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A20121024 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 24, 2012 Mayor Matti Herrera Bower Vice-Mayor Jorge R. Exposito Commissioner Michael Gongora Commissioner Jerry Libbin Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson Interim City Manager Kathie G. Brooks City Attorney Jose Smith City Clerk Rafael E. Granado Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to the alternate meeting date, which will only be held if needed. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Call to Order-9:00 a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 1 :00 p.m. Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Agenda R? Resolutions C2 Competitive Bid Reports R9 New Business & Commission Requests C4 Commission Committee Assignments R10 City Attorney Reports C6 Commission Committee Reports C? Resolutions Reports and Informational Items We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, histone community. 1 Commission Agenda, October 24, 2012 Presentations and Awards PA 1 Certificates Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For July, August And September 2012. (Requested by Vice-Mayor Jorge R. Exposito) PA2 Certificates Of Appreciation To Be Presented To The Members Of The Budget Advisory Committee (BAC) For All Their Work, Long Hours And Countless Meetings This Past Year Regarding The Pension Recommendations. (Requested by Mayor Matti Herrera Bower) PA3 Certificates Of Recognition To Be Presented To Celia Zaremba And Independent Living Community Services (Employer/Participant In UNlOAD's Senior Placement Program). (Requested By Commissioner Jonah Wolfson) PA4 Certificate Of Recognition To Be Presented To Cuban American Patriots And Friends (CAPAF) And Its President Emilio Izquierdo, Jr. (Requested By Commissioner Jonah Wolfson) PA5 Proclamation To Be Presented To Osteria Del Teatro For Their 25 Years Of Service. (Requested By Commissioner Jonah Wolfson) PA6 Proclamation To Be Presented To The Homeless Trust Declaring November 15, 2012 Homeless Awareness Day. (Requested by Commissioner Deede Weithorn) PA? Department Of Veterans AffairsNeterans Day National Committee Designates Miami Beach, Florida As A Regional Site For The Observance Of Veterans Day. (Requested by Commissioner Jerry Libbin) PA8 Certificate Of Appreciation To Be Presented To Pilar Saavedra For Her Dedication To The Senior Citizens At The North Shore Youth Center. (Requested by Commissioner Michael Gongora) PA9 Certificate Of Recognition To Be Presented To Manalo Restaurant For Their Long Standing Contribution To Miami Beach. (Requested by Commissioner Michael Gongora) 2 2 Commission Agenda, October 24, 2012 CONSENT AGENDA Action: Moved: Seconded: Vote: C2 -Competitive Bid Reports C2A Request For Approval To Issue A Request For Qualifications (RFQ) For Design/Build Services For Right Of Way Infrastructure Improvement Program Neighborhood No. 13: Palm & Hibiscus Islands. (Capital Improvement Projects/Procurement) C4 -Commission Committee Assignments C4A Referral To Finance And Citywide Projects Committee-Discussion Regarding: Water And Sewer Deposits; Implementing Rules And Regulations; And Application Of Rules Similar To Miami-Dade Water And Sewer Department. (Requested by Vice-Mayor Jorge R. Exposito) C4B Referral To Finance And Citywide Projects Committee -Discussion Regarding: Business Tax Receipt Renewal Notices; How We Handle Over Charges; Reasons For Miscalculations; And Corrective Action Plan. (Requested by Vice-Mayor Jorge R. Exposito) C4C Referral To Finance And Citywide Projects Committee -Consider New Policy Establishing Criteria For The Reimbursement Of Guarantee Deposits For Those Customers Who Have Established A Positive Payment History On Their Water Bill. (Requested by Commissioner Deede Weithorn) C4D Referral To The Finance And Citywide Projects Committee -Discussion Regarding An Amendment To The Lease Between The City And Massage Partners, Inc., Located At 767 17th Street, Said Amendment Regarding A Proposed Additional Use Of The Leased Premises, A Proposal To Grant Necessary Access To Additional Restroom Facilities; And A Corresponding Rent Adjustment. (Real Estate, Housing & Community Development) C4E Referral To The Finance And Citywide Projects Committee-Discuss Catering Options For The Miami Beach Convention Center. (Requested by Commissioner Michael Gongora) 3 3 Commission Agenda, October 24, 2012 C4 • Commission Committee Assignments (Continued) C4F Referral To The Neighborhood/Community Affairs Committee-Discussion Regarding Changing The Bikeways Blue Ribbon Committee To A City Committee. (Requested by Mayor Matti Herrera Bower) C4G Referral To The Finance And Citywide Projects Committee -Discussion Regarding Disposition Of Surplus Equipment. (Public Works) C4H Referral To The Neighborhood/Community Affairs Committee - A Discussion Regarding Amendments To The Current Sidewalk Cafe Ordinances. (Public Works) C41 Referral To The Finance And Citywide Projects Committee-Discussion Regarding The Budget Advisory Committee's Proposed Policies And Guidelines For The City's Pension Plans. (City Manager's Office) 4 4 Commission Agenda, October 24, 2012 C6 -Commission Committee Reports C6A Report Of The Capital Improvement Projects Oversight Committee Meeting Of July 16, 2012: 1) Attendance. 2) Review & Acceptance Of Minutes. 3) Accomplishments: Flamingo Park Holtz Tennis Center Construction Commencement. 4) Public Comments. 5) Old Business/Requested Reports: SA) North Beach Neighborhoods: 5A1) Status Report: Normandy Isle Neighborhood Improvements; 5A2) Status Report: Biscayne Point Neighborhood Improvements Project; 58) Middle Beach Neighborhoods: 581) Status Report: Sunset Islands I & II; 582) Status Report: Sunset Island Ill & IV; 583) Status Report: Lower North Bay Road; 5C) South Beach Neighborhoods: 5C1) Status Report: Venetian Islands Neighborhood Improvement Project; 5C2) Status Report: Palm & Hibiscus Island Neighborhood Improvements & Utilities Undergrounding; 6) Commission Items: 6A) Bayshore Right Of Way Improvement Project: A Resolution Providing For 1) Amending Resolution No. 2003-25171, Which Approved The Basis Of Design Report (BOOR) For The Bayshore Right Of Way Improvement Project; Said Amendment Amending The BOOR As Follows: A) Incorporating Implementation Of HOA Requested Roadway Width And Landscape Items (11 Points); B) Providing Additional Stormwater Upgrades To The Area Known As Zone 4 In The BOOR; And C) Providing Complete Milling And Resurfacing Of The Roadway In Lieu Of Asphalt Overlay; And 2) Authorizing The Mayor And City Clerk To Execute Amendment No. 23 To The Professional Services Agreement Between The City Of Miami Beach, Florida, And CH2M Hill For The Professional Landscape, Architectural And Engineering Services For The Right-Of-Way Infrastructure Improvements Program For Neighborhood No. 8 Bayshore And Sunset Islands, Dated May 16, 2001 (The Agreement), In The Negotiated Not-To-Exceed Amounts Of $200,401, For Additional Design Services For The Right Of Way Infrastructure Improvements For The Central Bayshore Neighborhood No. 8A Package In Order To Incorporate The Necessary Design Changes To Accommodate The Previously Noted BOOR Modifications; And $7,440 For Reimbursable Expenses, For A Grand Total Not-To-Exceed Amount Of $207,841; With Previously Appropriated Stormwater Bond Funding. 68) South Pointe Phases Ill, IV And V: A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Construction Contract Between The City Of Miami Beach, Florida, And Trans Florida Development Corporation, For The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program, Neighborhood No. 12/D/E/F, South Pointe Phases Ill, IV And V; Dated September 9, 2010 (The Contract), In The Not-To-Exceed Amount Of $1,749,048 For The Construction Of A New 12-lnch Water Main Along Ocean Drive From 5th Street To South Pointe Drive, Additional Roadway Reconstruction Throughout The Project Limits, Installation Of Light Emitting Diode (LED) Lighting Fixtures In Lieu Of Metal Halide, And Approving An Amendment To The Original Basis Of Design Report (BOOR) For Additional Improvements To 1st Street Between Alton Road And Washington Avenue; With Previously Appropriated Funding Available From South Pointe Capital Fund 389, In The Amount Of $1,749,048, For The Construction, And $174,904, For Contingency, For A Grand Total Of $1,923,952. C6B Report Of The Land Use And Development Committee Meeting Of September 19, 2012: 1) Proposed Parking District #5 For The Alton Road Corridor. 2} Discussion Regarding The Re- Zoning Of The Property At 1729 Lenox Avenue. 3} Reduced Parking Rates For Hotel Employees. 4) Review Of Miami Beach Land Use Boards To Improve The City Of Miami Beach Building And Planning Department Processes. 5) Discussion On Policy Consideration Regarding The Granting Of Subterranean Or Aerial Rights Over Public Property. 6) Discussion Of RFP For Tennis Maintenance And Bifurcating Maintenance And Operations. 7) Discussion On The Euclid Avenue Street End Project. 5 5 Commission Agenda, October 24, 2012 C6-Commission Committee Reports (Continued) C6C Report Of The Finance And Citywide Projects Committee Meeting Of October 3, 2012: 1) Public Presentation Regarding Status Of, And Other Issues Pertaining To, The Lincoln Road Request For Proposals (The "Lincoln Road RFP" Or The "RFP"), And The Convention Center Request For Qualifications (The "Convention Center RFQ" Or The "RFQ.") C6D Report Of The Neighborhood/Community Affairs Committee Meeting Of September 24, 2012: 1) Discussion Regarding The Ordinance That Amended Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including December 31, 2012. 2) Policies Related To Storms, Hurricanes And Parking. 2A) Discussion Regarding Whether The City Should Have A General Standing Rule To Waive Certain Fees, Such As Parking And Other, Related To Reconstruction Of Private Property Damaged Due To A Severe Storm Event Or Similar Nature Event. 28) Discussion Regarding Review Of Hurricane Season And Seasonal Flooding Parking Policies. 3) Discussion Regarding A Proposal For A Donation Of Art Pieces To Be Displayed On Lincoln Road. 4) Discussion Regarding Proposed Amendments To The City's Film And Print Guidelines. 5) Discussion Regarding Requiring Miami Beach Restaurants To Post Scores Given By The Health Department. 6) Discussion Regarding An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled "Public Property," By Amending Article VI, Entitled "Naming Of Public Facilities And Establishment Of Monuments Or Memorials," By Amending Section 82-504, Entitled "Monuments Or Memorials," By Adding Criteria To Provide That: A) Only The Mayor Or A Member Of The City Commission May Propose The Establishment Of A Monument Or Memorial; B) The Mayor And City Commissioners Shall Each Be Limited To Proposing The Establishment Of One Monument Or Memorial Per Term Of Elected Office; C) Any Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standing In The Community And If, After The Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of The Person Shall Be Removed From Such Monument Or Memorial Or The Monument Or Memorial Itself May Be Removed, Without Any Resulting Liability To The City; And Providing For Repealer, Severability, Codification, And An Effective Date. 7) Discussion Regarding "Booting" Services And Raising The Allowable Rate Per Vehicle, Which Is Now $25 Each. 8) Discuss Bringing A New Festival Of The Arts To North Beach. 9) Discussion Regarding The Upper La Gorce Stormwater Drainage, Specifically, The Budget And Design Criteria Package. 1 0) Discussion Regarding A Resolution Directing That An Application For A Sidewalk Cafe Permit For The Drexel Avenue And 16th Street Sidewalks In Front Of The Retail Spaces Of The Park @ 420 Garage, Located At The Corner Of 16th Street & Drexel Ave. 11) Discussion Regarding The Various Types Of Water Sports Activities That Exist Today To Amend The 1964 Ordinance. 12) Discussion Regarding The Water Feature At The Washington Avenue Entry Of South Pointe Park. 13) Discussion Concerning The Timing Of The Usage Of The City Of Miami Beach's Leaf Blowers. 14) Discussion Regarding The Need For Attended Bathrooms In The City Of Miami Beach. 15) Discussion Regarding A No Wake Zone Ordinance. 6 6 Commission Agenda, October 24, 2012 C7 -Resolutions C7 A A Resolution Approving And Authorizing The City Manager Or Her Designee To Submit Applications To 1) US Department Of Homeland Security, Federal Emergency Management Agency (FEMA), Through The State Of Florida Division Of Emergency Management For FY 2013 Urban Area Security Funding (UASI) In The Approximate Amount Of $100,000 For The City's Emergency Needs; 2) The Villagers Incorporated, For Funding In The Approximate Amount Of $20,000 For Phase 1 Funding (Professional Services) For The Restoration Of The Polo Player Statue Located In Polo Park; 3) Transportation Enhancement Funds (TEP) In The Approximate Amount Of $1,000,000 For Construction Of The Middle Beach Recreation Corridor (MBRC) Phase 2; And 4) The US Department Of Homeland Security, Federal Emergency Management Administration (FEMA) For The FEMA 2012 Community Resilience Innovation Challenge Program For Funding In The Approximate Amount Of $35,000 For The City's Community Rapid Response Program; Appropriating The Above Grants, Program Funds And Matching Funds, As Necessary If Approved And Accepted By The City, And Authorizing The Execution Of All Documents Related To These Applications. (Budget & Performance Improvement) C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms Pursuant To Request For Proposals (RFP) No. 50-11/12 For Cost Allocation Studies For The City Of Miami Beach; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm, Maximus Consulting Services, Inc., And Should The Administration Not Be Able To Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked Firm, MGT Of America, Inc; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Completion Of Successful Negotiations By The Administration. (Budget & Performance Improvement/Procurement) C7C A Resolution Approving The Settlement In The Amount Of $11,672.30 For City Liens On Property Owned By Showtime Theatres, Inc, Located At 429 Lenox Avenue, Miami Beach, Florida, In The Original Amount Of $111,672.30, And Further Authorizing The City Manager To Take Such Action And Execute Any And All Necessary Documents To Complete Such Settlement And Lien Release. (City Attorney's Office/Finance Department) C7D A Resolution Electing Commissioner Michael Gongora, Group Ill, As Vice-Mayor For A Term Commencing On November 1, 2012, And Terminating On February 28, 2013, Or On Such Date When A New Vice-Mayor Is Thereafter Elected. (City Clerk's Office) 7 7 Commission Agenda, October 24, 2012 C7-Resolutions (Continued) C7E Setting Public Hearing: Parking District No. 5 -Sunset Harbour Neighborhood A Resolution Setting A Public Hearing To Consider An Ordinance Amending The City Code Chapter 130, "Off-Street Parking," Article II "District; Requirements," Section 130-31 "Parking Districts Established," By Creating A New Parking District No. 5; Amending Section 130-33, "Off- Street Parking Requirements For Parking Districts Nos. 2, 3 And 4," By Adding New Parking Regulations For Parking District No. 5 For Properties Generally Bounded By Purdy Avenue On The West, 20th Street On The North, Alton Road On The East And Dade Boulevard On The South; Amending Section 142-483, "Conditional Uses" By Adding To The List Of Conditional Uses In The 1-1 Urban Light Industrial District; Amending Chapter 142, Article II, "District Regulations," Division 5, "CD-2 Commercial Medium Intensity District," By Amending Sections 142-302, "Main Permitted Uses," Section 142-303, "Conditional Uses," And Section 142-305, "Prohibited Uses," By Clarifying The Permitted, Prohibited And Conditional Uses In Parking District #5. (Planning Department) C7F A Resolution Authorizing The City Manager Or His Designee And City Clerk To Execute A Memorandum Of Understanding Between The City Of Miami Beach, On Behalf Of The Miami Beach Police Department, And The Internal Revenue Service, Criminal Investigation Miami Field Office To Participate In The Financial Investigative Strike Team, Financial Crimes Task Force, For The Purpose Of Developing And Assisting With Criminal Investigations Of Illegal Activities Throughout Miami-Dade, Florida. (Police Department) C7G A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement To Florida Power And Light At Flamingo Park For The Installation And Maintenance Of A Duct Bank That Will Serve The Boys And Girls Club. (Public Works) C7H A Resolution Approving, In Substantial Form (As Attached Hereto), A Concession Agreement With Miami Beach Film Society, Inc. D/B/A Miami Beach Cinematheque ("Cinematheque") To Operate An Outdoor Cafe In The Outdoor Courtyard Area Adjacent To The Premises That Cinematheque Leases From The City Pursuant To That Certain Lease Agreement Between Cinematheque And The City, Dated December 9, 2009 ("Lease"), For A Term To Run Concurrent With The Lease, Commencing On December 1, 2012; And Further Authorizing The Mayor And City Clerk To Execute The Agreement Subject To Final Review By The City Manager And Form Approval By The City Attorney. (Real Estate, Housing & Community Development) C71 A Resolution Rejecting The Sole Proposal Submitted In Response To Request For Proposals No. 37-11/12, For The Management And Operation Of Food And Beverage Concessions In Flamingo Park Pool And Normandy Isle Park Pool (The RFP). (Real Estate, Housing & Community Development) 8 8 Commission Agenda, October 24, 2012 C7-Resolutions (Continued) C7 J A Resolution Authorizing The Acceptance Of An Eighteen Thousand One Hundred Eighty-Eight Dollars ($18, 188) In Cash Donation (Including Sponsorship) From The Marilyn And Edward Gadinsky Charitable Foundation Made To The City In Support Of The Soundscape Cinema Series For Fiscal Year 2012/13; And Authorizing The City Manager Or Her Designee To Make Such Expenditures And/Or Reimbursements From The Aforestated Donation, In Furtherance Of And Consistent With The Aforestated Event. (Tourism & Cultural Development) C7K A Resolution Approving A Lease Agreement With Design Miami To Hold The Design Miami Show In The Preferred Parking Lot, For Specific Dates In 2013, 2014, 2015, And 2016; As More Specifically Set Forth In The Lease Agreement Attached As Exhibit "A" To This Resolution. (Tourism & Cultural Development) C7L A Resolution Authorizing The Mayor And The City Clerk To Execute Amendment No. 1 To The Fiscal Year 2009/10 State Housing Initiatives Partnership (SHIP) Program Agreement Between The City Of Miami Beach And Miami Beach Community Development Corporation (MBCDC), In A Form Acceptable To The City Manager And The City Attorney, Which Provides $45,938.97 In SHIP Program Income To One Income-Eligible Homebuyer And Rehabilitation Household In North Beach. (Real Estate, Housing & Community Development) (Memorandum & Resolution to be Submitted in Supplemental) End of Consent Agenda 9 9 Commission Agenda, October 24, 2012 REGULAR AGENDA RS -Ordinances RSA An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous Offenses," By Amending Article II, Entitled "Public Places"; By Amending Division II, Entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of Transportation," By Amending Section 70-66, Entitled "Definitions," By Adding A Definition For Bicycle Path; And By Amending Section 70-67, Entitled "Prohibited Activities," By Amending The Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive Mobility Devices (Also Known As Segways), By Rewording The Provisions Therein And Conforming The Language To State Law; By Restricting The Speed Of Electric Personal Assistive Mobility Devices To Eight (8) MPH On All City Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The Operation Of Electric Personal Assistive Mobility Devices On Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68, Entitled "Exemptions," By Exempting The Use Of Electric Personal Assistive Mobility Devices By City Police And City Contracted Services From The Restrictions Of Division II; By Amending Section 70-69, Entitled "Responsibilities Of Bicyclists And Skaters," By Adding Responsibilities For Persons Operating Electric Personal Assistive Mobility Devices; By Amending Section 70-70, Entitled "Penalties," To Provide For Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal Assistive Mobility Devices; By Creating Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In Addition To Existing Non-Criminal Infraction Penalties For The Violation Of Certain Provisions In Chapter 70, Article II, Division II; Providing For Repealer; Severability; Codification; And An Effective Date. 10:35 a.m. Second Reading Public Hearing (Requested by Commissioner Deede Weithorn) (Legislative Tracking: Public Works) (Continued from September 12, 2012/Referred to NCAC) RSB An Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled "Public Property," By Amending Article VI, Entitled "Naming Of Public Facilities And Establishment Of Monuments Or Memorials," By Amending Section 82-504, Entitled "Monuments Or Memorials," By Adding Criteria To Provide That: A) Only The Mayor Or A Member Of The City Commission May Propose The Establishment Of A Monument Or Memorial; B) The Mayor And City Commissioners Shall Each Be Limited To Proposing The Establishment Of One Monument Or Memorial Per Term Of Elected Office; C) Any Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standing In The Community And If, After The Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of The Person Shall Be Removed From Such Monument Or Memorial Or The Monument Or Memorial Itself May Be Removed, Without Any Resulting Liability To The City; And Providing For Repealer, Severability, Codification, And An Effective Date. 11:00 a.m. Second Reading Public Hearing (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Parks & Recreation) (Continued from September 12, 2012/Referred to NCAC) 10 10 Commission Agenda, October 24, 2012 R5-Ordinances (Continued) R5C An Ordinance Amending The Miami Beach City Code By Amending Chapter 90, Entitled "Solid Waste," By Amending Article IV, Entitled "Private Waste Contractors," By Amending Division 3, Entitled "Franchise," By Amending Section 90-230 Entitled "Term Of Franchise Agreements; Initial Term; Renewal Term," To Provide That Prior To The Expiration Of The Initial Term Of A Franchise Agreement, The City Commission May Agree To Renew Term Of An Existing Franchise Agreement, For Up To An Additional Three Year (3) Renewal Term; And Providing For Repealer, Severability, Codification, And An Effective Date. 11:15 a.m. Second Reading Public Hearing (Requested by City Commission) (Legislative Tracking: Public Works) (First Reading on September 12, 2012) R5D An Ordinance Amending Chapter 12 Of The Miami Beach City Code, Entitled "Arts, Culture And Entertainment," By Amending Article II Thereof, Entitled "Special Events," By Amending Section 12-5, "Special Events Permits" To Provide Clarification To Special Event Applicants Under Provision (5); By Providing Enforcement And Penalties For The Violation Of Section 12-5 As Set Forth In Provision (9); And Providing For Repealer, Codification, Severability, And An Effective Date. 11:30 a.m. Second Reading Public Hearing (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Tourism & Cultural Development) (Continued from July 18, 2012/Referred to NCAC) R5E An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The City Of Miami Beach, Florida (The "Ordinance"), By Amending The Salary Ranges and Establishing Compensation Provisions For The City Manager And The Attorney; Providing For Repealer, Severability, Codification, And An Effective Date. 11 :40 a.m. Second Reading Public Hearing (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: City Attorney's Office) (Continued from September 12, 2012/Referred to FCWPC) 11 11 Commission Agenda, October 24, 2012 R5 ·Ordinances (Continued) R5F Miami Heart Institute FLUM Change And Zoning Map Change 1. An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For The Parcel Known As The "Miami Heart Institute," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current PF-HD, "Public Facility, Hospital," To The Future Land Use Category Of RM-1, "Residential Multifamily Low Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date. 5:01 p.m. First & Only Reading Public Hearing 2. An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72 Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District Classification For The Parcel Known As The "Miami Heart Institute," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning Classification HD, "Hospital District," To The Proposed Zoning Classification Rm-1, "Residential Multi-Family Low Intensity," Providing For Codification, Repealer, Severability And An Effective Date. 5:01 p.m. First Reading Public Hearing (Requested by Applicant-4701 North Meridian, LLC) (Legislative Tracking: Planning Department) R5G Ground Floor Additions In The Architectural District An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Multifamily Districts," By Amending Subdivision V, "RM-3 Residential Multifamily High Intensity," To Create Additional Regulations Regarding Ground Floor Additions For Properties Located In The Architectural District; Providing For Repealer, Codification, Severability And An Effective Date. First Reading (Requested by Land Use & Development Committee) (Legislative Tracking: Planning Department) R7 • Resolutions R7A A Resolution Granting An Easement To Collins 3300, LLC And 3420 Collins Avenue, LLC, Owners Of The Properties Located At 3301 Indian Creek Drive, 3400 Collins Avenue And 3420 Collins Avenue, Following A Duly Noticed Public Hearing, For A Proposed Subsurface Parking Garage, That Spans The Entire Width Of The 50-Foot Public Right-Of-Way Of 34th Street For A Length Of Approximately 93 Feet. 10:45 a.m. Public Hearing (Public Works) (Continued from September 12, 2012) 12 12 Commission Agenda, October 24, 2012 R7 -Resolutions (Continued) R7B A Resolution Repealing City Of Miami Beach Resolution No. 93-20694 Which Established The City's Complimentary Ticket Policy, And Substituting Therefor A Comprehensive Policy Statement Of The City Of Miami Beach Regarding Its Use And Distribution Of City Tickets To Events And Productions Occurring At City-Owned Venues And/Or City-Sponsored Events. (City Manager's Office/City Attorney's Office) (Not reached on September 12, 2012) R7C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Guaranteed Maximum Price (GMP) Amendment No. 1, To The Pre-Construction Services Agreement With Thornton Construction Company, Inc., Dated January 13, 2012, For The Construction Of The 6th And 53rd Street Restrooms Project, In The Amount Of $1,200,493, Plus An Owner's Project Contingency Of $120,049, For A Total Of $1 ,320,542; With Previously Appropriated Funding In The Amount Of $568,539 From SP Post RDA COT And Municipal Resort Tax Fund 388, $107,215 From SB Quality Of Life Resort Tax Fund 305, $644,788 From Capital Projects Not Financed By Bonds Fund 301. (Capital Improvement Projects) R7D A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Construction Contract Between The City Of Miami Beach, Florida, And Trans Florida Development Corporation, For The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program, Bayshore Neighborhood No. 8B, Lower North Bay Road; Dated June 28, 2011 (The Contract), In The Not-To-Exceed Amount Of $798,424 Plus An Owner's Contingency Of $79,842 For A Total Of $878,266, For Additional Storm Water & Hardscape Components Throughout The Project Limits And Approval Of An Increased Materials Cost; With Previously Appropriated Funding In The Amount Of $337,721 From Gulf Breeze 2006 Fund 423,$274,351 From Stormwater Bonds 2011 Series Fund 431,$158,512 From Stormwater Enterprise Fund 427, $67,893 From Capital Reserve Fund 304, $30,000 From 2003 Go Bonds Neighborhood Improvement Fund 384, And $9,789 From Pay As You Go Fund 302. (Capital Improvement Projects) R7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Construction Contract, Dated July 13, 2011, Between The City Of Miami Beach, Florida, And David Mancini & Sons, Inc., For The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program, Bayshore