of the authority.
The MBVCA is a seven-member authority. Each member is appointed by the City of Miami Beach
(CMB) Commission, with the goal of encouraging, developing and promoting the image of Miami Beach
locally, nationally and internationally as a vibrant community and tourist destination. To this end, the
MBVCA strategically focuses its funding investments in a balanced manner, fostering outstanding
existing programs, stimulating new activities, and encouraging partnerships. The MBVCA is committed
to a careful, long-term plan for allocation of resources to build the uniqueness of Miami Beach as one of
the world's greatest communities and tourism destinations.
A budget revenue projection is provided to the MBVCA by the City of Miami Beach Budget Office
annually based on 5% of the 2% Resort Tax. On an annual basis the MBVCA must provide the City
with a budget, on City forms, based on this projection as outlined in Sec. 102-252, before October 151 .
The MBVCA normally budgets funding below the City's projection, as the collection of funds can differ
substantially from projection, such as the result of unanticipated problems like an airline strike,
terrorism, economic issues or storms. When and if there are unallocated funds remaining at the end of
the budget year, those funds are either rolled over and allocated in the next budget year, or retained in
MBVCA's accounts for future reserves. (e.g. endowment funding, to address any funding reductions in
future years) In 2001, by statute, the MBVCA began investing into the creation of an endowment fund.
ANALYSIS
The MBVCA is required by law to maintain reserve bank accounts in approved public depositories, with
sufficient reserves to cover one year of funding, which it does. Reserves are maintained to pay grant
recipients (contracted) for the previous program funding cycle, and to ensure that sufficient funds can
294
MBVCA FY 12/13 Budget
City Commission Meeting
September 27, 2012
be invested to stimulate tourism in the future. The level of reserves was modified in 2011 in order to
maximize the value and impact of tourism directed funds.
The Board has allocated funds for the continuation of the 3 projects recommended to the MBVCA by
the City's Finance Committee in FY 2010/11, for the 2012/13 and 2013/14 fiscal years. The projects in
which funds have been allocated include Public Relations, Visual Memoirs Project, and Mobile API.
The MBVCA submits an annual Program of Work to the CMB as required by Sec. 102-281, and is
audited annually by the City of Miami Beach as required in Sec. 102-281. MBVCA audits have been
positive for the past 12 years.
Tourism Advancement Program
The MBVCA Tourism Advancement Program (TAP) was established to promote Miami Beach as a
sophisticated tourist destination by increasing the number of visitors and through enhancement of
visitors' experiences, through the allocation of funds granted to events or programs that bring visitors to
the CMB and strengthen the CMB brand. In fiscal year 2011/2012, the MBVCA funded TAP in nine
categories, including: Cultural Tourism, Development Opportunities, Film Incentive, Initiatives, Major
One Time Special Event, Special Events Recurring, Special Projects, Special Projects Recurring, and
the Tourism Partnerships. And, in 2011, the MBVCA began new investments, utilizing funds rolled over
from several years past.
A total of $1,683,650 was awarded in FY 2011/2012, compared to $1,637,000 in FY 2010/2011. The
increase in awards reflects an increase in the number of applicants. Grants funded in partnership with
the CMB are critical. Branded tourism-related programs, such as the South Beach Wine & Food
Festival and Art Basel Miami Beach are both examples of events whose beginnings in Miami Beach
stem from grants provided by the MBVCA-events that could be recruited by other destinations.
The MBVCA strategically focuses funding to maximize tourism and brand, to improve Miami Beach by
focusing on events and projects that generate significant publicity, strengthen brand and increase
tourism (generating critical resort taxes for Miami Beach). The Board pays significant attention to
marquee events.
Review process:
For the past decade, the MBVCA has used a multi-level review process for grant review; the process is
reviewed annually. The process includes a mandatory pre-proposal staff conference regarding MBVCA
policies and procedures and TAP. During the interview, MBVCA administration advises each potential
applicant regarding eligibility and appropriateness of the proposed project and defines the grant
category best suited to the potential grant. If eligible, the applicant will then meet with administration to
discuss the process in further detail, including required attachments and meeting dates. All grant
formats and policies are available on the MBVCA website. By Florida law, all MBVCA meetings are
posted and open to the public; all records are public records.
Annually, the MBVCA reviews and refines grant guidelines with respect to efficacy and effectiveness. In
FY 2012/2013, the MBVCA implemented changes to its funding caps and declining scale. The new
declining scale and funding caps allows the MBVCA to diversify their funding into other areas and
initiatives as requested by the City administration and/or the Board. The MBVCA also increased the
criteria in place for the Major One Time Special Event and Special Events Recurring grant categories.
The MBVCA guidelines and application process place emphasis on defining and measuring the
economic impact of each event, as well as considering the impact and value of marketing, publicity and
television origination/viewership. Questions concerning the economic impact of the program, including
requiring an explanation of various aspects of the marketing plan, and how the numbers of hotel room
nights are calculated, are also included in the application, as are the event's or organization's name,
publicity plan, community and residential involvement, or special residents' considerations.
295 2
MBVCA FY 12/13 Budget
City Commission Meeting
September 27, 2012
Standardized recap sheets have been developed to give each applicant a score that rates potential
success. Using this tool, the MBVCA can better evaluate the recipient's long-term commitment to the
community, commitment to brand enhancement, value to tourism, and economic impact. The
application requires contract confirmation for hotel room blocks, letters of media confirmation and/or
viewership contracts to be attached to the completed application; that data must be confirmed before
and after funding is awarded. The MBVCA votes on each specific and individual grant, and evaluates
the grant request, funds available and possible extenuating circumstances after a formal presentation
by the grant applicant. A question and answer period follows with further discussion as needed.
Recurring projects:
The MBVCA also has a current policy in place to fund recurring projects on a declining scale, as
necessary. The declining scale encourages recurring events to recruit corporate and private
sponsorship and, therefore, not solely rely on MBVCA funds as a means of sustaining the event year
after year. The award category establishes funding caps for recurring events, funding that can be
reduced based on the maximum request for the specific grant category. Below is the new scale,
implemented in FY 2012/13:
t Award
ore than 70% of Eligible Request
No more than 60% of Eligible Request
New Cycle Begins
Categories:
Tourism Advancement Program funds are currently awarded in eight categories, including: Cultural
Tourism, Film Incentive, Initiatives, Major One Time Special Event, Special Events Recurring, Special
Projects, Special Projects Recurring and Tourism Partnerships. The MBVCA has developed pre-
eligibility criteria for grants within these categories. The criteria allow staff to determine eligibility and the
appropriate grant category. Applicants must meet two of three of the criteria noted.
Viewers hi
1,000,000
N/A
N/A
1,000,000
350 1,000,000 1,000,000
2 500 250,000 000 15,000 000
2,500 250,000,000 15,000,000
200 500,000
* Industry specific eligibility criteria in place for this program
** Initiatives are specifically targeted towards organizations chosen by the MBVCA to carry out the designated initiative
Budget (TAP) FY 201212013:
The MBVCA has budgeted $1,671,167 for FY 2012/2013 for its Tourism Advancement Program. This
grant funding reflects an increase of $43,517 from FY 2011/2012. This increase is due to the increase
in the number of new events and applicants for the upcoming fiscal year.
• The Tourism Partnerships category is budgeted at $120,000, for FY 2012/2013 currently
296 3
MBVCA FY 12/13 Budget
City Commission Meeting
September 27, 2012
including applicants at the maximum request cap of $30,000. Four applications are anticipated
to be received.
• The Development Opportunities category has been retired due to the small number of
applicants over the years.
• The Major One Time Special Event category, representing 7% of the total budget, is budgeted
at $190,000 in FY 2012/2013, which reflects an increase from FY 2011/2012. The MBVCA
expects four new events to apply; however, the maximum request for the category has
decreased from $50,000 to $45,000. The MBVCA works tirelessly to stimulate and recruit new
events and is willing and prepared to fund valuable tourism and brand related events. In fact,
the MBVCA works with all partners, city leadership and media to solicit appropriate new
projects. New events are expected to include Gourmet Festival Miami, UNTITLED Art Fair, and
the Alzheimer's Public Education Scientific Innovation Summit.
• The Special Events Recurring category has been calculated at $636,000 for FY 2012/2013
based on the established declining scale and on the number of applicants anticipated to return.
• The Special Projects Recurring category is budgeted at $510,000. Anticipated applicants
include Orange Bowl Marketing Campaign; South Beach Comedy Festival; lNG Miami Marathon
and Half Marathon and Tropical SK; the Food Network South Beach Wine and Food Festival;
the Miami International Film Festival; FUNKSHION Fashion Week Miami Beach; and Miami
Beach International Fashion Week. These events, recruited and sustained by the MBVCA, are
all marquee events and annually fill the City's hotel rooms.
• The Film Incentive category is budgeted at $30,000 for FY 2012/2013; budgeting for a total of 1
possible applicant.
Destination Marketing
The Destination Marketing allocation reflects a 3% increase from FY 2011/2012. This increase is due to
the additional placement of stories and press releases on the PR Newswire.
New Initiatives
The MBVCA expects to support new initiatives in FY 2012/2013. Strategic plans, goals and initiatives
are developed through consultation, the result of ongoing communications with Mayor, Commission
and City Administration. Some of these initiatives include:
Public Relations Initiative
Following a competitive Request for Proposals (RFP) search, the MBVCA selected H+K as P.R.
agency of record to enhance Miami Beach's image in FY 2011/2012. H+K will continue to support the
MBVCA effort by increasing brand awareness through strategic media outreach to consumer and travel
trades, major event recruitment, and business and corporate communications programs. H+K has an
extensive presence in the US and internationally. The agency's ability to network and leverage its
global relationships is crucial to the growth of brand 'Miami Beach.'
The MBVCA has renewed the contract with H+K and will invest $250,000 in FY 2012/2013 in this effort.
Objectives include increased public relations or tourism related activities in CMB, recruitment on new
events and meetings, improvement of CMB global reputation. CMB leaders have been active
participants in planning and in oversight.
H+K created and distributed a total of 15 press releases during their first year as agency of record,
garnering 4,630,690,127 media impressions.
Visual Memoirs Project
The MBVCA issued an RFP for qualified entities to record, catalogue and warehouse personal and
eyewitness accounts of the history of the City of Miami Beach in FY 2011/2012. These deliverables
were to include a recorded detailed history of Miami Beach through personal interviews, creating
297 4
MBVCA FY 12/13 Budget
City Commission Meeting
September 27, 2012
collateral materials about the history of Miami Beach and identifying comprehensive exhibit concepts
that can be implemented to execute a comprehensive visual memoir library and promotional campaign.
The Miami Design Preservation League was awarded a one year contract on October 1, 2011 in the
amount of $21,000, and the contract is expected to be renewed in FY 2012/2013 for an additional
$21,000. Thirty-six interviews have been conducted to date with an additional four expected by the end
of the fiscal year. These interviews have included a wide variety of individuals that have been a part of
Miami Beach.
The proposed exhibit will open for its initial run from mid-October through late November 2012 and will
be open to the public free of charge daily from 1 O:OOam until 4:30pm. The documentary will be played
on a loop in the lecture hall portion of the Art Deco Welcome Center. Seating will be placed near the
screen and will accommodate approximately 25 people at a time with standing room in the back.
An educational component is also being developed for FY 2012/2013.
IT/API Development
The MBVCA wishes to provide visitors with timely and relevant information about the City of Miami
Beach, its public and private attractions, services, hotels, businesses, and events in order to enhance
visitors (and residents) experience. Visitors to Miami Beach -all visitors worldwide -are increasingly
using technology to navigate cities or make decisions about leisure experiences, dining, parking,
entertainment and travel in general. Worldwide, technology is king. Many visitors already use the Miami
Beach Wi-Fi service to access the information they need at locations around town.
Miami Beach visitors and residents are using smart phones and tablets to communicate and acquire
information to make these kinds of decisions on-the-go. It is now critical for these visitors and residents
to have access to mobile applications that can help them obtain the information they need to make a
timely and informed decisions.
The MBVCA believes that the development of multiple applications must be developed to answer the
varied needs before and during a CMB visit; appropriately designed and crafted applications can and
should positively impact residents' experiences, as well. Providing a superior information-access
experience will become a differentiating factor for our community. Visitors leave with the knowledge that
CMB is au courant. The MBVCA is taking immediate action to create a platform for future IT
development through a substantial financial investment.
The MBVCA's preliminary review of opportunities and needs was initiated in spring 2011 in consultation
with area experts, and subsequent to a public meeting sponsored by the MBVCA as a situational
analysis. The MBVCA released an RFP in January 2012 and Just Program LLC dba Solodev was
awarded a one year contract on May 22, 2012 in the amount of $116,500. The purpose of the RFP was
to develop a Miami Beach-focused web-based digital content management system (CMS) and modifiable
database to support 3rd party mobile applications via an application programming interface (API).
Additional strategic goals and initiatives will be developed through consultation with partners and
continued outreach.
Projected Cash Flow Reserve
The MBVCA has budgeted $2,000 in the cash flow reserve for FY 2012/2013. The City of Miami Beach
allots resort tax payments to the MBVCA a month after its collection. Therefore, as a fiscal
responsibility, the MBVCA has built in a $2,000 projected cash flow reserve to its budget to ensure that
all grants awarded will have the necessary funds to be reimbursed upon proper request and
documentation.
298 5
MBVCA FY 12/13 Budget
City Commission Meeting
September 27, 2012
FY 2012/2013 Administration and Overhead
The MBVCA's administration and benefits costs are budgeted at $314,000 for the FY 2012/2013. The
overhead allocation is budgeted at $165,000 which reflects 6% of the overall budget. The increase from
FY 2011/2012 is attributed to the hiring of an additional staff person; the build out of additional office
space, cloud information hosting and redundancy, and capital expenditures.
FY 2011/2012 Rollover
A total of $207,000 will be rolled over from FY 2011/2012 into the FY 2012/2013 MBVCA budget to
fund special projects. This rollover of funds is primarily from the grants that were either not awarded
and/or were rescinded for noncompliance.
CONCLUSION
At their August 30, 2012 meeting, the MBVCA Board recommended the Mayor and City Commission
adopt the MBVCA Budget for FY 2012/2013 in the amount of $2,595,667 as reflected in Exhibit A.
299 6
MIAMI BEACH VISITOR AND CONVENTION AUTHORITY
FY 2012/2013
ADOPTED BUDGET PROPOSED
FY 2011.2012 FY 2012.2013 VARIANCE
REVENUES
Unrestricted $ 320,000 269,331 $ (50,669)
Rollover 200,000 207,000 $ 7,000
Projected Resort Tax 1,81.7,719 300,632
TOTAL REVENUES 2,337,729 256,96
\:XPPICHTUI\1!.$
Administration & Benefits $ 250,000 $ 314,000 $ 64,000
Operating Expenses 54,350 140,000 $ 85,650
Capital 7,000 25,000 $ 18,000
Total Administration $ 311,350 $ 479,000 $ 167,650
GRANTS -Tourism Advanc~ment Program
Tourism Partnerships $ 78,250 $ 120,000 $ 41,750
Cultural Tourism $ 30,000 30,000 $
Development Opportunities $ 30,000 $ (30,000)
Major One Time Special Event $ 150,000 190,000 $ 40,000
Special Events Recurring $ 575,400 636,000 $ 60,600
Special Projects $ 75,000 155,167 $ 80,167
Special Projects Recurring $ 629,000 510,000 $ {119,000)
Film Incentive $ 60,000 30,000 $ (30,000)
Total Tourism Adv. Program $ 1,627,650 $ 1,671,167 $ 43,517
Reinvestment plan over 3 year~
Marketing/Communications and PR RFP $ 250,000 $ 250,000 $
Visual Memoirs $ 20,000 $ 21,000 $ 1,000
IT Development 50,000 100,000 $ 50,000
Total $ 320,000 $ 371,000 $ 51,000
Oth•r
Destination Marketing 40,000 41,525 $ 1,525
R&D 7,729 $ (7,729)
Initiatives 24,000 30,000 $ 6,000
Projected Cash Flow Reserve
Total Other 73,52
TOTAL 2,594,69
300
RESOLUTION NO .. __________ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING AND APPROVING THE MIAMI BEACH
VISITOR AND CONVENTION AUTHORITY (MBVCA) FY 2012/2013 BUDGET, IN
THE AMOUNT OF $2,594,692.
WHEREAS, the Miami Beach Visitor and Convention Authority (MBVCA) was created
pursuant to Chapter 67-930 of the Laws of Florida, and Sections 102-246 through 102-254 of the
City of Miami Beach Code; and
WHEREAS, the MBVCA's mission is to support, maintain and develop quality programs,
which generate, satisfy and enhance the year-round tourist attractiveness of Miami Beach; and
WHEREAS, the MBVCA strategically focuses its funding investments in a balanced manner,
fostering outstanding existing programs, stimulating new activities, and encouraging partnerships;
and
WHEREAS, the MBVCA is committed to a careful, long-term plan for allocation of resources
to build the uniqueness of Miami Beach as one of the world's greatest communities and tourist
destinations; and
WHEREAS, pursuant to its enabling legislation, the MBVCA's budget for each FY shall be
presented to the Mayor and Commission; and
WHEREAS, accordingly, the MBVCA recommends approval of the proposed budget for FY
2012/2013, in the amount of $2,594,692, to continue implementation of its programs.
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 adopt the
Miami Beach Visitor and Convention Authority's FY 2012/2013 budget, in the amount of
$2,594,692.
PASSED AND ADOPTED THIS ____ ___,.,;DAY OF------' 2012.