Neighborhood No. 8E, Sunset Islands I & II Project (The Contract); In The Amount Of $386,465 Plus An Owner's Contingency Of $38,646, For A Grand Total Of $425,111, For The Construction Of A Temporary And Permanent Street Lighting System As A Result Of An Unforseen Condition For The Sunset Island 1 & 2 Project Limits; With Previously Appropriated Funding In The Amount $85,021 From Fund 304 -Capital Reserve, $28,215 From Fund 423-Gulfbreeze 2006 Water & Sewer Bonds, $99,320 From Fund 424 -Water & Sewer Bonds 2000 Series, And $212,555 From Fund 431 -Storm Water Bonds 2011. (Capital Improvement Projects) 13 13 Commission Agenda, October 24, 2012 R7 • Resolutions (Continued) R7F A Resolution Adopting Administrative Rules For Chapter 70, Entitled "Miscellaneous Offenses", Article II, Entitled "Public Places," Division II, Entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Transportation," Of The Miami Beach City Code, As Provided For In Sections 70-69 And 70-70 Of The City Code. (City Attorney's Office) R7G A Resolution Revising The "Special Events Requirements And Guidelines," By Amending The Following Sections: "Application Procedure," "Weddings And Ceremonies," "Product Promotion/ Temporary Sampling", "Minimum Requirements," "Internal Review Procedure," "External Review Procedure," "Vehicle Access Policy," "Booking Policy," "Concession Agreements," "Use Of Public Property," "Enforcement And Penalties;" And Further Amending The Special Event Fee Schedule, And Hereby Permitting And Restricting Further Uses On Public Property. (Tourism & Cultural Development) R7H A Resolution Establishing, Pursuant To City Charter Section 2.04, Procedures For Calling Special Meetings Of The City Commission By A Majority Of The Members Of The City Commission. (City Attorney's Office) R71 A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee And Adopting The 2011 Citywide Stormwater Management Master Plan. (Public Works) R7 J A Resolution Strongly Opposing The Proposed 16% Base Rate Increase By Florida Power And Light Company ("FPL"). (Requested by Commissioner Jonah Wolfson) R7K A Resolution Expressing Appreciation For The Return Of The Cuban Flag At The Freedom Tower And Requesting An Explanation As To The Flag's Temporary Removal. (Requested by Commissioner Jonah Wolfson) R7L A Resolution Approving A Funding Contribution In The Amount Of $250,000 To Address The Relocation Of The Kitchen Exhaust Venting System Installed By The Pennsylvania Avenue Garage Retail Tenant, Penn 17, LLC D/B/A Cooper Avenue; With Funding Available From Previously Appropriated City Center RDA Capital Fund 365; And Further, Authorizing The Interim City Manager To Negotiate Terms Of An Agreement With Penn 17, LLC To Proceed In Redesigning, Permitting And Constructing A Kitchen Exhaust Venting System That Discharges Away From The Service Alley Located Between The New World Symphony Building And The Pennsylvania Avenue Garage. Joint City Commission And Redevelopment Agency (Real Estate, Housing & Community Development) (Memorandum & Resolution to be Submitted in Supplemental) 14 14 Commission Agenda, October 24, 2012 R7-Resolutions (Continued) R7M A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee (FCWPC) Meeting, Pertaining To A Cure Of The Sunshine Law Issue Raised With Respect To Request For Proposals No. 14-11/12 (The Lincoln Road RFP), And Also Recommending That A Cure Be Undertaken, As A Pre-Emptive Measure, With Respect To Request For Qualifications No. 22-11/12 (The Convention Center RFQ); Authorizing The City Administration And City Attorney's Office To Proceed With The Following Cure Options (As Presented To The FCWPC By The City Attorney At The Committee's October 3, 2012 Meeting): 1) Approving Cure "Option 2" For The Lincoln Road RFP, And Authorizing The City Manager To Convene A New Evaluation Committee And Have Such New Committee Meet In A Duly Noticed Public Meeting To (A) View The Videotape Of The RFP Proposers' Original Oral Presentations, Followed By (B) Question And Answer Sessions With The Individual Proposers, And Ending With (C) The Committee's Deliberations, Rankings And Final Recommendation(s) To The City Manager (Provided That Portion (B) Of The Meeting May Be Closed To The Public, As Permitted Pursuant To Section 286.0113(2), Florida Statutes, But Shall Be Recorded By The City); And 2) Approving Cure "Option 1" For The Convention Center RFQ And Authorizing The City Manager To Re-Convene The Current RFQ Evaluation Committee And Have The Committee Meet In A Duly Noticed Public Meeting To (A) View The Videotape Of The RFQ Proposers' Original Presentations, Followed By (B) Question And Answer Sessions With The Individual Proposers, And Ending With (C) The Committee's Deliberations, Rankings And Final Recommendation(s) To The City Manager (Provided That Portion (B) Of The Meeting May Be Closed To The Public, As Permitted Pursuant To Section 286.0113(2), Florida Statutes, But Shall Be Recorded By The City). (City Attorney's Office) {Memorandum & Resolution to be Submitted in Supplemental) R7N A Resolution Opposing The Use Of Any Convention Development Tax ("COT') Funds For A Purpose Other Than For Convention Center Development, And Further Opposing Any Expenditure Of Such COT Taxes For Water And Sewer Infrastructure Or For Any Other Purpose That Is Not Eligible For COT Funding Pursuant To State Law. (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) {Memorandum & Resolution to be Submitted in Supplemental) R70 A Resolution Approving The Design Of The Recycling Receptacle To Be Provided Under The Coca-Cola Sponsorship Agreement And The Design Of A Matching Trash Receptacle As Recommended By The Finance And Citywide Projects Committee. (Public Works) {Memorandum & Resolution to be Submitted in Supplemental) R7P A Resolution Approving The Issuance Of New Police And Parking Towing Permits To Beach Towing Services, Inc. And Tremont Towing Services, Inc., With Said Permits Having A Three (3) Year Term, Commencing On November 1, 2012, And Ending On October 31, 2015; Further Approving Amendment No. 2 To The Administrative Rules And Regulations For Police And Parking Towing Permits All As Presented At The January Finance And Citywide Projects Committee Meeting. (Parking Department) 15 15 Commission Agenda, October 24, 2012 R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A 1 Board And Committee Appointments -City Commission Appointments. (City Clerk's Office) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) R9C Discussion Regarding A Resolution Urging The Florida Legislature To Exempt From Public Records Disclosure Absentee Ballot Requests And Personal Information Included On Such Requests. (Requested by Commissioner Deede Weithorn) (Not reached on September 12, 2012) R9D Discussion Regarding The Issuance Of RFP For Call Centers And Including A Local Preference So As To Provide The Highest Level Of Service Possible. (Requested by Commissioner Jonah Wolfson) R9E The Committee Of The Whole Will Meet During Lunch Recess Of The October 24, 2012 City Commission Meeting At The City Manager's Office Large Conference Room To Discuss Resumes Received For The City Manager's Position. (City Manager's Office) R9F Discussion Regarding Update On The Negotiations With Former City Manager Jorge Gonzalez. (City Attorney's Office) R9G Discussion Regarding Middle Beach Recreational Corridor-Phase 1. (Requested by Commissioner Edward L. Tobin) R9H Discussion On Giving Guidance To The IT Steering Committee To Review The Pros And Cons Of Becoming A Paperless Environment And Create New Policies And Procedures To Be Implemented Within The City Of Miami Beach. (Requested by Vice-Mayor Jorge R. Exposito) R91 Discussion Regarding Assisting Jewish Community Services (JCS) With Temporary Facility During Renovations. (Requested by Commissioner Edward L. Tobin) R9J Discussion Regarding Commencement Of Penny Tax For Convention Center. (Requested by Commissioner Edward L. Tobin) 16 16 Commission Agenda, October 24, 2012 R9-New Business and Commission Requests (Continued) R9K Discussion Regarding Status Update Of Flamingo Baywalk. (Requested by Commissioner Edward L. Tobin) R9L Discussion Regarding In Support Of Miami-Dade County Public Schools' Capital Bond Referendum To Modernize And Construct Schools, Including Technology Upgrades At All Schools. (Requested by Mayor Matti Herrera Bower) R9M Discussion Regarding The Sustainability Committee's Recommendation For The Administration To Develop Appropriate Guidelines To Require All Special Events In The City To Offer Recycling. (Requested by Commissioner Jerry Libbin) R10-City Attorney Reports R 1 OA City Attorney's Status Report. (City Attorney Office) R1 OB Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, October 24, 2012, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. Reports and Informational Items Reports and Informational Items (see LTC 267-2012) End of Regular Agenda 17 17 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE CITY· COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2} sessions, 12:30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adjournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV 77, and posted at City Hall. Approximately thirty (30} minutes will be allocated for each session, with individuals being limited to no more than three (3} minutes or for a time period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the Agenda may be obtained at the City Clerk's Office on Thursday morning prior to the regularly scheduled City Commission meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday prior to a regularly scheduled City Commission Meeting. 3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff. "Requests for Agenda Consideration" will not be placed on the Agenda until after Administrative staff review. Such review will ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s} listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone (305)673-7 411, before 5:00p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. F:\CLER\CLER\CITYCLER\sutnick. v21.doc 18 CITY CLERK'S OFFICE LOBBYIST LIST October 24, 2012 Commission Meeting Lobbyist's Name Retained by Principal Date Registered C7G Set Public Hearing: Parking District No.5-Sunset Harbour Neighborhood Michael Larkin Scott Robins, Bay Road Partners 02/17/2012 Wayne Pathman Greenstreet Real Estate Partners 06/25/2012 David Sacks Greenstreet Real Estate Partners 06/26/2012 R5F Miami Heart Institute FLUM Change And Zoning Map Change Lucia Dougherty Lionheart Capital, LLC 01/31/2012 Alfredo Gonzalez Lionheart Capital, LLC 04/24/2012 Neisen Kasdin 4701 North Meridian, LLC 03/02/2012 R7H Special Events Requirements and Guidelines Alex Tachmes Irwin Friedman 2/29/2012 F:\CLER\COMMON\2012\20121 024\LOBBYIST LIST.Docx 19 Amount Disclosed $445 per hour $425 per hour $1 00 per week $700 per hour $450 per hour $605 per hour $525 per hour CITY OF MIAMI BEACH 2012 MEETING DATES COMMISSION MEETINGS ALTERNATE MEETINGS January 11 (Wednesday) January 18 (Wednesday) February 8 (Wednesday) February 15 (Wednesday) March 21 (Wednesday) March 28 (Wednesday) April 11 (Wednesday) April18 (Wednesday) May9 (Wednesday) May 16 (Wednesday) June 6 (Wednesday) July 18 (Wednesday) July 25 (Wednesday) August-City Commission in recess September 12 (Wednesday) October 24 (Wednesday) October 31 (Wednesday) November 14 (Wednesday) November 21 (Wednesday) December 12 (Wednesday) December 19 (Wednesday) 20 PA PRESENT A Tl NS AND A ARDS ""0 )> PA1 Appreciation To To Of A!! Their Work, Long Hours And Countless To To """''"'"'~'"'(Employer/Participant In UNlOAD's ·"""'''"" '""·'"'"'""''"'"'"'''"' (Requested By Commissioner Jonah Wolfson) Of (CAPAF) And To To American President Emilio Izquierdo, Jr. (Requested By Commissioner Jonah Wolfson) Proclamation Proclamation Presented Homeless Day. (Requested by For Agenda 22 And 15, 2012 Long THIS PAGE INTENTIONALLY LEFT BLANK 23 C2 COMMISSION ITEM SUMMARY projects as "excellent" or On June 14, 2011, the City issued RFQ No. 35-10/11 for a Design Criteria Professional to prepare the Design Criteria Package for the Project, which is intended to be a design-build contract Subsequently, on September 14, 2011, the City Commission approved Resolution No. 2011-27710 authorizing the Administration to enter into negotfations; after various attempts to negotiate with first ranked consultant, the City was successful in negotiations with the second ranked consultant, C3TS. On February 8, 2012, the City Com mission approved Resolution No. 201 approving the execution of an agreement with C3TS to prepare the design criteria for the Palm and Hibiscus Neighborhood Right-of-Way Project C3TS shall provide the City with a Design Criteria Package for the Project that wm serve to define the design r"""''"'"t"'. for development of construction documents by the selected Design Build Firm and for submission of their proposal. The consists of landscaping, replacement of existing water main infrastructure, improved storm water drainage collection and disposal infrastructure including swale restoration, curb and and other facilities, roadway reconstruction I markings, sewer lining and repair, repair and/or extension of existing sidewalks to comply with ADA requirements, incorporation of traffic calming features. consistent with community preferences and the incorporation and the undergrounding of utilities, including Florida Power and Light (FPL), Atlantic Broadband (ABB) and AT&T. The City Commission's approval of this Resolution will allow staff to initiate the appropriate procurement process the RFQ for design build services for the Project The DBF selected pursuant to the RFQ will be responsible for the design, construction, and construction ""''n"'''" associated with the Project The contract with the successful DBF will be awarded in accordance with the established requirements for award of design build contracts under the Consultants' Competitive Negotiations Act by using either a proposal selection process, or a qualifications based selection process. OBPI Account ---------'-------------'''~~'''------------1 Impact Summary: 25 AGENDA ITEM__.:::;;:.__~-- 0 ATE --L,!:.____.::;;__.::;;;;;_ City of Miami Beach, 1700 Convention Cente: Drive, Miorni Beach, Florida 33139, COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members the Cit~Commission FROM: Kathie G. Brooks, Interim City Manager DATE: October 2012 SUBJECT REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS {RFQ) FOR DESIGN/BUILD SERVICES FOR RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM NEIGHBORHOOD NO. 13: PALM & HIBISCUS ISLANDS Approve Issuance RFQ. BACKGROUND On May 3, the City Commission approved Resolution No. 2002-24853, approving and officially adopting the Basis of Design Report (BOOR) the Palm and Hibiscus Islands Neighborhood Right of Way (ROW) Improvement Project (the Project). The Palm-Hibiscus-Star Islands Association (HOA) elected to pursue the creation of a Special Taxing District with Miami-Dade County, in to the expense associated with its Utility Undergrounding project After petition drives and various required public hearings the registered voters elected on December 7, 201 to move forward with the Utility Undergrounding project for only Hibiscus Island. Palm Island West residents elected not to proceed with the Utility Undergrounding project (Palm Island already has the utilities underground). On June 14, 2011, the City issued RFQ No. 1 for a Design Professional to prepare the Criteria Package for the Project, which is intended to be a design-build contract Subsequently, on September 14, 2011, the City Commission approved Resolution No. 2011-27710 authorizing the Administration to enter negotiations; after various attempts negotiate with first ranked consultant, the was in negotiations with the second ranked consultant, On February 8, 201 the Commission approved Resolution No. 201 approving the execution an agreement with C3TS to prepare the design package for the Palm and Hibiscus Neighborhood Right-of-Way Improvement Project ANALYSIS C3TS provide the City with a Design Criteria Package for the Project that will serve to define the design requirements for development of construction documents by the selected Design Build 26 Commission Memomndum RFQ for DESIGN/BUILD SERVICES FOR RIGHT OF WAY iNFRASTRUCTURE IMPROVEMENT PROGRAM NEIGHBORHOOD NO 13. PALM & HIBISCUS ISLANDS October 24 .. 2012 2 of2 (RFQ) for wrr\nr:::.rn Neighborhood No. 1 27 of landscaping, and roadway AYl'An<::ll"on Of existing with including Florida Commission's approval of process advertising THIS PAGE INTENTIONALLY LEFT BLANK 28 C4 C ISSI N C I EE ASSI N ENTS IB OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Kathie Brooks, interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Vice-Mayor September 19, 2012 MEMORANDUM SUBJECT: Referral to Finance & Citywide Projects Committee regarding Water and Sewer Please place a referral item on the October 24, 2012 Commission Meeting Agenda to the Finance & Citywide Projects Committee relating to the following: • Water and Sewer deposits • discussion implementing Rules and Regulations • application of rules similar to those Miami-Dade Water and Sewer Department We trust that you will find all in good order. Should you have any questions~ please feel free to get in touch with my aide, Barbie Paredes at extension 6457. Best regards, JRE/bp 30 THIS PAGE INTENTIONALLY LEFT BLANK 31 IB OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Kathie Brooks, Interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Vice-Mayor September 19, 2012 Referral to Finance & Citywide Projects Committee regarding Business Tax Please place a referral item on the October 24, 2012 Commission Meeting Agenda to Finance & Citywide Projects Committee relating to the fo!lowing: • Business Tax receipt renewal notices • How we handle over • Reasons for miscalculations • Corrective action plan We trust that you will find all in good order. Should you have any questions, get in touch with my aide, Barbie Paredes at extension 6457. Best regards, JRE/bp ;n 32 feel to THIS PAGE INTENTIONALLY LEFT BLANK 33 IBE OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Ms. Kathie Brooks, Interim City Manager Mr. Jose Smith, City Attorney Mr. Rafael Granado, City Clerk Commissioner Deede Weithorn September 2012 Guarantee Deposits for Water and Sewer. MEMORANDUM The City of Miami Beach, its current service, or both issue a deposit to the Utility Beach has traditionally held this deposit until that new retail users for water service, sewer Department for new water installations. The of Miami of the account providing that there are no outstanding bills. Commissioner Deede Weithorn would like to refer a discussion item to the Finance Committee to consider new policy (similar to section (5) Guarantee Deposits/ order number 10-8 of the rules and regulations of the Miami- Dade Water and Sewer Department enacted on May 13, 2011) establishing criteria for the reimbursement of guarantee for those customers who have established a payment history on their water bHI. " ... deposits are returned according to the criteria: closing an account or after two years with no service cuts violations combined with a record of less than three late payments for a quarterly customer and less than five late payments for a monthly customer in a two year service "Deposits shall earn simple interest at a rate established by the Department, which rate shall be periodically reviewed .... Return of shall be in the form of a credit adjustment on the scheduled or final Should you have any questions and/or concerns Commissioner Weith om's office at extension 7105. Thank you, Commissioner Deede Weithorn's Office this referral, do not hesitate to contact ;( 34 THIS PAGE INTENTIONALLY LEFT BLANK 35 m Miami ~<:h, 1/00 Convention Center Drive, Miomr oeoch, 331 FROM: SUBJECT: Refer franchisor's Matti n Kathie Interim 2 ._,,,, ..... .._ TO FINANCE & CITYWIDE PROJECTS COMMITTEE -A DISCUSSION REGARDING AN AMENDMENT THE LEASE BETWEEN CITY AND PARTNERS, LOCATED 767 AMENDMENT REGARDING A ADDITIONAL LEASED PREMISES, A TO GRANT TO ADDITIONAL RESTROOM FACILITIES; AND A nail services within use additional facilities to comply with the master an Amendment to the the appropriate corresponding input in recommends the Mayor and matter to Committee for \2012\10-24-12\Massage Partners REFFERAL {10-8-i2),docx Agenda 36 THIS PAGE INTENTIONALLY LEFT BLANK 37 MIAMI BE OH!CE OF THE MAYOR AND COMMISSION DUM TO Interim City Michael DATE 2 38 THIS PAGE INTENTIONALLY LEFT BLANK 39 H OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager Rafael Granado, City Clerk FROM: Wanda Geist, Constituent Aide on behalf Of Mayor Matti H, Bower DATE: October 9, 2012 Referral to Neighborhoods Committee Please place a referral item on the October 24, 2012 Commission Meeting Agenda to the Neighborhoods Committee regarding the changing of the Bikeways Blue Ribbon Committee to a city committee. Should you have any questions or comments, please feel free to contact me. Regards, W. Geist on behalf of Mayor Matti Bower L. Wong Office Manager \1\le ore cornmWod fo pr(Nidfng 40 THIS PAGE INTENTIONALLY LEFT BLANK 41 City of Mlnmi ia®«Jch, l 700 Convention Center Drive,. Miami Seoch, Fiori do 33139, TO: FROM: DATE: SUBJECT Equipment or ,,..,,..,,..,""',. in use by COMMI to and 1 i 2\6-6-12\Referralto FCWPC -Disposition of Surplus Equipment. doc \) 42 ON MEMORANDUM A fully are no matter to THIS PAGE INTENTIONALLY LEFT BLANK 43 City of Miami Beoch, 1700 Convention Center Drive, Miami Beech, Horido 33139, TO FROM Kathie Brooks, Interim DATE 2012 SUBJECT the matter to BACKGROUND have Maintenance requirements by sidewalk COMMISSION MEMORANDUM City Commission 12, have been need to be reviewed and contained in the sidewalk Increasing civil and listed in City ] as a means to CONCLUSION The Administration recommends the and the Commission the matter to Neighborhood/Community Affairs Committee for""'"''~'-'"'"' and further direction. 44 MAYOR AND a er 45 Restaurant -for purposes of this division only, means a food service establishment that is maintained and operated as a place where food and/or beverages are prepared and/or served and sold for consumption within the premises, or a business establishment which has, as an ancillary or secondary use, a part thereof where food and/or beverages are prepared and/or served and sold for consumption within the premises. No sidewalk cafe permit shall be issued to a restaurant whose occupational license or certificate of use is limited to take-out service and does not have inside seating. Right-of-way -means land in which the state, the state department of transportation, the county or the city owns the fee or has an easement devoted to or required for use as a transportation facility or street. Sandwich board sign -means a freestanding, A-frame structure located on a sidewalk or street which may be affixed in position or is collapsible and which contains a sign (as defined in section 114-1 ). Sidewalk -means that portion of the right-of-way which is located between the curb line or the lateral line of a street and the adjacent property line and which is intended for use by pedestrians; provided that on Lincoln Road Mall, a sidewalk shall mean a right-of-way as defined in this section, but shall only refer to that area between the property line and the centerline of the right-of- way, exclusive of landscaped areas and a twelve (12) foot-wide clear path for emergency and maintenance vehicular access. Sidewalk cafe -means a use located on a right of way which is associated with a restaurant and is primarily characterized by tables and chairs; may be shaded by awnings, canopies or umbrellas; and may include such other sidewalk cafe furniture (as hereinafter defined) as permitted and/or approved pursuant to this division. Sidewalk Cafe Furniture -means those non-permanent fixtures, furnishings and equipment associated with the operation of a sidewalk cafe and approved pursuant to this division including, without limitation, tables, chairs, umbrellas, planters, heaters, fans, rolling service stations, service carts, bussing stations, and menus and/or specials boards. Sidewalk cafe site map -means a city-approved map detailing the location of the pedestrian pathway as it relates to a sidewalk cafe. Sign -shall have the same meaning as provided for in section 114-1. Specials board-means a board allowing for the posting of a restaurant's daily specials and fabricated in such a manner so as to not constitute a form of advertising or establishment identification. The location, size, design, 46 ) materials and color of the specials board shall be approved by the City Manager and shall be shown on the sidewalk cafe site plan. Specials boards shall be no larger than six (6) square feet; may not be internally illuminated; and the top of the board shall not exceed five feet six inches (5'6") from grade. The specials board shall not be a sandwich board sign (as defined herein). Street-means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic and/or parking. Sec. 82·367. Declaration of necessity and intent. It is hereby found and declared that: (a) There exists the need for outdoor eating establishments (sidewalk cafes) in certain areas of the city to provide a unique environment for relaxation and food and/or beverage consumption. (b) The existence of sidewalk cafes encourages additional pedestrian traffic to these areas. (c) The presence of sidewalk cafes may thus impede the free and safe flow of pedestrian traffic. (d) There is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas. (e) The establishment of permit conditions and safety standards for sidewalk cafes is necessary to protect and promote the general health, safety and welfare of the residents of the city. (Ord. No. 92-2808, § 1(39-28), 10-8-92; Ord. No. 97-3092, § 1(39-28), 9-10- 97) Sec. 82-368. Removal and storage fees; disposition of property. If, pursuant to this division, the city removes, relocates, and/or stores any sidewalk cafe furniture, the permittee shall be responsible for the reasonable expenses incurred by the city for the removal, relocation, and/or storage of all such sidewalk cafe furniture. The City Manager shall promulgate and review, as needed, regulations regarding the storage and disposition of sidewalk cafe furniture under this division. The city and its officers and employees shall not be responsible for any damage to or loss of any sidewalk cafe furniture removed, relocated and/or stored pursuant to this division. (Ord. No. 97-3092, § 1(39-36), 9-10-97) Sec. 82-369. Appeals from the decision of the City Manager. Appeals from decisions of the City Manager made pursuant to this division shall be to the special master in accordance with the procedures set forth in 47 sections 30-72 and 30-73 hereof. Appeals from the decisions of the special master shall be to a court of competent jurisdiction by petition for writ of certiorari. (Ord. No. 92-2808, § 1(39-38), 10-8-92; Ord. No. 97-3092, § 1(39-37), 9-10- 97) Sec. 82-370. Notice of violation. (a) Code compliance officers shall issue twenty four (24) hour warning notices for all non-life safety violations of this division. (b) No warning notices shall be required prior to the issuance of life safety violations and/or sidewalk cafe site plan violations, and such violations shall be corrected immediately. Life safety violations are defined as those conditions which, in the reasonable determination and judgment of the City Manager, involve serious danger and/or risk to the public health, safety or welfare (including, without limitation, blocking pedestrian pathways and violations of the state accessibility code for building construction). Site plan violations are defined to include those instances where the permittee is operating outside of the permitted sidewalk cafe area (as approved pursuant to Section 82-382(b )(6)) and shall include a table or tables set up outside the approved boundaries of the sidewalk cafe site plan, and/or umbrellas, heaters, fans, bussing stations and other sidewalk cafe furniture found to be outside the approved site plan; but shall not be deemed to include instances where a chair or chairs are moved outside the approved boundaries of a site plan by a sidewalk cafe patron(s). (c) If a code compliance officer finds a violation of this division, such code compliance officer shall issue a notice of violation to the violator as follows: 1. For non-life safety violations of this division (where a 24-hour notice has been previously issued within the preceding sixty (60) days for the same violation)-a violation will be issued. 