ATTEST:
CITY CLERK MAYOR
301
APPROVED AS TO
FORM & LANGUAGE
FOtil TION
NTI
302
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving the allocation of $585,501 from FY 11/12 General Fund account 011.0930 to the Friends of
the Bass Museum for the purpose of funding operating expenses at the Museum through September 30, 2013; and
further authorizing the City Manager to execute a Letter Agreement with the Friends of the Bass Museum in the
amount of $585,501.
The 2009 Community Satisfaction Survey shows that 73.3 % of residents and 58.7 °/c of businesses feel the City
the "right amount" of cultural events available. The same survey shows that residents attend museums on ave
6.85 times er ear. However, 29.3% of residents also feel the Cit has "too few" museums.
Issue: I Should the City Commission adopt the resolution?
Item Summary/Recommendation:
The Bass Museum was established from its inception as a strong public/private partnership through a contractual
agreement entered into 45 years ago when the City accepted the gift of the art collection of John and Johanna Bass.
This agreement stipulates that the City will maintain the collection in perpetuity, keep it open to the public, and provide
basic funding for the maintenance and exhibition of the collection. The agreement further stipulates that the Bass
Museum, as an operating entity, should be overseen by a Board of Trustees. In addition to the City and the Board of
Trustees, a third entity has existed to promote and further the mission of the Bass Museum of Art: The Friends of the
Bass Museum, Inc.
At the June 3, 2009, City Commission Meeting, Resolution No. 2009-27089 was approved, which authorized the
transfer of $137,000 to the Friends of the Bass Museum. Transferring the budget allocations for certain line items
began the process of transitioning much of the day-to-day administration and oversight of the Museum to the Friends
pending a larger re-vamp of the governing structure of the Museum. This concept was also discussed at the May 5,
2009 Finance and Citywide Projects Committee. The Finance Committee approved the transfer of those operating line
item balances and recommended that the Administration come back, as part of the City budget process, for any future
allocations. Accordingly, at the September 24, 2009 City Commission Meeting, Resolution No. 2009-27216 was
approved, authorizing the transfer of $512,000 to the Friends ofthe Bass Museum, to fund certain operating expenses
for Fiscal Year 2009-10. Similar transfers were approved in 2010 (Resolution No. 2010-27505; $536,495) and 2011
(Resolution No. 2011-27757; $623,391.)
On March 10, 2010, the City Commission adopted Resolution No. 2010-27349 amending the agreement between the
City and Dennis Richard. The City is now finalizing a separate management agreement with the Bass Museum, Inc.,
the new entity that will assume the day-to-day management and operation of the Museum on behalf of the City.
However, there are still some outstanding items that need to be finalized. Therefore, similar to the September 2011
action, the Administration is seeking authorization to allocate $585,501 to the Friends of the Bass for salary expenses
related to the Museum's Assistant Director, curatorial services, security guard, office associate IV and a building
supervisor, as well as other operating expenses. In an effort to ease the future privatization of the Bass Museum,
recently-vacated City positions have been filled as employees of the Bass Museum (non-profit entity). As previously
stated, the objective is to transition all Bass Museum positions to the Bass over time, which will allow for significant
savings to the City in salaries and benefits. In FY 10/11, another vacant position (Office Associate IV) was not filled by
the City and the Bass Museum has assumed the responsibility for this position. Of the eight (8) City funded Bass
Museum positions, three (3) are currently City employees. The remaining five (5) positions have been filled as
employees of the Friends of the Bass Museum and the City has transferred the funding for these positions to the Bass
Museum.
Amount
$ 585,501
Total $585,501
Financial Impact Summary:
MIAMI BEACH
303
5, 2009 meetin .
Account
2012/13 General Fund
011.0930
r
AGENDA ITEM ____,R,.....;.-1....,L __
DATE f-).. 7-t 2.
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov
COMMISSION MEMORANDUM
TO; Mayor Matti Herrera Bower and Members of the City mission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27, 2012
SUBJECT A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN ALLOCATION, IN THE AMOUNT OF
$585,501, FROM FY 12/13 GENERAL FUND ACCOUNT NO. 011.0930; SAID
ALLOCATION TO BE PROVIDED AND UTILIZED BY THE FRIENDS OF THE BASS
MUSEUM, INC., FOR THE PURPOSE OF CONTINUING TO FUND AND PROVIDE
CERTAIN OPERATING EXPENSES AT THE BASS MUSEUM OF ART, THROUGH
SEPTEMBER 30, 2013; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A NEW LETTER AGREEMENT WITH THE FRIENDS OF THE BASS
MUSEUM, INC. MEMORIALIZING THE PARTIES' RESPECTIVE OBLIGATIONS WITH
REGARD TO CERTAIN MANAGEMENT AND OPERATION RESPONSIBILITIES OF
THE BASS MUSEUM THROUGH SEPTEMBER 30, 2013.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available in the FY 12/13 General Fund, Bass Museum of Art Budget.
BACKGROUND
The Bass Museum was established from its inception as a strong public/private partnership through a
contractual agreement entered into 49 years ago when the City accepted the gift of the art collection of
John and Johanna Bass. This agreement stipulates that the City will "maintain the collection in
perpetuity ... provide for the exhibition of the collection, keep it open and available to the public," and
provide basic funding for the maintenance and exhibition of the collection. The City fulfills this obligation
by funding the operational elements of the Museum, and maintaining the building, which is a City asset.
The agreement further stipulated that the Bass Museum, as an operating entity, should be overseen by a
Board of Trustees with responsibility for Museum policies and procedures, as well as day-to-day
management through the staff it employed. The Museum's Executive Director/Chief Curator, for example,
is a City employee with full benefits, but is hired by, and answers to, the Board of Trustees.
In addition to the City and the Board of Trustees, a third entity has existed to promote and further the
mission of the Bass Museum of Art: The Friends of the Bass Museum, Inc. This private and separate
501 (c)3 organization was established in 1978 as the membership and fund raising arm of the Museum.
The President of the Friends chairs the Board of Trustees. The Friends' Board of Directors served as
advisory to the Trustees, advocated and raised funds for the Museum, and sponsored Museum
programs, which included all special exhibitions and educational programs. The Museum's membership,
education, development and marketing efforts were realized by employees of the Friends of the Bass
Museum. Thus the current Museum staff consists of City employees (both classified and unclassified)
and Friends employees, with substantial differences in benefits and pay scales.
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Bass Museum of Art
FY 2012113 Budget Allocation
September 27, 2012
Page 2 of 3
ANALYSIS
To remedy this situation, the Administration began working with the Museum's staff and Boards to
streamline the current governance model and to standardize employment practices. The need for a
modification of the Museum's governance structure was also identified through a Strategic Planning
Process and Peer Review. While the City remains fully committed to the Bass Museum and its success,
both the Administration and the Museum felt that the City can continue to fulfill its contractual obligations
without having actual City employees working at the Museum, while funding for the Museum may be
better allocated if the Museum is able to function independent of certain City processes and contracts. To
this end, two recently-vacated City positions at the Bass, the Assistant Director and Curator, have been
filled as employees of the Friends. The objective is to transition all Bass Museum positions to the Friends
of the Bass over time, which will allow for significant savings to the City in salaries and benefits (especially
pension). Additional savings in certain operational line items have also been identified.
At the June 3, 2009, City Commission Meeting, Resolution No. 2009-27089 was approved, which
authorized the transfer of $137,000 to the Friends of the Bass Museum. In addition to providing them with
direct oversight and management of these operational issues, this also allows the Friends to pursue
potential savings by using non-City contracts for services such as carpet cleaning or for the purchase of
office supplies, for example. This action also began the process of transitioning much of the day-to-day
administration and oversight to the Friends. This is an important step in moving towards increased
simplification of the Museum's governance structure, which has been considered essential for the future
well-being of the institution and was included in the Museum's own five-year strategic plan, completed in
March 2007.
This concept was also discussed at the May 5, 2009 Finance and Citywide Projects Committee.
The Finance Committee approved the transfer of those operating line item balances and
recommended that the Administration come back, as part of the City budget process, for any future
allocations. Accordingly, at the September 24, 2009 City Commission Meeting, Resolution No. 2009-
27216 was approved, authorizing the transfer of $512,000 to the Friends of the Bass Museum, to
fund certain operating expenses for Fiscal Year 2009-10. Similarly, at the September 20, 2010
Commission meeting, Resolution No. 2010-27505 was approved, allocating $536,495, and on
September 27, 2011, Resolution No. 2011-27757 was approved, allocating $623,391.
Concurrent with the above, in August 2009, the Administration, the testamentary representative of
the Bass Family, and representatives of the Friends, commenced discussions to begin the process
of developing a new governance model for the Museum, which includes an overhaul of the existing
by-laws of the Friends, culminating in reconstituting that 501 (C)3 nonprofit organization as the Bass
Museum of Art, Inc. (which entity will replace the Friends as the new governing entity for the
Museum).
Additionally, on March 10, 2010, the City Commission adopted Resolution No. 2010-27349 amending the
agreement between the City and Dennis Alan Richard (as Successor in Interest to John and Johanna
Bass). This new Agreement, among other things, replaced both the existing Bass Board of Trustees
and the Friends of the Bass Museum, Inc., with the Bass Museum of Art, Inc., a 501 (c)3, composed
of actual stakeholders (as opposed to the then current Board of Trustees, who maintained their
seats by virtue of their contractually designated positions under the 1963 Agreement). The City
Manager retained membership on the new governing board, with voting power equivalent to 20% of
the membership of the Board, comparable to the City Manager's representation on the previous
Board of Trustees. The day-to-day responsibility to ensure the City's contractual obligations to
maintain the Collection would be handled by this new governing body through a separate
management agreement with the City.
The City is in the process of developing a separate management agreement with the Bass Museum,
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Bass Museum of Art
FY 2012113 Budget Allocation
September 27, 2012
Page 3 of3
Inc. However, there are still some outstanding items that need to be negotiated. Therefore, similar
to the September 2009, 2010 and 2011 actions, the Administration is seeking authorization to allocate
$585,501 to the Friends of the Bass for salary expenses related to the Museum's Assistant Director,
curatorial services, security guard, Office Associate IV and a building supervisor. In an effort to ease the
future privatization of the Bass Museum, recently-vacated City positions have been filled as employees of
the Bass Museum (non-profit entity). As previously stated, the objective is to transition all Bass Museum
positions to the Bass over time, which will allow for significant savings to the City in salaries and benefits.
In FY 10/11, another vacant position (Office Associate IV) was not filled by the City and the Bass Museum
has assumed the responsibility for this position. Of the eight (8) City funded Bass Museum positions,
three (3) are currently City employees. The remaining five (5) positions have been filled as employees of
the Friends of the Bass Museum, and the City has transferred the funding for these positions to the Bass
Museum.
Additionally, the Administration recommends transferring funds for operating expenses as approved in
2010. The allocation is broken out as follows:
• Salaries: $239,274
• Professional Services: $ 93,343
• Electricity: $ 1,500
• Telephone: $108,000
• Sanitation: $ 900
• Rent/Building/Equipment (art storage): $113,184
• Contract Maintenance: $ 8,800
• Office Supplies: $ 7,000
• Repairs and Maintenance: $ 1,000
• Other Operating Expenses: $ 10,000
• Dues: $ 2,500
TOTAL $585,501
Similar to the previous allocation, the Administration also recommends entering into a letter agreement
with the Friends delineating the responsibilities the Friends would be required to meet in exchange for the
funding. These obligations would be very similar to functions currently carried out jointly between the City
and Friends.
CONCLUSION
The Administration recommends approving the transfer of currently-budgeted operating funds from the
City to Friends of the Bass Museum, Inc.
KGB/MAS/gf
T:\AGENDA\2012\9-27-12\Bass Budget Memo.doc
306
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfLgov
OFFICE OF THE MANAGER
Tel 305.673.7010, Fax 305.673.7782
September 27, 2012
George Lindemann, President
Friends of the Bass Museum, Inc., and
The Bass Museum of Art, Chairperson
2121 Park Avenue
Miami Beach, Florida 33139
Re: Interim Agreement between the City of Miami Beach, Florida (City) and the
Friends of the Bass Museum, Inc. (Friends) for the Continued Management
and Operation of the Bass Museum of Art from October 1, 2012 to
September 30, 2013
Dear Mr. Lindemann:
The foregoing Letter Agreement shall confirm the understanding between the City and
the Friends, with regard to the Friends' continuing to provide certain management and
operational responsibilities at the Bass Museum of Art, located at 2121 Park Avenue,
Miami Beach, Florida (hereinafter the Bass Museum or the Museum), for a term
commencing on October 1, 2012 (Commencement Date), and terminating on
September 30, 2013 (the Term).
Throughout the Term, the Friends agree to provide the following services in support of
the ongoing management and operation of the Bass Museum (hereinafter, such
services are collectively referred to as the Services):
• Administer, operate, and maintain the John and Johanna Bass Collection (the
Collection), as contemplated pursuant to the terms and conditions of that certain
agreement between the City and John and Johanna Bass, dated July 8, 1963, as
amended and restated on March 10, 2010, and approval pursuant to the July 8,
1963 agreement between the City and John and Johanna Bass, and the March
10, 2010 amended and restated agreement between the City and Dennis Alan
Richard (as Successor in Interest to John and Johanna Bass, as well as any
amendments thereto, is hereinafter referred to as the Bass Agreement) ..
• Develop and implement exhibitions, programs, and activities which support and
promote the goals and priorities agreed upon by the City and the Friends
(including, without limitation, those which are consistent with and continue to
further the purposes set forth in the Bass Agreement).
307
• Provide certain day-to-day administrative services in support of the Collection, as
well as any and all other art work(s) in the Museum, and the aforestated
activities, to ensure that the Museum continues to be operated, managed, and
maintained in a first-class manner, consistent with similar world-class public
museums of comparable size and budget to the Bass Museum and including,
without limitation, acquisition of services, equipment, and supplies; day-to-day
housekeeping and maintenance; record-keeping; collections and billings; and
similar services.
The Friends represents to City that, prior to the commencement of the Term, its
authorized representatives have inspected the Bass Museum building; accordingly, the
Friends hereby accept the facility 'AS IS, WHERE IS, AND WITH ALL FAULTS"
existing as of the Commencement Date.
In the event that any claim or controversy arises with respect to the Agreement, the
Friends and the City hereby knowingly and voluntarily waive their rights to assert any
argument or defense alleging inadequate or insufficient consideration.
Attached as Exhibit "A" hereto is the Museum's Operating Budget for the Term (the
Operating Budget or Budget), which the City and Friends have mutually reviewed and
approved. The City and Friends hereby agree and acknowledge that said Budget is
adequate for the provision of the Services. The Friends shall not exceed the Operating
Budget, which has been established at$ 585,501.
The Friends shall use best efforts to undertake, deliver and perform the Services, in
accordance with, and in the amount provided by, the Operating Budget. The Friends
agree to notify the City Manager within ten (1 0) days of any significant change or
variance in the bottom line numbers in the Operating Budget, and any material increase
in any identified cost(s) and/or expense(s) from thaUthose provided for in the Operating
Budget. Notwithstanding the preceding, or anything contained in this Agreement, the
Friends shall not exceed, commit, or contract to expend any sum in excess of the
aggregate amount allowed in the Operating Budget without first obtaining the prior
written consent of the City Manager, which consent, if granted at all, shall be in the
Manager's sole and reasonable judgment and discretion.
The Friends shall pay all items of expense related to the Services (and subject to the
amount indicated in the approved Operating Budget) from JP Morgan (General Operating
Account) #849186630. In addition to payment of any operating expenses related to the
provision of the Services, any and all revenues generated by the Friends' (pursuant to
the duties set forth herein) shall also be deposited into this account. Deposits and/or
withdrawals must prepared by the Assistant Director and confirmed by the Executive
Director. All checks exceeding five thousand dollars ($5,000) require two signatures.
Authorized signatories on the account are as follows:
• Executive Director;
• President of the Board;
2
308
• Vice-President of the Board;
• Secretary of the Board.
The Friends agree to keep and maintain an office in the Museum devoted exclusively to
its performance/provision of the Services. The Friends shall keep and maintain all
records related to, and in support of, the Services at such office. Any financial records
shall be maintained in accordance with generally accepted accounting principles. The
City Manager or his authorized designees shall have the right, at any time during the
Term, to audit and inspect any and all Friends' records, upon reasonable written or
verbal notice to the Friends, and during the Museum's normal hours of operation.
The City and the Friends shall each appoint a contract administrator who shall monitor
the parties' compliance with the terms of this Agreement and, in the case of the Friends,
who shall serve as the point person for the City with regard to the Services. Unless
otherwise notified, the contract administrators for each party are as follows:
For the City:
Gary Farmer, Cultural Affairs Program Manager
Tourism and Cultural Development Department
City of Miami Beach
1755 Meridian Avenue
Miami Beach, Florida 33139
305-673-7577
For the Friends:
Silvia Karman Cubina
Executive Director/Chief Curator
Friends of the Bass Museum
2121 Park Avenue
Miami Beach, Florida 33139
305-673-7 530
The Friends agree to defend, indemnify and hold harmless the City, and its officials,
directors, officers, employees, agents, contractors, servants, successors and assigns
against any claims, causes of actions, costs, expenses, (including reasonable attorney's
fees) liabilities, or damages arising out of or in connection with any negligent act or
omission, or intentional misconduct on the part of the Friends or any of its officials,
directors, officers, employees, agents, contractors, servants, successors and assigns, in
the performance of its obligations under this Agreement and/or from the Services.
Additionally, and notwithstanding the indemnification/hold harmless obligations in the
preceding paragraph, or any other term or condition of this Agreement, the Friends shall
defend, indemnify and hold harmless the City, its officials, directors, officers,
employees, agents, contractors, servants, successors and assigns, against any claims,
causes of actions, costs, expenses (including reasonable attorney's fees), liabilities, or
damages arising out of or in connection with any claim, controversy or cause of action
brought against the City of Miami Beach (and including its officers, employees, agents,
and contractors) alleging any breach by the City of the Bass Agreement as a result of
3
309
the execution of this letter agreement between the City and Friends.
The indemnification and hold harmless requirements in the two preceding paragraphs
shall survive the termination or expiration of this Agreement.
Notwithstanding this indemnification, and as a further condition, the Friends shall, at its
sole cost and expense, maintain in full force and effect throughout the Term of the
Agreement following insurance:
Commercial General Liability Insurance, on an occurrence form, in the amount of
Two Million ($2,000,000) Dollars, per occurrence, for bodily injury, death,
property damage, and personal injury. This policy must name the City of Miami
Beach, Florida, as additional insured.
Workers' Compensation and Employers' Liability coverage, in accordance with
Florida statutory requirements.
All-Risks property and casualty insurance, written at a m1mmum of 80% of
replacement cost value and with replacement cost endorsement, covering all of
Friends' personal property in the Museum and all improvements installed in the
Museum by or on behalf of the Friends.
The Friends shall provide proof of the aforestated coverages to the City Manager, within
thirty (30) days of execution of this Letter Agreement. It is understood and agreed that
any coverage provided by the Friends is primary to any insurance or self-insurance
program the City has for the Museum, and that there shall be no right of recovery or
subrogation against the City. All policies must be issued by companies authorized to do
business in the State of Florida and assigned a rating of B+VI or better, per Best's Key
Rating Guide, latest edition.
This Letter Agreement may be terminated by the City Manager, for cause, in the event
of a breach by the Friends' of any term(s) and/or condition(s) set forth herein and the
Friends' failure to satisfactorily cure same within seven (7) days of written notice of such
breach by the City Manager or his designee; or by either party, for convenience (and
without cause), upon fifteen (15) days prior written notice to the other party.
All written notices and communications required or permitted hereunder may be
delivered personally to the representatives of the Friends and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an
address outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
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TO FRIENDS:
TO CITY:
Friends of the Bass Museum, Inc.
Attn: George Lindemann
President
2121 Park Avenue
Miami Beach, Florida 33139
(305) 673-7530
City of Miami Beach
Attn: Max Sklar
Cultural Arts & Tourism Dev. Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7000, Ext. 6116
Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an
address in the city of dispatch, on the day following the date mailed; and if mailed to an
address outside the city of dispatch on the seventh day following the date mailed.
This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regard to principles of
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, if in federal court. BY ENTERING INTO THIS
AGREEMENT, CITY AND FRIENDS 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.
The Friends hereby represents, warrants and covenants to the City:
(i) that it has the full legal right, power and authority to enter into this
Agreement and to grant the rights and perform the obligations herein, and
that no third party consent or approval is required to grant such rights or
perform such obligations hereunder;
(ii) that this Agreement has been duly executed and delivered by the
President of the Friends, and attested to by the Secretary, and constitutes
a valid and binding obligation of the Friends, enforceable in accordance
with its terms; and
(iii) that the Friends will comply with all laws applicable to its management of
the Museum, as set forth in this Agreement; provided that the Friends will
not be required to undertake any compliance activity, or have any liability
under this Agreement, if such activity requires any capital expenditure
beyond the approved Operating Budget.
5
311
Neither party may assign this Agreement.
Neither this Agreement, nor any of its terms, may be changed, modified, waived, or
terminated except by an instrument in writing, signed by an authorized representative,
which shall be the City Manager (on behalf of the City), and the President of the Friends
(on behalf of the Friends).
The City and Friends acknowledge and agree that they are not joint venturers, partners,
or joint owners with respect of the Bass Museum and/or with respect to this Agreement
and/or the Services. Nothing contained in this Agreement shall be construed as creating
a partnership, joint venture or similar relationship between the City and the Friends.
Any employees at the Bass Museum who are City of Miami Beach employees shall
continue to remain City employees throughout the Term (unless otherwise terminated
by the City), and shall remain under the supervision, direction and control of the City.
Additionally, for purposes of this Agreement (or otherwise) no officer, director,
employee, agent, or contractor of the Friends shall be deemed to be an agent or
employee of the City, and shall not attain any rights or benefits under the Civil Service
or Pension Ordinance of the City, or any right generally afforded Classified or
Unclassified employees' or be deemed entitled to Florida Worker's Compensation
benefits as an employee of the City, or accumulation of sick or annual leave.
(THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK)
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312
CITY OF MIAMI BEACH, FLORIDA
Kathie G. Brooks, Interim City Manager
Date
Attest: FRIENDS OF THE BASS MUSEUM, INC.
Secretary George Lindemann, President
Date
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BASS MUSEUM FY 2012/13 BUDGET
314
RESOLUTION NO., _________ _
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ALLOCATION, IN THE
AMOUNT OF $585,501, FROM FY 12/13 GENERAL FUND ACCOUNT NO.
011.0930; SAID ALLOCATION TO BE PROVIDED AND UTILIZED BY THE
FRIENDS OF THE BASS MUSEUM, INC., FOR THE PURPOSE OF
CONTINUING TO FUND AND PROVIDE CERTAIN OPERATING EXPENSES
AT THE BASS MUSEUM OF ART, THROUGH SEPTEMBER 30, 2013; AND
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW
LETTER AGREEMENT WITH THE FRIENDS OF THE BASS MUSEUM, INC.
MEMORIALIZING THE PARTIES' RESPECTIVE OBLIGATIONS WITH
REGARD TO CERTAIN MANAGEMENT AND OPERATION
RESPONSIBILITIES OF THE BASS MUSEUM THROUGH SEPTEMBER 30,
2013.
WHEREAS, the Bass Museum (Museum) was established from its inception as a
strong public/private partnership through a contractual agreement entered into in 1963
between the City and John and Johanna Bass, whereby the City accepted the gift of the
art collection of John and Johanna Bass (the Bass Collection), in exchange for making
the Bass Collection open and available to the public in a building maintained by the City
(the 1963 Agreement and all subsequent amendments thereto is hereinafter referred to
as the "1963 Bass Agreement"); and
WHEREAS, the 1963 Bass Agreement, requires the City to maintain the Bass
Collection in perpetuity; provide for the exhibition of the Collection; keep it open and
available to the public; and provide basic funding for the maintenance and exhibition of
the Collection; and
WHEREAS, the City fulfills this obligation by funding the operational elements of
the Bass Museum and maintaining the building, which is a City asset; and
WHEREAS, the 1963 Bass Agreement further stipulates that the Bass Museum
shall be overseen by a Board of Trustees, who has the responsibility for Museum
policies and procedures, as well as day-to-day management through the staff it
employs; and
WHEREAS, a third entity exists to promote and further the mission of the Bass
Museum, the Friends of the Bass Museum, Inc., which is a 501(c)3 was established in
1978 as the membership and fund raising arm of the Museum; and
WHEREAS, since 2008, the Administration has been working closely with the
Bass Board of Trustees (Bass Board) and the Friends of Bass Museum, lnc.(Friends) to
streamline the current governance model, standardize employment practices, and
empower the Museum to fully realize its potential as the City's prominent art institution;
and
WHEREAS, during this time, the City approved Resolution Nos. 2009-27089 and
2009-27216, and corresponding Letter Agreements, whereby the City agreed to
315
appropriate and transfer budgeted operating funds for the Museum, in consideration of
the Friends' agreement to undertake certain management and operational responsibility
(on behalf of the City) for the Museum; and
WHEREAS, on March 10, 2010, the City Commission adopted Resolution No.
201 0-27349 which approved an Amended and Restated Bass Museum Agreement
between the City and Dennis Alan Richard (as successor in interest to John and
Johanna Bass); the Amended and Restated Agreement was intended to replace and
supersede the 1963 Bass Agreement; and
WHEREAS, the City and Friends have agreed to execute another Letter
Agreement for Fiscal Year (FY) 2012/13, whereby the Friends will to continue to provide
certain oversight and management responsibilities relative to the Bass Museum,
through FY 2012/13; the Letter Agreement is attached and incorporated as Exhibit "A"
hereto.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA that the Mayor and City
Commission hereby appropriate $585,501, from FY 2012/13 General Fund Account No.
011.0930; said appropriation to be provided to and utilized by the Friends of the Bass
Museum, Inc., for the purpose of continuing to provide certain services for the
management and operation of the Bass Museum of Art for Fiscal Year (FY) 2012/13;
and further authorizing the City Manager to execute a new Letter Agreement with the
Friends of the Bass Museum, Inc. memorializing the parties' respective obligations with
regard to the aforestated management and operation of the Bass Museum.
PASSED and ADOPTED this 27th day of September, 2012.
MAYOR
ATTESTED BY:
CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
q-z_(-(1..-
-15ate
316
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Authorizing A Loan In An Aggregate Principal Amount Not To Exceed $50,000,000
Outstanding At Any Time From JPMorgan Chase Bank, NA, To Pay Costs Of Capital
Projects; Authorizing The Execution And Delivery Of A Loan Agreement And Promissory
Notes To Evidence The Obligation Of The City To Repay Such Loan; Providing Security For
The Repayment Of The Loan; Authorizing Other Actions In Connection With The Loan And
The Financing Program; And Providing For An Effective Date.
Intended Outcome Su orted:
• Improve the City's overall financial health and maintain overall bond rating.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue: I Shall the City Commission Adopt the Resolution?
Item Summary/Recommendation:
The City's current Line of Credit ("LOC") was executed in January 2011 to provide the City liquidity to
continue to award contracts for new water, sewer, and stormwater projects. This LOC was with
JPMorgan Chase Bank for $30 million for a period of 18 months.
The City, with the assistance of the City's Financial Advisors, RBC Capital Markets, asked JPMorgan
Chase and 13 other banks for proposals to renew the line of credit. Only two banks sent their
proposals to the City: JPMorgan Chase and SunTrust. When queried, the other banks did not want to
offer any LOC to the City unless the City had substantial deposits with them. SunTrust offered the
City a $30 million LOC with terms that were not reflective of current improved market conditions.
JPMorgan Chase offered the City a $50 million LOC and had the best offer which represented
substantial savings over the SunTrust offer as well as our current JPMorgan Chase LOC.
Proceeds from the LOC will be used for interim financing of stormwater capital projects approved by
the Commission in anticipation of future bond issues. The proceeds from any such long term fixed
rate bonds for capital projects shall be used to pay down the LOC should any draws be necessary.
The City may prepay the line of credit prior to maturity at any time without penalty.
The City also may use the proposed LOC to award scheduled water and sewer capital projects while
spending existing bond funds. This strategy should expedite the expenditure of existing funds,
minimize the need to draw against the line of credit and facilitate the issuance of future tax-exempt
bonds while building the required debt service coverage.
ADOPT THE RESOLUTION.
Amount
105,250
105,250
Director
MIAMI BEACH
Account Approved
160-000730
155-000730
y Manager
317
KG
AGENDA ITEM _ _,__7_M..;;.........._
DATE !-J-7 ~ I?,
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City C mission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING A LOAN IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000 OUTSTANDING AT
ANY TIME FROM JPMORGAN CHASE BANK, N.A., TO PAY COSTS OF
CAPITAL PROJECTS; AUTHORIZING THE EXECUTION AND DELIVERY
OF A LOAN AGREEMENT AND PROMISSORY NOTES TO EVIDENCE THE
OBLIGATION OF THE CITY TO REPAY SUCH LOAN; PROVIDING
SECURITY FOR THE REPAYMENT OF THE LOAN; AUTHORIZING OTHER
ACTIONS IN CONNECTION WITH THE LOAN AND THE FINANCING
PROGRAM; AND PROVIDING FOR AN EFFECTIVE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOMES SUPPORTED
Improve the City's overall financial health and maintain overall bond rating.
ANALYSIS
The City's current Line of Credit ("LOC") was executed in January 2011 to provide the
City liquidity to continue to award contracts for new water, sewer, and stormwater
projects. This LOC was with JPMorgan Chase Bank for $30 million for a period of 18
months.
The City, with the assistance of the City's Financial Advisors, RBC Capital Markets,
asked JPMorgan Chase and 13 other banks for proposals to renew the line of credit.
Only two banks sent their proposals to the City: JPMorgan Chase and SunTrust. When
queried, the other banks did not want to offer any LOC to the City unless the City had
substantial deposits with them. SunTrust offered the City a $30 million LOC with terms
that were not reflective of current improved market conditions. JPMorgan Chase offered
the City a $50 million LOC and had the best offer which represented substantial savings
over the SunTrust offer as well as our current JPMorgan Chase LOC. The following
chart summarizes the proposals received by the two banks including the current $30
million LOC from JPMorgan Chase for comparative purposes.
318
Commission Memo Re Line of Credit
September 27, 2012
Page2of3
JP Morgan Chase
Current LOC
JP Morgan Chase Sun Trust
. Ren ...
Credit Amount $30,000,000 $50,000,000 $30,000,000
Term 18 Months 18 Months 18 Months
Upfront Fee 5 bps ($15,000) $0 $4,500
Annual Fee for Unused Credit 35 bps ($105,000) 20 bps ($100,000) 35 bps ($105,000)
Annual Interest on Draws:
Tax-Exempt 74% X (LIBOR + 1.05%) 74% X (LIBOR + 0.85%) 73% of the sum of:
LIBOR + 1.0% for 1st 90 days
LIBOR + 1.25% for next 90 days
LIBOR + 1.50% for remainder
period until maturity
Taxable LIBOR + 1.05% LIBOR + 0.85% LIBOR + 1.0% for 1st 90 days
LIBOR + 1.25% for next 90 days
LIBOR + 1.50% for remainder
period until maturity.
Total cost w/o borrowing
18 months $172,500 I $150,000 l $162,000
Proceeds from the LOC will be used for interim financing of stormwater capital projects
approved by the Commission in anticipation of future bond issues. The proceeds from
any such long term fixed rate bonds for capital projects shall be used to pay down the
LOC should any draws be necessary. The City may prepay the line of credit prior to
maturity at any time without penalty.
The City also may use the proposed LOC to award scheduled water and sewer capital
projects while spending existing bond funds. This strategy should expedite the
expenditure of existing funds, minimize the need to draw against the line of credit and
facilitate the issuance of future tax-exempt bonds while building the required debt
service coverage.
Tax-exempt draws against the line of credit proposed by JPMorgan Chase will have a
variable interest rate equal to 74% of the sum of the Libor rate plus 0.85%, and taxable
draws will have a variable rate equal to the sum of the Libor rate plus 0.85%. The
current Libor rate is 0.22% as of September 17, 2012.
There will not be any bank origination fees from JPMorgan Chase. However, there will
be an annual fee of 20 basis points (0.20%) on the unused portion of the line of credit
("Unused Facility fee", $100,000 if there are no draws). The City will also need to pay for
any closing costs as well as the fees for legal counsel and the financial advisor which is
estimated to be $60,500.
The Resolution also authorizes the Mayor, the City Manager, the Chief Financial Officer,
and other City employees to take all necessary actions and execute documents as may
be necessary in connection with the loan and the financing program.
319
Commission Memo Re Line of Credit
September 27, 2012
Page 3of3
BACKGROUND
Florida law requires all governments to have funds available in the amount of the
contract at the time of awarding the contract. The most effective way to meet the City's
financing needs, without incurring significant additional cost, is to obtain a line of credit.
This line of credit would be guaranteed by a covenant to budget and appropriate non-ad
valorem revenues.
Under this approach, the City could utilize the line of credit to meet its financial
commitment needs and be in compliance with state law while spending its existing
bonds proceeds.
In accordance with Section 218.385, Florida Statutes, as amended, undertaking this
financing program on a negotiated basis through the line of credit is in the best interest
of the City (rather than a sale through competitive bidding) and will serve a proper public
purpose because it offers (1) borrowing at lower rates than those which the City could
command in the market, and (2) flexibility of financing which could not be obtained in a
sale through competitive bidding.
This Resolution authorizes City's officials, officers, attorneys, agents and employees to
do all acts and things and execute and deliver any and all documents necessary by this
Resolution, the Loan Agreement or the Notes, or desirable or consistent with the
requirements of this Resolution, the Loan Agreement or the Notes, in order to obtain the
Loan, accomplish the Financing Program and provide for the full, punctual and complete
performance of all the terms, covenants and agreements contained in the Loan
Agreement, the Notes and this Resolution, including the execution of any necessary Tax
Compliance Certificate and the execution and filing of any necessary form or other
document with the Internal Revenue Service with respect to any Advance under the Tax-
Exempt Note.
On August 22, 2012, Finance and Citywide Projects Committee Meeting, the committee
recommended this financing and requested that this item be brought to the City
Commission when ready.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of
Miami Beach, Florida, adopt the attached resolution, authorizing the Administration to
enter into a loan in an aggregate principal amount not to exceed $50,000,000
outstanding at any time from JPMorgan Chase Bank, N.A., to pay costs of capital
projects; authorizing the execution and delivery of a loan agreement and promissory
notes to evidence the obligation of the City to repay such loan; providing security for the
repayment of the loan; authorizing other actions in connection with the loan and the
financing program; and providing for an effective date.