2. For life safety violations of this division and for site plan violations -no 24-hour warning notice is required, and a violation may be issued at any time. Sec. 82-371. Civil fines and penalties; denial of future permits to repeat violators. (a) The following civil fines and penalties shall be imposed for violations of this division: (1) First Violation ................................................... $1 00.00 48 (2) Second violation within the preceding twelve (12) months .............................................................. $250.00 (3) Third violation within the preceding twelve (12) months .... ··················· ................................................. $500.00 (4) Fourth within the preceding twelve (12) months ........ $750.00 (5) Fifth violation within the preceding twelve (12) months-a fine of $1 ,000 and suspension of the sidewalk cafe permit for one weekend (Saturday and Sunday) (6) Sixth violation within the preceding twelve (1.2) months - a fine of $1,000 and revocation of the sidewalk cafe permit for the remaining portion of the permit year (7) Failure to apply for permit -termination of sidewalk cafe operations (8) Failure to renew permit -suspension of sidewalk cafe operations (b) A permittee who has been issued more than six (6) violations pursuant to this division within a permit year s_hall be prohibited from applying for and obtaining ·a sidewalk cafe permit for a period of two (2) consecutive permit years, following the permit year in which the applicant/permittee incurred the aforestated violations. Sec. 82-372. Rights; payment of fine; right to appeal; failure to pay civil fine or to appeal. (a) A violator who has been served with a notice of violation shall elect either to: (1) Pay the civil fine in the manner indicated on the notice,; or (2) Request an administrative hearing before a special master, to appeal the decision of the code compliance officer which resulted in the issuance of the notice of violation. Warnings may not be appealed. (b) The procedures for appeal shall be as set forth in sections 30-72 and 30-73 hereof. (c) Failure of the named violator to appeal the decision of the code compliance officer within ten (1 0) days after the date printed on the notice of violation shall constitute a waiver of the violator's right to administrative hearing. A waiver of the right to administrative hearing shall be treated as an admission of the violation, and penalties shall be assessed accordingly. ' (d) Any party aggrieved by the decision of a special master may appeal that decision to a court of competent jurisdiction by petition for writ of certiorari. (Ord. No. 92-2808, § 1(39-41), 10-8-92; Ord. No. 93-2897, § 2, 12-15-93; Ord. No. 97-3092, § 1(39-40), 9-10-97) 49 _____ / Sec. 82-373. Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure. (a) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. (b) A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator, and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two (2) months from the filing of any such lien which remains unpaid, the city may foreclose or otherwise execute on the lien. (Ord. No. 92-2808, § 1(39-42), 10-8-92; Ord. No. 97-3092, § 1(39-41), 9-10- 97) Sees. 82-374--82-380. Reserved. Sec. 82-381. Permitted areas; conditional permit; City Manager's right to remove sidewalk cafes. (a) Sidewalk cafes shall only be located where permitted by the city's zoning ordinance and land development regulations, as same may be amended from time to time. (b) The approval and issuance of a sidewalk cafe permit is conditional at all times. (c) It shall be unlawful for any person to operate a sidewalk cafe without a valid permit as required by this division. (d) The City Manager shall have the right to immediately remove, after 24- hours written and/or verbal notice to the permittee, any sidewalk cafe furniture used in connection with a sidewalk cafe which is operating without a valid permit. (e) The City Manager may cause the immediate removal, relocation and/or storage of all or part of a sidewalk cafe in emergency situations or for public safety considerations. (f) The City Manager may require the temporary removal and/or relocation of all or part of a sidewalk cafe when street, sidewalk, or utility repairs, or other public construction, necessitates such action. If such temporary removal exceeds fifteen (15) days, the City Manager 50 shall pro-rate the remarnrng permit fee for each additional day the ,-----· sidewalk cafe (or portion thereof) is removed and apply a credit toward the following year's permit fee or, upon written request by the permittee, refund the remaining fee to the permittee. (g) Upon written and/or verbal notification by the City Manager of a hurricane or other major weather event, or the issuance of a hurricane warning by Miami-Dade County, whichever occurs first, the permittee shall, within no more than four (4) hours of same, remove and place indoors all tables, chairs and any other sidewalk cafe furniture located on the right of way. The notification by the City Manager of a hurricane or other major weather event, or the issuance of a hurricane warning, shall constitute a public emergency situation as referenced in this division. The City Manager may remove, relocate, and/or store any sidewalk cafe furniture found on the right of way that has otherwise not been removed by the permittee pursuant to this subsection. Any and all costs incurred by the city for removal, relocation and/or storage of sidewalk cafe furniture shall be the responsibility of the permittee. Sidewalk cafes will not re-open for business following a hurricane or other major weather event until notified by the City Manager. Violation of this subsection (g) shall result in the issuance of an immediate $1000.00 fine, and/or suspension, for up to thirty (30) days, of the sidewalk cafe permit. Sec. 82-382. Application. (a) A sidewalk cafe permit shall be effective for one year, from October 1 until September 30 of the following year. (b) Application for a permit to operate a sidewalk cafe shall include, but not be limited to, the following information: (1) The name, address and telephone number of the applicant/permittee. (2) The name and address of the business establishment seeking a permit to operate the sidewalk cafe ( including the name and address of the restaurant). (3) A copy of a valid city occupational license to operate the restaurant in front of which the proposed sidewalk cafe will be operating. The total count of chairs to be utilized for the restaurant must include the number of chairs used in conjunction with the sidewalk cafe and the number of chairs inside the restaurant, as authorized by the license. (4) A copy of a valid certificate of use for the restaurant in front of which the proposed sidewalk cafe will be operating. 51 ''-.......__../ (5) Copies of current certificates of insurance, in the amounts and categories required by Section 82-386. (6) A site plan signed and sealed by a duly licensed architect or engineer which accurately depicts the layout and dimensions of the existing sidewalk area and adjacent private property; proposed location, size and number of tables, chairs, umbrellas, and any other sidewalk cafe furniture; and location of doorways, steps, trees and/or landscaped areas, fountains, parking meters, fire hydrants, bus shelters, directory/kiosks, public benches, trash receptacles, and any other existing public fixtures, furnishings and/or other obstruction(s), within the proposed sidewalk cafe area. The sidewalk cafe site plan shall be approved by the City Manager prior to the issuance of a sidewalk cafe permit and the permit shall be specifically limited to the subject area shown on the approved site plan. (7) Photographs, drawings or manufacturers' brochures fully describing the appearance and dimensions of all proposed tables, chairs, umbrellas, and any other sidewalk cafe furniture related to the operation of the sidewalk cafe. Tables, chairs, umbrellas, and any and all other sidewalk cafe furniture shall be approved by the City Manager prior to the issuance of a sidewalk cafe permit. · (8) A copy of the approved sidewalk cafe site plan, shall be maintained on the permittee's premises and shall be available for inspection by city personnel at all times. (9) The annual application shaH be accompanied by a non-refundable base application fee as set forth in appendix A. (10) Applications shall be reviewed for compliance with applicable city, state and federal laws, and must be reviewed and approved by the city's public works department; fire department; office of risk management; finance department; planning and zoning department; and building department. (11) Prior to issuance of a sidewalk cafe permit, the city's chief financial officer shall certify that there are no outstanding fines, monies, fees, taxes or other charges owed to the city by the applicant/permittee and/or the business establishment/restaurant. A sidewalk cafe permit will not be issued until all outstanding debts to the city are paid in full. (12) No sidewalk cafe permit shall be issued to a restaurant whose occupational license or certificate of use is limited to take-out service and does not have inside seating. (13) A sidewalk cafe permit may not be transferred and/or otherwise assigned. A new owner and/or operator of a restaurant and/or 52 ,.r---- l I -~ business establishment with a sidewalk cafe permit will be required to apply for and obtain a new permit. (14) The permit covers only the public right of way. Tables and chairs on private property will be governed by other applicable regulations. No outdoor seating authorized pursuant to this division shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of, a liquor license; nor shall the outdoor seating be used as the basis for computing required seating for restaurants, or as grounds for claiming exemption from such requirements under the provisions of any applicable city, county, and/or state law. (15) Sidewalk cafes shall comply with all applicable accessibility codes including, without limitation, the Americans with Disabilities Act (ADA), and state code provisions ·addressing accessibility for building construction, as same may be amended from time to time. (c) Renewals. As provided in Section 82-371 (b), a permittee who has been issued more than six (6) violations pursuant to this division within a permit year, shall be prohibited from applying for and obtaining a sidewalk cafe permit for the following two (2) consecutive permit years. Sec. 82-383. Permit fee; penalties for late payments; review of fee. (a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix A, and shall be based on a per square foot calculation of permitted sidewalk area (including the area between the tables and chairs). (b) The City Manager, in his reasonable discretion and judgment, may suspend or prorate the annual permit fee in cases of public construction or public emergency situations. (c) The permit fee shall be paid on or before October 1, and shall cover the time period from October 1 through September 30 of the following calendar year (permit year).lf the permit fee exceeds $2,000.00, the fee may be paid in two semi-annual installments, with the first installment due on October 1, and the second due on April 1. No permit shall be issued for any portion of a year, but any person/entity operating a sidewalk cafe for a period beginning after the commencement date of the full permit year (October 1) may obtain a permit for the remaining portion of that permit year upon payment of a pro-rated portion of the permit fee calculated from the first day of the month of issuance of the permit to the end of the permit year. Except as expressly provided in this division, no refund of the permit fee shall be granted. 53 J '~ (d) Late payments for permit fees shall accrue at the rate of ten ( 1 0%) percent per annum for the first thirty (30) days. If the permit fee is not paid within sixty (60) days after it is due, the permit shall terminate automatically. Any continued operation of a sidewalk cafe after termination of a permit shall be construed as operating a sidewalk cafe without a valid permit, and the City Manager shall have the right to remove, upon 24-hours written and/or verbal notice to the permittee, any and all sidewalk cafe furniture used in connection with the sidewalk cafe. (e) As provided in Resolution No. 2003-25299, a review of the annual permit fee will be required whenever the change in the Consumer Price Index (CPI), between the latest CPI and the date of the CPI used for the last fee adjustment, is five percent (5%) or greater. Ord. No. 92-2808, § 1(39-30), 10-8-92; Ord. No. 95-2999, § 1, 6-21-95; Ord. No. 97-3092, § 1(39-31), 9-10-97; Ord. No. 98-3146, § 1, 10-21-98; Ord. No. 2000-3237, § 2, 4-12-00; Ord. No. 2003-3397, § 1, 2-26-03; Ord. No. 2003- 3423, § 1, 7-30-03) Editor's note: Ord. No. 2003-3397, § 1, adopted February 26, 2003, changed the title of § 82-383 from "Fee; renewal fee; penalties for late payments for renewal fee" to "Fee; renewal fee; penalties for late payments for renewal fee; exception." Sec. 82-384. Permitted sidewalk cafe frontage; requests for expansions. (a) Sidewalk cafes are restricted to the sidewalk frontage of the restaurant to which the permit is issued or, if the restaurant is an ancillary and/or secondary use to another type of business establishment, the sidewalk cafe shall be restricted to the sidewalk frontage of the building (or portion thereof) of the "primary" business establishment (within which the restaurant is located). Only a restaurant whose premises are on a ground floor adjacent to and fronting the sidewalk may be issued a sidewalk cafe permit. (b) An applicant for a sidewalk cafe permit may be permitted, upon prior written request by the permittee to the City Manager, to extend by a maximum total of fifty (50) feet in the right-of-way on one side and/or the other side of the restaurant to which the permit is issued (or of the business establishment where the restaurant is located); the permittee shall make written. application to the City Manager setting forth the reason(s) for the proposed expansion and provide a site plan showing the proposed expansion. All requests for expansions pursuant to this subsection (b) shall be reviewed by the City Manager on a case by case basis. In reviewing such requests, the City 54 Manager, in making his determination to approve or deny, shall consider the following: (i) Pedestrian access (ii) Visibility of the front of the adjacent owner's business (iii) Obstructions (iv) Accessibility to the adjacent owner's business by patrons (v) The City Manager, shall solicit input from businesses and property owners on the same block including, without limitation, the immediately adjacent (i.e. next door) .business and property owners. (vi) The City Manager shall provide written notice to the adjacent business establishment (tenant) and property owner on to whose frontage the sidewalk cafe proposes to expand. The notification shall include the following information: the name and address of the permittee/business establishment requesting the expansion; the approximate location and size of the area requested; and the name and address of the city official and/or employee to forward comments to, and the time period within which to forward said comments (which time period shall be no less than fourteen (14) days). Said notice shall be sent, as to the adjacent business establishment (tenant), to the name and address on file with the city for the establishment's occupational license and, for the property owner, to the name and address identified in the records of the Miami-Dade County Property Tax Appraiser's Office. Any objections not submitted and received by the city within the date provided in the notice shall be deemed waived. (vii) The City Manager may also consider any history of violations and/or warnings pursuant to Section 82-371. In the event of approval by the City Manager to expand a sidewalk cafe pursuant to this subsection (b), the additional square footage will be computed into the new permit fee. Notwithstanding the City Manager's approval of a sidewalk cafe expansion pursuant to this subsection (b), in the event that the adjacent business establishment and/or property owner (on to which a sidewalk cafe has expanded) subsequently elects to apply for a sidewalk cafe permit to operate a cafe in front of its premises, that new applicanUpermittee shall provide the City Manager with notice of such intent stating the applicant's name; the property address; the name of the business establishment and/or the restaurant (of which the cafe is a part of); and the anticipated opening date. The city will provide the 55 business establishment (tenant) and property owner which is currently expanding into the proposed new applicant/permittee's frontage with a courtesy copy of the notice. Following receipt of said written notice by the city, and provided that the new applicant/permittee obtains a sidewalk cafe permit, as well as any other required permits and/or licenses for operation of the business establishment and/or restaurant associated with the proposed new sidewalk cafe, then the City Manager's prior consent for expansion shall terminate, and the City shall provide written notice to the adjacent sidewalk cafe permittee advising it of such termination, and providing a termination date therefore. The city's notice shall provide the adjacent property owner with at least seven (7) calendar days prior to the effective date of termination of the expansion. Upon the termination date of the city's consent to expansion, the sidewalk cafe permit and the permit fee will be adjusted accordingly. (c) In the case of sidewalk cafes on Lincoln Road, an expansion of a sidewalk cafe across the centerline of Lincoln Road Mall may also be permitted. The permittee shall make written application to the City Manager setting forth the reason for the proposed expansion and provide a site plan showing the proposed expansion. Requests for expansions pursuant to this subsection (c) shall be reviewed by the City Manager on a case by case basis. In reviewing such requests, ) the City Manager shall consider the following: (i) the applicant/permittee would otherwise be significantly deprived of the use of the right of way for which the sidewalk cafe permit is sought; (ii) there are special circumstances and conditions that exist, which were not self-created by the applicant/permittee, and are peculiar to that portion of the right of way, and are not generally applicable to other rights of way in the immediate area; (iii) the granting of the expansion is the minimum that will allow the applicant/permittee's reasonable use of the area for its sidewalk cafe operations; and (iv) the granting of the expansion will not significantly impair the ability of pedestrians on that particular portion of Lincoln Road Mall to walk comfortably from one side of the Mall to the other. In the event of approval by the City Manager to expand a sidewalk cafe pursuant to this subsection (c), the additional square footage will be computed into the new permit fee. 56 57 (h) (!) 58 on area. (m) or 59 (1) 60 I ...__/ of such area(s), on a case by case basis, and only for a defined, limited time. Sec. 82-386. Indemnification and insurance. (a) The permittee agrees to indemnify, defend, save and hold harmless the city, its officers and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the permit or the permittee's activity on the public right of way. (b) The permittee agrees to meet and maintain for the entire permit period, at its own expense, the following requirements: ( 1) Commercial general liability insurance in the amount of $1,000,000.00 per occurrence for bodily injury and property damage. The city must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (2) For sidewalk cafes which serve alcoholic beverages, liquor liability insurance in the amount of $1,000,000.00 per occurrence for bodily injury and property damage. The city must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (3) Workers' compensation and employers' liability as required by the state. (c) All policies must be issued by companies authorized to do business in the state and rated B+:VI or better per Best's Key Rating Guide, latest edition. (d) The city must receive 30 days' written ·notice prior to any cancellation, non-renewal or material change in the coverage provided. (e) The permittee must provide and have approved by the city an original a certificate of insurance as evidence that the requirements set forth in this section have been met prior to commencing operations. (f) Failure to comply with these requirements shall be deemed to be operating without a valid permit and shall cause an immediate suspension or revocation of the permit. 61 SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the 22°d day of March, 2008. PASSED and ADOPTED this 1ih day of March, 2008. ATTEST: * ROBERT PARCHER CITY CLERK * MATTI HERRERA BOWER MAYOR \ / * Original signatures on file in the City Clerk's Office "---' 62 THIS PAGE INTENTIONALLY LEFT BLANK 63 of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 IO: FROM: DATE: SUBJECT: Budget Advisory Committee (BAC) the plans in an of costs to budget within set guide!!nes and for Over the year, held twenty to accomplish by developing an approach following components: Agenda 64 Page2 • Develop an understanding of the City's current pension plans benefits and costs for the Fire and Police Pension Plan and the Miami Beach Employees' Retirement Plan (for General employees) from the perspective of legal counsel, the City's actuary, the City Manager and the pension plan administrator for each of the City's pension plans (the Fire and Police Pension Plan and the Miami Beach Employees' Retirement Plan -MBERP). • Solicit input from the City's collective bargaining groups and employees. • Survey comparative jurisdictions in the region regarding pension plan costs and benefits. • Develop draft policies and guidelines to guide management of the City's pension plans into the future, (a copy of which is attached for your review). • Identify and review options of potential changes to the Fire and Police Pension Plan based on 6 major categories, namely: o Florida Retirement System (FRS) o Defined Benefit similar to FRS, including a Social Security equivalent o Hybrid Plans with both, a defined benefit and a defined contribution component o Changes to the existing plan with a combination of past service benefits and benefits earned prospectively o Freezing the existing plan and defining new benefits based on Florida Statute Chapter 175 and 185 minimum benefits to continue receiving premium taxes o Changes to the existing plan to reflect the savings associated with plan changes included in the 2010 collective bargaining agreements with the International Federation of Fire Fighters (IAFF) and the Fraternal Order of Police (FOP) that have not yet been implemented by the Fire and Police Pension Board • Evaluate the cost impacts of potential options • Develop Recommendations On April 17, 2012, by a majority vote of 7-2, the BAC approved a motion for the Committees' final recommendation on pension reform for the Fire and Police Pension Plan which are currently being discussed through the bargaining process. In addition, the BAC recommended a set of policies and guidelines. The GFOA best practices for developing policies for retirement plans state the following: • Purpose of the retirement plan (e.g., level of replacement income and purchasing power retention); • Ability of public retirees to contribute to the economic viability of their community and not become a financial liability to the community in which they live due to inadequate retirement income; • Organization's philosophy regarding employer and employee responsibilities in preparing for retirement; • Availability of Social Security, retiree medical benefits, disability and survivor benefits and supplemental (e.g. 457) savings plans; • Costs, including the employer's ability to sustain payments and perhaps increase benefits over time and cost predictability; • Labor market considerations such as competitive environment, workforce mobility, length of employee service and recruitment and retention of employees; • Investment risk and control, including how investment risk is allocated between employer and employee; • Portability of benefits; • A plan design that can be communicated to and understood by plan participants; 65 Page3 • Employee educational efforts; and • Advantages of the different types of plans (e.g., defined benefit, defined contribution and hybrid). CITY OF MIAMI BEACH RECOMMENDED POLICIES AND GUIDELINES As part of the evaluation for Pension Reform in the City of Miami Beach, the Budget Advisory Committee (BAC) is recommending policies for long term pension reform. The BAC is also recommending guidelines for the City to adopt which establish thresholds which if surpassed will require the City to take prompt and appropriate measures to meet the guideline criteria. The policies and guidelines address four perspectives: (1) Affordability and Sustainability, (2) Appropriate Benefits to Provide to Employees, (3) Recruitment and Retention, and (4) Management of Risk/Risk Sharing. These policies and guidelines were adopted unanimously by the BAC. Affordability and Sustainability • GUIDELINE STATEMENT: If the City's portion of the total annual cost of retirement benefits contribution exceeds 25 percent of payroll for general employees and 60 percent of payroll for high risk employees, the City should review and evaluate potential changes to the collective bargaining agreements between the City and the Unions, applicable towards the next contract negotiations, in order to identify potential approaches to reduce the contributions to these levels over the long term. • POLICY STATEMENT: The City shall fund at least the normal cost of pension. If this exceeds the amount of the actuarially determined annual required contribution, the excess should be placed in a pension stabilization fund, to be made available for future pension shortfalls. • POLICY STATEMENT: The City should strive to maintain a funded ratio of at least 80 percent for each of its defined benefit pension plans. • GUIDELINE STATEMENT: If the funded ratio (actuarial value of assets minus actuarial liabilities) of either of the City of Miami Beach's pension plans falls below 70 percent, the City should strive to implement approaches to increase the funded ratio to that level over five (5) years. • POLICY STATEMENT: Salary growth should not exceed the average actuarially assumed salary growth in each of the City's pension plans. • POLICY STATEMENT: The City should require 5, 1 0 and 20 year projections of required pension contributions as part of the annual actuarial valuations for each of the City's pension plans. These projections shall be based on the current actuarial assumptions for each plan. The projections shall be updated to reflect the cost of any proposed benefit enhancement before the City Commission 66 Page4 agrees to the enhancement. The cost of these studies shall be funded separately from the annual contribution to the pension plan. • POLICY STATEMENT: There shall be an experience study of each of the City's pension plan's actuarial assumptions performed by an actuary that is independent from the pension board. The experience study should be conducted at least once every three (3) years, to compare actual experience to the assumptions. The independent actuary shall make recommendations for any changes in assumptions based on the results of the experience study, and any deviations from those assumptions by the pension board shall be justified to the City Commission. • POLICY STATEMENT: Once pension reform is implemented, a 5/7th vote of the City