KGB: POW: jr
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320
RESOLUTION NO. __
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING A LOAN IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000
OUTSTANDING AT ANY TIME FROM JPMORGAN CHASE BANK, N.A.,
TO PAY COSTS OF CAPITAL PROJECTS; AUTHORIZING THE
EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND
PROMISSORY NOTES TO EVIDENCE THE OBLIGATION OF THE CITY
TO REPAY SUCH LOAN; PROVIDING SECURITY FOR THE REPAYMENT
OF THE LOAN; AUTHORIZING OTHER ACTIONS IN CONNECTION WITH
LOAN AND THE FINANCING PROGRAM; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida (the "City") is duly authorized, pursuant
to the Constitution of the State of Florida, Chapter 166, Part II, Florida Statutes, as amended,
Chapter 159, Part VII, Florida Statutes, as amended, and the Charter of the City (collectively, the
"Act"), to borrow money to finance capital projects; and
WHEREAS, the City is in need of interim financing to pay costs of capital projects (the
"Financing Program"); and
WHEREAS, in connection with the Financing Program, JPMorgan Chase Bank, N.A.
(the "Bank"), has offered to the City a loan through two revolving lines of credit in an aggregate
principal amount not to exceed $50,000,000 outstanding at any time (the "Loan"); and
WHEREAS, the City has determined that it is m
undertake the Financing Program through the Loan; and
best interests of the City to
WHEREAS, to evidence its obligation to repay the Loan, the City will execute and
deliver to the Bank a Loan Agreement (the "Loan Agreement") and a Tax-Exempt Note and a
Taxable Note (such notes collectively, the "Notes"); and
WHEREAS, to repay the Loan, the City wishes to covenant to budget and appropriate
Non-Ad Valorem Revenues (as defined in the Loan Agreement), in accordance with and subject
to the limitations contained in the Loan Agreement and the Notes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. DEFfNITIONS.
Terms defined in the preambles shall have the meanings set forth in such preambles. All
capitalized terms used in this resolution (the "Resolution") which are defined in the Loan
Agreement shall have the meanings assigned in the Loan Agreement, unless the context
affirmatively requires otherwise.
MIAM!/4281905.2
321
SECTION 2. FINDINGS.
The preambles are incorporated as findings.
declared that:
addition, it is found, determined and
(A) The Financing Program and the Loan are permitted under the Act, are
necessary and desirable, are in the public interest and will serve a proper public purpose.
(B) In accordance with Section 218.3 Florida Statutes, as amended,
undertaking the Financing Program on a negotiated basis through the Loan is in the best interest
of the City (rather than a through competitive bidding) because it offers (i) borrowing at
lower rates than those which the City could command in the market, and (ii) flexibility of
financing which could not be obtained in a sale through competitive bidding.
SECTION 3. LOAN AUTHORIZED.
The Loan in an aggregate principal amount not to exceed $50,000,000 outstanding at any
time to undertake Financing Program, as described in this Resolution and in the manner
provided in the Loan Agreement, is authorized and approved.
SECTION 4. AUTHORIZATION
AGREEMENT.
EXECUTION AND DELIVERY OF LOAN
The Loan Agreement, substantially the form attached as Exhibit "A" to this
Resolution, with such changes, alterations corrections as may be approved by the Mayor of
the City (the "Mayor"), after consultation with the Chief Financial Officer of the City (the "Chief
Financial Officer") and the City Attorney of the City (the "City Attorney"), such approval to be
presumed by the execution by the Mayor of Loan Agreement, is approved by the City. The
City authorizes and directs the Mayor to execute and the City Clerk or Deputy City Clerk of the
City (the "City Clerk") to attest under the seal of the City the Loan Agreement and to deliver the
same to the Bank.
SECTION 5. ISSUANCE OF NOTES.
The Loan shall evidenced by the Notes. The Notes, in substantially the forms attached
to the Loan Agreement, with such changes, alterations and corrections as may be approved by
the Mayor, after consultation with the Chief Financial Officer and the City Attorney, such
approval to be presumed by execution by the Mayor of the Notes, are approved by City.
The City authorizes and directs the Mayor to make and execute the Notes and to issue and
deliver the Notes to the Bank.
SECTION 6. SECURITY FOR THE LOAN.
The Loan shall be payable solely from Non-Ad Valorem Revenues, in accordance with
and subject to the limitations contained in the Loan Agreement and the Notes. Neither the Loan
nor the Notes shall be a general obligation of City, or a pledge of its faith, credit or taxing
power within the meaning of any constitutional or statutory provisions or limitations, but shall be
2
MIAMI/4281905.2
322
payable solely as provided in the Loan Agreement and Notes. The City shall not be obligated to
its taxing power to pay the principal of the Loan and the Notes, the related interest or
other payments or costs.
SECTION 7. GENERAL AUTHORITY.
The City's officials, officers, attorneys, agents and employees are authorized to do all
acts and things and execute and deliver any and all documents necessary by this Resolution, the
Loan Agreement or Notes, or desirable or consistent with requirements of this Resolution,
the Loan Agreement or the Notes, in order to obtain the Loan, accomplish the Financing
Program and provide for the full, punctual and complete performance of all the terms, covenants
and agreements contained in the Loan Agreement, Notes and this Resolution, including the
execution of any necessary Tax Compliance Certificate and the execution and filing of any
necessary form or other document with the Internal Revenue Service with respect to any
Advance under the Tax-Exempt Note.
SECTION 8. SEVERABILITY OF INVALID PROVISIONS.
If any one or more of the provisions contained in this Resolution shall be held contrary to
any express provisions of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separable from
the remaining covenants, agreements or provisions and shall in no way affect the validity of any
of the other provisions of this Resolution or of the Loan Agreement or the Notes.
SECTION 9. REPEALING CLAUSE.
All resolutions or parts of such resolutions of the City in conflict with the provisions
contained in this Resolution are, to the extent of such conflict, superseded and repealed.
SECTION 10. EFFECTIVE DATE.
This Resolution shall become effective immediately upon adoption.
PASS ED AND ADOPTED this __ day ____ ,2012,
Mayor
Attest:
City Clerk
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MIAMI/4281905 .2
323
MIAMI/4281905.2
EXHIBIT
LOAN AGREEMENT
(including Notes)
A-1
324
LOAN AGREEMENT
This LOAN AGREEMENT (the "Agreement") is made and entered into as of
______ , 2012 (the "Closing Date"), and is by and between the City of Miami Beach,
Florida, a municipal corporation the State of Florida, and its successors and assigns (the
"Borrower"), and JPMorgan Chase Bank, N.A., and its successors and assigns, as holder(s) of the
hereinafter defined Notes (the "Bank").
The parties hereto, intending to be legally bound hereby and in consideration of the mutual
covenants hereinafter contained, DO HEREBY AGREE as follows:
ARTICLE I
DEFINITION TERMS
Section 1.0 1. Definitions. The words and terms used in this Agreement shall have the
meanings as set forth in the recitals above and the following words and terms as used in this
Agreement shall have the following meanings:
"Advance" means a borrowing of money under the Notes, pursuant to Section 5.03 hereof.
"Agreement" means this Loan Agreement and any and all modifications, alterations,
amendments and supplements hereto made in accordance with the provisions hereof.
"Authorized Individual" means any one of the individuals identified on Attachment B.
"Bond Counsel" means Squire Sanders (US) LLP or such other attorney-at-law or firm of
such attorneys having expertise in the legal aspects of the issuance of indebtedness by states and
political subdivisions thereof and acceptable to the Bank.
"Budgeted Revenues" means the Non-Ad Valorem Revenues budgeted and appropriated
pursuant to Section 3.06 hereof.
"Business Day" means any day except any Saturday or Sunday or day on which the
Principal Office of the Bank is lawfully closed.
"Code" means the Internal Revenue Code of 1986, as amended, and any Treasury
Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto.
"Costs" means, with respect to the Project, any lawful expenditure of the Borrower which
meets the further requirements of this Agreement.
"Essential Government Services" means the prov1s1on of public safety and general
governmental services by Borrower, the expenditures for which are set forth as the line items
entitled "General Government Expenditures" and "Public Safety Expenditures" as reflected in the
City of Miami Beach Statement of Revenues, Expenditures and Changes in Fund Balances -
Governmental Funds and as reported in the City's latest Comprehensive Annual Financial Report.
"Event of Default" means an Event of Default specified Article VI of this Agreement.
MIAMI/42819063
325
"Loan" means the loan by the to the Borrower contemplated hereby.
"Loan Amount" means, in the aggregate, $50,000,000 principal amount.
"Non-Ad Valorem Revenues" means in any fiscal year of the Borrower, all revenues
received by the Borrower such fiscal year that are not derived from ad valorem taxation.
"Notes" means the Borrower's Promissory Notes in the forms attached hereto as
Attachments A-1 and A-2.
"Notice Address" means,
As to the Borrower: As set forth on Attachment B
As to Bank: As set forth on Attachment B
or to such other address as party may have specified in writing to the other using the
procedures specified in Section 7.06.
"Principal Office" means, with respect to the Bank, the Notice Address, or such other
office as the Bank may designate to the Borrower writing.
"Project" means the capital improvements approved by the Mayor and City Commission of
the Borrower being financed by the Loan.
"State" means the State of Florida.
Compliance Certificate" means the Tax Compliance Certificate to be executed and
delivered concurrently with the first Advance, if any, under Tax-Exempt Note.
"Taxable Note" means Note attached hereto as Attachment
"Tax-Exempt Note" means the Note attached hereto as Attachment A-1.
Section 1.02. The titles and headings of the articles and sections of
this Agreement have been inserted for convenience of reference only and are not to be considered
a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and
shall not considered or given any effect in construing this Agreement or any provision hereof or
in ascertaining intent, if any question of intent should arise.
REPRESENTATIONS OF BORROWER
The Borrower represents and warrants to the Bank that:
Section 2.01. The Borrower is a municipal corporation in the State,
duly organized and validly existing under the laws of the State. The Borrower has power to
borrow the amount provided for in this Agreement, to execute and deliver the Notes and this
Agreement, to secure Notes in manner contemplated hereby and to perform and observe all
MIAMJ/42819063 2
326
the terms and conditions of the Notes and this Agreement on its part to be performed and
observed. The Borrower may lawfully borrow funds hereunder in order to pay Costs of
Project.
Section 2.02. Authorization of Loan. The Borrower had, has, or will have, as the case
may be, at all relevant times, full legal right, power, and authority to execute this Agreement, to
make the Notes, and to carry out and consummate all other transactions contemplated hereby, and
Borrower has complied and will comply with all provisions of applicable law in all material
matters relating to such transactions. Borrower has duly authorized the borrowing of the
amount provided for in this Agreement, the execution and delivery of this Agreement, the
making and delivery of the Notes to the and to end the Borrower warrants that it will
take all action and will do all things which it is authorized by law to take and to do in order to
fulfill all covenants on its part to be performed and to provide for and to assure payment of the
Notes. The Notes have been duly authorized, executed, issued and delivered to the Bank and
constitute legal, valid and binding obligations of the Borrower enforceable in accordance with the
terms thereof and the terms hereof, and are entitled to the benefits and security of this Agreement.
All approvals, consents, and orders of and filings with any governmental authority or agency
which would constitute a condition precedent to the issuance of the Notes or the execution and
delivery of or the performance by the Borrower of its obligations under this Agreement and the
Notes have been obtained or made any consents, approvals, and orders to received or
filings so made are in full force and effect.
Section 2.03. No Violation of Law or Contract. The Borrower is not in default in any
material respect under any agreement or other instrument to which it is a party or by which it may
be bound, the breach of which could result in a material and adverse impact on the financial
condition of the Borrower or the ability of the Borrower to perform its obligations hereunder and
under the Notes. The making and performing by the Borrower of this Agreement and the Notes
will not violate any applicable provision of law, and will not result in a material breach of any of
terms of any agreement or instrument to which Borrower is a party or by which the
Borrower is bound, the breach of which could result in a material and adverse impact on the
financial condition of the Borrower or the ability of the Borrower to perform its obligations
hereunder and under the Notes.
Section 2.04. Pending or Threatened Litigation. There are no actions or proceedings
pending against the Borrower or affecting the Borrower or, to the knowledge of the Borrower,
threatened, which, either in any case or in the aggregate, might result in any material adverse
change in the financial condition of the Borrower, or which questions the validity of this
Agreement or the Notes or of any action taken or to be taken in connection with the transactions
contemplated hereby or thereby.
Section 2.05. Financial Information. The financial information regarding the Borrower
furnished to Bank by the Borrower in connection with the Loan is accurate, and there has been
no material and adverse change in the financial condition of the Borrower from that presented in
such information.
MIAMI/4281906.3 3
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ARTICLE
COVENANTS THE BORROWER
Section 3.01. Affirmative Covenants. For so long as any of principal amount of or
interest on the Notes is outstanding or is available to be advanced hereunder or any duty or
obligation of the Borrower hereunder or under the Notes remains unpaid or unperformed, the
Borrower covenants to the Bank as follows:
(a) The Borrower shall pay the principal of and the interest on the Notes at
the time and place, and in the manner and from the sources provided herein and in the Notes.
(b) Use of Proceeds. Proceeds from the Notes will be used only to pay costs of the
Project and to pay closing costs of the Loan.
(c) Notice of Defaults. The Borrower shall within ten (l 0) days after it acquires
knowledge thereof, notify the Bank in writing at its Notice Address upon the happening,
occurrence, or existence of any Event of Default, and any event or condition which with the
passage of time or giving of notice, or both, would constitute an Event of Default, and shall
provide Bank with such written notice, a detailed statement by a responsible officer of the
Borrower of all relevant facts and the action being taken or proposed to be taken by the Borrower
with respect thereto.
(d) Maintenance of Existence. The Borrower will take all legal action necessary to
maintain its existence until all amounts due and owing from the Borrower to the Bank under this
Agreement and the Notes have been paid in full.
(e) Records. The Borrower agrees that any and all records of the Borrower with
respect to the Loan and the Project shall be open to inspection by the Bank or its representatives at
all reasonable times at the offices the Borrower.
(f) Notice of Liabilities. The Borrower shall promptly inform the Bank writing of
any actual or potential contingent liabilities or pending or threatened litigation of any amount that
could reasonably expected to have a material and adverse effect upon the financial condition of
the Borrower or upon the ability of the Borrower to perform its obligation hereunder and under the
Notes.
(g) Insurance. The Borrower shall maintain such liability, casualty and other insurance
as is reasonable and prudent for similarly situated governmental entities of the State of Florida.
(h) Compliance with Laws. The Borrower shall comply with all applicable federal,
state and local laws and regulatory requirements, the violation which could reasonably be
expected to have a material and adverse effect upon the financial condition of the Borrower or
upon the ability of the Borrower to perform its obligation hereunder and under the Notes.
(i) In event the Notes or this Agreement should be
subject to the excise tax on documents or the intangible personal property tax of the State, the
Borrower shall pay such taxes or reimburse the Bank for any such taxes paid by it.
MIAMl/4281906.3 4
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(j) Financial Information. The Borrower will cause an audit to be completed of its
books and accounts and shall furnish to the Bank audited year-end financial statements of the
Borrower together with a report by an independent certified public accountant acceptable to the
Bank stating without qualification unacceptable to the Bank that the audit was conducted
accordance with generally accepted auditing standards and stating that such financial statements
present fairly in all material respects the financial position of the Borrower and results of its
operations and cash flows for the periods covered by the audit report, all in conformity with
generally accepted accounting principles applied on a consistent basis. The Borrower shall adopt
an annual budget as required by law. The Borrower shall provide the owner of the Notes with (i) a
copy of its annual operating budget for each fiscal year ending after September 30, 2012 promptly
upon request therefor by the Bank, and (ii) its audited financial statements described above and its
comprehensive annual financial report (if one is prepared by the Borrower) for each fiscal year
ending on and after September 30, 2011 within 210 days after the end thereof.
(k) Proceeds of Bonds. Proceeds of bonds issued by the Borrower in connection with
any portion ofthe Project shall first be applied to repay the Advance(s) relating to such portion of
the Project.
Section 3.02. Additional Debt Payable from Non-Ad Valorem Revenues. For so long as
any of the principal amount of or interest on the Notes is outstanding or is available to be
advanced hereunder or any duty or obligation of the Borrower hereunder or under the Notes
unpaid or unperformed, the Borrower covenants to Bank that, without the prior
written consent of the Bank, Borrower shall not hereafter request any Advance hereunder or
incur any indebtedness payable from any Non-Ad Valorem Revenues (which includes any
increases in the outstanding amount under any line of credit or similar arrangement), other than
any Non-Ad Valorem Revenues accounted for in an enterprise fund under governmental
accounting principles ("Enterprise Revenues"), which could, but for such future indebtedness, be
lawfully used to pay principal of or interest on the Notes (any and all such indebtedness payable
from Non-Ad Valorem other than Enterprise Revenues, whether now existing or
incurred in the future, is referred to as "Competing Debt"), unless (i) the amount of Non-Ad
Valorem Revenues, other than Enterprise Revenues, if any, received by the Borrower during
fiscal of the Borrower most recently concluded prior to the date of such Advance or the
incurrence of such indebtedness for which audited financial statements are available, minus the
excess, if any, of the expenditures by the Borrower for Essential Government Services for such
fiscal year over the amount ad valorem taxes (other than any ad valorem taxes levied pursuant
to referendum approval by the electorate) received by the Borrower in such fiscal year, equals or
exceeds 200% of the maximum amount of principal and interest scheduled to be payable on
Notes (including the amount of the Advance being requested) and all Competing Debt (including
the proposed debt) during the then current or any future fiscal and (ii) an Authorized
Individual certifies in writing to the Bank that to the best of his or her knowledge no event has
occurred which would cause him or her to believe that the amount ofNon-Ad Valorem Revenues,
other than any Enterprise Revenues, to be received any future fiscal year minus the excess, if
any, of the expenditures by the Borrower for Essential Government Services for such fiscal
over the amount of ad valorem taxes (other than ad valorem taxes levied pursuant to
referendum approval by the electorate) received by the Borrower in such fiscal year, would be less
than 200% of the amount of principal and interest scheduled to be payable on the Notes and all
Competing Debt during such fiscal year. For purposes of calculating the foregoing, if any
indebtedness bears a rate of interest that is not fixed for the entire term of the debt (excluding any
M!AMI/4281906.3 5
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provisions that adjust the interest rate upon a change in tax law or in the tax treatment of interest
on the debt or upon a default), then the interest rate on such indebtedness shall be assumed to be
the highest of (i) the average rate of actual interest borne by such indebtedness during the most
recent complete month prior to the date of issuance of such proposed indebtedness, (ii) for tax-
exempt debt, The Bond Buyer Revenue Bond Index last published in the month preceding the date
of issuance of such proposed indebtedness plus one percent, (iii) for taxable debt, the on a
U.S. Treasury obligation with a constant maturity closest to but not before the maturity date of
such indebtedness, as reported in Statistical Release H.15 of the Federal Reserve on the last day of
the month preceding the date of issuance of proposed indebtedness, plus three percent,
provided that if Borrower shall have entered into an interest rate swap or interest rate cap or
shall have taken any other action which has the effect of fixing or capping the interest rate on such
indebtedness for the entire term thereof, then such fixed or capped rate shall used as the
applicable rate for the period of such swap or cap, and provided further that if The Bond Buyer
Revenue Bond Index or Statistical Release H.15 of the Federal Reserve is no longer available or
no longer contains the necessary data, such other comparable source of comparable data as
selected by the Bank shall be utilized in the foregoing calculations.
Nothing this Agreement limits the Borrower's ability to incur indebtedness payable
from Enterprise Revenues.
Section 3.03. Bank Fees and Expenses. The Borrower hereby agrees to pay the and
expenses of counsel to the Bank in connection with the issuance of the Notes in the amount of
$5,500.00, said amount to be due and payable upon the execution and delivery of this Agreement.
In addition, the Borrower will pay the Bank a (the "Unused Facility Fee") equal to
0.20% of the unfunded amount of the Loan, calculated on the basis of a 360 day year and the
actual number of days elapsed, payable in arrears as of last day of each March, June, September
and December, commencing December 31, 2012, and on the date on which this Agreement
terminates, subject in each case to a fifteen ( 15) day grace period.
Section 3.04. Registration and Exchange of Notes; Persons Treated as Banks. The Notes
arc owned by the Bank. The ownership of the Notes may only be transferred, and the Borrower
will transfer the ownership of the Notes, upon written request of the Bank specifying the name,
address and taxpayer identification number of the transferee, and the Borrower will keep a record
setting forth the identification of the owner of the Notes. The Bank will not transfer the Notes
except in compliance with all applicable laws and the Bank may only transfer both Notes to the
same transferee and at same time.
Section 3.05. Notes Mutilated, Destroyed, Stolen or Lost. In case a Note shall become
mutilated, or be destroyed, stolen or lost, the Borrower shall issue and deliver a new Note having
the same terms as the Note mutilated, destroyed, stolen or lost, in exchange and in substitution for
such mutilated Note, or in lieu and in substitution for the Note destroyed, stolen or lost and
upon the Bank furnishing the Borrower proof of ownership thereof and indemnity reasonably
satisfactory to the Borrower and paying such expenses as the Borrower may incur.
Section 3.06. Payrnent of Principal and Interest; Limited Obligation, The Borrower
promises that it will promptly pay the principal of and interest on the Notes at the place, on the
and in the manner provided therein, provided that the Borrower may be compelled to pay the
MIAMI/4281906.3 6
330
principal of and interest on the Notes solely from the Non-Ad Valorem Revenues budgeted and
appropriated for such purpose as provided herein, and nothing in Notes or this Agreement shall
be construed as pledging any other funds or assets of the Borrower to such payment. Nothing
herein shall, however, prevent the Borrower from using any lawfully available funds to pay its
obligations hereunder and under the Notes. The City pledges and grants a lien on the Budgeted
Revenues to secure the City's payment obligations hereunder and under the Notes. Except with
respect to the Budgeted Revenues, the covenant to budget and appropriate does not create a lien
upon or pledge of the Non-Ad Valorem Revenues. The Borrower is not and shall not be liable for
payment of the principal of and interest on the Notes or for the performance of any pledge,
obligation or agreement for payment undertaken by the Borrower hereunder or under the Notes
from any property other than the Budgeted Revenues. The Bank shall not have any right to resort
to legal or equitable action to require or compel the Borrower to make any payment required by
the Notes or this Loan Agreement from any source other than the Budgeted Revenues.
The Borrower covenants that, so long as Notes shall remain unpaid or any other amounts
are owed by the Borrower under this Agreement or the Notes, it will budget and appropriate in its
annual budget, by amendment, if required, from the Non-Ad Valorem Revenues, amounts
sufficient to pay the principal of and interest on the Notes and other amounts owed under this
Agreement as the same shall become due. In the event that the amount previously budgeted for
such purpose is ever insufficient to pay such principal and interest on the Notes and other amounts
owed under this Agreement, the Borrower covenants to take immediate action to amend its budget
so as to budget and appropriate an amount from the Non-Ad Valorem Revenues sufficient to pay
such debt service on the Notes and such other amounts. Such covenants to budget and appropriate
from Non-Ad Valorem Revenues shall be cumulative to the extent not paid and shall continue
until such Non-Ad Valorem Revenues sufficient to make all required payments have been
budgeted, appropriated and used to pay such debt service on the Notes and such other amounts.
The Bank and the Borrower acknowledge the existence of Section 166.241, Florida Statutes,
which prescribes budgetary process of the Borrower and which prohibits any expenditure or
contractual obligation therefor from being made or incurred except in pursuance of budgeted
appropriations.
Notwithstanding any provisions of this Agreement to the contrary, the Borrower shall not
be obligated to maintain or continue any of the activities of the Borrower which generate Non-Ad
Valorem Revenues. In addition, in any fiscal year of the Borrower, the Borrower may pay or
make provision for payment of expenses of providing Essential Government Services of the
Borrower due or coming due in such fiscal year from Non-Ad Valorem Revenues prior to being
required to use any Non-Ad valorem Revenues to pay amounts due hereunder and under the
Notes.
Any Non-Ad Valorem Revenues which are restricted by a contract in existence on the date
hereof from being used to pay principal and interest on the Notes shall not be subject to the
covenant to budget and appropriate. Any Non-Ad Valorem Revenues which are prohibited by a
general or special law of the State in existence on the date hereof from being used to pay principal
and interest on the Notes shall not be subject to the covenant to budget and appropriate. Any
source of Non-Ad Valorem Revenues which is created after the date hereof and which is
prohibited by a or special law of the State from being used to pay principal and interest on
the Notes shall not be subject to covenant to budget and appropriate.
MIAMI/4281906.3 7
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Section 3.07. Officers and Employees of the Borrower Exempt from Personal Liabilitv.
No recourse under or upon any obligation, covenant or agreement of this Loan Agreement or the
Notes or for any claim based hereon or thereon or otherwise in respect thereof, shall be had against
any officer (which includes elected and appointed officials), agent or employee, as such, of the
Borrower past, present or future, it being expressly understood (a) that the obligation of the
Borrower under this Agreement and under the Notes is solely a corporate one, limited as provided
in the preceding Section 3.06, (b) that no personal liability whatsoever shall attach to, or is or shall
be incurred by, the officers, agents, or employees, as such, of the Borrower, or any of them, under
or by reason of the obligations, covenants or agreements contained in this Agreement or implied
therefrom, and (c) that any and all such personal liability of, and any and all such rights and claims
against, every such officer, agent, or employee, as such, of the Borrower under or by reason of the
obligations, covenants or agreements contained in this Agreement and under the Notes, or implied
therefrom, are waived and released as a condition of, and as a consideration for, the execution of
Agreement and the issuance of the Notes on the part of the Borrower.
Section 3.08. Business Days. In any case where the due date of interest on or principal
the Notes is not a Business Day, then payment of such principal or interest need not be made on
such date but may be made on the next succeeding Business Day, provided that credit for
payments made shall not be given until the payment is actually received by the Bank.
Section 3.09. Tax Representations. Warranties and Covenants of the Borrower. The
Borrower agrees to comply with the provisions of the Tax Compliance Certificate, one 1s ever
executed.
IV
CONDITIONS LENDING
The obligations of the Bank to lend hereunder are subject to the following conditions
precedent:
Section 4.01. Representations and Warranties. The representations and warranties set
forth in this Agreement and the Notes are and shall be true and correct on and as of the date
hereof.
Section 4.02. No Default. On the date hereof the Borrower shall be in compliance with all
the terms and provisions set forth in this Agreement and the Notes on its to be observed or
performed, and no Event of Default nor any event that, upon notice or lapse of time or both, would
constitute such an Event of Default, shall have occurred and be continuing at such time.
Section 4.03. Supporting Documents. On or prior to the date hereof, the Bank shall have
received the following supporting documents, all of which shall be satisfactory in form and
substance to Bank (such satisfaction to be evidenced by the purchase of the Notes by the
Bank):
(a) The opinion of the City Attorney of the Borrower regarding the due authorization,
execution, delivery, validity and enforceability of this Agreement and the Notes;
MIAMI/42819063 8
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(b) The opmwn of Bond Counsel regarding validity and enforceability of the
Agreement and the Notes and exemption of the Notes from certain taxes imposed under the
laws of the State; and
(c) Such additional supporting documents as the Bank may reasonably request.
ARTICLE V
FUNDING LOAN
Section 5.01. The Loan. The Bank hereby agrees to loan to the Borrower the amount of
up to the Loan Amount to be evidenced by Notes to provide funds to finance the Costs of
Project upon the terrns conditions set forth in this Agreement and Notes. Each Note sets
forth the maximum principal amount which may be outstanding at any time thereunder. The
Borrower to repay the principal amount borrowed plus interest thereon, upon the terrns and
conditions set forth in this Agreement and the Notes.
Section 5.02. Description and Payment Terrns of the Notes. To evidence the Loan, the
Borrower shall issue and deliver to the Bank the Notes in the forms attached hereto as
Attachments A-1 and
Section 5.03. Advances on Notes.
(a) The Borrower may borrow from time to time up to the Loan Amount by requesting
Advances hereunder. Each Advance shall be for at least $250,000, provided that the initial
Advance on the Tax-Exempt Note shall be for at least $50,000, and no more than one Advance
may be requested in any month. Amounts advanced and repaid on the Notes may be re-advanced,
provided that after cumulative Advances of the Tax-Exempt Note equal $49,000,000, no further
Advance will be requested by Borrower thereon nor will the Bank have any obligation to fund
any such Advance, unless the Borrower and the Bank have on or prior to the date of such Advance
received an opinion of Bond Counsel to the effect that taking into account the fact that cumulative
advances will exceed $49,000,000, the interest on the Tax-Exempt Note will remain excluded
from gross income for federal income tax purposes and the Note is not an item of tax preference
under Section 57 ofthe Code.
(b) The Bank shall not be obligated to Advance any funds unless (i) no Event of
Default has occurred and is continuing, and (ii) the Borrower delivers to the Bank a written
request for such Advance the forrn of Attachment C, executed by an Authorized Individual,
indicating the amount of the Advance requested, the date on which such Advance is to be made
(which shall be not less than two Business Days after the date request is received by the
Bank) and stating that the representations and warranties of the Borrower contained herein are true
and correct as of such date. The Bank will not fund any Advance unless the conditions set forth
in (i) and (ii) above are satisfied, provided that the Bank may in its sole discretion waive any or all
such conditions.
(c) No Advance will be requested by the Borrower on the Tax-Exempt Note, and the
Bank will have no obligation to fund any such Advance, unless the Borrower and the Bank have
on or prior to the date of such Advance received an opinion of Bond Counsel to the effect that the
MIAM!/4281906.3 9
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interest on the Tax-Exempt Note is excluded from gross income for federal income tax purposes
and Note is not an item of tax preference under Section 57 of the Code.
(d) No Advance will be made unless the request for Advance is accompanied by a
certification signed by an Authorized Individual indicating that the Borrower has satisfied the
requirements of this Agreement and of any and all other agreement(s) binding upon the Borrower
that limit or condition Borrower's ability to incur indebtedness such as the Notes, and
including calculations demonstrating such compliance. As of the date of this Agreement, the
Borrower is also bound by covenants contained in certain loan agreements, dated as of August 1,
2001, with the City of Gulf Breeze, Florida and U.S. Bank National Association, as successor
Trustee.
VI
EVENTS OF DEFAULT
Section 6.01. An "Event of Default" shall be deemed to have occurred under this
Agreement if:
(a) The Borrower shall fail to make any payment of the principal of or interest on the
Loan when the same shall become due and payable; or
(b)
3.02; or
The Borrower does not comply with Section 3.0l(c), (d), (e), (f) or (j) or Section
(c) The Borrower shall default in the performance of or compliance with any term or
covenant contained in this Agreement and the Notes, other than a term or covenant a default in the
performance of which or noncompliance with which is elsewhere specifically dealt with, which
default or non-compliance shall continue and not be cured within thirty (30) days after (i) written
notice thereof to the Borrower by the Bank, or (ii) the Bank is notified of such noncompliance or
should have been so notified pursuant to the provisions of Section 3.0l(c) of this Agreement,
whichever is earlier; or
(d) Any representation or warranty made in writing by or on behalf of the Borrower in
this Agreement or the Notes shall prove to have been false or incorrect in any material respect on
the date made or reaffirmed; or
(e) The Borrower admits in writing its inability to pay its debts generally as they
become due or files a petition in bankruptcy or makes an assignment for the benefit of its creditors
or consents to the appointment of a receiver or trustee for itself; or
(f) The Borrower is adjudged insolvent by a court of competent jurisdiction, or it is
adjudged a bankrupt on a petition in bankruptcy filed by or against Borrower, or an order,
judgment or decree is entered by any court of competent jurisdiction appointing, without the
consent of the Borrower, a receiver or trustee of the Borrower or of the whole or any part of its
property, and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or
set aside or stayed within ninety (90) days from the date of entry thereof; or
MIAMI/4281906.3 10
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(g) The Borrower shall file a petition or answer seeking reorganization or any
arrangement under the federal bankruptcy laws or any other applicable law or statute of the United
States of America or the State; or
(h) The Borrower shall default in the due and punctual payment or performance of
covenants related to any other obligation for the payment of money to the Bank or any other
subsidiary or affiliate of any bank holding company of which the Bank is a subsidiary; or
(i) The Borrower shall default in the due and punctual payment of any Competing
Debt or an event of default exists with respect to any Competing Debt which results in the
acceleration of the time for payment of such debt or entitles the holder of such Competing to
accelerate the time for payment of such debt.
Section 6.02. Effect of Event of Default.
Except as otherwise provided in the Notes, immediately and without notice, upon the
occurrence of any Event of Default, the Bank may declare all obligations of the Borrower under
this Agreement and the Notes to be immediately due and payable without further action of any
kind and upon such declaration the Notes and the interest accrued thereon shall become
immediately due and payable. In addition, and regardless whether such declaration is or is not
made, the Bank may also seek enforcement of and exercise all remedies available to it under any
applicable law.
VII
MISCELLANEOUS
Section 7.01. No Waiver; Cumulative Remedies. No failure or delay on the part of the
Bank in exercising any right, power, remedy hereunder or under the Notes shall operate as a
waiver of the Bank's rights, powers and remedies hereunder, nor shall any single or partial
of any right, power or remedy preclude any other or further exercise thereof, or the
exercise of any other right, power or remedy hereunder or thereunder. The remedies herein and
therein provided are cumulative and not exclusive of any remedies provided by law or in equity.
Section 7.02. Amendments, Changes or Modifications to the Agreement. This Agreement
shall not be amended, changed or modified except in writing signed by Bank and the
Borrower. The Borrower agrees to pay all of the Bank's costs and reasonable attorneys' fees
incurred in modifying and/or amending this Agreement at the Borrower's request or behest.
Section 7.03. Counterparts. This Agreement may be executed any number of
counterparts, each of which, when so executed and delivered, shall be an original; but such
counterparts shall together constitute but one and the same Agreement, and, in making proof of
this Agreement, it shall not be necessary to produce or account for more than one such
counterpart.
Section 7.04. Severability. If any clause, provision or section of this Agreement shall be
held illegal or invalid by any court, the invalidity of such clause, provision or section shall not
affect any other provisions or sections hereof, and this Agreement shall be construed and enforced
to the end that the transactions contemplated hereby be effected and the obligations contemplated
MIAMI/42819063 11
335
hereby enforced, as if such illegal or invalid clause, provision or section had not been contained
herein.
Section 7.05. Except as otherwise specified in this Agreement, this
Agreement and all representations, warranties, covenants and agreements contained herein or
made in writing by the Borrower in connection herewith shall be in full force and effect from the
date hereof and shall continue in effect as long as the Notes are outstanding.
Section 7.06. Notices. All notices, requests, demands and other communications which
are required or may be given under this Agreement shall be writing and shall be deemed to have
been duly given when received if personally delivered; when transmitted if transmitted by
telecopy, electronic telephone line facsimile transmission or other similar electronic or digital
transmission method (provided customary evidence of receipt is obtained); the after it is sent,
if sent by overnight common carrier and five days after it is sent, if mailed, certified mail,
return receipt requested, postage prepaid. each case notice shall be sent to the Notice Address.
Section 7.07. Applicable Law; Venue. This Agreement shall be construed pursuant to and
governed by the substantive laws of the State. The parties waive any objection to venue in any
judicial proceeding brought in connection herewith lying in Miami-Dade County, Florida.