Commission should be required for any further pension changes. Appropriate Benefits to Provide to Employees • POLICY STATEMENT: The City of Miami Beach should strive to provide a retirement benefit that provides for a replacement of salary at a level at least equivalent to Social Security plus a supplemental retirement benefit. • POLICY STATEMENT: The City of Miami Beach retirement benefits should be adjusted periodically after retirement to reflect the impacts of inflation, with rates no more than the Consumer Price Index for All Workers-CPI{W), that is subject to City Commission approval and with a maximum of 3 percent annually. Recruitment and Retention • POLICY STATEMENT: The City of Miami Beach should strive to provide retirement benefits that ensure that the City is competitive in the recruitment and retention of employees. Management of Risk/Risk Sharing • POLICY STATEMENT: The City of Miami Beach should strive to share some portion of retirement benefit risk with employees. • GUIDELINE STATEMENT: If the City's contribution to a defined pension benefit plan exceeds 25 percent of payroll for general employees and 60 percent of payroll for high risk employees, the employee contribution should be reviewed. The Supporting Rational and Data for the Proposed Guidelines and Policy Statements are provided in the attachment. KGB:CG/pw Attachment t:/agenda/2012/commission pension memo 67 Supporting Rationale and Data for Proposed Guidelines and Policy Statements 68 City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements AFFORDABILITY AND SUSTAINABILITY GUIDELINE STATEMENT: • If the City's portion of the total annual cost of retirement benefits contribution exceeds 25 percent of payroll for general employees and 60 percent of payroll for high risk employees, the City should review and evaluate potential changes to the collective bargaining agreements between the City and the Unions, applicable towards the next contract negotiations, in order to identify potential .., approaches'to reduce the contributions to these levels over the long term. POLICY STATEMENT: • The City shall fund at least the normal cost of pension. If this exceeds the amount of the actuarially determined annual required contribution, the excess should be placed in a pension stabilization fund, to be made available for future pension shortfalls. Background/Rationale: Pension plans require annual contributions from plan sponsors (i.e., municipal governments) and participants in order to maintain their funding levels. Ideally, those contributions are only necessary to pay for future benefits that were earned by participants in the current year. That amount is referred to as the normal contribution. Normal contributions increase as plans provide more generous benefits, make benefits available to more individuals and reduce the number of years someone needs to work or lower the age when the plan will begin to pay benefits. Underfunded pension plans require an additional contribution in order to eventually eliminate their unfunded liabilities. When pension plans are underfunded, annual contributions need to include the normal contribution and an additional contribution to pay down the unfunded portion of the liability. Therefore, if two pension plans have equal benefit policies and equal employee characteristics but one is 75 percent funded and the other is 100 percent funded, the plan that is 75 percent funded will require a larger annual contribution in order to pay down its unfunded liability. Plan sponsors do not have to make up the entire unfunded portion of the liability in a single year. In most cases, that amount would be too costly for governments to pay in full. Instead, a professional actuary establishes a payment schedule that allows the sponsor to pay off the unfunded portion of the liability over as many as 30 years. In short, plans with large unfunded liabilities will pay more in annual pension costs. The combination of the normal cost funding requirement and the payment for amortization of the unfunded liability results in a combined annual required contribution (ARC) that the City is required to pay to each pension plan for the next fiscal year. Typically, this is expressed as a percent of the payroll applicable to the particular pension plan to allow comparability from year to year, as well as, to other pension plans. 1 69 Current Conditions: City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements The City of Miami Beach pension contributions as a percent of payroll as of the 1 0/1/10 valuation reports: Fire and Police Pension Plan: 72.76%% Miami Beach Employees Retirement Plan: 25.02% Fire and Police Pension Plan Normal Cost: 32.59%% Miami Beach Employees Retirement Plan Normal Cost: 10.80% At this time, the negotiated changes to the Fire and Police Pension Plan are under litigation. However, the projections provided by the Fire and Police Pension Plan actuary regarding the impact of changes collectively bargained for new employees were minimal. In addition, assuming all actuarial projections were met from FY 2010/11 forward, the ARC as a percent of payroll is projected to increase to 81.05% by Fiscal Year 2017 contribution. The Miami Beach Employees Retirement Plan (MBERP) Actuary projected that the 2010 changes to the plan for new employees would decrease the unfunded liability payment by approximately $6 million -5. 78% of payroll after 10 years. Even with this decrease, and assuming all actuarial projections were met from FY 2010/11 forward, the ARC as a percent of payroll is projected to increase to 37.12% by Fiscal Year 2017, declining each year thereafter. Comparison to Florida Retirement System and Comparative Local Jurisdictions: T t I o a annua emp oyer cos t f f o re 1remen t b ft t "b f f ene 1 s conn u 1on as a percent o payro II Jurisdiction High Risk Employees General Employees Boca Raton 52.72% 19.81% Coral Gables 49.1% Coral Springs Police: 87.98% Fire 28.02% Fort Lauderdale 49% 32.75% Plan closed for new hires 10/1/2007-3/5/2008 Now defined contribution Hialeah 32.59% Hollywood Police: 84.41% 36.14% Fire 127.03% (Plans are now frozen for (Plans are now frozen and new General Fund Employees and plans with lower benefits new plans with lower benefits became effective 10/1/11) became effective 10/1/11) 2 70 North Miamt North Miami Beach Pom~=>ano Tamarac FRS (Includes Coconut City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements 30.21% 32.14% 55.3% 25% 38.59% 21.39% 55.45% 28.8% 14.1% 7/1/11 4.91%7/1/11 Creek, 19.56% 7/1/12 6.58%7/1/12 Cooper City, Miami Gardens, Miami-Dade County, Miami Lakes, Pinecrest and Wilton Manors) 3 71 POLICY STATEMENT: City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements • The City should strive to maintain a funded ratio of at least 80 percent for each of its defined benefit pension plans. GUIDELINE STATEMENT(S): • If the funded ratio (actuarial value of assets minus actuarial liabilities) of either of the City of Miami Beach's pension plans falls below 70 percent, the City should strive to implement approaches to increase the funded ratio to that level over five (5) years. Background/Rationale: Each year, the City receives independent actuarial reports for each of the City's two pension plans. The actuarial valuation of the pension plan is a mathematical determination of the financial condition of the plan, which includes: the computation of the present monetary value of benefits payable to present members, the present monetary value of future employer and employee contributions, considering the expected mortality rates among employees and retirees, rates of disability, retirement age, withdrawal from service, salary increases, investment earnings and value of assets. As part of the annual actuarial valuation for each plan based on plan data as of October 1, the Actuary evaluates how the actual data for the preceding year compared to the actuarial valuation for that year. Any differences are reflected as gains or losses in unfunded liability. The unfunded liability for a plan is the difference between the benefits earned (accrued) and the assets of the plan on a given date, and is typically amortized and funded over 30 years. The amortization methodology varies by plan. In the Fire and Police Pension Plan, the amortization is based on increased payments in proportion to assumed future payroll growth. In the MBERP, an assumption of level amortization payments is used. The unfunded liability of the plan is the actuarial accrued liability less the plan actuarial assets. This amount is expected to have year-by-year fluctuations; however, if the plan's assumptions are consistent with the plans long-term experience, the changes in the unfunded liability should be offsetting over the life of the plan. In contrast to the market value of the pension plan assets, the actuarial value of the pension plan assets is equal to the market value of the assets at a specific data, adjusted to reflect a five-year phase-in (or smoothing) of any asset experience gain or loss. The five-year smoothing of pension plan asset value means that only 20 percent of the experience gain or loss that the fund experiences in any one year is recognized immediately for the purpose of determining the actuarial value of the plan and the annual required contribution. The percent of the actuarial accrued liability funded is a measure of a pension fund's fiscal health. It compares assets to pension obligations. A percentage over 100% means that the fund has more money than it needs to meet its obligations at that point in time. 4 72 Current Conditions: City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements City of Miami Beach funding levels as of the 10/1/10 valuation reports: Fire and Police Pension Plan: 64.3% Miami Beach Employees Retirement Plan: 74.4% Comparison to Florida Retirement System and Comparative Local Jurisdictions: Funded Ratio Jurisdiction High Risk Employees General Employees Boca Raton 70.26% 91.38% Coral Gables 57.5% Coral Springs Police 77.77% Fire: 79.65% Fort Lauderdale 77.4% 70.7% Plan closed for 1 0/1/2007-3/5/2008 new Now defined contribution Hialeah 75.03% 75.03% Hollywood Police 53.5% 63.78% Fire 37.6% (Plans are now frozen hires for (Plans are now frozen and new General Fund Employees and plans with lower benefits new plans with lower benefits became effective 1 0/1/11 ) became effective 10/1/11) North Miami 68.6% 75.6% North Miami Beach 61.6% 70.3% Pompano 69.8% 74.2% Tamarac 63.3% 77.96% FRS (Includes Coconut Creek, 87.1% Cooper City, Miami Gardens, (7/1/11) Miami-Dade County, Miami Lakes, Pinecrest and Wilton Manors) Other Information: The United States Postal Service Office of the Inspector General (June 18, 201 0) concluded that 80 percent prefunding of pensions is reasonable based on the following: • The Standard and Poor's companies' (S&P 500) median prefunding level for pensions in 2009 was 79 percent of liabilities. From 2001 through 2009, S&P SOD's pension median prefunding ranged from 73 to 112 percent. 5 73 City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements • The aggregate prefunding for states' pensions in 2008 was also 79 percent. From 2001 through 2009, state governments' aggregate pension prefunding ranged from 59 to 90 percent. The Government Accountability Office (GAO) reported that many experts consider at least 80 percent prefunding to be sound for government pensions. (Source: The GAO's State and Local Government Retiree Benefits Current Funded (5); The GAO's State and Local Government Retiree Benefits Current Funded Status of Pension and Health Benefits, January 2008.) The Pension Protection Act of 2006 considers pensions prefunded at less than 70 percent as being "at risk" and attempts to protect such plans by commencing restrictions on corporate pension funds only when prefunding is below 80 percent. The 2011 report prepared by the Leroy Collins Institute at Florida State University for pension systems across Florida assigned the following grades to pension plans based on percent funded. GRADE PERCENT FUNDED A More than 90% funded B 80 to 90% funded c 70 to 80% funded D 60 to 70% funded F Less than 60% funded The following cities scored an "F" grade, according to the institute's study: Boynton Beach, Cooper City, Fort Myers, Hollywood, Homestead, Jacksonville, Miramar, Oakland Park, Ocala, Oviedo, Palm Beach Gardens, Panama City, Parkland, Plant City, Port Orange, Tamarac, Temple Terrace, Venice and Winter Haven. The highest rated was Melbourne's general employee plan with 190.1 percent funding, while Cooper City's general employee and police pension fund sat at the bottom with 35.48 percent funding. Pension funds that exceeded the 100% funded mark --Tallahassee's general, Clearwater's firefighters, Gainesville's general, Key West's general, Palm Coast's firefighters, Plantation's firefighters and Rockledge's general and police funds --have more than enough money in the bank to cover projected payouts to former and current employees. The federal government has funded its combined Civil Service Retirement System (CSRS) and Federal Employee Retirement System (FERS) pension obligations at only 41 percent of liabilities and the military's prefunding for pensions is only 24 percent (Source: US Postal Service Office of The Inspector General Report of Pension Funding, 201 0). 6 74 City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements POLICY STATEMENT(S): • Salary growth should not exceed the average actuanally assumed salary growth in each pension plan. Background/Rationale: Each year, the City receives independent actuarial reports for each of the City's two pension plans. The actuarial valuation of the pension plan is a mathematical determination of the financial condition of the plan, which includes: the computation of the present monetary value of benefits payable to present members, the present monetary value of future employer and employee contributions, considering the expected mortality rates among employees and retirees, rates of disability, retirement age, withdrawal from service, salary increases, investment earni_ngs and value of assets. Each year, experience "gains" in the prior year reduces the actuarial accrued liability. Experience "losses" for the prior year, conversely, increases the actuarial accrued liability. To the extent that salary growth is more than the actuarial assumption for the plan, this would result in an experience "loss" and add to the unfunded liability of the plan. Salary growth can result from merit increases, automatic step adjustments to salaries annually, cost of living adjustments impacting all employees or subsets or employees (COLA's), adjustments to salary ranges based on compensation studies, etc. Current Conditions: Projected salary rate increases vary by age. For the Fire and Police Pension Plan, the average long-term assumption across all ages is 6 percent per year. For the Miami Beach Employees Retirement Plan, the assumed increases are as follows: Years of Service Merit and Seniority Base (Economic) Total Increase 1 4.0% 4.0% 8.0% 2 3.9% 4.0% 7.9% 3 3.8% 4.0% 7.8% 4 3.7% 4.0% 7.7% 5 3.6% 4.0% 7.6% 6 3.5% 4.0% 7.5% 7 3.0% 4.0% 7.0% 8 2.9% 4.0% 6.9% 9 2.8% 4.0% 6.8% 10 2.7% 4.0% 6.7% 11 2.6% 4.0% 6.6% 12 2.5% 4.0% 6.5% 13 2.4% 4.0% 6.4% 7 75 14 15 16 17 18 19 20 21+ City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements 2.3% 4.0% 2.2% 4.0% 2.1% 4.0% 2.0% 4.0% 1.9% 4.0% 1.8% 4.0% 1.7% 4.0% 1.5% 4.0% 6.3% 6.2% 6.1% 6.0% 5.9% 5.8% 5.7% 5.5% The pension board for MBERP recently approved a decrease in the salary growth assumption for the 10/11/11 valuation to reflect the downturn in the economy and the lower economic increases in recent years and likely into the future. Comparison to Florida Retirement System and Comparative Local Jurisdictions: Not Applicable 8 76 City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements POLICY STATEMENT(S): • The City should require 5, 10 and 20 year projections of required pension contributions as part of the annual actuarial valuations for each of the City's pension plans. These projections shall be based on the current actuarial assumptions for each plan. The projections shall be updated to reflect the cost of any proposed benefit enhancement, before the City Commission agrees to the enhancement. The cost of these studies shall be funded separately from the annual contribution to the pension plan. • There shall be an experience study of each of the City's pension plan's actuarial assumptions performed by an actuary that is independent from the pension board. The experience study should be conducted at least once every three (3) years, to compare actual experience to the assumptions. The independent actuary shall make recommendations for any changes in assumptions based on the results of the experience study, and any deviations from those assumptions by the pension board shall be justified to the City Commission. • Once pension reform is implemented, a 5/th vote of the City Commission should be required for further pension changes. Background/Rationale: Changes to plan benefits can affect the actuarial accrued liability of a plan, either positively or negatively. If plan benefits are increased, the mathematical calculations will result in more benefits anticipated to be paid to plan members in the future, which will need to be recognized all at once, although payments would be amortized over the long-term. Conversely, if plan benefits are reduced, with all else being equal, the plan will see a reduction in the actuarial accrued liability. Current Conditions: Not Applicable Comparison to Florida Retirement System and Comparative Local Jurisdictions: Not Applicable 9 77 City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements APPROPRIATE BENEFITS TO PROVIDE TO EMPLOYEES DRAFT POLICY STATEMENT(S): • The City of Miami Beach should strive to provide a retirement benefit that provides for a replacement of salary at a level at least equivalent to Social Security plus a supplemental retirement benefit. Background/Rationale: In the United States, 96 percent of workers are covered by Social Security. The benefit payment is based on how much is earned during your working career. Higher lifetime earnings result in higher benefits. If there were some years when you did not work or had low earnings, your benefit amount may be lower than if you had worked steadily. Social Security replaces about 40 percent of preretirement income for the average worker. The average replacement rate for lower-paid workers equals about 55 percent of their pre-retirement earnings. The average replacement rate for highly paid workers is about 25 percent. Windfall Elimination Provision Before 1983, people who worked mainly in a job not covered by Social Security had their Social Security benefits calculated as if they were long-term, low-wage workers. They had the advantage of receiving a Social Security benefit representing a higher percentage of their earnings, plus a pension from a job where they did not pay Social Security taxes. Congress passed the Windfall Elimination Provision to remove that advantage. Government Pension Offset If you receive a pension from a federal, state or local government based on work where you did not pay Social Security taxes, your Social Security spouse's or widow's or widower's benefits may be reduced by two-thirds of your government pension. (Source: Social Security website: http://www.ssa.gov/pubs/1 0035.html http://www.ssa.gov/pubs/1 0045.html http://www.ssa.gov/pubs/1 0007.html) Current Conditions: The City of Miami Beach currently does not participate in Social Security. In evaluating proposed changes to the City's pension plans, the fact that the City does not participate in Social Security must be taken into account. 10 78 City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements Comparison to Florida Retirement System and Comparative Local Jurisdictions: p art1c1pat1on m OCia . S . IS ecunty Jurisdiction General Employees Boca Raton Yes Coral Gables Yes Coral Springs Yes Fort Lauderdale Yes Hialeah Yes Hollywood Yes North Miami Yes North Miami Beach Yes Pompano Yes Tamarac Yes FRS Yes (includes Miami Dade County, Miami Lakes, Pinecrest, Wilton Manors) 11 79 City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements POLICY STATEMENT(S): • City of Miami Beach retirement benefits should be adjusted periodically after retirement to reflect the impacts of inflation, with rates no more than the Consumer Price Index for All Workers (CPI- W), subject to Commission approval, and with a maximum of 3 percent annually. Background/Rationale: Most people are aware that there are annual increases in Social Security benefits to offset the effects of inflation on fixed incomes. These increases, now known as cost-of-living adjustments (COLAs), are such an accepted feature of the program that it is difficult to imagine a time when there were no COLAs. Before 1975, beneficiaries had to await a special act of Congress to receive a benefit increase. Beginning in 1975, Social Security started automatic annual COLAs. The change was enacted by legislation that ties COLAs to the annual increase in the CPI-W. (Source: Social Security website: http://www.ssa.gov/pubs/1 0035.html http://www.ssa.gov/pubs/1 0045. html http://www.ssa.gov/pubs/1 0007. html) Current Conditions: Fire and Police Pension Plan Employees hired before 1 0/1/1 0 -2.5% Employees hired on or after 10/1/10 -1.5% with first adjustment deferred to 1 year after the end of DROP or 2 mandatory 0 DROP COLAs* Miami Beach Employees Pension Plan Employees hired before 10/1/10-2.5% Employees hired on or after 10/1/10-1.5% *Subject to current litigation 12 80 City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements Comparison to Florida Retirement System and Comparative Local Jurisdictions: OS 0 IVInQ IJUS men C t f L' . Ad' t ts Jurisdiction High Risk Employees General Employees Boca Raton Not required -reviewed every Not required -reviewed every odd year odd year Coral Gables If investment returns are over 10%, then equal to half of CPI- catch-up clause capped at 8% Coral Springs 2.5% 1% commences 5 years after retirement or DROP entry Fort Lauderdale COLA .. repealed Very Infrequent -only if actual prOVISIOn 7/15/2008 investment earnings exceed assumptions Plan closed for new hires 10/1/2007-3/5/2008 Now defined contribution Hialeah 2% for 10 years Hollywood Police: None Only Enterprise employees Fire None hired prior to 7/15/2009 (Plans are now frozen and new (Plans are now frozen for plans with lower benefits General Fund Employees and became effective 1 0/1/11) new plans with lower benefits became effective 10/1/11) North Miami 1.92% with 1 year elimination 1.92% with 1 year elimination period or 3% with 5 year period or 3% with 5 year elimination period elimination period North Miami Beach 2.5% Annually after 3 Years of 2.25% Annually Retirement Pompano 2% fixed Tier 1 2% 1% variable Tier 2 5 year waiting period tiered 0-2% based on age Tamarac Employees retiring before Up to 2% -solely funded from 3/1/07 = 2% after 3 years of actuarial gains retirement After 3/1/07 -2.25%. after 3 years of retirement FRS (Includes Coconut Creek, 3% for benefits earned prior to 7/1/11 Cooper City, Miami Gardens, None for benefits earned thereafter Miami-Dade County, Miami Lakes, Pinecrest and Wilton Manors) 13 81 City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements RECRUITMENT AND RETENTION POLICY STATEMENT(S): • The City of Miami Beach should strive to provide retirement benefits that ensure that the City is competitive in recruitment and retention of employees. Background/Rationale: Salary ranges for job classifications in City of Miami Beach are periodically reviewed to ensure internal equity and external competitiveness. Internal equity refers to the relationships (duties, level of responsibilities, salary, tenure, etc.) between positions within the same organization. External equity refers to the relationships (duties, level of responsibilities, salary, tenure, etc.) between positions to the external labor market. in both, the public and private sectors. Benefits, including pension, are also periodically reviewed. Current Conditions: In the past, particularly during periods of low unemployment rates when competition for employees has been tight, the City has targeted to set salaries in the 75th percentile of neighboring jurisdictions, and to provide benefits similar to neighboring jurisdictions. Comparison to Florida Retirement System (FRS) and Comparative Local Jurisdictions: See survey of pension benefits provided by neighboring jurisdictions In addition, the 2009 Classification and Compensation Study prepared by Condrey and Associates for the City of Miami Beach concluded that "the City's retirement benefit, while generous, appears appropriate considering the employee 8 percent contribution to the fund (based on a comparison to other jurisdictions locally and throughout Florida). 14 82 City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements MANAGEMENT OF RISK/RISK SHARING POLICY STATEMENT(S): • The City of Miami Beach should strive to share some portion of retirement benefit risk with employees. GUIDELINE STATEMENT(S): • If the City's contribution to a defined pension benefit plan exceeds 25 percent of payroll for general employees and 60 percent of payroll for high-risk employees, the employee contribution should be reviewed. Background/Rationale: With the City of Miami Beach's two pension plans, the City bears 100 percent of the risk of the volatility of the equity market; whereas, with private sector pension plans, the risk is born by the employee. Current Conditions: Fire and Police Pension Plan: Employee Contribution Rates - 1 0% Miami Beach Employees Retirement Plan Employee Contribution Rates for employees hired prior to early 1990's-12% Employee Contribution Rates for employees hired after early 1990's -10% Comparison to Florida Retirement System and Comparative Local Jurisdictions: mp oyee on n U 10n a es E C t "b f R t Jurisdiction High Risk Employees General Employees Boca Raton 10.2% Plans A&B 9.65% Plan C 6% Coral Gables 5% 5-10% Coral Springs Police 9.875% Fire 8.75% Fort Lauderdale I Hired before 4-18-10 8.25% 6% Plan closed for new hires I Hired after 4-18-10 8.5% 10/1/2007-3/5/2008 Now defined contribution Hialeah 0% 15 83 Hollywood North Miami North Miami Beach Pompano Tamarac FRS (Includes Coconut Creek, Cooper City, Miami Gardens, Miami-Dade County, Miami Lakes, Pinecrest and Wilton Manors) City of Miami Beach Budget Advisory Committee Pension Reform: Policy and Guideline Statements Police 9.25% 9% Fire 7.5% -8% (Plans are now frozen for (Plans are now frozen and new General Fund Employees and plans with lower benefits became new plans with lower benefits effective 1 0/1 I 11 ) became effective 10/1/11) 11.51% or 9.51% 7% 12% 7% 11.6% Tier 1 10% Tier 2 7% 9% 7% 3% 3% Note: Employees m Social Secunty also contnbute to Social Secunty. See page 1 for additional comparatives related to percent of payroll. 16 84 THIS PAGE INTENTIONALLY LEFT BLANK 85 C6 c ISSION CO EE REP RTS C') en I :39, v,vtw rniomibeochfl ncv Mayor Matti Herrera Bower and Members of City Commission From: Kathie G. Brooks, Interim City October 2 Subject: REPORT OF THE CAPITAL IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE MEETING OF JULY 16, 2012 A meeting of the CIP Oversight Committee was held on Monday, July 18, 2012. The meeting was called to order at 5:40 p.m. Please note: are not a full transcript meeting. Full audio and visual record this meeting available online on website: 1. ATTENDANCE attendance copy attached. REVIEW AND ACCEPTANCE OF MINUTES wc.rv-.rr of the Improvement Oversight Committee Meeting of April 9, 2012 5:41p.m. MQIIQN: Acceptance of Report (Minutes) of the April 9, CIPOC Meeting. MOVED: Kilroy 2nd: Cuervo PASSED: With Amendments -UNANIMOUS Dwight Kraai spoke about his dissatisfaction with the stormwater master plan He is particularly concerned that the consultants have chosen to use a calculation for sea-level rise that is not consistent with the calculation that was submitted the sub-consultant (CSI) who was hired to prepare preliminary data. In Mr. Kraai's the chosen calculation is not appropriate, he feels the numbers should be higher. CDM Smith, the consultant, includes data in the draft master plan about Lower North Bay Road and Central Bayshore construction projects. ML Kraai was concerned C!P was data directly CDM. Fernando Vazquez said that projects are being constructed based on peer review from Public Works based in on the numbers from the consultants, but that meet the current criteria required Public Works street level elevations. Rick Acting City Engineer, spoke more about the starting level used calculations. CDM used the average of last 18 years in ML Kraai stated that looking the past has no bearing on what is to happen in future. Tony Trujillo asked staff present more information on the Stormwater Master Plan to CIPOC. The City is holding a to bring information to the public about the development of a plan rise and flooding issues. (Note: A public meeting was held Friday, August i 7, to discuss the issue. This meeting was attended by City Staff, officials and interested members of the community). 