Section 7.08. Binding Effect; Assignment. This Agreement shall be binding upon and
inure to benefit of the successors in interest and permitted assigns of the parties. The Borrower
shall have no rights to assign any of its rights or obligations hereunder without the prior written
consent of the Bank.
Section 7.09. No Third Party Beneficiaries. It is the intent and agreement of the parties
hereto that this Agreement is solely for the benefit of the parties hereto and no person not a party
hereto shall have any rights or privileges hereunder.
Section 7.1 0. Attornevs Fees. To the extent legally permissible, the Borrower and the
Bank agree that in any suit, action or proceeding brought in connection with this Agreement or the
Notes (including any appeal(s)), the prevailing party shall be entitled to recover costs and
attorneys' fees from the other party.
Section 7 .11. Entire Agreement. Except as otherwise expressly provided, this Agreement
and the Notes embody the entire agreement and understanding between the parties hereto and
supersede all prior agreements and understandings relating to the subject matter hereof.
Attachments A-1, A-2, Band C hereto are a part hereof.
Section 7 .12. Further Assurances. The parties to this Agreement will execute and
deliver, or cause to be executed and delivered, such additional or further documents, agreements
or instruments and shall cooperate with one another in all respects for the purpose of out the
transactions contemplated by this Agreement.
Section 7.13. Waiver of Jurv Trial. This Section 7.13 concerns the resolution of any
controversies or claims between the Borrower and the Bank, whether arising contract, tort or by
statute, that arise out of or relate to this Agreement or the Notes (collectively a "Claim"). The
parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of
any Claim. This provision is a material inducement for the parties entering into this Agreement.
MIAMI/42819063 12
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Section 7.14. The Bank hereby notifies the Borrower that pursuant to the
requirements of the USA Patriot Act (Title III of Pub. 107-56 (signed into law October 26,
2001)), it is required to obtain, verify and record information that identifies the Borrower, which
information includes the name and address of the Borrower and other information that will allow
the Bank to identify the Borrower in accordance with such Act.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective
between them as of the date of first set forth above.
Attest
By: ----------------------------
Name: Rafael Granado
City Clerk
MIAMI/42!li906J
CITY OF MIAMI BEACH, FLORIDA
By: __________________________ _
13
337
Name: Matti Herrera Bower
Title: Mayor
JPMORGAN CHASE BANK, N.A.
By: ________________________ __
Name: Ralph Hildevert
Title: Authorized Officer
ATTACHMENT A-1
TAX-EXEMPT PROMISSORY NOTE
KNOW ALL MEN BY THESE PRESENTS that undersigned maker (the
"Borrower"), a municipal corporation created and existing pursuant to the Constitution and the
laws of the State of Florida, for value received, promises to pay from the sources hereinafter
provided, to the order of JPMorgan Chase Bank, N.A., or registered assigns (hereinafter, the
"Bank"), the principal sum of $49,000,000 or such amount as shall be outstanding
hereunder, together with interest on the principal balance outstanding at the rate per annum equal
to the Applicable Rate (hereinafter defined) (subject to adjustment as hereinafter provided) based
upon a year of 360 days for the actual number of days elapsed.
Principal of and interest on this Note are payable in immediately available funds
constituting lawful money of the United States of America at such place as the Bank may
designate to the Borrower.
The Applicable Rate is 74% of
0.85%.
sum of the LIBOR Rate (hereinafter defined) plus
The Borrower shall pay the Bank interest hereon arrears on the first Business Day (as
defined in Loan Agreement hereinafter defined) of each month, and the entire unpaid
principal balance hereof, together with all accrued and unpaid interest hereon, on ____ _
_ , 2014 (the "Maturity Date").
All payments by the Borrower pursuant to this Note shall apply first to accrued interest,
then to other charges due Bank, and balance thereof shall apply to the principal sum due.
As used in this Note,
(1) "Code" means the Internal Revenue Code of 1986, as amended, and any
Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or
applicable thereto;
(2) "Determination of Taxability" means interest on this Note is determined or
declared, by the Internal Revenue Service or a court of competent jurisdiction to be
includable in the gross income of the Bank for federal income tax purposes under the
Code, which determination or declaration become final and not subject to further
contest or appeal under applicable law.
(3) "Interest Period" means (a) the period commencing on the date of the
original issuance of this Note and ending on the day preceding the first Business Day of
the following month; and (b) thereafter, each period commencing on the first Business
Day of each month and ending on the day preceding the first Business Day of the
following month.
A-1-1
MlAMI/4281906.3
338
(4) "LIBOR Rate" means fluctuating rate of interest for U.S. dollar
deposits with a one month term, as reported on Reuters Screen LIBOROl page as of
11 :00 AM London time on the second London business day prior to the first date of each
Interest Period. If the foregoing rate is unavailable for any reason, then the rate shall
determined by the Bank from any other successor or substitute page of the Moneyline
Telerate or any other publication or interest rate reporting service of recognized
standing which provides rate quotations comparable to those currently provided on such
page, as determined by the Bank from time to time for purposes of providing quotations
of interest rates applicable to U.S. dollar deposits in the London interbank market.
(5) "Prime Rate" means a rate of interest equal to announced prime
commercial lending rate per annum of JPMorgan Chase Bank, N .A. The Prime Rate is a
reference rate for the information and use of the Bank in establishing the actual rate to
charged to the Borrower. The Prime Rate is purely discretionary and is not necessarily
the lowest or best rate charged any customer. The Prime Rate shall be adjusted from time
to time without notice or demand as of effective date of any announced change
thereof.
(6) "Taxable Rate" means a rate equal to Prime times that percentage
which after the Determination of Taxability will result in the same federal after-tax yield
to the Bank as before said Determination of Taxability.
In the event a Determination of Taxability shall have occurred, the rate of interest on this
Note shall be increased to Taxable Rate, effective retroactively to the date on which the
interest payable on this Note is includable for federal income tax purposes in the gross income of
the Bank. In addition, the Bank shall be paid an amount equal to any additions to tax, interest
and penalties, and any arrears in interest that are required to be paid to the United States of
America by the Bank as a result of such Determination of Taxability. All such additional
interest, additions to tax, penalties and interest shall be paid by Borrower within sixty (60)
days following the Determination of Taxability and demand by the Bank.
In the alternative, in the event that interest on this Note during any period becomes
partially taxable as a result of a Determination of Taxability applicable to less than all of this
Note, then interest rate on this Note shall be increased during such period by an amount equal
to: (A-B) x C where:
(A)
(B)
"A" equals
"B" equals
Taxable Rate (expressed as a percentage);
interest rate on this Note (expressed as a percentage); and
(C) "C" equals the portion of this Note the interest on which has become
taxable as the result of such tax change (expressed as a decimal).
In addition, the Bank shall be paid an amount equal to any additions to tax, interest and penalties,
and any arrears in interest that are required to be paid to the United States of America by the
Bank as a result of such Determination of Taxability. All such additional interest, additions to
tax, penalties and interest shall be paid by the Borrower within sixty ( 60) days following the
Determination of Taxability and demand by Bank.
A-1
MIAMl/4281906.3
339
In the event that the maximum effective federal corporate tax rate (the "Maximum
Corporate Tax Rate") during any period with respect to which interest shall be accruing on this
Note on a tax-exempt basis, changes from the Maximum Corporate Tax Rate then in effect,
which causes a reduction in yield on Note, the interest rate on this Note that is bearing
on a tax-exempt basis shall be adjusted to the product obtained by multiplying the
Applicable Rate then in effect by a fraction equal to (1 divided by 1-B), where A equals the
Maximum Corporate Tax Rate effect as of the date of adjustment and B equals the Maximum
Corporate Tax Rate in effect on the date ofthe original issuance of this Note.
So long as any portion of the principal amount of this Note or interest hereon remains
unpaid (a) if any law, rule, regulation or executive order is enacted or promulgated by any
federal or Florida public body or governmental agency which changes the basis of taxation of
interest on this Note or causes a reduction in yield on this Note (other than by reason of a change
described above) to the Bank, including without limitation imposition of any excise tax or
surcharge thereon, or (b) if, as result of action by any federal or Florida public body or
governmental agency, any payment is required to be made by, or any federal, Florida state or
Florida local income tax deduction is denied to, the Bank (other than by reason of a change
described above or by reason of any action or failure to act on the part of the Bank), by reason of
the ownership of this Note, Borrower shall reimburse the Bank within five (5) days after
receipt by the Borrower of written demand for such payment, and, to the extent permitted by law,
the Borrower agrees to indemnify the Bank against any loss, cost, charge or expense with respect
to any such change. The determination of the after-tax yield calculation shall be calculated by
the Bank, and such calculation, in the absence of manifest error, shall be binding on the
Borrower and the Bank.
The principal of and interest on this Note may be prepaid at the option of the Borrower in
whole or in part, on the first Business Day of each month, without prepayment premium or
penalty.
Upon the occurrence of an Event of Default (as defined the Loan Agreement) then the
Bank may declare the entire debt then remaining unpaid hereunder immediately due and payable;
and in any such default and acceleration, the Borrower shall also obligated to pay (but only
from the Budgeted Revenues) as part of the indebtedness evidenced by this Note, all costs of
collection and enforcement hereof, including such fees as may be incurred on appeal or incurred
in any proceeding under bankruptcy laws as they now or hereafter exist, including specifically
but without limitation, claims, disputes and proceedings seeking adequate protection or relief
from the automatic stay.
Any amount payable to the Bank hereunder which is not paid when due shall bear '"1-'",."""t-
at Default For purposes of this Note, "Default Rate" means the higher of (1) the Prime
Rate plus 4% and (2) the Adjusted One-Month LIBOR Rate plus 4%. "Adjusted One-Month
LIBOR Rate" means the sum of 2.50% plus the quotient of (a) the LIBOR Rate on the
immediately preceding London business day for U.S. dollar deposits with a one month term,
divided by (b) one minus the "Reserve Requirement" applicable to U.S. dollar deposits in the
London interbank market with a maturity equal to one month. The Default Rate shall be
determined as of the day immediately following the date on which any amount payable to the
Bank hereunder is not paid when due.
A-1-3
MIAMI/4281906.3
340
Anything provided herein or in this Note to the contrary notwithstanding, in no event
shall Note bear interest in excess of the Maximum Rate (hereinafter defined). In the event
the interest rate exceeds Maximum Rate, this Note shall continue to bear interest at the
Maximum Rate regardless of the reduction of the interest rate to a rate than the Maximum
Rate until such time as interest shall accrue on this Note in an amount (the "Excess Interest") that
would have accrued hereon had the interest rate not been limited by the Maximum Rate. Upon
the Maturity Date, in consideration for the limitation of the rate of interest otherwise payable on
this Note, the Borrower shall pay to the Bank a fee equal to the amount of unpaid amount of
all unpaid deferred Excess Interest.
"Maximum Rate" means the maximum rate of interest permitted for non-rated
governmental bonds as set forth in Section 215.84(3), Florida Statutes, as may be amended from
time to time.
The Borrower to the extent permitted by law hereby waives presentment, demand, protest
and notice of dishonor.
THIS NOTE AND THE INTEREST HEREON DOES NOT AND SHALL NOT
CONSTITUTE A GENERAL INDEBTEDNESS OF THE BORROWER BUT SHALL BE
PAYABLE SOLELY FROM THE MONEYS AND SOURCES DESIGNATED THEREFOR
PURSUANT TO THE LOAN AGREEMENT. NEITHER THE FAITH AND CREDIT NOR
ANY AD VALOREM TAXING POWER OF THE BORROWER IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS NOTE OR OTHER COSTS
INCIDENTAL HERETO.
This Note is issued in conjunction with a Loan Agreement, dated of even date herewith
between the Borrower and the Bank (the "Loan Agreement") and is subject to all the terms and
conditions the Loan Agreement. Pursuant to the Loan Agreement, the Borrower may request
Advances from time to from the Bank hereunder, provided that the outstanding principal
amount at any time under this Note shall not exceed the principal sum set forth in the first
paragraph hereof, and provided that amounts borrowed and repaid may be re-borrowed
hereunder as provided in the Loan Agreement.
All terms, conditions and provisions of Resolution No. adopted by the Mayor
and City Commission of the Borrower and Loan Agreement are by this reference thereto
incorporated herein as a part of this Note. Terms used in capitalized form and not
otherwise defined herein shall have the meanings ascribed thereto in Loan Agreement.
This Note is payable solely from and is secured by a lien upon and pledge of the
"Budgeted Revenues" as described the Loan Agreement. Notwithstanding any other provision
of this Note, the Borrower is not and shall not be liable for the payment of the principal of and
interest on this Note or otherwise monetarily liable in connection herewith :from any property
other than the Budgeted Revenues.
This Note may be exchanged or transferred but only as provided the Loan Agreement.
A-1-4
MlAMI/4281906.3
341
It is hereby certified, recited and declared all acts, conditions and prerequisites
required to exist, happen be performed precedent to and in the execution, delivery and the
issuance of this Note do exist, have happened and have been performed in due time, form and
manner as required by law, and that the issuance of this Note is in full compliance with and does
not exceed or violate any constitutional or statutory limitation.
IN WITNESS WHEREOF, the Borrower has caused this Note to be executed in its name
as of date hereinafter set forth.
The date of this Promissory Note is ______ , 2012.
A-1-5
M!AMI/4281906.3
342
CITY OF MIAMI BEACH, FLORIDA
By:
Name: Matti Herrera Bower
Title: Mayor
AfTACHMENT A-2
TAXABLE PROMISSORY NOTE
KNOW ALL MEN BY THESE PRESENTS that the undersigned maker (the
"Borrower"), a municipal corporation created and existing pursuant to the Constitution and the
laws of the State of Florida, for value received, promises to pay from the sources hereinafter
provided, to order of JPMorgan Chase Bank, N.A., or registered assigns (hereinafter, the
"Bank"), the principal sum of $1,000,000 or such lesser amount as shall be outstanding
hereunder, together with interest on principal balance outstanding at the rate per annum equal
to Applicable Rate (hereinafter defined) based upon a year of 360 days for actual number
of days elapsed.
Principal of and interest on this Note are payable in immediately available funds
constituting lawful money of the United States of America at such place as the Bank may
designate to the Borrower.
The Applicable Rate is the sum of the LIB OR Rate (hereinafter defined) plus 0.85%.
The Borrower shall pay the Bank interest hereon in arrears on the first Business Day (as
defined in the Loan Agreement hereinafter defined) of month, and the entire unpaid
principal balance hereof, together with all accrued and unpaid interest hereon, on ____ _
_ , 2014 (the "Maturity Date").
All payments by the Borrower pursuant to this Note shall apply first to accrued interest,
then to other charges due the Bank, and the balance thereof shall apply to the principal sum due.
"LIBOR Rate" means the fluctuating rate of interest for U.S. dollar deposits with a one
month term, as reported on Reuters Screen LIBOROl page as of 11:00 AM London time on the
second London business day prior to the first date of each Interest Period. If the foregoing rate is
unavailable for any reason, then the rate shall be determined by the Bank from any other
successor or substitute page of Moneyline Telerate Service or any other publication or
interest rate reporting service recognized standing which provides rate quotations comparable
to those currently provided on such page, as determined by the Bank from time to time for
purposes of providing quotations of interest rates applicable to U.S. dollar deposits in the London
interbank market.
"Interest Period" means (a) the period commencing on the date ofthe original issuance of
this Note and ending on the day preceding the first Business Day of the following month; and (b)
thereafter, each period commencing on the first Business Day of each month and ending on the
day preceding the first Business Day of the following month.
The principal of and interest on this Note may be prepaid at the option of the Borrower in
whole or in part, on the first Business Day of each month, without prepayment premium or
penalty.
A-2-1
MIAMI/42819063
343
Upon the occurrence of an Event of Default (as defined in the Loan Agreement) then
Bank may the debt then remaining unpaid hereunder immediately due and payable;
and in any such default and acceleration, the Borrower shall also be obligated to pay (but only
from Budgeted Revenues) as part of the indebtedness evidenced by this Note, all costs of
collection and enforcement hereof, including such fees as may be incurred on appeal or incurred
in any proceeding under bankruptcy laws as they now or hereafter exist, including specifically
but without limitation, claims, disputes and proceedings seeking adequate protection or relief
from the automatic stay.
Any amount payable to the Bank hereunder which is not paid when due shall bear interest
at the Default Rate. For purposes of this Note, "Default Rate" means the higher of (1) the Prime
Rate plus 4% and (2) the Adjusted One-Month LIBOR Rate plus 4%.
"Prime Rate" means a rate of interest equal to the announced prime commercial lending
rate per annum of JPMorgan Chase Bank, N.A. The Prime Rate is a reference rate for the
information and use of the Bank in establishing the actual rate to be charged to the Borrower.
The Prime Rate is purely discretionary and is not necessarily the lowest or best rate charged any
customer. The Prime Rate shall be adjusted from time to time without notice or demand as of
the effective date of any announced change thereof.
"Adjusted One-Month LIBOR Rate" means the sum of 2.50% plus the quotient of (a) the
LIBOR Rate on the immediately preceding London business day for U.S. dollar deposits with a
one month term, divided by (b) one minus the "Reserve Requirement" applicable to U.S. dollar
deposits in the London interbank market with a maturity equal to one month. The Default Rate
shall be determined as of the day immediately following the date on which any amount payable
to the hereunder is not paid when due.
Anything provided herein or in this Note to the contrary notwithstanding, in no event
shaH this Note bear interest in excess of the Maximum Rate (hereinafter defined). In the event
the interest rate exceeds the Maximum Rate, this Note shall continue to bear interest at the
Maximum Rate regardless of the reduction of the interest rate to a rate less than the Maximum
Rate such time as interest shall accrue on this Note in an amount (the "Excess Interest") that
would have accrued hereon had the interest rate not been limited by the Maximum Rate. Upon
the Maturity Date, in consideration for the limitation of the rate of interest otherwise payable on
this Note, the Borrower shall pay to the Bank a equal to the amount of the unpaid amount of
all unpaid deferred Excess Interest.
"Maximum Rate" means the maximum rate of interest permitted for non-rated
governmental bonds as set forth Section 215.84(3), Florida Statutes, as may be amended from
time to time.
The Borrower to the extent permitted by law hereby waives presentment, demand, protest
and notice of dishonor.
THIS NOTE AND INTEREST HEREON DOES NOT AND SHALL NOT
CONSTITUTE A GENERAL INDEBTEDNESS OF THE BORROWER BUT SHALL BE
PAY ABLE SOLELY FROM THE MONEYS AND SOURCES DESIGNATED THEREFOR
A-2-2
MIAMI/42819063
344
PURSUANT TO LOAN AGREEMENT. THE FAITH AND CREDIT NOR
ANY AD VALOREM TAXING POWER OF THE BORROWER IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON NOTE OR OTHER COSTS
INCIDENTAL HERETO.
This Note is issued in conjunction with a Loan Agreement, dated of even date herewith
between the Borrower and the Bank (the "Loan Agreement") and is subject to all the terms and
conditions of the Loan Agreement. Pursuant to the Loan Agreement, the Borrower may request
Advances from time to time from the Bank hereunder, provided that the outstanding principal
amount at any time under this Note shall not exceed the principal sum set forth in first
paragraph and provided that amounts borrowed and may be re-borrowed
hereunder.
All terrns, conditions provisions of Resolution No. adopted by the Mayor
and City Commission of the Borrower and the Loan Agreement are by this reference thereto
incorporated as a part of this Note. Terms used herein in capitalized form and not
otherwise defined herein shall have the meanings ascribed thereto in the Loan Agreement.
This Note is payable solely from and is secured by a lien upon and pledge of the
"Budgeted Revenues" as described the Loan Agreement. Notwithstanding any other provision
of this Note, the Borrower is not and shall not be liable for the payment of the principal of and
interest on this Note or otherwise monetarily liable in connection herewith from any property
other than the Budgeted Revenues.
This Note may exchanged or transferred but only as provided in the Loan Agreement.
It is hereby certified, recited and declared that all acts, conditions and prerequisites
required to exist, happen and be performed precedent to and the execution, delivery and the
issuance of this Note do exist, have happened and have been perforrned in due time, form and
manner as required by law, and that the issuance of this Note is in full compliance with and does
not exceed or violate any constitutional or statutory limitation.
IN WITNESS WHEREOF, the Borrower has caused this Note to be executed in its name
as of the date hereinafter set forth.
The date of this Promissory Note is _____ _
A-2-3
MIAMI/4281906.3
345
, 2012.
CITY OF MIAMI BEACH, FLORIDA
By:
Name: Matti Herrera Bower
Title: Mayor
1. Authorized Individual(s):
ATTACHMENT B
Patricia D. Walker, Chief Financial Officer
Georgina Echert, Assistant Finance Director
2. Notice Address of Borrower: City of Miami Beach, Florida
3. Notice Address of Bank:
MlAMl/428!906.3
1700 Convention Center Drive
3rd Floor
Miami Beach, Florida 33139
Attention: Chief Financial Officer
JPMorgan Chase Bank, N.A.
1450 Brickell Avenue
33rd Floor
Miami, Florida 33131
Attention: Ralph Hildevert, Vice President
B-1
346
ATTACHMENT C
REQUEST FOR ADVANCE
To: JPMorgan Chase Bank, N.A.
From: City of Miami Beach, Florida
Amount of Advance on Tax-Exempt Note:
Amount of Advance on Taxable Note: "'----------
Date of Advance: -----------
Purpose of Advance (description and amount):
The above-named Borrower requests an Advance under the Loan Agreement and Promissory
Note identified above in the amount set forth above. The representations and warranties of the
Borrower contained in the Loan Agreement are true and correct as of the date hereof.
Attached hereto are the showings, if any, required by Section 5.03 of the Loan Agreement,
including the opinion(s) of Bond Counsel required thereunder.
Proceeds of the Advance should be wired as follows:
CITY OF MIAMI BEACH, FLORIDA
By:
Name: ___________________ _
Title:
MIAMI/42819063 C-1
347
348
I
R9 -New Business and Commission Requests
R9A Discussion Regarding Update On The Negotiations With Former City Manager Jorge
Gonzalez.
(City Attorney's Office)
350
Agenda Item
Date
IS LAN
351
::0 c
)>
REDEVELOPMENT AGENCY ITEM SUMMARY
Condensed Title:
A resolution of the Chairperson and Members of the Miami Beach Redevelopment Agency, adopting and
appropriating the Miami Beach Redevelopment Agency Capital Budget for Fiscal Year (FY) 2012/13 and
adopting the Capital Improvement Plan for FY 2012/13-2016/17
Key Intended Outcome Supported:
Ensure well designed quality capital projects --Increase Community Satisfaction with City Services
Supporting Data (Surveys, Environmental Scan~ etc.): Based on the 2012 community survey, recently
completed capital projects were highly rated by both residents and businesses. In the 2012 survey, arts
and culture were identified as services the city should strive not to reduce; and availability of public parking,
was one of the factors identified as key drivers of overall satisfaction levels.
Issue:
Should the Chairperson and Members of the Miami Beach Redevelopment Agency (RDA), adopt and
appropriate the Miami Beach Redevelopment Agency Capital Budget for FY 2012/13 and adopt the Capital
Improvement Plan for FY 2012/13 through 2016/17?
Item Summary/Recommendation:
The CIP was created as a plan for projects that require significant capital investment and is intended to
serve as an official statement of public policy regarding long-range physical development in the City of
Miami Beach and the Miami Beach RDA, establishing priorities for the upcoming five year period, FY
2012/13-2016/17. The first year of the CIP is recommended for approval as the FY 2012/13 Capital
Budget.
The Proposed City Center RDA Capital Budget for FY 2012/13 therefore totals $14,943,000 and the
Proposed FY 2012/13 Capital Budget for the RDA Anchor Garage totals $539,660. The FY 2012/13
proposed Capital Budget includes appropriations for the construction of the Collins Park Garage; the
Collins Canal enhancement project; Lincoln Road landscaping; Collins Canal seawall repair; improvements
to Euclid Avenue; aluminum streetlight replacement; and a reserve for potential improvements to Euclid
Avenue.
Advisory Board Recommendation:
On July 9 and August 22, the Proposed Capital Budget and updated Capital Improvement Plan were
discussed at meetings of the Finance and Citywide Projects Committee and the proposed Capital Budget
and CIP reflects the funding recommendations from that meeting.
Financial Information:
Source of
Funds:
Amount
14,943,000
$ 539,660
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
T:\AGENDA\2012\9-27-12\RDA Capital Budget Summary.doc
MIAMI BEACH 353
Account
Center RDA
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Chairperson Matti Herrera Bower and Members of the Miami Beach
Redevelopment Agency
FROM: Kathie G. Brooks, Interim City Manage~
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY, ADOPTING AND APPROPRIATING THE
MIAMI BEACH REDEVELOPMENT AGENCY CAPITAL BUDGET FOR FISCAL
YEAR (FY) 2012/13 AND ADOPTING THE CAPITAL IMPROVEMENT PLAN FOR
FY 2012/13-2016/17
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Planning for capital improvements is an ongoing process; as needs change within the City's
Redevelopment District ("RDA"), capital programs and priorities must be adjusted. The Capital
Improvement Plan ("CIP") serves as the primary planning tool for systematically identifying,
prioritizing and assigning funds to critical City and RDA capital development, improvements and
associated needs.
The RDA capital improvement plan process began in the spring when all departments are
asked to prepare capital improvement updates and requests on the department's ongoing and
proposed capital projects. Individual departments prepare submittals identifying potential
funding sources and requesting commitment of funds for their respective projects. The
proposed document is reviewed by the City Manager, and upon approval, is submitted to the
Finance and Citywide Projects Committee and the City Commission/Redevelopment Agency
Board for final approval and adoption.
The CIP was created as a plan for projects that require significant capital investment and is
intended to serve as an official statement of public policy regarding long-range physical
development in the City of Miami Beach. The CIP specifies and describes the City's capital
project plan and establishes priorities for the upcoming five year period.
Individual projects within neighborhood areas have been combined to create "packages" of
projects that address the neighborhood needs for infrastructure upgrades, traffic flow,
enhancements, etc. This comprehensive approach minimizes disruptions and generates costs
savings. The projects address many needs in different areas of the City including:
neighborhood enhancements such as landscaping, sidewalk restoration, traffic calming,
lighting, parking, water and sewer system improvements, drainage improvements and roadway
resurfacing/reconstruction; park renovation and upgrades; and construction or renovation of
public facilities.
354
City Commission Memorandum
Resolution Adopting FY 2012113 Capital Budget and FY 2012113-2016/17 CIP for the RDA
September 27, 2012
Page2
The Administration is presenting the proposed FY 2012/13 Capital Budget and the updated CIP
for FY 2012/13-2016/17, following a comprehensive review of the CIP to insure that the Plan
accurately reflects all project budgets, funding sources and commitments, for adoption by the
City Commission.
ANALYSIS
Capital Improvement Plan
The FY 2012/13-2016/17 CIP for the City of Miami Beach and the RDA is a five year plan for
public improvements and capital expenditures by the City and the RDA. This document is an
official statement of public policy regarding long-range physical development in the City of
Miami Beach and the RDA. The approved Capital Improvement Plan has been updated to
include projects that will be active during FY 2012/13-2016/17.
The Plan has been updated to include additional funding sources that have become available,
changes in project timing, and other adjustments to ongoing projects as they have become
better defined. Certain adjustments have been made to reflect projects that have been
reconfigured, re-titled, combined with or separated from other projects and/or project groupings
and are the result of a comprehensive review of the program to insure that our plan accurately
reflects all project budgets, funding sources and commitments.
Available Capital Funding
Based on the 2012 Certified Taxable Value of the City Center Redevelopment Area (RDA),
property values have risen 5.4% for FY 2012/13. Based on the tentatively adopted millage rate
of 6.0909 mills, which is a reduction from 6.1655 in FY 2011/12. Net of operating costs, the
RDA will generate $14.9 million in available funding for capital projects in the City Center RDA.
In addition, the Anchor Garage and Retail has approximately $14.3 million in available funding
for capital projects.
Proposed RDA Capital Budget
The City Center RDA FY 2012/13 renewal and replacement projects total $219,373, with an
additional $485,488 for Miami City Ballet. In addition, the City Center RDA FY 2012/13
proposed Capital Budget includes $14,943,000 in funding for the construction of the Collins
Park Garage, the Collins Canal enhancement project, Lincoln Road landscaping, Collins Canal
seawall repair, aluminum streetlight replacement and a reserve for potential improvements to
Euclid Avenue. The Anchor Shops and Parking Garage Fund, which is separate because it is
not part of the Tax increment funding of the RDA, has FY 2012/13 renewal and replacement
needs totaling $539,660. Of note, a significant review of projects for closeout was completed in
FY 2011/12.
CONCLUSION:
The Administration recommends adoption of the attached Resolution, which establishes the
Capital Budget for the RDA for FY 2012/13 and the Capital Improvement Program for FY
2012/13-2016/17.
KGB/TF/GH
T:\AGENDA\2012\9-27 -12\RDA Capital budget memo.doc
355
RESOLUTION NO.-----
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY, ADOPTING AND APPROPRIATING
THE MIAMI BEACH REDEVELOPMENT AGENCY CAPITAL BUDGET FOR
FISCAL YEAR (FY) 2012/13 AND ADOPTING THE CAPITAL
IMPROVEMENT PLAN FOR 2012/13 THROUGH 2016/17.
WHEREAS, the 2012/13-2016/17 Capital Improvement Plan (CIP)forthe Miami Beach
Redevelopment Agency (RDA) is a five year plan for public improvements and capital expenditures
by the RDA; and
WHEREAS, this document is an official statement of public policy regarding long-range
physical development in the City of Miami Beach; and
WHEREAS, the Proposed Capital Budget for FY 2012/13 itemizes project funds to be
committed during the upcoming fiscal year detailing expenses for project components which include
architect and engineer, construction, equipment, Art in Public Places, and other project costs; and
WHEREAS, on July 9, 2012 and August 22nd, 2012 funding needs for the FY 2012/13
Proposed Capital Budget and CIP were discussed at a meeting of the City of Miami Beach Finance
and Citywide Projects Committee and the funding recommendations are reflected; and
WHEREAS, the proposed RDA Capital Budget for FY 2012/13 totals $14,943,000,
including $705,000 to Renewal and Replacement projects; and
WHEREAS, the proposed Anchor Garage Capital Budget for FY 2012/13 totals $539,660
and
WHEREAS, a copy of the proposed projects to be appropriated with the FY 2012/13
Capital Budget is provided in Attachment "A" hereto; and
WHEREAS, a summary of the RDA CIP for FY 2012/13 through 2016/17 is provided in
Attachment "B" hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRPERSON AND MEMBERS OF THE
MIAMI BEACH REDEVLOPMENT AGENCY, that the Chairperson and Members hereby adopt and
appropriate, the Miami Beach RDA Capital Budget for FY 2012/13 and the CIP for FY 2012/13
through 2016/17.
PASSED AND ADOPTED THIS 27TH DAY OF SEPTEMBER, 2012.
Attest:
SECRETARY
T:\AGENDA\2012\9-27-12\RDA Capital budget reso.doc
356
CHAIRPERSON
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
. (_ q ( l < i (LJ
w CJ'I ....... Attachment A FY 2012/13 Capital Budget -RDA Program Area Total Proposed Appropriations as of9/27/12 $15,482,660 2012/13 d Landscaping FY15 In Road Landscaping FY16 -• •ncoln Road Landscaping FY17 -Lincoln Road Uplighting Replacement iami City Ballet Emergency Light Replacement iami City Ballet Concrete Restoration iami City Ballet fire alarm System iami City Ballet Window Replacement -Reserve, Euclid Ave Imp at Lincoln Road eawall, Botanical Garden/Collins Canal Subtotal Total Proposed Appropria $15,
w CJ'I 00 Attachment B Proqram Area 2016/17 Future
MIAMI BEACH REDEVELOPMENT AGENCY ITEM SUMMARY
Condensed Title:
A Resolution of the Chairperson and Members of the Miami Beach Redevelopment Agency adopting and appropriating
the operating budgets for the City Center Redevelopment Area, the Anchor Shops and Parking Garage and the
Pennsylvania Avenue Shops and Garage for Fiscal Year 2012/13.
Key Intended Outcome Supported:
Improve the City's overall financial health and maintain overall bond rating
~upporting Data (Surveys, Environmental Scan, etc.):
One of the City's Key Intended Outcomes is to ensure well designed and well maintained capital projects and
infrastructure. In keeping with this goal, approximately 53 percent or $19.5 Million of the proposed Budget for City
Center is being allocated towards capital expenditures including new capital projects, renewal and replacement, and
maintenance of existing RDA capital infrastructure.
Issue:
Item Summary/Recommendation:
The proposed budget for the City Center Redevelopment Area for Fiscal Year 2012/13 has been prepared to coincide
with the overall City budget process, and is being presented to assist in providing a comprehensive overview of the
district Additionally, the revenues and expenses associated with the operations of the Anchor Shops and Parking
Garage as well as the Pennsylvania Avenue Shops and Garage are presented as separate schedules so as to eliminate
any perception that proceeds from the Facility's operations are pooled with TIF and other Trust Fund revenues. As in
previous years, the City has received correspondence from the County, advising of the finalization of the tax roll for the
prior year, which in the case of FY 2010/11, reflects a sizeable decrease from the preliminary valuation for the same
year and will result in a corresponding adjustment/reduction in Tl F revenues totaling $3.5 Million. In order to address the
existing and future obligations of the Redevelopment Area, it is recommended that the Redevelopment Agency adopt
the attached Resolution which establishes the operating budgets for the City Center Redevelopment Area, the Anchor
Shops and Parking Garage and the Pennsylvania Avenue Shops and Garage for FY 2012/13.
Adviso Board Recommendation:
N.A.
Financial Information:
Source of
Funds:
Financial Impact Summary:
1,499,000
Cit Clerk's Office legislative Tracking:
Kent Bonde, Laura Aker and Kathie Brooks
TF
Budget
Director
GENDA\2012\sep27\Regular\RDA Budget.SUM.doc
Account
Center Redevelopment Area Fund
Anchor Shops and Parking Garage Operations
Pennsylvania Avenue Shops and Garage Operations
359
AGENDA ITEM
DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
REDEVELOPMENT AGENCY MEMORANDUM
TO: Chairperson and Members of the Miami Beach Redevelopment Agency
FROM: Kathie Brooks, Interim Executive Director
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY, ADOPTING AND APPROPRIATING THE OPERATING
BUDGETS FOR THE CITY CENTER REDEVELOPMENT AREA~THE ANCHOR SHOPS
AND PARKING GARAGE AND THE PENNSYLVANIA AVENUE SHOPS AND GARAGE
FOR FISCAL YEAR 2012/13.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The proposed budget for the City Center Redevelopment Area (RDA) for Fiscal Year 2012/13 has
been prepared to coincide with the overall City budget process, and is being presented today to
assist in providing a comprehensive overview of the district. Please refer to Attachment A for the
proposed budget details.