3. ACCOMPLISHMENTS 6:11p.m. Flamingo Park Holtz Tennis Center Construction Commencement A groundbreaking ceremony took place June 8, 201 north courts have been demolished and the south courts remain open during that construction. The new courts will then open while demolition and construction occurs on agenda packet. south courts. No written material was Agenda Item ----'L.SL.L:'---- Date _cc__;:c.J'.......f._;;;.,... 87 CIPOC MEETING MINUTES, July 16, 2012 Page2 of3 Fernando Vazquez mentioned that the football field and track will be the next projects to take place in Flamingo Park. Saul Gross asked about the relocation of the Property Management facility from the park. The new facility is currently under design, and the Office of CIP anticipates receiving a guaranteed maximum price soon. When that GMP is in, the information will be brought to CIPOC. 4. PUBLIC COMMENTS No one came forward with public comments 5. OLD BUSINESS I REQUESTED REPORTS a. North Beach Neighborhoods Status Reoort: Normandy Isle Neighborhood 6:14p.m. Mattie Reyes, Senior Capital Project Coordinator reported that the lighting installation on Marseille Drive has been completed. Additionally, landscaping projects are commencing with the Parks Department, installing trees that were missing or needed replacement following the right of way project. There is one contract for all of the outstanding items, being addressed by one AlE and one contractor. Status on Bjscavne Pojnt Neighborhood /mprqyemeat P,qject Not discussed at the meeting. b. Middle Beach Neighborhoods Status Reoort: Sunsetlslands I & II 6:16p.m. Maria Hernandez, Senior Capital Projects Coordinator said that drainage is now being addressed on Island II. The project team is coordinating with utility companies for some of the utility relocations. About 41% of the drainage structures have been installed, seasonal rain has slowed the roadway work, but this was anticipated. The sewer manholes need to be lined, so the team is addressing this need with Public Works to incorporate this component into the current work. Estimated completion is April of 2013 (This is a bit later than the original schedule, but incorporates added scope). So far, there have been no delay claims. Elizabeth Camargo asked when the contractor will fill in holes that were cut into the asphalt. Maria Hernandez responded that no temporary asphalt will be installed. The roads are too narrow and become wet so this has to wait until work is complete. When the President visited a resident on Island II, the crews put down rock material to alleviate the muddy conditions in the work zone. This rock may be used more to stabilize the road. It is costly, so it will be used sparingly. Status Repqrt: Sunset Islands lU & IV 6:22 p.m. Rick Saltrick, Acting City Engineer explained that the consulting firm of C3TS is working on the design criteria package (DCP). The utilities are above ground. The community is voting in the fall on whether or not to relocate the utilities. Once that is determined, the DCP can be finalized and the project may be ready to go to a design/build firm by the end of the year. Dwight Kraai asked about the status of the landscaping at the entrance feature. A new guardhouse is being built, and the contractor has to complete permitting before it is constructed. It will be located within the center planter that has been built. Status Report: Lqwer North Bay Rqad 6: 26 p.m. Maria Hernandez told the Committee that the contractor obtained all the necessary permits. The contractor requested additional funds for an increase in material cost {the project has been on hold since it was awarded in December 2011, while the City worked out the plans to conform with new requirements, not the fault of the contractor). Change orders (minor modifications) are being reviewed by the consultant (Atkins) and the team will negotiate a final number. c. South Beach Neighborhoods F:\CAPI\$aii\Comm. & CIPOC\CIPOC\2012\8 ·September 10, 2012\CIPOC July 16 Meeting Minutes.docx 88 CIPOC MEETING MINUTES, July 16, 2012 Page 3 of3 Status Rsu2at:t: lttaetian Islands Not discussed at the meeting 6. COMMISSION ITEMS: Bayshgre Bight ¢Way lmprowment Praject 6:28p.m. architects signed the contract Discussion: 6:30p.m. Fernando Vazquez said that the amendment addresses additional stormwater improvements well as items that have been identified for improvements as construction This includes stormwater and landscaping, as well as traffic calming. incorporates requests that came from negotiations with the Homeowner Association. The history and background material is included in the agenda package. MOTION: MOVED: Recommend to the Mayor and Commission to pass the resolution. Kilroy 2"d: T.Trujillo PASSED: 1 Opposed {Dwight Kraai) Sguth Pointe Pbs:&§l~ 111. IV & V p.m. Fernando explained that additional scope was requested as construction progressed. A and background information is included in the packet Martinez, Acting Assistant Director, CIP, addressed questions about proposed LED lighting. is confident that this is the proper lighting to installed in the neighborhood. These have 5X metal halide (approx. 30 They are more expensive but returns on the investment tend to shown after about MOTION: MOVED: Recommend to the Mayor and Commission to pass the resolution. C. Cuervo 2"d: S. Kilroy PASSED: UNANIMOUS Additional Discussion: 6:48 p.m. Dwight Kraai asked about the status the Sunset Harbour parking garage. Mattie Reyes responded that the project is close to wrapping up. The contractor is addressing requirements from Building Department and Ufe Safety items Department Several change items have affected the schedule. The garage accommodate approximately 450 cars. Stacy Kilroy asked about lighting said that the lighting would be completed the week In August was concerned the lighting at the top floor. The lights are and are to be coordinated with a photometric design. The fixtures are very taiL Additional Discussion: 6:49 p.m. Dwight Kraai asked about the proposed drainage in Sunset Harbour. Saltrick said that the contract was issued to contractor to"'"'"""'-"' pumps #1 and near the Marina. Pump #3 additional funding and that will included in the capital budget request Meeting Adjourned: p.m. Next CIPOC meeting is scheduled for Monday, 10, 2012 at 5:30 p.m. in Commission Chambers. However, meeting schedule may change. Official notification wm be posted on the City Clerk Calendar, ~~~~~====~~~=~==~==each month. F:\CAPI\$aii\Comm. & CIPOC\CIPOC\2012\8-September 10, 2012\CIPOC July 161v1eeting Minules.docx 89 THIS PAGE INTENTIONALLY LEFT BLANK 90 of Miami leach, 1700 Convention Center Drive, Miami Beach, Florida 33139,. www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members the City Commission FROM: Kathie G. Brooks, Interim City Manager October 2012 SUBJECT: REPORT OF THE SEPTEMBER 19, 2012 COMMITTEE MEETING USE AND DEVELOPMENT A Land Use and Development Committee meeting was held on September 19, 2012. Members in attendance were Commissioners G6ngora and Libbin. Commissioner Exposito was also in attendance. Members from the Administration and the public were also in attendance. see attached sign-in sheet The meeting was to order at 4:10 pm. 1. PROPOSED PARKING DISTRICT #5 FOR THE AlTON ROAD CORRIDOR. (RETURNING FROM THE MAY 18,2011 LUDC MEETING ORIGINALLY REQUESTED BY CITY COMMISSION NOVEMBER 17. 2010 CITY COMMISSION MEETING, ITEM R5A) Christine Flores of the West Avenue Neighborhood Association spoke, and voiced concern about the reduction of parking requirements for the Alton Road corridor, and its impact upon the surrounding residential neighborhood. She requested that the matter be further examined, and that the neighborhood residents be brought into the process. Arthur Marcus spoke about the proliferation of hotels near the West Avenue residential neighborhood, and concern about proposed hotel projects at 171n and West, and the west end of Lincoln Road. Jack Johnson of the Flamingo Park Neighborhood Association spoke regarding the Alton Road historic district buffer ordinance, as a companion item to the Alton Road parking reduction ordinance, and argued that they should only be heard together, in order to protect the adjacent in the Flamingo Park historic district. Adam Shedroff spoke about the reduction of approximately 90 parking spaces as of the reconstruction of Alton Road. Commissioner Libbin asked if the Association supported the concept of the parking reduction, and expressed the problem of not having parking. He referenced the solutions used in 41st Street area. Gabrielle spoke about the history of the Alton Road legislation, indicating that the expansion of the Flamingo Park historic district to Alton Road provides enough protection for the residents adjacent to the corridor, and that the parking reduction ordinance should be considered independently of the buffer district zoning ordinance. She indicated that the problem in the City is not a lack of parking, but a lack of transit and mobility, and pointed to the 5m and Alton Garage. Frank Delvecchio spoke in favor of collecting fees in-lieu of parking that could be used for green projects. 91 City Commission Memorandum Report of Land Use & Development Committee Meeting of September 19, 2012 Page2of4 Commissioner G6ngora indicated he would like to have the hotel parking requirement reduction removed from the ordinance. Commissioner Libbin asked for the pending zoning ordinance to also be brought back to the Committee. Commissioner Exposito also requested the issue of grandfathered buildings not requiring parking be included. MOTION: Libbin/Gongora: (2-0) Bring the entire matter back to the Committee in November. 2. DISCUSSION REGARDING THE RE-ZONING OF AVENUE. AT 1729 LENOX (REQUESTED BY MAYOR APRIL 13, 2011 CITY COM AFTER-ACTION: A brief discussion proposal. ITEM DEFERRED TO NOVEM 3. EETING WOLFSON, ITEM C4K) -..... ,..,~ TO IMPROVE THE CITY OF MIAMI PROCESSES. E MAY 16, 2012 LUDC MEETING COMMISSIONER MICHAEL GONGORA COMMISSION MEETING, ITEM C4M) TO NOVEMBER 5, 2012 LUDC MEETING. 5. DISCUSSION ON POLICY CONSIDERATION REGARDING THE GRANTING OF SUBTERRANEAN OR AERIAL RIGHTS OVER PUBLIC PROPERTY. (RETURNING FROM THE JUNE 13, 2012 LUDC MEETING ORIGINALLY REQUESTED BY THE CITY COMMISSION JUNE 6. 2012 CITY COMMISSION MEETING, ITEM C4D AND R7B) AFTER-ACTION: Jorge Gomez, Assistant City Manager, introduced the item, explained the City's procedures, and described how the Commission is looking at which method for valuation could be used. He indicated that Neisen Kasdin was here on this matter. 92 City Commission Memorandum Report of Land Use & Development Committee Meeting of September 19, 2012 Page3of4 Commissioner Libbin discussed seeking a comparable public benefit, as opposed to strictly an accounting exercise. For example, putting parking underground is a public benefit. Commissioner Exposito enquired if the appraisal can include all the methods of valuation, and Jorge Gomez indicated that it was possible but might cost additional for such an appraisal. Mr. Gomez indicated that he is trying to get the appraiser to reflect the Commission goal of identifying the concept similar to the highest valuation considering the added value to the adjoining properties, in order for the Commission to have full information. Commissioner Libbin thought it would be an unnecessary burden to get four or five appraisals, but rather thought that focusing on the public benefit should be the direction of the methodology. Neisen Kasdin spoke, agreeing with the general felt that it should not only be what is the value of what is the value to the City. He mentioned the had easements from the County and FOOT, less than fee simple value because of their MOTION: Libbin/Gongora (2-0): Committee. 6. DISCUSSION OF RFP MAINTENANCE AND bring back to the END PROJECT. introduced the item, which was originally presented at the Finance of capital projects. This project involves the Euclid Avenue street end Road, and the concept of improving this area as a pedestrian zone. He indicated brought to the Flamingo Park Neighborhood Association, who voiced general approval. Commissioner Libbin asked about the sidewalk cafe issue. Mr. Gomez indicated that the proposal was for the area in general not to be made available for tables. Commissioner Exposito expressed concern about the potential for proliferation of more umbrellas, street furniture and other problematic clutter. Mel Schlesser presented his concepts for the proposal. Discussion of Nexxt Cafe sidewalk cafe tables ensued. Jack Johnson of FPNA discussed the issue. Commissioner G6ngora expressed that we will need to have a more general discussion of crowding on Lincoln Road. Adam Shedroff spoke. 93 Commission Memorandum of Land Use & Development CommittH MHting of September 19, 2012 4of4 Commissioner Ubbin referred store and chairs in front; oould gelato their chairs there. brought the "'"'""'"'"'"'''"'' public purpose of project, and Commissioner Ubbin discussed weighing other priorities on the that are eligible. The capital "' .. "'''"'"'t distributed. Mel indicated he would for all soft costs would manage the construction the project. producing the construction documents, with no and that would the project more fundable. Gomez discussed the projects on the list MOTION: Libbin/G6ngora: (2-0) Move the a request for the information on the projects on the Attachment T:\AGENDA\2012\10-24-12\lUDC Meeting of 94 (,0 U'l 2. 3. 4. 5. 6. 8. 9. L 11. 12. 13. 14 15. 16. /~ ot~ 17. /" 18. 19. 20. LAND USE AND DEVELOPMENT COMMITTEE MEETING September 19, 2012@ 4:00pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER I I vytSH TO RECEIVE THE AGENDA ELECTRONICALLY E-MAIL ADDRESS rb"·~ l;nc-\/ P~~ ~ y.)'\,1 / @tf t/411 /;cJt .ne· s L ~ v4 I' Cat-·z ~7 -7 ( '(__ 0 I 'lfJ7 I I IJ .I t--M 6-t'4t7 @ y A 1/0o: co._.,., @ @ @ @ M:\$CMB\CCUPDATES\Land Use and Development Committee\2012\Sign In Sheet 2012.docx THIS PAGE INTENTIONALLY LEFT BLANK 96 Ml of Miami Beach, 1700 Converdor Cede• Drive, Miomi beech, Floridc 33139, COMMITTEE MEMORANDUM Mayor Matti Bower !nterlm City Manager Kathie 3, 2012 1. Public presentation regarding of, and other issues pertaining the Lincoln Road Request for Proposals (the "Lincoln RFP" or the "RFP"), and Center Request (the aconvention Center "RFQ". City Attorney's Office's presentation regarding the potential issue, an overview by Interim City Manager as to the lincoln by Committee, alleged law RFP, recommending to {i) convening a new committee, (ii) having committee the proposers' original videotaped presentations (from the 5111/12 evaluation committee meeting), and in the recommended "Option 1 "; which consists of re-convening original evaluation committee, (ii) have it listen to the proposers' presentations (from from 06/4112 and 06/5/12 evaluation deliberate in In both L;ct:::~ot:;::~~, proposers should be given the to present answer any the respective committee(s), after listening the videotaped presentations. RFP Chairperson Deede Weithom stating she'd had a (the Lincoln RFP and Convention RFQ), votes. Commissioner a motion, was by Commissioner Michael Gongora, to accept Commissioner if permits, they wm take the public within the will for comments outside 97 individual will Agenda Item_:;;;...._-:::-:--- 0 ate ____,_:::::......,;;.__,_'-= given two minutes to speak. Commissioner Weithorn then turned the discussion over to Chief Deputy City Attorney Raul Aguila. City Attorney Aguila began the meeting by advising the public present that the RFP and RFQ are still ongoing, and therefore still subject to the City's Cone of Silence. This means that the Mayor and City Commissioners can't have one on one communications with City staff; or proposers and their teams; or evaluation committee members. He went on to state that the Cone of Silence exempts public presentations at certain duly noticed meetings, and that is the reason that the FCWPC meeting has been publicly noticed today, so that the City Commissioners present can hear the public presentation by the Interim City Manager, have discussion among themselves, and hear public comment. Anyone wishing to speak at today's meeting wil an opportunity to do so. City Attorney Aguila stated he has also been some "ground rules," in terms of the scope of Attorney Aguila advised the Commissioners ·•-.v•. ,,u Committee level, on whether or not to City Attorney Aguila suggested that Commission meeting on October 24, Committee is before them. With respect to he Chairperson to establish to be discussed. City a discussion, at this the process, etc. at the rec:orrlt'Al!ftKlatlon from this rnittooi'~1161nbers that are in attendance, it's recommended that these coli'tl'tJ~itte~e .. ~:mil!nbers discussing the individual findings that led decision. ni~i!sr<=R·out issue, raised by one of the coin Road RFP evaluation be voided, since the a similar issue may be mends that the City "cure" RFP, it also recommend a cure CG3®enticm Center RFQ. rms~l::{~~~a~D"lg the Lincoln Road RFP is that the ta'='t:W1:Wil:h the committee's deliberations, ranking of · the public. City Attorney Aguila explains that was not noticed as a public meeting, and thereto the City's reasonable interpretation of a recent change in which into effect on June 2, 2011 , and created an exemption and selection committees in bids for RFP and RFQ processes. Prio , 1, the City advertised evaluation committee meetings as public meetings did, by noticing them along with other City meetings in the Weekly Meeting They were subject to the Sunshine Law like any other board or committee Following June 2, 2011, when the Sunshine law exemption took effect, any portion of a public meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation, is exempt from the public meeting requirements of the Sunshine Law. The new exemption also provided that, regardless of the exemptions, you still have to maintain a complete recording of any portion of an exempt meeting. No portion of the meeting may be held off the record. City Attorney Aguila states that, to date, public bodies throughout the State have taken 2 98 widely different approaches on how to interpret the 2011 exemption. Because the exemption is still new (it took effect on June 2, 2011), there is no case law interpreting it. Similarly, the legislative history provides little guidance, other than to state that the exemption was intended to remove the competitive advantage that might be gained by bidders or proposers, where the Sunshine Law gave them the right to sit through their competitor's presentation, and potentially gain information that they might use to their advantage. The law is being interpreted differently from city to city, and county to county. The City therefore took the position that because: • the Sunshine Law does not give the public the aos>OJUJ[e interfere with an evaluation/selection committee's pr,a~i~nng • the City keeps tape recorded minutes of the the RFP and RFQ, the proceedings were well); and • the taped proceedings (and, in are public record, prior to the City (on the proposal) to the City Commission; · • the intent of the exemption Sunshine Law to gain an The 2011 exemptio deliberations to without running Sunshine Law g Sunshine Law sntl[tH!E violation s (and, in the case of ~,.,,.~"~.,•~"~ but videotaped as 1nnc~QrC! an opportunity to use the I"U:BI:Jn/Q edge; and/or open committee .. t .... n .. it1:l':'~"t the bidding process, the challenge) is where the m irreparable harm. The inadvertent omission, a violation is a intent. Therefore, in order to "cure" the S ~nsht]al~llif:{~M RFP, the City Attorney's Office Colmn'flftE~;:.:ore!Selnting the available cure options. The cna~)ge from r. The plaintiff's complaint could take foo::Cfec:la lief, where the plaintiff and defendant tell the court i'AtE!roretatfa1li::flf this law, and request that the court advise as to nt .... rnrgt.,.rt<,:i~ac t"t"'nf'lllllrrn with litigation is that the City would not be able to move t ....... ~'16'1,.. further action on the proposals until the conclusion of the court 1 exemption is also new law, and we cannot be certain of the outcome. the City would have to pay the plaintiffs attorney fees and any other legal nd in defending this issue. City Attorney Aguila states that as an alternative to I , there are (3) three administrative options recommended to cure the violation. The Sunshine Law also provides that violations of the Sunshine Law may be cured if the matter discussed "out of the sunshine" is reconsidered in an open meeting. Following Attorney Aguila's presentation, Interim City Manager Kathie Brooks gave a brief overview of the RFQ and RFP. She explained the City has done a number of studies over the years starting in 2001 and updated in 2008-09 recommending a multi- purpose space/ballroom, an adjacent hotel as well as additional indoor and outdoor meeting space for the Convention Center. The concept was to create a new Convention Center district that had a more walkable environment that benefited both the Convention Center participants and residents. The City retained Arquitectonica to develop a master 3 99 plan and on January 11, 2012, the City Commission authorized to issue the RFQ. The primary objectives of the RFQ was to improve the Miami Beach Convention Center (MBCC), redevelop the surrounding area and facilitate the ability of the MBCC to attract high impact conventions, meetings and tradeshows in an increasingly completive environment. The minimum requirements of the RFQ were Convention Center Enhancements that focused on a Class "A" Renovation, outdoor function space and additional meeting space. A headquarter hotel and the multi-purpose/ballroom of 60,000 net square feet. The RFQ provided for use of the 52 acre site and up to 6.2 million square feet of total FAR. The reason the maximum was allowed was due to the first time the architect masterplanned the site, it constrained the site and resulted in a boxy facility. Allowing the full site provided maximum flexibility for potential greenspace and potential financing by the developer. The proposed devel includes MBCC, Surface Parking Lot, City Offices, 21 81 Street Community Carl Fisher Club House, The Fillmore Miami Beach at the Jackie Gleason and the 17th Street Parking Garage. The RFQ process is a 2 phase 1 qualifications include the relevant experience and financial capability. and Key Letter of Intent Terms which includes the Master ity Outreach and Negotiations. The responsibilities of are: Create a Master Plan that is financially feas maximizes land value, and provide public benefits), ma of the MBCC and all other public components ic spaces), develop and finance any ng the H r Hotel, work with the City to the M BCC improvements and expansion and lease the land development. The MBCC RFQ was issued on February 7, due April 23, 2012. Eight packages we received ne Property Group, Matthews Hoi st an CMC, Rida Development aCa, Turnberry and Village, LLC. The 5, 2012 and the RFQ "'........... Brooks and he spoke with State , Jose Arojo, advising them what Attorney Jose Smith read an e-mail .. ·.ij. stated, "I was a party to a telephone conference ::;tc:tl~:::t\t1torn~::i!Pd the City Attorney during which we discussed an u for theNMiami Beach City Commission. We were made aware that officials were expected to question staff regarding the existence of 's office investigation of certain Miami Beach construction specifically, if anything discovered in the investigation should cause ad award bid of the redevelopment of the MBCC. We do not generally com ongoing criminal investigations, but since it has been publicly reported in the media that we are involved in the investigation, I feel comfortable with the following comments. We have not come across anything in our investigation at this time that rises to the level of criminal conduct in any transaction we have reviewed involving the RFP or bid submission process relating to the MBCC project. You should know that the Convention Center project is not the focus of our inquiry." City Attorney Smith states that, in a subsequent conversation with State Attorney Rundle, he confirmed that this statement is also applicable to the Lincoln Lane RFP, so neither project should be in any way delayed or impaired in proceeding with what the City Commission decides to do (with regard to the RFP or RFQ). City Attorney Smith added that he was not allowed to comment beyond that. 4 100 Commissioner Jorge Exposito asked the State Attorney had indicated when it would have its final response, and City Attorney Smith stated he cannot comment on that. Interim City Manager Brooks continued explaining that the objective of the Lincoln Lane RFP was to transform and activate North Lincoln Lane from a service alley to a vibrant and pedestrian friendly street and provide an additional connection between Alton Road and Washington Avenue. There were three lots involved: P25 with 86 spaces, P26 with 1 07 spaces and P27 with 144 spaces. The evaluation criteria for the RFP was to demonstrate success in completing developments of similar magnitude and complexity, experience and qualifications of the Proposer's team and financial strength, as evidenced by audited/reviewed financial statements. Proposals which maximize the economic return to the City, best fulfill the goals and of the RFP. Also, proposals which involve privately-owned property (ies) the publicly owned property (ies) resulting in maximum public benefit quality and compatible with the scale and character of the area and of project execution. In terms of status of the Lincoln Lane RFP, the January 17, 2012 and proposal packages were due March 23, 201 received from Lanestar Partners, LLC, Lincoln Road Square, LLC and Team Nelli. The evaluation committee then the RFP developer selection subsequently was p1acec~~or d~~~~~~~:~;~re" options alleged 1e the Committee need not at1~~.;';R~:>ad RFP and the Convention fi!Qj::Onii:l:·l:lrnnrnrlri!:lt!Q given the specific The challenge raised c:hr«trrt have been opened up ill:i~:~er:e~nced in his research which full review of the proposals ::o•tnnrn asked how long it had taken to do ~~~~er Brooks stated it had taken 12-16 · cure options. The options presented ef~~t~Uslhed by the Florida Supreme Court: evaluation committee in the sunshine, (and subsequent Q & A sessions) e. the iberations would be open to the public). Since the original presentations were made, in addition to having the original written proposals again, the FCWPC should rection as to whether to: (i) have the original four (4) proposers " to the Committee; or (ii) have the Committee listen to the videotaped p from the original evaluation committee meeting (in which case, proposers or a representative of their team should be given the option of being present, to answer any questions from the committee after listening to their videotaped presentation(s)). Option 2. Reconvene a new evaluation committee and, as in Option 1 above, have the proposers either re-present to the committee, or have the committee listen to the original videotaped presentations. Option 3. Have the Mayor and City Commission cure the action(s) of the evaluation committee by reconsidering the matter at a City Commission Meeting. 5 101 The City Commission may elect to hear presentations from the proposers, as well as hear from members of the public wishing to speak at the meeting. In keeping with the holding in the Tolar case, the Commission's curative meeting(s) must not be purely ceremonial (i.e. the City Commission must do more than simply "rubberstamp" the decisions of the evaluation committees). Additionally, since the City Manager's recommendation (on the RFP and/or RFQ) to the City Commission is independent of the evaluation committee's recommendation to the Manager, the Manager could still proceed to make his/her written recommendation in accordance with the evaluation/selection process. City Attorney Aguila stated that what the respective evaluation committees discussed at their original (respective) committee meetings was a of public record, recorded both on tape and on video, and had been made avai members of the public, as well as posted on the City's website. With rega . Convention Center RFQ, it appears that time is of the essence to improve Center because it needs to be done, and there are possible plans develop some kind of a convention center facility in Miami. In Convention Center RFQ, the most expeditious way to do this existing evaluation committee, and have them view the (that are public record), and have the proposers or their additional questions from the committee (to add what change their original written proposals), and hold the ld mean re-scoring and re-ranking uld be to do this in a day, but it's important to deliberate, rank which is the substance of the complaint that was made. With r~gard to the ~~iif~Rad RFP co~m1~ee mer:n.~)~~ prq~:~~r ~I cunng 1t by lettm·~ C1ty C~1ss1on set~il'y City Attorne~ Aguil2i~9,ed th~t~: c?ncern "cure" not g1ve a pro~r a.o::ll~~r. .. PP Gongo;,;:;:f~:df the'f'i~~;w.•:::::a··;·~MUte. of on bringing a Sunshine Law corgg@~ftB\~~§J~Y Atm~y Agui·l~~s~. City Attorney Aguila stated again that thl!:]1rocess for the-~:Q9nventfQtf;Center is ··a:::pteventive measure. Commissioner Jerry Libblfl~1~ked for claY(~tion ·-~~pption 3 again. City Attorney Aguila stated the Commi~ers would effi1~~~ear·t~~~{esentations or watch them. ·~;;.-:;B. . ·' uest~:~tfor Public Comment and FCWPC's =<~~~~ •' .,.;.. ~$::~ ·~·.x~:~· ~"";®~: Chairperson Weith~\i~~'1~d the floor to public comment allowing two minutes for anyone that wants to~M"eak about the Lincoln Road RFP only. Attorney for the proposer, Lincoln Road Development, Rafael Andrade, stated they recommend Option 3, and strenuously objected to Option 1 because one of the original evaluation committee members failed to disclose a potential conflict, and that the original committee's scoring/rankings were done in an arbitrary and capricious manner. There were some proposers scored and ranked higher in points that did not supply financials. If the same committee is re-convened, they could be hostile toward his client. Commissioner Ed Tobin asked if that one committee member were removed, would that be satisfactory, and Mr. Andrade stated no it would not be. Commissioner Libbin asked what the objection to Option 2 would be, and Mr. Andrade stated he has no objection to that but understands the importance of time. 6 102 Commissioner Tobin asked Legal if the Commission has the right to reject the proposals, and City Attorney Aguila responded the Commission has the right to reject all proposals and not move forward. Mayor Bower asked if there is a garage being built on these lots, and City Attorney Aguila responded that any parking taken away has to be replaced with a garage component. Attorney for proposer, Team Nolli, Albert E. Dotson Jr., stated the only issue is that deliberations be done in the sunshine. The City has made a significant investment in this process that should not be forgotten. City Attorney Aguila stated that the City deemed all four proposals received were within the minimum requirements and deemed· responsive. Chairperson Weithorn closed public comment and ~"'~ each Committee member or Commissioner present to state their opinion . Commissioner Tobin stated he's okay with reconvening the old eval ittee and allowing them to take a second crack at it, or let the Comm I want to hear from the public and proposers first before I make a oner Libbin stated he respects the committee process, and it's is process, and he would lean toward having a new com 2. A new committee might reaffirm what the old co end, the final decision still lies with the Commission. state~~J"lotion 3 would be ideal if the time permitted, it doesn'f;i~~~~~:~~ tn~ll:iM where he was leaning. Chairperson she's toward Option 2, lieving very strongly in the committee stru Wolfson commented that his preference is Option 3, but Option missioner Jorge Exposito stated he would go Option 2. Option 1, with the same committee, · it would be easier if the same com Chairperson Weithorn asked for down; if they would be replaced or just mbers. Legal stated they would move forward with the now (i.e. the 6 remaining). A motion the recommendation to the City n 2 for the Lincoln Road RFP. mo1>~ea~nn with opening the floor to public comment regarding the roor'lt<SJ~:.gJr:::r two minutes to anyone that wanted to speak. Talbert stated the Bureau agrees with whatever option moves this project forward. Attorney for the proposer, Turnberry Lincoln Village, Alex Heckler, stated it's important to move now, since the majority of the voters have decided and are okay with moving forward with the RFQ. Mangos Tropical Cafe representative, Josh Wallack, stated he recommends Option 1, as the initial committee was qualified and it's important to continue the plan under the current leadership. Victor Diaz stated it's important to note that there's been no challenge raised thus far in 7 103 regard to the Convention Center RFQ, and the preemptive measures are a good cure. It is a delicate balance in making sure there are no advantages to any proposer in going back through the process, but I would counsel the most expeditious option, which is Option 1. Bob Goodman, stated he agrees with Option 1, since an excellent committee was chosen and we should move forward with the process. Resident Eric Zichella stated he just wants consistency and Option 2 allows that. Convention Center Advisory Board member Roger Abramson stated the Convention Center Advisory Board strongly took Option 3. The want the Convention Center to be renovated to help the tourism, but not i entire City. Attorney for proposer, CMS Portman, Lucia new selection committee or a new process, prior cases have shown throughout the Proposer, Rida Development, process was subject to an unfair none of the options be selected. There they don't recommend a wfi~:om1m~mr~ Option 1 , based on what RFQ selection request committee. Commissioner Gongora Bales sta1tmla::tt arding this matter. the procurement process to connect the Convention Center to the Pathman, stated Option 2 or 3 would be the City has done. Com would go with Option 1. Commissioner Tobin stated he is leaning missioner Gongora stated he's not committed to any options, but what everyone has said, he's leaning toward Option 1. Mayor Bower going to be consistent and urges everyone to move forward on this, and should go with Option 1. Commissioner Exposito stated he is comfortable with going with Option 1. Chairperson Weithorn stated she's comfortable with going with Option 1. A motion was made by Commissioner Exposito to go with Option 1 to re-convene the original committee to . hear the videotaped presentations, that there's no new presentations, and that the question and answer portion, with proposers present, be limited and that Legal closely monitor the scope so that there's no potential procurement issues. Commissioner Gongora seconds the motion clarifying that the one committee member that has dropped will just be left off, and the committee will move forward with the current members. The meeting was adjourned. 8 104 IB City of Miami Beaeh, 1700 Convention Center Drive, Miami Beach, F!orido 331 TO Mayor Herrera FROM Interim DATE 2012 SUBJECT: 1 COMMISSION MEMORANDUM Members the City Manager are the 105 be off-leash in a to meetings are nTT ..• a<,,.,., area to area. Administration will work as quickly as may to come back to City Commission Memorandum October 24, 2012 Report of the Neighborhoods/Community Affairs Committee of September 24, 2012 Page 2 of9 ACTION: The Committee (Commissioners Tobin, Libbin and Exposito present) unanimously moved to bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the commission, and recommended extending the off-leash pilot program through January 31, 2013. Commissioner Weithorn, who was also present, expressed her strong agreement with the motion. 2. Policies Related To Storms, Hurricanes and Parking. (5:15PM) A. Discussion Regarding Whether The City Should Have A General Standing Rule To Waive Certain Fees, Such As Parking And Other, Related To Reconstruction Of Private Property Damaged Due To A Severe Storm Event Or Similar Nature Event. B. Discussion Regarding Review Of Hurricane Season And Seasonal Flooding Parking Policies. Commissioner Tobin stated that he believes the City should not have a general standing rule to waive certain fees (Item A above). He believes it should be left up to the City Manager and Commission. Kevin Crowder explained that that item "A" originally arose to address localized flooding when a state of emergency is not declared. It may be limited to just a few blocks. Commissioner Tobin stated that this is an operations matter. He advised that Administration should do what is right when necessary. Commissioner Weithorn expressed her desire to make available underutilized garages for residents to park their cars for protection from weather under certain criteria levels. Interim City Manager Kathie Brooks suggested utilizing a pre-registration approach, by having residents register that live in areas that are known to flood. They could then be assigned to a specific garage to park when certain criteria levels occur. Commissioner Gongora arrived at 5:20pm. Commissioner Weithorn added that emails can be sent to notice those that are registered when their assigned garage is open for use. Commissioner Tobin asked Administration to work with Commissioner Weithorn on a plan allowing residents to park their cars in certain garages, and thus removing them from harm's way, with a program for residents to pre-register for the program and provide the details in a Letter to Commission (LTC). ACTION: The Committee (Commissioners Tobin, Libbin, and Exposito present) directed the Administration to work with Commissioner Weithorn on a plan allowing residents to park their cars in certain garages, and thus removing them from harm's way, with a program for residents to pre- register for the program and provide the details in a Letter to Commission (LTC). 3. Discussion Regarding A Proposal For A Donation Of Art Pieces To Be Displayed On Lincoln Road. (4:19PM) Megan Riley, from the Art in Public Places (AiPP) Committee, explained the committee's recommendation against the issuance of a Call to Artists and/or an artistic intervention for the forty-five bollards located on Lincoln Road. 106 City Commission Memorandum October 24, 2012 Report of the Neighborhoods/Community Affairs Committee of September 24, 2012 Page 3 of9 Commissioner Libbin asked if there is an issue with the existing bollards that look pretty bad. Mr. Beckmann explained that they are pressure washed on a regular basis, when Lincoln Road is pressure washed. Commissioner Tobin asked Mr. Beckmann to take inventory of the condition of the existing bollards and report to the Commissioners. ACTION: The Committee (Commissioners Tobin, Libbin, and Exposito present) accepted the recommendation of the AiPP Committee, and Commissioner Tobin requested a report of the condition of the existing bollards on Lincoln Road. 4. Discussion Regarding Proposed Amendments To The City's Film And Print Guidelines. (5:53PM) Acting Assistant City Manager Max Sklar recapped the background of this discussion and highlighted the suggested changes proposed for the Film and Print Guidelines. Commissioner Weithorn asked for a provision to be added to address unpermitted activity with strict penalties. Input was received from the public, including both residents and members of the film and print industry, including the following: Terry Bienstock Ray Breslin Andres Asion Prashant Sham Maria Chavez Andy Shifter Gloria Bierman Susanne Ragnarsson Norma Quintero Stephan Biwald Laura Levey Jane Losson Stuart Dornfield Irwin Friedman Michael Grieco Rudy Weisenberg Joshua Mintz Lily Hurtado Henry Lowenstein Sandy Lighterman Noreen Legault Mendoza Alex Tachmes Marcy Orth Michael Vinaij Commissioner Gongora left the meeting at 7:20pm. Commissioner Weithorn left the meeting at 7:22pm. Additional speakers from the public included: Amanda Ellison 107 City Commission Memorandum October 24, 2012 Report of the Neighborhoods/Community Affairs Committee of September 24, 2012 Page 4 of9 Todd McPhail Sheila Duffey-Lehrman Ed Harris Steven Ebner Julie Isaacson Adam Shedroff Dr. Nixon Jim Stamatis Bruce Orosz Arlene Weintraub Ivan Parron Julie Chang Paul Janas Christina LaBuzzetta Edwin Sharlau Stan Stuart ACTION: The Committee (Commissioners Tobin, Libbin, and Exposito present) moved to refer this discussion to the full City Commission with no recommendation. 5. Discussion Regarding Requiring Miami Beach Restaurants To Post Scores Given By The Health Department. (4:25 PM) Economic Development Division Director Kevin Crowder explained two (2) components to this discussion. One had to do with the State's preemption on the regulation of health standards in restaurants by the City. It was added to the City's legislative agenda to try and secure that authority as a local option. As of today there has been no success; it is one of the items that will be recommended for the 2013 legislative session again. The second piece is requiring restaurants to post their score or their letter grade as New York does. Florida does not issue scores, they issue a list of violations; critical and non-critical. This makes it difficult to establish a grade. Commissioner Tobin suggested the City promote the restaurants that do a good job. Mr. Crowder advised that a link has been added to the City's website for the restaurant inspection results. Commissioner Weithorn stated that she likes the idea of restaurants posting on a voluntary basis. She believes these reports should be posted somewhere in the restaurants. David Kelsey spoke. Commissioner Libbin stated he believes that if this is voluntary that only positive reports would be posted. Commissioner Tobin asked Commissioner Weithorn if she would like a pop-up window on the City's website to access the City's restaurants' reports. Commissioner Weithorn stated that she would like to see that. She believes these reports should be available upon request at the restaurants and she would like this to stay on the City's legislative agenda. Commissioner Tobin suggested recognizing or highlighting restaurants that have met inspection standards. Commissioner Libbin made a motion to recommend adding to the MB magazine recognition of those Miami Beach restaurants that meet inspection standards. Commission Exposito seconded the motion. ACTION: The Committee (Commissioners Tobin, Libbin, and Exposito present) moved to 108 City Commission Memorandum October 24, 2012 Report of the Neighborhoods/Community Affairs Committee of September 24, 2012 Page 5 of9 recommend adding recognition of Miami Beach restaurants that meet inspection standards to the MB magazine. 6. Discussion Regarding An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled "Public Property," By Amending Article VI, Entitled "Naming Of Public Facilities And Establishment Of Monuments Or Memorials," By Amending Section 82-504, Entitled "Monuments Or Memorials," By Adding Criteria To Provide That: A) Only The Mayor Or A Member Of The City Commission May Propose The Establishment Of A Monument Or Memorial; B) The Mayor And City Commissioners Shall Each Be Limited To Proposing The Establishment Of One Monument Or Memorial Per Term Of Elected Office; C) Any Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standing In The Community And If, After The Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of The Person Shall Be Removed From Such Monument Or Memorial Or The Monument Or Memorial Itself May Be Removed, Without Any Resulting Liability To The City; And Providing For Repealer, Severability, Codification, And An Effective Date. ACTION: Discussion of this item was deferred. 7. Discussion Regarding "Booting" Services And Raising The Allowable Rate Per Vehicle, Which Is Now $25 Each. (3:38 PM) Parking Department Director Saul Frances referred to the memo in agenda package that outlines the current requirement in the City Code as it pertains to booting. Commissioner Tobin asked if there is a recommendation from the Administration. Mr. Frances explained the difference in the common uses of booting on private versus public property. Commissioner Libbin stated that there are two (2) things to consider, and they would be whether the City wants to allow people on private property to do this, and does the City want to have booting as an option for itself for enforcement. If the City is in favor of either, then raising the fee must be considered. He suggested raising the fee to $75 with the City receiving $25 of that. Commissioner Tobin requested the Administration provide a recommendation when this item is discussed at the next Finance and Citywide Projects Committee meeting. State Representative Luis Garcia spoke against booting by the City. Manny Diaz spoke. Gus Alfonso spoke. Ralph Andrade spoke. Paul Janas spoke. Carol Hoffman spoke. Commissioner Libbin stated that he is in favor with booting for private property and, in that case, the current fee does not make sense. Commissioner Tobin passed the gavel to Commissioner Libbin and made the motion to allow booting for private lots only, regulate the amount of companies allowed to boot, and have some type of impact fee when police officers are called to respond. Commissioner Libbin seconded the motion, however, with a request for legal staff to look for an option that includes some fee paid to the City. 109 City Commission Memorandum October 24, 2012 Report of the Neighborhoods/Community Affairs Committee of September 24, 2012 PageS of9 Commissioner Exposito asked how this would impact the signs that have been put up in the private lots. Mr. Frances explained that there is a requirement for signage in the Code. City Attorney Jose Smith requested of Mr. Frances some information regarding what other cities have done. Commissioner Exposito voted against the recommendation, stating the he needs more information regarding the issue and the legality before he would vote in favor. ACTION: The Committee (Commissioners Tobin, Libbin and Exposito present) moved to recommend allowing booting for private lots to regulate the number of companies allowed to boot, and have some sort of impact fee when police officers are called to respond. Additionally, legal staff is to provide information regarding the legality of an option for some fee to be paid to the City. (Vote: 2-1; Commissioner Exposito opposed) 8. Discuss Bringing A New Festival Of The Arts To North Beach. (4:05 PM) Acting Assistant City Manager Max Sklar referred the committee to the memo in the agenda package for the history of this discussion. He also explained that a Letter to Commission (LTC) has been released explaining that the Fine Arts Board has recommended to discontinue the Miami Beach Festival of the Arts. Commissioner Lib bin stated that he would like to have an RFP issued, and if there is no one able to do it, then to see what is out there. Carol Heusen spoke. Deborah Ruggiero spoke. Mr. Sklar explained that if the Committee desires having a festival during the season, then the RFP would need to be issued relatively soon. Commissioner Tobin reminded the committee of the suggestion to add an art component to the food truck events. Commissioner Libbin suggested Administration return to the Neighborhood/Community Affairs Committee in a month with some ideas to integrate art and have more events. This would still allow time to do an RFP for a festival, if that is what is eventually decided. ACTION: The Committee requested Administration return to the Neighborhood/Community Affairs Committee in one month, with some ideas for more events and how to integrate art into the food truck events. 9. Discussion Regarding The Upper La Gorce Stormwater Drainage, Specifically, The Budget And Design Criteria Package. (4:35 PM) Public Works Department Director Fred Beckmann reviewed the background and analysis of the Stormwater plan. Interim City Manager Kathie Brooks asked Mr. Beckmann if additional elements can be added to the design being discussed, should they be needed in the event that sea level rise is more aggressive than what is in the plan. Mr. Beckmann stated he believes so. More reports and data will be coming out over the next few years regarding sea level rise and then these models can be adjusted. 110 City Commission Memorandum October 24, 2012 Report of the Neighborhoods/Community Affairs Committee of September 24, 2012 Page 7 of9 A lengthy discussion ensued regarding planning, design and construction process involving both Public Works and CIP. City Engineer Richard Saltrick spoke on the design process. Commissioner Tobin stated that when these plans are done he is going to have an engineer review them and if there is a significant mistake in these plans he will hold staff responsible. Commissioner Tobin expressed his concern with the continued plantings of swales on North Bay Road. He suggested putting a stamp on plans for new homes or renovations that will let people know that this roadway is going to be redone soon and if they plant or repave in the right-of-way they are going to have to take it out. Commissioner Weithorn expressed her concern with noticing residents during neighborhood projects. Her feeling is that noticing is not consistent. CIP Director Fernando Vazquez described the process for encroachments. He also mentioned that a new website will be coming online by the end of the year that will provide a tremendous amount of information for the residents. He agreed with the Commissioner and said his office will be ramping up communication and will work with the contractor and advice. ACTION: The Committee made no motion. 1 0. Discussion Regarding A Resolution Directing That An Application For A Sidewalk Cafe Permit For The Drexel Avenue And 16th Street Sidewalks In Front Of The Retail Spaces Of The Park@ 420 Garage, Located At The Corner Of 16th Street & Drexel Ave. (5:25PM) Assistant City Manager Jorge Gomez reviewed the background on this situation. Lucia Dougherty spoke. Adam Shedroff spoke. Commissioner Tobin suggested allowing the sidewalk cafe to be open until 10:00pm on weeknights and 12:00am on weekend evenings. Commissioner Gongora stated that he plans have his aide refer a discussion that when an item is referred to a committee, it stays with that committee and it does not bounce between multiple committees. Commissioner Tobin recommended sending this to commission to solve. The major differences are the one-hour on weekdays and the twenty (20) feet on outside tables. Jane Lesson spoke. Ray Breslin spoke. ACTION: The Committee (Commissioners Tobin, Libbin and Exposito present) referred this discussion to the full commission with no recommendation. 11. Discussion Regarding The Various Types Of Water Sports Activities That Exist Today To Amend The 1964 Ordinance. ACTION: Discussion of this item was deferred. 12. Discussion Regarding The Water Feature At The Washington Avenue Entry Of South 111 City Commission Memorandum October 24, 2012 Report of the Neighborhoods/Community Affairs Committee of September 24, 2012 Page 8 of9 Pointe Park. ACTION: Discussion of this item was deferred. 13. Discussion Concerning The Timing Of The Usage Of The City Of Miami Beach's Leaf Blowers. ACTION: Discussion of this item was deferred. 14. Discussion Regarding The Need For Attended Bathrooms In The City Of Miami Beach. (3:23PM) Public Works Department Director Fred Beckmann reviewed the history of this discussion. He added that recently the cleaning of the restrooms has been outsourced. Mr. Beckmann stated that he believes the issue has been a resource problem and now with the contractor having more personnel deployed and actually being a janitorial contractor versus sanitation employees, the level of service has increased significantly. He shared photographs of the restrooms taken in the morning after having been serviced and several hours later. Previously there were only two (2) employees staffed to take care of the restrooms and now the contractor deploys six (6) people to maintain the restrooms. Commissioner Libbin stated that he believes that most important is to have the restrooms serviced throughout the day and the restrooms are open later hours. Commissioner Exposito recalled discussion regarding standards for maintenance of the restrooms. Mr. Beckmann stated that some discussions have occurred related to actually having bathrooms attended full-time. However, while the current contractor is not providing full-time attendants, he believes that they are providing service that meets the City's standards. He added that the janitorial contractor is responsible to report daily to Property Management any damages to the restrooms. Commissioner Exposito believes the intent was to have attendants staffing the restrooms, maybe on a rotational basis. Mr. Beckmann stated that the contractor does, in fact, visit the restrooms every few hours throughout the day. Commissioner Libbin stated that he thinks some time can be given to see how this new process works out. Commissioner Exposito asked if there have been any reports by the new contractor of any problems with people bathing in the restrooms or anything else that makes the public uncomfortable with using the facilities. Mr. Beckmann did not have any information on that, however, he said he would report back in a few months with an update on the status. Commissioner Tobin stated that the condition is very important for the hundreds of thousands of guests that visit the City. Commissioner Exposito requested Administration to return to the Neighborhood/Community Affairs Committee with cost estimates for having an actual attendant in these restrooms, with consideration given to staffing on a rotational basis. Commissioner Tobin stressed that the committee believes this is very important, and asked Mr. Beckmann to speak with the contractor to let them know that if they see anything happening on the beach, they should report to a point of contact. He would like an update back to the committee in November. He added that Mr. Beckman should advise if any additional resources are needed when he returns to the committee in November. 112 Commission Memorandum October 24, 2012 Report of the Neighborhoods/Community Affairs Committee ol s .. ntAmh"' 24, 2012 9 of 9 ACTION: The Committee Neighborhood/Community wa.r·ra.r~ the Administration to return to the November meeting of contract for the provide cost detail any additional resources neJ:;aEm (4:15PM) sentiment for concurrence. with a on the "'"'~"''"'"''"<>"' (4:15PM) to Harbor and bring it to the has no authority to name that it must be done through the state and AT PM, T:\<\GENDA\2012\10-24-12\NCAC REPORT SEPTEMBER 24-2012.doc 113 ~ ~ ~ PLEASE PRINT LEGJBL Y NAME NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE September 24,2012 ·~ ~ ~ CJ1 PLEASE PRINT LEGIBLY NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE S~pt~mb~r 2012 SIGN-IN SHEET I DEPT. ~ ~ 0) ~ ~ PLEASE PRINT LEGIBLY NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE September 2012 SIGN-IN SHEET EMAIL () to&,; c· ~r. ~ ~ ....... f PLEASE PRINT LEGIBLY NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE September 24, 2012 SIGN-IN SHEET ~ ~ 00 I PLEASE PRINT LEGIBLY NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE September 24,2012 SIGN-IN SHEET PHONE NO. EMAIL ~ ~ (£) ttl ~ PLEASE PRINT LEGIBLY NAME NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE September 24,2012 SIGN .. JN SHEET -------··-----~-~· ......... ~------"'"""'T-----· ORGANIZATION I DEPT. I PHONE NO. ---~----------+---~-~-----WI EMAIL --r1!'7 _..:_.,"' • \.UA--.. 