The attached budget reflects a small reduction in Tax Increment (TIF) revenue from the Proposed
Budget Book distributed on September 7, 2012 by LTC# 230-2012, as result of the Commission's
action to reduce the Operating Millage from 6.1122 to 6.0909 at the first public hearing on
September 12, 2012.
Revenues
Based on the 2012 Certificate of Taxable Value from the Property Appraiser's Office, the preliminary
value of property in City Center is actually projected to increase by 5.4% over 2011, marking the
second year in a row; values seem to be back on the rise, following two years of decline. However,
as in previous years, the City has received correspondence from the County, advising of the
finalization of the tax roll for the prior year, which in the case of FY 2010/11, reflects a sizeable
decrease from the preliminary valuation for the same year and will result in a corresponding
adjustment/reduction in TIF revenues totaling $3.5 Million. Further the revised valuation for the
January 1, 2012 values increased from the Miami-Dade County Property Appraiser July 1, 2012,
reflects a decrease of 9% from the valuation received July 1, 2011. Thus a significant
adjustment/reduction can also be expected for FY2012/13.
Additional sources of revenue include an estimated $4.6 Million in Resort Tax contributions; a Y2 mill
levy in the amount of $1.5 Million, to be set aside for the Children's Trust pursuant to an lnterlocal
360
September 27, 2012
Redevelopment Agency Memorandum
Operating Budget for City Center for FY 2012/13
Page 2of3
Agreement, dated August 16, 2004 between the RDA, the City of Miami Beach and Miami-Dade
County; and an estimated $13,000 in interest income.
Expenditures
Project-related expenses account for approximately $23.6 Million, which includes $3.7 Million to be
allocated for community policing initiatives in City Center to continue to provide enhanced levels of
staffing and services throughout the area, and $4.5 Million for maintenance of RDA capital projects.
On-going and planned capital projects in City Center are projected to account for $14.2 Million in the
FY 2012/13 Budget, and generally include allocations for construction of the Collins Park Garage;
additional funding for the Collins Canal enhancement project to move the curb line of Dade
Boulevard further North to provide room for increased landscaping; Lincoln Road landscaping;
Collins Canal seawall repair by the Botanical Garden; a reserve for improvements to Euclid Avenue
(pending addition review and outreach); and aluminum streetlight pole replacement; and,
improvements to Euclid Avenue. 1 An additional $705,000 is being proposed for capital renewal and
replacement projects; including repairs and maintenance to certain City-owned projects and
facilities, including the Carl Fisher Club House, the Bass Museum, the Miami City Ballet, the Anchor
Garage and lighting replacement along Lincoln Road. Additionally, $405,000 in transfers to the
Pennsylvania Avenue Shops and Garage are budgeted to offset the City's costs associated with the
retail and parking operations.
Administrative Expenses total $1.4 Million, comprising a management fee of $1 ,041 ,000 which is
allocated to the General Fund to pay for direct and indirect staff support for the RDA; $66,000 for
actual operating expenses; approximately $241 ,000 set aside for on-going planning and consulting
work related to the Convention Center expansion master plan; and $98,000 for capital renewal and
replacement projects under $25,000. It should be noted that the Management Fee allocation is
reflective of actual city resources applied to the operation of the RDA, as supported by the RSM
McGiadrey Cost Allocation Study, dated July 20, 2009. It should further be noted that Administrative
and Operating expenses only account for less than four percent (4%) of the total budget, which is
well below the 20% threshold level established (and permitted) in the lnterlocal Agreement between
the City and the County.
The current combined debt service on the 2005 Series Bonds and the Parity Bonds accounts for
approximately $8.4 Million annually. City Center also continues assuming debt service payments on
the portion of the Gulf Breeze Loan used to pay for the Bass Museum expansion and renovation,
and the portion of the Sunshine State Loan Program used for Lincoln Road improvements, which
collectively account for approximately $1.3 Million.
Reserve line item expenditures include those items that, pursuant to the existing Bond Covenants,
may only be expended once the annual debt service obligations have been met. These include the
County's administrative fees, equivalent to 1.5% of its respective TIF payment; and the
corresponding contribution to the City's General Fund, equivalent to 1.5% of the City's share of its
TIF payment; and the remittance of the % mill tax levy back to the Children's Trust.
The revenues and expenses associated with operations of the newly opened Pennsylvania Avenue
Shops and Garage and the Anchor Shops and Parking Garage are presented as separate
schedules in order to eliminate any perception that proceeds from the facilities' operations are
pooled with TIF and other Trust Fund revenues:
Anchor Shops and Parking Garage
Garage revenues at the Anchor Garage are projected at approximately $3 Million, with operating
361
September 27, 2012
Redevelopment Agency Memorandum
Operating Budget for City Center for FY 2012113
Page 3 of3
expenses, (including depreciation, contractual revenue-sharing obligations with Loews and general
fund administrative fees), of approximately $2.4 Million and reserves of $621,000 The Anchor retail
operations is expected to generate $714,000 in revenues, including interest, with operating
expenses associated with the retail management contract, related reimbursable expenditures, and
depreciation totaling $158,000, as well as projected reserves of $556,000.
Pennsylvania Avenue Shops and Garage
In consideration of the fact that the Pennsylvania Avenue Shops and Garage was built by the RDA
on City-owned property, the operation of the facility has been structured in the form of a ground
lease between the City and the RDA, providing terms for both the Garage and Retail operations.
The garage operations include base rent and an administrative fee, consistent with that of the
Anchor Garage, Parking's operational fee, and revenue sharing between the City and the RDA. The
Retail operations also include base rent and an administrative fee, as well as a retail lease rate
based on 2010 retail market cap rates. The retail operations also include revenue sharing between
the City and the RDA.
Based on estimates of the garage's current-year operating results, and taking into consideration the
successful execution of a lease agreement with Penn 17, LLC., for the entire retail space, the
facility is anticipated to generate $1,094,000 in revenues in FY 2012/13, comprising $520,000 in
parking revenues and $57 4,000 in retail income. However, since the facility is still anticipated to
operate at a loss during FY 2012/13, the RDA plans to subsidize its operations through a transfer of
$405,000 to the parking operations. Expenses for the facility are budgeted at $1.4 Million,
comprising $925,000 in direct operating costs for the garage and $574,000 in lease term-related
obligations.
CONCLUSION
In order to address the existing and future obligations in the Redevelopment Area, it is
recommended that the Redevelopment Agency adopt the attached Resolution, which establishes
the operating budgets for the City Center Redevelopment Area, the Anchor Shops and Parking
Garage, and the Pennsylvania Avenue Shops and Garage for FY 2012/13.
KGB:MS:PAR:KOB
Attachment
T:\AGENDA\2012\sep 27\Regular\RDABudgetmemo2012 _13.doc
362
ATTACHMENT A
Miami Beach Redevelopment Agency
City Center Redevelopment Area
FY 2012/13 Proposed Operating Budget
September 27, 2012
FY 09/10 FY 10/11 FY11/12 FY12/13
Actual Actual Ado~ted Pro~osed
Revenues and Other Sources of Income
Tax Increment-City (1) $ 15,767,520 $ 16,902,090 $ 18,337,693 $ 19,188,000
Adjustment for Prior Year Increment (2) $ $ $ (1 ,326,883) $ (1 ,871 ,000)
Tax Increment-County (1) $ 13,541,895 $ 14,785,495 s 14,291,236 $ 14,818,000
Adjustment for Prior Year Increment (3) $ $ $ (1,262,384) $ (1 ,636,000)
50% Contribution from Resort Tax $ 3,845,346 $ 4,492,075 $ 4,298,477 $ 4,684,000
'1/2 Mill Children's Trust Contribution (4) $ 1,498,222 $ 1,474,830 $ 1,487,121 $ 1,575,000
Interest Income $ 16,315 s 9,291 $ 179,000 $ 13,000
Fund Balance Renewal and Replacement $ $ $ 1,370,981 $
Other Income/Adjustments: $ 10,026 $ s $
TOTAL REVENUES $ 34,67!M24 $ 37,663,781 $ 37,375,241 $ 36,771,000
Admin/Operating Expenses
Management fee (salaries & benefits) $ 489,564 $ 989,700 s 1,010,901 $ 1,041,000
Postage, printing & mailing $ 3,544 $ 2,858 $ 4,123 $ 3,000
Office supplies & equipment $ 2,828 $ 3,583 $ 3,810 $ 4,000
Meetings & conferences $ 812 $ 788 $ 1,351 $ 1,000
Dues & subscriptions $ 1,120 $ 12 $ 1,260 $ 2,000
Professional & related fees $ 79,189 $ 76,291 $ 260,000 $ 250,000
Repairs & Maintenance $ $ $ 84,857 $ 98,000
Miscellaneous expenses (lnt Svcs) $ $ $ 105,998 $ 47,000
Total Admin/Operating Expenses $ 577,057 $ 1,073,232 $ 1,412,300 $ 1,446,000
Project Expenses
Community Policing 168-1124 $ 2,453,667 $ 2,753,374 $ 3,413,695 $ 3,741,000
Capital Projects Maintenance: $
Property Management: 168-9964 $ 1 '114,823 $ 990,358 $ 1,061,006 $ 1,143,000
Sanitation: 168-9965 $ 1,979,746 $ 2,092,146 $ 2,661,686 $ 2,593,000
Greenspace: 168-9966 $ $ $ 622,896 $ 763,000
Sub-Total Cap Projects Maintenance: $ 3,094,569 $ 3,082,504 $ 4,345,588 $ 4,499,000
NWS Project/Lincoln Park Complex Contingency $ $ $ $
NWS Project-Grant-in-Aid $ $ 15,000,000 $ $
Transfer to Penn Garage Parking $ $ $ 48,801 $ 405,000
Transfer to Penn Garage Retail $ $ $ 347,112 $
Transfer to Capital (6) $ 13,170,050 $ 1,107,946 $ 13,541,301 $ 14,943,000
Total Project Expenses $ 18,718,286 $ 21,943,824 $ 21,696,497 $ 23,588,000
Reserve and Debt Service Obligations
Debt Service Cost -2005 + Parity Bonds $ 8,479,358 $ 8,498,087 $ 8,393,816 $ 8,415,000
Current Debt Service -Lincoln Rd Project (7) $ 1,086,961 $ 1,094,176 $ 1,103,367 $ 785,000
Current Debt Service -Bass Museum (8) $ 506,531 $ 505,859 $ 502,747 $ 503,000
Reserve for County Admin Fee (9) $ 203,128 $ 221,782 $ 195,433 $ 198,000
Reserve for CMB Contribution (1 0) $ 236,513 $ 253,531 $ 255,162 $ 261,000
Reserve for Children's Trust Contribution (11) $ 1,506,169 $ 1,474,856 $ 1,487,121 $ 1,575,000
Reserve for Collins Park Parking Garage $ $ $ 2,268,800 $
Repayment-Prior Yr Fund Balance $ s s
Total Reserve and Debt Service $ 12,018,660 $ 12,048, 14,206,444 s 11,737,000
TOTAL EXPENSES AND OBLIGATIONS $ 31,314,003 $ 35,065,348 $ 37,375,241 $ 36,771,000
REVENUES -EXPENDITURES $ 3,365,321 $ 2,598,433 $ {0) $
363
ATTACHMENT A (continued)
Anchor Shops and Parking Garage (16th Street Parking Garage)· Proposed FY 2012/13 Operating Budget
PARKING OPERATIONS: (Rounded)
FY 09/10 FY 10/11 FY 11/12 FY 12/13
Revenues: Actual Actual Adopted Proposed
Parking Operations (463-8000) $ 2,707,650 $ 2,368,000 $ 2,885,000 $ 3,049,000
Interest Pooled Cash $ 20,964 $ 14,796 $ 23,581 $ 20,000
TOTAL REVENUES $ 2,728,614 $ 2,382,796 $ 2,908,581 $ 3,069,000
Operating Expenses:
Parking Operations (463·1990) $ 960,220 $ 1,202,017 $ 1,773,125 $ 1,338,000
Garage Use Fee (To Loews) $ 363,364 $ 471,918 $ 408,800 $ 463,000
Parking Management Fee to General Fund $ 158,129 $ 189,074 $ 206,221 $ 197,000
Capital Maintenance -Parking Operations $ $ $ 520,435 $ 621,000
Reserve & Future Renewal & Replacement /Depreciation $ 450,824 $ 450,824 $ $ 450,000
TOTAL EXPENSES $ 1,932,537 $ 2,313,833 $ 2,908,581 $ 3,069,000
NET $ 796,077 $ 68,963 $ $
RETAIL OPERATIONS: (Rounded)
FY 09/10 FY 10/11 FY 11/12 FY 12/13
Revenues: Actual Actual Adopted Proposed
Retail Leasing (465-8000) $ 704,335 $ 714,150 $ 714,150 $ 708,000
Interest Pooled Cash $ 13,334 $ 9,202 $ 3,852 $ 6,000
TOTAL REVENUES $ 717,669 $ 723,352 $ 718,002 $ 714,000
Operating Expenses:
Retail Leasing Property Management Fee (465-1995) $ 60,631 $ 76,917 $ 62,720 $ 52,000
Retail Internal Service Expenses $ 33,523 $ 50,683 $ 41,129 $ 51,000
Capital Maintenance -Retail Operations $ $ 45,591 $ $ 100,000
Reserve & Future Renewal & Replacement /Depreciation $ 30,853 $ 55,396 $ 614,153 $ 511,000
TOTAL EXPENSES $ 125,007 $ 228,587 $ 718,002 $ 714,000
NET $ 592,662 $ 494,765 $ $
Pennsylvania Avenue Garage and Shops· Proposed FY 2012/13 Operating Budget
PARKING OPERATIONS: (Rounded)
FY 09/10 FY 10/11 FY 11/12 FY 12/13
Revenues (467-8000): Actual Actual Budget Proposed
Parking Operations $ $ 478,583 $ 521,400 $ 520,000
Transfer from RDA Operations -Parking $ $ $ 48,801 $ 405,000
Interest Pooled Cash $ $ $ $
TOTAL REVENUES $ $ 478,583 $ 570,201 $ 925,000
Expenditures (467-1996):
Parking Operations $ $ 300,727 $ 453,677 $ 534,000
Parking Base Rent (1) $ $ 23,552 $ 23,552 $ 23,000
Parking Admin Fee (2) $ $ 39,716 $ 47,604 $ 47,000
Parking Base Fee (3) $ $ 30,073 $ 45,368 $ 53,000
Future Renewal & Replacement /Depreciation $ $ 268,316 $ $ 268,000
TOTAL EXPENSES $ $ 662,384 $ 570,201 $ 925,000
NET $ $ (183,801) $ 0 $
RETAIL OPERATIONS: (Rounded)
FY 09/10 FY 10/11 FY 11/12 FY 12/13
Revenues (466-8000): Actual Actual Budget Proposed
Retail Leasing $ $ $ 292,763 $ 574,000
Transfer from RDA Operations -Retail $ $ $ 347,112 $
Interest Pooled Cash $ $ $ $
TOTAL REVENUES $ $ $ 639,875 $ 574,000
Expenditures (466-1997):
Retail Base Rent (4) $ $ $ 276,448 $ 278,000
Retail Admin Fee (5) $ $ $ 26,729 $ 53,000
Additonal Base Rent (6) $ $ $ $ 51,000
Leasing Commissions $ $ $ 326,698 $
Savings/Contingency $ $ $ 10,000 $ 192,000
TOTAL EXPENSES $ $ $ 639,875 $ 574,000
NET $ $ $ $
364
RESOLUTION NO., ____ _
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF
THE MIAMI BEACH REDEVELOPMENT AGENCY ADOPTING
AND APPROPRIATING THE OPERATING BUDGET FOR THE
CITY CENTER REDEVELOPMENT AREA, THE ANCHOR SHOPS
AND PARKING GARAGE AND THE PENNSYLVANIA AVENUE
SHOPS AND PARKING GARAGE FOR FISCAL YEAR 2012/13
WHEREAS, the proposed City Center Redevelopment Area Budget has been prepared to
coincide with the overall City budget process; and
WHEREAS, the proposed City Center Redevelopment Area Budget reflects anticipated
construction project costs in addition to operating and debt service costs for the fiscal year; and
WHEREAS, the proposed budgets for the Anchor Shops and Parking Garage and the
Pennsylvania Avenue Shops and Garage have been included as separate schedules to the City
Center Redevelopment Area Budget, reflecting projected revenues and operating expenses for the
fiscal year; and
WHEREAS, the Executive Director recommends approval of the proposed Fiscal Year
2012/13 budgets for the City Center Redevelopment Area, as well as for the Anchor Shops and
Parking Garage and the Pennsylvania Avenue Shops and Garage; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND MEMBERS
OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairperson and Members hereby
adopt and appropriates the operating budget for the City Center Redevelopment Area, the Anchor
Shops and Parking Garage and the Pennsylvania Avenue Shops and Garage for Fiscal Year
2012/13, as follows:
City Center Redevelopment Area
Anchor Garage Parking Operations
Anchor Garage Retail Operations
Pennsylvania Avenue Garage Parking Operations
Pennsylvania Avenue Garage Retail Operations
$36,771,000
$3,069,000
$714,000
$925,000
$574,000
PASSED AND ADOPTED THIS SEPTEMBER 27TH DAY OF 2012.
ATTEST:
SECRETARY
KB:MS:TF:KOB
T:IAGENDA\2012\sep2012Regular\RDA BUDGET RESO 2012_13.doc
CHAIRPERSON
365
APPROVED AS TO
FORM & LANGUAGE
FOR
366