5YKP£ ---~~-----·+--~-· -4------+---------1-------·----~-------1 ·-·---------------~----+------·-··-----····--+-···------------·-----~~--~----- ~ N 0 I PLEASE PRINT LEGIBLY NAME NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE September 24, 2012 SIGN-IN SHEET PHONE NO. C7 RES LUTI NS COMMISSION ITEM SUMMARY t four Protect historic building Survey: 1) N/A; 2) 92% of rA~r\fV1r1A as Excellent (an increase of 85 over the 2007 swJaE~StE:d there are "too few" bicycle pathsllanes throughout the City; and, e City support the following funding and execute the related Assistant I Grant Approx 1 Amt. $100,000 122 Match Amount/City AGENDA ri"EM ------- DATE ---""-.!.......t~ of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 331 COMMI MEMORANDUM TO: Mayor Matti Herrera Bower FROM: Interim Manager DATE: 2012 OF OF FLORIDA, CITY HIS TO APPLICATIONS 1) US OF SECURITY, FEDERAL EMERGENCY AGENCY THROUGH THE STATE FLORIDA DIVISION EMERGENCY MANAGEMENT FY 2013 AREA SECURITY FUNDING (UASI) IN APPROXIMATE AMOUNT $100,000 EMERGENCY 2} VILLAGERS .. ,. .... ,.._. .... .- IN $20,000 1 (PROFESSIONAL ENGINEERING SERVICES) THE Of THE PLAYER LOCATED IN PARK; 3) TRANSPORTATION ENHANCEMENT FUNDS IN THE APPROXIMANTE AMOUNT $1,000,000 FOR CONSTRUCTION THE MIDDLE BEACH RECREATION CORRIDOR(MBRC) PHASE2; AND US DEPARTMENT OF SECURITY, FEDERAL ADMINISTRATION (FEMA) FEMA2012 COMMUNITY INNOVATION CHALLENGE FOR IN THE AMOUNT $35,000 CITY'S COMMUNIT RAPID SUPPORT APPROPRIATING THE GRANTS, MATCHING FUNDS EXPENSES, APPROVED ACCEPTED BY THE AND AUTHORIZING THE OF ALL DOCUMENTS THESE APPLICATIONS. ANALYSIS 1' Urban Area Initiative (UASI) is funded through the U.S. Homeland Security under the Homeland Security Grant Program. missions is to the ability of state local government to prevent, nrn1tt:>f't respond to and recover from attacks and other The Tonar-:. !OC<:!tes funding to the different Urban Area groups based on a risk-based program on planning, training and high density areas. The City Miami Beach allocation for the Miami Urban Area. City will be utilizing The Administration intends to amount of $100,000. 123 needs high UASI funding as part the funds to further homeland an application UASI Commission Memorandum Page 2 No matching funds are required. This project supports the key intended outcome; maintain crime rates at or below national trends. 2. Approval to submit a grant application to The Villagers Incorporated for funding in the approximate amount of $20,000 for Phase 1 funding (Professional Engineering Services) for the restoration of the Polo Player Statue located in Polo Park. The Villagers, Inc. is a local organization dedicated to historic preservation. They have a limited amount of funds to grant for historic preservation projects within Miami-Dade County. The organization funds projects that involve either historic or architecturally significant structures or sites within Miami-Dade County. The program is competitive and is judged on the relative significance of the property, the degree of financial need and the assurance that the project can be completed within a two (2) year period after receiving the grant funds. The Administration intends to apply for funding for Phase I (Professional Engineering Services) for the restoration of the Polo Player Statue located in Polo Park. The statue was built in 1924 by Sculptor Ettore Pellegatta. The Polo Player is the only surviving statue of three that we commissioned by Carl Fisher for his polo fields just east of the Nautilus Hotel. A conservation assessment of the Monument was conducted by Douglas Wood and Associates in August 2008. The report noted that the general condition was noted to be "poor'' and the priority "high". No matching funds are required for this grant. This project supports the key intended outcome, protect historic building stock. 3. Approval to submit a grant application to the Transportation Enhancement Funds (TEP) for funding in the approximate amount of $1.000.000 for construction of the Middle Beach Recreation Corridor (MBRC) Phase 2. The Transportation Enhancement program is administered through Florida Department of Transportation (FOOT) District 6 Planning Office and is an element of the Federal Highway Administration's Surface Transportation program. FOOT works with the MPO to solicit and review applications. The City intends to apply for funding in the approximate amount of $1 ,000,000 for the Middle Beach Recreational Corridor (MBRC) project (Phase 2-construction). Funding, if awarded, will not be available until July 2015. This grant does not require matching funds, the City expense for this project is $13,142,146. This project supports the key intended outcome: enhance mobility throughout the City. 4. Approval to submit a grant application to The US Department of Homeland Security, Federal Emergency Management Administration (FEMA) for the FEMA 2012 Community Resilience Innovation Challenge Program for funding in the approximate amount of $35.000 for the City's Community Rapid Response Program. The Federal Emergency Management Agency (FEMA) .. in partnership with the Rockefeller Foundation, has created the 2012 Community Resilience Innovation Challenge. This program, managed through the Los Angeles Emergency Preparedness Foundation, aims to 124 Commission Memorandum Page3 identify and support best practices to strengthen community resilience. Community resilience is the ability to adapt to changing conditions and be prepared to withstand, and recovery from, disruptions due to emergencies. In recognizing and supporting resilience initiatives, the key assessment areas are the applicants' demonstration that their approach to community reliance is innovative, collaboration based with community stakeholders, sustainable, repeatable in that it enables other communities to replicate their successful; approaches, and beneficial to the community in measurable ways. The Administration intends to apply for these funds, in the approximate amount of $35,000 to bring City's Community Rapid Response Program to the residents and businesses of Miami Beach. Community Rapid Response is a municipality-led, citywide initiative that prepares the business and residents of the City to respond and recover from emergency events through proactive awareness, engagement and preparedness. CRR uses media, civic networks and proactive preparedness to strengthen community resilience and ensure its stability and sustainability through prevention and recovery strategies. This grant does not require matching funds. CONCLUSION The Administration requests approval to authorize the City Manager or his designee to submit applications to: 1) US Department of Homeland Security, Federal Emergency Management Agency (FEMA), through the State of Florida Division of Emergency Management for FY 2013 Urban Area Security Funding (UASI) in the approximate amount of $100,000 for the City's emergency needs; 2) The Villagers Incorporated for funding in the approximate amount of $20,000 for Phase 1 funding (Professional Engineering Services) for the restoration of the Polo Player Statue located in Polo Park; 3)Transportation Enhancement Funds (TEP) for funding in the approximate amount of $1,000,000 for construction of the Middle Beach Recreation Corridor (MBRC) Phase 2; and, 4) US Department of Homeland Security, Federal Emergency Management Administration (FEMA) for the FEMA 2012 Community Resilience Innovation Challenge Program for funding in the approximate amount of $35,000 for the City's Community Rapid Response Program; appropriating the above grants, matching funds and city expenses related to the above projects as necessary, if approved and accepted by the City, and authorizing the execution of all documents related to these applications. KGB/JMH T:\AGENDA\2012\ 10-24-12\Grants Memo.doc 125 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO SUBMIT APPLICATIONS TO 1) US DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), THROUGH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR FY 2013 URBAN AREA SECURITY FUNDING (UASI) IN THE APPROXIMATE AMOUNT OF $100,000 FOR THE CITY'S EMERGENCY NEEDS; 2) THE VILLAGERS INCORPORATED, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $20,000 FOR PHASE 1 FUNDING (PROFESSIONAL SERVICES) FOR THE RESTORATION OF THE POLO PLAYER STATUE LOCATED IN POLO PARK; 3) TRANSPORTATION ENHANCEMENT FUNDS (TEP) IN THE APPROXIMATE AMOUNT OF $1,000,000 FOR CONSTRUCTION OF THE MIDDLE BEACH RECREATION CORRIDOR (MBRC) PHASE 2; AND 4) THE US DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION (FEMA) FOR THE FEMA 2012 COMMUNITY RESILIENCE INNOVATION CHALLENGE PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $35,000 FOR THE CITY'S COMMUNITY RAPID RESPONSE PROGRAM; APPROPRIATING THE ABOVE GRANTS, PROGRAM FUNDS AND MATCHING FUNDS, AS NECESSARY IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THESE APPLICATIONS WHEREAS, the Urban Area Security Initiative (UASI) is funded through the U.S. Department of Homeland Security (DHS), under the Homeland Security Grant Program, one of its core missions is to enhance the ability of state and local government to prevent, protect against, respond to and recover from terrorist attacks and other disasters; and WHEREAS, the federal government allocates funding to the different Urban Area groups based on a risk-based methodology; and WHEREAS, the program focuses on planning, equipment, training and exercise needs of high threat, high density urban areas; and WHEREAS, the City of Miami Beach receives UASI funding as part of the allocation for the Miami Urban Area, and the City will be utilizing grant funds to further homeland security needs citywide, and; 126 WHEREAS, the Administration intends to submit an application for UASI funding the approximate amount of $1 00,000; and WHEREAS, no matching funds are required for this project; and WHEREAS, this project supports the key intended outcome; maintain crime rates at or below national trends; and WHEREAS, the Villagers, Inc. is a local organization dedicated to historic preservation and have a limited amount of funds to grant for historic preservation projects within Miami-Dade County; and WHEREAS, the organization funds projects that involve either historic or architecturally significant structures or sites within Miami-Dade County; and WHEREAS, the program is competitive and is judged on the relative significance of the property, the degree of financial need and the assurance that the project can be completed within a two (2) year period after receiving the grant funds; and WHEREAS the Administration intends to apply for funding for Phase I (Professional Engineering Services) for the restoration of the Polo Player Statue located in Polo Park; and WHEREAS, the statue was built in 1924 by sculptor Ettore Pellegatta., the Polo Player is the only surviving statue of three that we commissioned by Carl Fisher for his polo fields just east of the Nautilus Hotel; and WHEREAS, a conservation assessment of the Monument was conducted by Douglas Wood and Associates in August 2008; and WHEREAS the report noted that the general condition was noted to be "poor" and the priority "high"; and WHEREAS, no matching funds are required for this grant; and WHEREAS, this project supports the key intended outcome, protect historic building stock; and WHEREAS, the Transportation Enhancement program is administered through Florida Department of Transportation (FOOT) District 6 Planning Office and is an element of the Federal Highway Administration's Surface Transportation program; and WHEREAS, FOOT works with the MPO to solicit and review applications and the District will have approximately $4 million available for programming in FY 2016; and WHEREAS, FOOT staff has advised the Administration that unfunded projects that were recommended for funding in last years' application review cycle will take priority over new applications this year; thus reducing the $4 million available for new projects; and 127 WHEREAS The City intends to apply for funding in the approximate amount of $100,000 for the Middle Beach Recreational Corridor (MBRC); and WHEREAS funding, if awarded, will not be available until July 2014 and will be used for the construction phase of the MBRC (see description in TCSP request, above), and WHEREAS, this grant does not require matching funds although the City expense for this project is $13,142, 146; and WHEREAS, this project supports the key intended outcome: enhance mobility throughout the city; and WHEREAS, the Federal Emergency Management Agency (FEMA)... in partnership with the Rockefeller Foundation, has created the 2012 Community Resilience Innovation Challenge managed through the Los Angeles Emergency Preparedness Foundation aiming to identify and support best practices to strengthen community resilience to adapt to changing conditions and be prepared to withstand, and recovery from, disruptions due to emergencies and in recognizing and supporting resilience initiatives, the key assessment areas are the applicants' demonstration that their approach to community reliance is innovative, collaboration based with community stakeholders, sustainable, repeatable in that it enables other communities to replicate their successful; approaches, and beneficial to the community in measurable ways; and WHEREAS, the Administration intends to apply for these funds, in the approximate amount of $35,000 to bring City's Rapid Response Program to the residents and businesses of Miami Beach; and WHEREAS, Community Rapid Response is a municipality-led, citywide initiative that prepares the business and residents of the City to respond and recover from emergency events through proactive awareness, engagement and preparedness ant it uses media, civic networks to strengthen community resilience and ensure its stability and sustainability through prevention and recovery strategies; and WHEREAS, City's Rapid Response Program candidates include fuel services merchants, building and hardware merchants, medical treatment and medical drug providers, food supply merchants, etc; and WHEREAS, this grant does not require matching funding. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City Manager or his designee to submit the following applications to: 1) US Department of Homeland Security, Federal Emergency Management Agency (FEMA), through the State of Florida Division of Emergency Management for FY 2013 Urban Area Security Funding (UASI) in the approximate amount of $100,000 for the City's emergency needs; 2) The Villagers Incorporated for funding in the approximate amount of $20,000 for Phase 1 funding (Professional Engineering Services) for the restoration of the Polo Player Statue located in Polo Park; 3)Transportation Enhancement Funds (TEP) for funding in the approximate amount of $1,000,000 for construction of the Middle Beach Recreation Corridor (MBRC) Phase 2; and, 4) US Department of Homeland Security, Federal Emergency Management Administration (FEMA) for the FEMA 2012 Community 128 Res!Uence Innovation Program funding in approximate amount $35,000 for City's Rapid Response Program; appropriating the program funds and matching funds, as necessary if approved and and authorizing the execution of all documents related to these applications. PASSED and ADOPTED this ___ day of ___ , 2012 MAYOR CITY CLERK JMG/KGB/JMH T:\AGENDA\2012\10-24-12\Grants Reso.doc 129 Issue: Recommendation Administration To Enter into With The Second-Ranked I Shall the Commission Adopt the Resolution? The City conducts cost allocation studies to determine the annual costs incurred in the City in the area known as "South Pointe", formerly the South Pointe Redevelopment District Area funded by tax increment revenues; as well and the cost of City services that are eligible to be funded from Resort Taxes. Further, some of the Resort Tax eligible costs are within the South Pointe area, and, as a result, the studies Resort Tax costs that are outside the South Pointe area. The may also other costs allocation studies on an as needed basis. On June 6, 2012, the Commission authorized the Administration to issue an RFP to solicit proposals for cost allocation studies for the of Miami Beach. RFP No. 50-11/12 was issued on 11, 2012, with notifications sent to over 40firms. This outreach resulted in the receipt of three from Maximus Inc.; MGT of America, · Sequoia Consulting Group, Inc. An Evaluation Committee appointed the Interim Manager reviewed the proposals, listened to presentations and in question and answer sessions with each of the proposers, and discussed the The Committee scored and ranked the three (3) proposals, and based on the published evaluation criteria, the Committee ranked Maxim us, Inc. as the top-ranked firm and MGT of America, Inc. as the second-ranked firm. ADOPT THE RESOLUTION Financial Information: Source of Funds: 1 2 Account Professional Services Account No. 011.9322.000312 City Manager ........................................................ T:\AGENDA\2012\10-24·12\Cost Allocation Studies Summary.doc MIBE AGENDA ITEM ____ _ DATE _..:;___..:;__:__.::.....::::.::...... 130 City of Miami Beach1 700 Convention Center Drive, Miami Florida 33139, COMMISSION MEMORANDUM Mayor Matti Herrera Bower Members of City DATE: October 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 50~11/12 FOR COST ALLOCATION STUDIES FOR THE CITY OF MIAMI BEACH; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM, MAXIMUS CONSULTING SERVICES, INC., AND SHOULDTHE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITHTHESECOND~RANKED FIRM, MGT OF AMERICA, INC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO AN AGREEMENT UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. FUNDING Not to exceed annually Funding is available 1-9322-000312 ADMINISTRATION RECOMMENDATION Adopt KEY INTENDED OUTCOME Professional health maintain overall bond rating BACKGROUND AND ANALYSIS Account No. Miami Beach to its service departments in Enterprise through support nn''"'rl'""" such as the City and Performance nrr\\.tArflAnr Procurement, and departments, cost allocation on a to document and costs these to operating departments based on an Indirect Cost Allocation Study. These studies provide auditable for appropriately offsetting costs in the General Fund by the appropriate costs to the Special The was performed 2007/08 audited costs. In the cost costs in the 131 October 24, 2012 City Commission Memorandum Cost Allocation Studies Page 2 of 4 City area known as "South Pointe", formerly the South Pointe Redevelopment District Area, funded by tax increment revenues, as well and the cost of City services that are eligible to be funded from Resort Taxes. Further, some of the Resort Tax eligible costs are within the South Pointe area, and, as a result, the studies identify Resort Tax eligible costs that are outside the South Pointe area. The Mayor and City Commission at its June 6, 2012, meeting, authorized the Administration to issue an RFP for cost allocation studies for the City of Miami Beach. The purpose of the RFP was to select a qualified consulting firm to conduct cost allocation studies for the City. These costs allocation studies include Indirect Cost Allocation Studies, South Pointe Cost Allocation Studies, and Resort Tax Cost Allocation Studies. The City may also require other cost allocation studies on an as-needed basis. The City intends to enter into an agreement with an initial term of three {3) years with the sole option and discretion of the City Manager to renew for two (2) additional one (1) year periods. RFP PROCESS RFP No. 50-11/12was issued on July 11,2012, and the Procurement Division e-mailed, as well as uploaded the RFP to Bid Net, sending notifications to over 40 firms. A non-mandatory pre-proposal meeting to provide information and respond to questions from prospective proposers was held on July 17, 2012. On the due date of August 6, 2012, three (3) proposals were received from the following firms: • Maximus, Inc. • MGT of America, Inc. • Sequoia Consulting Group, Inc. On July 23, 2012, the Interim City Manager via Letter to Commission No. 191-2012, appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Ruth Cooper David Lancz Anna Parekh James Sutter Allison Williams Alternate: Barbara Knaub Resident and Leadership Academy Graduate Resident and Budget Advisory Committee Member Real Estate, Housing and Community Development Director, CMB Internal Auditor, CMB Chief Accountant, CMB Leadership Academy Graduate The Committee convened on August 20, 2012, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, and revisions to the Government in the Sunshine Law. David Lancz was selected as the Committee Chairperson. The Committee listened to presentations, and participated in question and answer sessions with each of the three (3) proposers. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, for a total of 1 00 points, which was as follows: • Qualifications of individuals assigned to work with the City 35 points 132 October 24, 2012 City Commission Memorandum Cost Allocation Studies Page3of4 • • Consultant(s) experience and past performance with similar projects Proposed Fees • Methodology and Approach Total 20 points 35 points 10 points 100 points Additional points would have been allocated, if applicable, pursuant to, the following ordinances: LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. None of the three (3) firms met the criteria for the above noted Ordinances. The Committee discussed each of the proposals and the corresponding presentations, and proceeded to score and rank them as follows: Ruth David Anna Jim Allison Ranking Cooper Lancz Parekh Sutter Williams of Firm Maxim us 93 95 (1) 99 (1) 89 (2) 6 MGT of 90 (2) 86 (3) 88 (3) 90 (1) 11 America Sequoia 82 13 The Committee ranked Maximus, Inc. as the top-ranked firm, and further agreed to the ranking of MGT of America, Inc. as the second-ranked firm, and Sequoia Consulting Group, Inc. as the third- ranked firm. Maximus, Inc., based in Tallahassee, Florida, is an international consulting firm and is the largest management consulting firm in the United States that serves public sector clients. It is a publicly owned company, traded on the New York Stock Exchange. Maximus has annual revenues in excess of $930 million, and has over 8,000 employees. Cost allocation plans and cost of service studies for state and local governments are the core offerings of Maximus. The firm prepares over 1 ,500 cost allocation studies on an annual basis. The project management team members are well qualified and have extensive experience. Maximus has performed cost allocation studies for several public agencies in Florida. MGT of America, Inc. is a national research and management consulting firm, based in Tallahassee, Florida. The firm has a staff of over 80 employees, is privately-held, and dedicated to providing cost consulting services for cities, counties, and special districts. 133 October 24, 2012 City Commission Memorandum Cost Allocation Studies Page 4 of4 MGT's project management team is experienced in providing cost allocation studies to several state and local governments, and is well qualified. The firm has provided cost allocation studies for a number of municipalities in Florida. Sequoia Consulting Group, Inc. is incorporated in the state of Indiana, and is 100% employee owned. Currently, Sequoia has over 25 staff members providing services to state and local government clients. The project management team is well qualified, however, the firm has not performed cost allocations studies in the state of Florida as of yet. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, which recommends the acceptance of the ranking of firms pursuant to Request for Proposals (RFP) No. 50-11/12 for Cost Allocation Studies for the City of Miami Beach, and authorizes the Administration to enter into negotiations with the top-ranked firm, Maxim us, Inc., and should the Administration not be able to negotiate an agreement with the top-ranked firm, authorizing the Administration to negotiate with the second-ranked firm, MGT of America, Inc.; and further authorizes the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration T:\AGENDA\2012\1 0-24-12\Cost Allocation Studies Memo.doc 134 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 50-11/12 FOR COST ALLOCATION STUDIES FOR THE CITY OF MIAMI BEACH; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM, MAXIMUS CONSULTING SERVICES, INC., AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM, MGT OF AMERICA, INC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, the City of Miami Beach provides administrative support to its service departments in the General Fund, Enterprise Funds, and Special Revenue Funds, through administrative support departments such as The Manager's Office, Finance, Human Resources, Budget and Performance Improvement, Procurement, and other departments; and WHEREAS, the City has conducted prior cost allocation studies, on a periodic basis, to document and allocate the costs of these services to operating departments based on an Indirect Cost Allocation Study; and WHEREAS, on June 6, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) for cost allocation studies for the City of Miami Beach; and WHEREAS, on July 11,2012, RFP No. 50-11/12 was issued and notices were sentto over 40 firms; and WHEREAS, on the specified due date, the Procurement Division received responses from Maximus, Inc.; MGT of America, Inc.; and Sequoia Consulting Group, Inc.; and WHEREAS, on July 23, 2012, the Interim City Manager via Letter to Commission No. 191- 2012, appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Ruth Cooper-Resident and Leadership Academy Graduate; David Lancz -Resident and Budget Advisory Committee Member; Anna Parekh -Real Estate, Housing and Community Development Director, CMB; James Sutter-Internal Auditor, CMB; Allison Williams -Chief Accountant, CMB; and WHEREAS, the Committee convened on August 20, 2012, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, the Government in the Sunshine Law, listened to presentations, and participated in question and answer sessions with each of the three (3) proposers; and WHEREAS, the Committee scored and ranked each proposal pursuant to the evaluation criteria established in the RFP: 135 and Proposed Fees ~ 35 points; -10 America, Inc. as WHEREAS, the concurs and as top-ranked and MGT of NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor City Commission hereby accept the recommendation the Manager pertaining to the ranking proposals pursuant to Request for Proposals (RFP) No. 50-11/12 For Cost AHocation Studies for the City Beach; Administration to enter negotiations with top-ranked Inc., and should the Administration not able to negotiate an with the ranked firm, authorize the to MGT of America, Inc.; and further authorize the and Clerk to execute an agreement the completion of successful negotiations by the Administration. PASSED AND ADOPTED this ___ day of-------' 2012. ATTEST: Rafael E. Granado, City Herrera Bower, Mayor T:V\GENDA\201 2\9-12-12\Ccs! Allocation Studies Reso.doc 136 THIS PAGE INTENTIONALLY LEFT BLANK 137 COMMISSION SUMMARY Condensed Title: Approving a settlement in the amount of 1 ,672.30 for city liens on property owned by Showtime Theatres, Inc., located at 429 Lenox avenue, Miami Beach, Florida, in amount of $111,672.30 Outcome Sup orted: with Mayor and City Commission Resolutions approving A reement? Item Su dation: On June 14, 2006, a Notice of Violation was issued by the Building Department to Showtime Theatres Inc. "Property Owner") for failing to remove and replace damaged gypsum boards in connection with a ruptured PVC pipe in the building. On July 17, 2007, an Affidavit of Non~Compliance was fHed with the Clerk of the Special Master, and thereafter, a lien was recorded in the public records in and for Miami-Dade County, Florida. On December 6, 2007, the Property Owner corrected the violation and an Affidavit of Compliance was issued on May , 2008. On March 1, Lawrence A Gordich was appointed as the in connection with the Litigation. During course of the receivership, the Receiver has diligently worked to resolve all issues with the City of Miami Beach. In September, 2, members of the Department, as we!! as a representative from the City Attorney's Office, met with counsel for the Receiver representative to discuss settling the underlying lien. It was agreed to settle the underlying for 1 O%tof the amount owed or $11,672.30, sub·ect to Commission a rovaL Clerk's Office Ml MIBEA ---···~~--·--~~-· .... ~----............................................................... --·······••""" Account 138 City Manager ~ AGENDA ITEM --:------ DATE -.L.~....L.....~""·· Ml MIBEA H of Miami Beach, 1700 Convention Center Drive, Miorr1 Beach, Florido 33139, FROM: Adopt ANALYSIS COMMISSION MEMORANDUM Mayor Matti Bower and Members City Brooks, Interim City Manager RESOLUTION OF COMMISSION THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT IN AMOUNT $11 ,672.30 ON PROPERTY OWNED BY SHOWTIME LOCATED AT 429 LENOX AVENUE, MIAMI ORIGINAL AMOUNT OF 11 AUTHORIZING THE MANAGER ANY AND ALL COMPLETE SUCH SETTLEMENT AND LIEN RELEASE. as described. 429 Avenue, Miami amount $111 are ""'-'""'""'"'damaged gypsum boards in connection of 14, ~-.u::.<:>r-n recorded a lien in the .:.n.:1'"'""""'"' to real June 14, 2006, a Notice Violation was by Showtime Inc. {the "Property Owner") for failing to remove gypsum boards in connection with a ruptured pipe in building. 139 Special Master Hearings: At the initial hearing before the Special Master, the Special Master set a compliance date of January 3, 2007 or a fine of $250.00 per day for noncompliance would commence as of January 3, 2007. On July 17, 2007, an Affidavit of Non-Compliance was filed with the Clerk of the Special Master, and thereafter, a lien was recorded in the public records in and for Miami-Dade County, Florida. On December 6, 2007, the Property Owner corrected the violation and an Affidavit of Compliance was issued on May 21, 2008. The Property Owner timely requested mitigation. However, the Property Owner failed to appear for the hearing scheduled for May 6, 2010. Circuit Court Action: On March 22, 2011, Lawrence A. Gordich was appointed as the Receiver in connection with the litigation involving a dispute between the lender and the Property Owners. During the course of the receivership, the Receiver has worked diligently to resolve all issues with the City of Miami Beach. Settlement Negotiations: In September, 2012, members of the Finance Department, as well as a representative from the City Attorney's Office, met with counsel for the Receiver representative to discuss settling the underlying lien. Based on the age of the lien, the non-life safety nature of the violation, and a review of the companion case, case number JB06004 72, which involved a notice of violation for failing to obtain a building, electrical and plumbing permit in connection with interior renovations without a permit, which when in compliance, the Special Master reduced the fine from $103,388.99 to $10,338.00 (10%), the parties have agreed to settle the underlying lien on a similar percentage, for $11,672.30, subject to Commission approval. The Receiver warrants that the Property is in compliance with City codes. ADMINISTRATION RECOMMENDATION: Adopt the Resolution authorizing the City Manager to execute any and all documents necessary to complete such lien release and settlement. 2 140 Special Master reduced the fine from $103,388.99 to $10,338.00 (10%), the parties have agreed to settle the underlying lien on a similar percentage, for $11,672.30, subject to Commission approval. The Receiver warrants that the Property is in compliance with City codes. ADMINISTRATION RECOMMENDATION: Adopt the Resolution authorizing the City Manager to execute any and all documents necessary to complete such lien release and settlement. 3 141 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE AMOUNT OF $11,672.30 FOR CITY LIENS ON PROPERTY OWNED BY SHOWTIME THEATRES, INC, LOCATED AT 429 LENOX AVENUE, MIAMI BEACH, FLORIDA, IN THE ORIGINAL AMOUNT OF $111,672.30, AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH SETTLEMENT AND LIEN RELEASE. WHEREAS, the property located at 429 Lenox Avenue, Miami Beach, Florida (the "Property") has accumulated fines, in the amount of $111 ,672.30; and WHEREAS, the Property is owned by Showtime Theatres (the "Property Owner"); and WHEREAS, the Property has a lien recorded against it for the Property owner's failure to remove and replace damaged gypsum boards in connection with a PVC pipe rupture; and WHEREAS, fines have accumulated in the amount of $111 ,672.30; and WHEREAS, in review of the history of the violations; the violation was minor in nature, did not pertain to life safety issues; and the amount of the fines accumulated exceeded the appropriate penalty; and WHEREAS, Lawrence A. Gordich is the duly appointed Receiver in the case styled in the matter of CDR Creances S.A.S. vs Leon Cohen, etc., et al. Case Number 08-50688 CA 32 pending in the 11th Judicial Circuit in and for Miami-Dade County, Florida; and WHEREAS, the payment of $111,672.30 would be disproportionate to the nature of the violations; and WHEREAS, in light of these circumstances, the Administration recommends that the City Commission approve a $11,672.30 settlement amount for these Properties as a penalty more in keeping with the nature of the violations. 142 . ' 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 approve settlement the amount of $11,672.30 liens on property owned Showtime Theatres located at 429 Avenue, Miami Beach, Florida, in the original $111.672.30, and further authorizing the City Manager to such action any and all necessary documents to complete such release and settlement PASSED and ADOPTED this __ day of ______ , 2012. MAYOR ATTEST: CITY CLERK 143 SETTLEMENT AND RELEASE OF LIEN AUTHORIZATION PROPERTY ADDRESS: PROPERTY OWNER: CASE NUMBER: NATURE OF LIEN: LIEN AMOUNT: LEGAL DESCRIPTION: 429 Lenox Avenue, Miami Beach, Florida Showtime Theatres Inc. JB06000435 Building Violation $111,672.30 Folio Number: 02-4204-005-0010. Said property being known as 429 Lenox Avenue, Miami Beach, Florida: Lots 7 and 8 in Block 40 of GEORGE W. MUSSETT'S RESUBDIVISION OF LOTS 9 to 12, of OCEAN BEACH ADDITION NO. 3, according to the Plat thereof, as recorded in Plat Book 38 at Page 69, of the Public Records of Miami-Dade County, Florida Pursuant to the authority vested in the City Charter section 4.02 and section 30.74(h) of the Code of the City of Miami Beach, Florida to enter into a Settlement Agreement for a lien against property filed by the City of Miami Beach, this Settlement Agreement is entered into with Lawrence A. Gordich, as the Court appointed receiver/substitute trustee (the "Receiver") in the matter of CDR Creances S.A.S. vs Leon Cohen, etc., et al. Case Number 08-50688 CA 32 pending in the 11th Judicial Circuit in and for Miami- Dade County, Florida, (the "Litigation") to settle and provide for the release of lien encumbering the property located at 429 Lenox Avenue, Miami Beach, Florida. The City Clerk of the City of Miami Beach is hereby directed and authorized to release the lien associated with the above referenced case number, which is imposed upon the real property located at 429 Lenox Avenue, Miami Beach, Florida, pursuant to conditions herein and as described herein. Description of Violation: On June 14, 2006, a Notice of Violation was issued by the Building Department to Showtime Theatres Inc. (the "Property Owner") for failing to remove and replace damaged gypsum boards in connection with a ruptured PVC pipe in the building. 144 Special Master Hearings: At the initial hearing before the Special Master, the Special Master set a compliance date of January 3, 2007 or a fine of $250.00 per day for noncompliance would commence as of January 3, 2007. On July 17, 2007, an Affidavit of Non-Compliance was filed with the Clerk of the Special Master, and thereafter, a lien was recorded in the public records in and for Miami-Dade County, Florida. On December 6, 2007, the Property Owner corrected the violation and an Affidavit of Compliance was issued on May 21, 2008. The Property Owner timely requested mitigation. However, the Property Owner failed to appear for the hearing scheduled for May 6, 2010. Circuit Court Action: The complaint alleged that CDR Creances's predecessor-in-interest, Societe de Banque Occidentale (the "Bank") loaned money to Euro-American Lodging Corporation, a company owned and controlled by Leon Cohen, Maurice Cohen, Lea Cohen and Sonia Cohen ( collectively, the "Cohens") for the purpose of purchasing and renovating a New York City hotel. The loan was secured by the revenues generated by the hotel and two mortgages on the hotel property, among other assets. The complaint further alleges the Cohen diverted hotel revenues from the hotel, sold the hotel, kept the sale proceeds, hid the stolen money in offshore bearer share corporations and Swiss bank accounts and ultimately used these funds to purchase and maintain several properties owned by the Cohens and their newly formed corporations including the property located at 429 Lenox Avenue, Miami Beach, Florida. In the Complaint, the Bank sought to enjoin the transfer of the properties in Florida, and to impose a constructive trust on them. The last known addresses of the Cohens, as indicated in the Final Judgment are as follows: Leon Cohen and Maurice Cohen, Broward County Jail, 555 S.E. 1 Avenue, Ft. Lauderdale, Florida; Lea Cohen, Camino de Mesoncillos 13 Moraleja, 28100 Alcobendas, Spain; and Sonia Cohen, 15 Boulevard du Larvotto, Le San Juan, Monaco. On March 22, 2011, Lawrence A. Gordich was appointed as the Receiver in connection with the Litigation. During the course of the receivership, the Receiver has diligently worked to resolve all issues with the City of Miami Beach. Settlement Negotiations: In September, 2012, members of the Finance Department, as well as a representative from the City Attorney's Office, met with counsel for the Receiver representative to discuss settling the underlying lien. Based on the age of the lien, the non-life safety nature of the violation, and a review of the companion case, case number JB0600472, which involved a notice of violation for failing to obtain a building, electrical and plumbing permit in connection with interior renovations without a permit, which when in 2 145 compliance, the Special Master reduced the fine from $103,388.99 to $10,338.00 (10%), the parties have agreed to settle the underlying lien on a similar percentage, for $11,672.30, subject to Commission approval. Conditions of Settlement: The City's lien recorded in Official Records Book 25511 at Page 2877 in the Public Records of Miami-Dade County, Florida is hereby settled in the amount of $11,672.30, receipt of which is hereby acknowledged. The Receiver warrants that the Property is in compliance with City codes. The Clerk of the Special Master is hereby authorized to satisfy the above reference lien. Kathie G. Brooks, Interim City Manager Date AGREEMENT TO SETTLEMENT AND RELEASE AUTHORIZATION I have read this Settlement and Release of Lien Authorization, regarding 429 Lenox Avenue, Miami Beach, Florida, Special Master Case Number set forth above, and I understand and agree to its terms and have executed same for its purposes herein stated. Accepted by: _____________ _ By: Lawrence A. Gordich, as Receiver Date STATE OF FLORIDA ) ): ss COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of October, 2012 by Lawrence A. Gordich, as Receiver of PCCO, Inc. f/kla Alan Lieberman Management Corporation, Inc., who has produced her/his driver's license as identification and who did/did not take an oath. My commission expires: Notary Public, State of Florida Print name 3 146 THIS PAGE INTENTIONALLY LEFT BLANK 147 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Electing Commissioner Michael G6ngora, Group W, As Vice-Mayor For A Term Commencing On November 1, 2012, And Terminating On February 2013, Or On Such Date When A New Vice- Mayor Is Thereafter Elected. The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months. Since 1994, the rotation has been by Commission Group numbers in the following sequence, Group I, II, m, IV, and VI. Based on this direction, the next Vice-Mayor Group is m. The term for the next Vice-Mayor is November 1, 2012 and terminating on February 2013. Commissioner Michael Gongora (Group Ill) is next in the rotation to serve as Vice-Mayor. Financial Information: Source of Funds: OBPI 1 2 i 3 Financial Impact Summary: Account H 148 Manager AGENDA iTEM·-~___::::.____ DATE .~:__;x;;;_,~~ City of Miami llecach, 1700 Convention Cenim Dnve,. h\iarni Beach, florida 33139, COMMISSION MEMORANDUM TO FROM: Kathie Brooks, Interim City Manager DATE: October 2 SUBJECT: A RESOLUTION MAYOR AND CITY COMMISSION THE CITY MIAMI FLORIDA~ ELECTING COMMISSIONER MICHAEL •. ,.,. ... ,,."",.._."'''"'· Ill, VICE-MAYOR A TERM COMMENCING NOVEMBER 1, AND TERMINATING ON FEBRUARY 3, OR ON DATE WHEN A NEW VICE*MAYOR ANALYSIS City established a policy rotating the position Vice-Mayor every four (4) months. 1994, the rotation has been by Commission Group number in the following sequence, Group I, II, !!!, IV, on direction, the next Vice-Mayor Group is Group !It The term for Mayor is November 1, 2012 through 2013. Commissioner Michael (Group 1!1) is in the rotation to serve as Vice-Mayor. T:\AGENDA \2012\ i 0-24-12\VICe-mayor .cm.doc 149 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ElECTING COMMISSIONER MICHAEl GONGORA, GROUP Ill, AS VICE-MAYOR FOR A TERM COMMENCING ON NOVEMBER 1, 2012, AND TERMINATING ON FEBRUARY 28, 2013, OR ON SUCH DATE WHEN A NEW VICE· MAYOR IS THEREAFTER ELECTED. WHEREAS, Mayor and City Commission established a policy of rotating the position of Vice-Mayor every four months; and WHEREAS, the term commencing on November 1, 2012 and terminating on February 3, the Mayor and City Commission herein Commissioner Michael Gongora as Vice- Mayor. NOW, THEREFORE, BE IT DUlY RESOl VEO BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FlORIDA that Commissioner Michael Gongora is hereby e!e<~tea as Vice-Mayor of the City of Miami Florida, for a term commencing on November 1, 201 and terminating on February 2013, or on date when a new Vice Mayor is r"'""""""'n"' .. e1ec~reo PASSED and ADOPTED THIS RAFAEL E. GRANADO, CITY CLERK T:\AGENDA \2012\ i 0-24-i 2\vice-mayor-RES.doc 150 2. MATTI HERRERA BOWER, MAYOR THIS PAGE INTENTIONALLY LEFT BLANK 151 reducing or threshold for Neighborhood over 150 seats (currently review is for 300 seats or more). The recommends that the Commission ho<:orm'" for November 2012. 152 SUMMARY District #5 in the Industrial District requirements the Resolution a First ··································---- AGENDA iTEM~-::---::-- DATE ----<--'-="-· IBE City of Mi(lmi 8eod1, 1700 Convention Center Drive, Miorni fiorido 33 39, TO Mayor Matti Herrera Bower and Members of the FROM Kathie Brooks, Interim City Manager DATE October 20 '! 2 SUBJECT "CONDITIONAL IN THE 1-1 1 ARTICLE CONSIDER 130, "OFF-STREET " SECTION 1 A NEW PARKING "OFF-STREET 3 AND DISTRICT AVENUE ON THE EAST SECT! ON CONDITIONAL AMENDING " DIVISION 5, AMENDING SECTIONS ...... -......... "CONDITIONAL COMMERCIAL 142-302, "MAIN USES," AND PERMITTED, DISTRICT " BY CLARIFYING COND!TI()NJl\L USES IN PARKING proposed ordinance would reducing or in~l'inn set a Commission Memorandum Setting of the Public Hearing: Parking District #5 -Sunset Harbour Neighborhood October 24, 2012 Page 2of 3 Development of slightly larger projects would be required to provide parking; however, these particular projects would be permitted to pay a fee-in-lieu of providing parking on site. Large developments in excess of 15,000 square feet would continue to be required to provide parking on-site or within 500 feet. The cutoff for the parking reduction is 3,500 square feet per business, with a maximum aggregate of no more than 10,000 square feet of total area for one building. Similar thresholds apply to restaurants. On January 18, 2012, the Land Use and Development Committee recommended that an ordinance be forwarded to the Planning Board that included the following: • Within the Sunset Harbour neighborhood, eliminate parking requirements for restaurants of 100 seats or less, and up to 3,500 sq. ft., and for retail stores up to 3,500 sq. ft. • Requirement for Conditional Use for alcoholic beverage establishments greater than 1 00 restaurant seats or 125 person patron occupancy content. • Requirement for Conditional Use for main use parking garages in 1-1 district. • Consideration of permitting the satisfaction of required parking through the payment of a fee in-lieu of parking for developments of <1 0,000 sq. ft. of new construction .. ANALYSIS Past discussions have focused on steps that can be taken to lessen the intensity of uses within the Sunset Harbor neighborhood including the 1-1 and CD-2 districts in order to limit negative impacts of the businesses in the neighborhood. One way to do this that was identified by Planning Department staff is to encourage commercial uses that are compatible with the residential edge around the district. Those uses that are compatible with the residential edge, such as offices, dry cleaners, small coffee shops and small restaurants enhance the neighborhood by providing services nearby and avoiding the use of a car to take care of these common, everyday necessities. Other uses that are compatible with residential uses are retail stores, newspaper stands, among others, and the existing grocery stores-Publix and the just completed Fresh Market. Current regulations permit these types of neighborhood businesses, but parking continues to be a problem. Reductions in parking requirements would encourage these types of uses. In past discussions, the Commission has directed staff to look into the potential for such parking reductions, which could be similar to the parking districts currently existing for Lincoln Road, 41st and 71 5t Streets. Now that the City parking garage in the Sunset Harbour neighborhood is operational, the capacity and usage of the new garage can be examined. This type of parking district program is designed to encourage desirable uses that are compatible with the neighborhood's scale, while not at the same time permitting overdevelopment of large, impactful projects that might be out of scale with the area. Parking Districts 2, 3 and 4 (Lincoln Road, 41st and 71 5t Streets) were intended to attract retail and restaurant uses to these busy commercial corridors. They are effective because of the large amount of public parking in close proximity to these areas. Therefore, although retail and commercial uses are not required to provide parking, customers may easily find parking in the nearby public parking lots or garages. Note that these parking districts do not exempt residential or office uses from meeting parking requirements, as they have a different parking characteristic from retail. Persons shopping and dining tend to come and go throughout the day and evening, while office employees tend to stay parked all day long, and residents must find parking nearby each evening. Nevertheless, an initiative to reduce parking requirements could be focused upon 154 Commission Memorandum of the Public Hearing. Distnct #5 -Sunset Harbour Neighborhood October 2012 Page 3 of 3 combination of uses that the wishes to encourage in this area. held a to this Planning Board proposal would Harbour neighborhood into an attractive, low 2 to 0·24-12\Sunset Harbor District 5 ·PH MEMO.docx 155 RESOLUTION A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE CITY CODE CHAPTER 130, "OFF- STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," BY CREATING A NEW PARKING DISTRICT NO. AMENDING SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO.5 FOR PROPERTIES GENERALLY BOUNDED BY PURDY AVENUE ON THE WEST, 20TH STREET ON THE NORTH, ALTON ROAD ON THE EAST AND DADE BOULEVARD ON THE SOUTH; AMENDING SECTION 142-483, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDITIONAL USES IN THE 1-1 URBAN LIGHT INDUSTRIAL DISTRICT; AMENDING CHAPTER 142, ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142-302, "MAIN PERMITTED USES," SECTION 142-303, "CONDITIONAL USES," AND SECTION 142-305, "PROHIBITED USES/' BY CLARIFYING THE PERMITTED, PROHIBITED AND CONDITIONAL USES IN PARKING DISTRICT #5. WHEREAS, Land and Development Committee has examined the Sunset Harbour neighborhood past several and WHEREAS, it been determined that it is in best interests the City to encourage within Harbour area an environment for neighborhood nnc>n'"'"' pedestrian sca:1ea commercial development to take place: and WHEREAS, amending Parking Requirements of the Land Development Regulations of the City Code the Sunset Harbour is neighborhood would such commercial development; and WHEREAS, the proposed Ordinance the Planning Board, which at its June 2 public hearing recommended by a vote 5-0 the Commission adopt such ordinance amendment NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Commission authorize the setting of a public hearing on November 14, 2 to consider the proposed amendment to the Development Regulations City PASSED ATTEST: CITY CLERK --------' 2012. MAYOR APPROVED AS FORM AND LANGUAGE & TION orney ~ 0-24-12\Sunset Harbor Parking District 5-PH RESO.docx 156 PARKING DISTRICT NO. 5-SUNSET HARBOUR ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," BY CREATING A NEW PARKING DISTRICT NO.5; AMENDING SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO. 5 FOR PROPERTIES GENERALLY BOUNDED BY PURDY AVENUE ON THE WEST, 20TH STREET ON THE NORTH, ALTON ROAD ON THE EAST AND DADE BOULEVARD ON THE SOUTH; AMENDING SECTION 142-483, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDITIONAL USES IN THE 1-1 URBAN LIGHT INDUSTRIAL DISTRICT; AMENDING CHAPTER 142, ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142-302, "MAIN PERMITTED USES," SECTION 142-303, "CONDITIONAL USES," AND SECTION 142-305, "PROHIBITED USES," BY CLARIFYING THE PERMITTED, PROHIBITED AND CONDITIONAL USES IN PARKING DISTRICT #5; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Sunset Harbour neighborhood, as delineated by the boundaries in this ordinance is a neighborhood in transition from the light industrial uses that originally occupied the area, to an area of mixed uses; and WHEREAS, is it is desirable to lessen the intensity of the uses in this area in order to provide uses that are compatible with the residential aspect of the neighborhood; and WHEREAS, the purpose of this regulation is to provide incentives for a low-scale, neighborhood friendly development where people and commerce can exist side-by-side; and WHEREAS, the required parking as currently established in the Land Development Regulations of the City Code is one of the obstacles to promote a better quality of life to the residents of the area and to a more pedestrian-friendly neighborhood; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. 1 of 5 157 SECTION 1. Chapter 130, "Off-Street Parking," Article II "District Requirements," Section 130-31 "Parking Districts Established," is hereby amended by creating a new Parking District No. 5, as follows: Sec. 130-31.-Parking districts established. (a) For the purposes of establishing off-street parking requirements, the city shall be divided into fGYf five parking districts. * * * .(§) Parking district No. 5-Sunset Harbour Neighborhood. Parking district No. 5 includes those properties generally bounded by Purdy Avenue on the west. 201h Street on the north. Alton Road on the east and Dade Boulevard on the south. SECTION 2. Section 130-33 "Off-Street Parking Requirements for Parking Districts 2, 3, and 4," is hereby amended as follows: Section 130-33. Off-Street Parking Requirements for Parking Districts 2, 3, aRd 4 and 5. !g). Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3 ... aA4 4 and § accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows. There shall be no off-street parking requirement for uses in this parking district except for those listed below: * * * (b) Except as otherwise provided in these land development regulations. when any building or structure is erected or altered in Parking District No. 5. off-street parking spaces shall be provided for the building. structure or additional floor area as follows. For uses not listed below. the off-street parking requirement shall be the same as for Parking District No. 1 in Section 130-32. (1) Restaurant with alcoholic beverage license or other establishment for consumption of food or beverages: No parking requirement for an individual establishment of less than 1 00 seats that does not exceed 3.500 square feet of floor area. Otherwise. 1 parking space per 4 seats and 1 parking space per 60 square feet of floor area not used for seating shall be required. Establishments with more than 100 seats and an occupancy load in excess of 125 persons shall be subject to the Conditional Use procedures in Section 118-193 of the City Code. (2) Retail store, or food store, or personal service establishment: There shall be no parking requirement for individual establishments of 3.500 square feet or less. This may apply up to a total aggregate square footage of 10.000 square feet per development site. An establishment over 3.500 square feet (or over a total aggregate over 10.000 square feet) shall provide one space per 300 square feet of floor area for retail space that exceeds 3.500 square feet of floor area. 2 of5 158 (3) Developments of less than 10.000 square feet of new construction or uses that exceed the maximum described sizes in (b) (1) and (2): Parking may be satisfied by paying an annual fee in lieu of providing the required parking in an amount equal to 2% of the total amount due for all the uses within the proposed building. For new construction that is between 10.000 to 15.000 square feet. a one-time fee shall be paid prior to the issuance of the building permit. New construction that is greater than 15.000 square feet shall provide all the required parking on site. (4) Removal of existing parking spaces. No existing required parking space may be eliminated. except through the provisions of Section 130-35. or through the payment of the one-time fee in lieu of providing the parking in effect at the time. which shall be paid prior to the approval of a building permit. provided such elimination of parking spaces does not result in an FAR penalty (exceeding permitted floor area ratio). (5) Aee!Jsaeilftv. This reg1::1lation shall be aeelieel to projests not vet iss1::1eel a final Cer:tifisate of Oss1::1pansv that have an 1::1ne*pireel land 1::1se boarel ele'lelopiTlent approval. and to e*isting b1:1sinesses that have a valiel b1::1siness ta* receipt prior to the effestive elate ( ) of this orelinance. SECTION 3. Chapter 142, "Zoning Districts And Regulations," Section 142-483, "Conditional Uses" in the 1-1, Urban Light Industrial District is hereby amended as follows: Section 142-483. Conditional uses. The conditional uses in the 1-1 urban light industrial district are: * * * (13) Main use parking garages: (14) Restaurants with alcoholic beverage licenses {alcoholic beverage establishments) with more than 100 seats or an occupancy content (as determined by the Fire Marshall) in excess of 125 persons and a floor area in excess of 3.500 square feet. Section 4. Chapter 142, "Zoning Districts And Regulations," Section 142-302, "Main Permitted Uses" in the CD-2, Commercial Medium Intensity District, is hereby amended as follows: Sec.142-302.-Main permitted uses. The main permitted uses in the CD-2 commercial, medium intensity district are commercial uses; apartments; apartment/hotels; hotels; and uses that serve alcoholic beverages as listed in article V, division 4 of this chapter (alcoholic beverages). 8af&; elanse halls, or enter:taini'Tlent establishi'Tlents (as elefined in sestion 114 1 of this Code) 3 of 5 159 are prohibited on properties generally boblnded by Pblrdy Avenble on the west, 20th Street on the north, Alton Road on the east and Oade 8obllevard on the soblth. Parking restrictions- Except as otherwise provided in these land development regulations, when any building or structure is erected or altered within the CD-2 commercial medium intensity district. on properties in the Sunset Harbour neighborhood generally bounded by Purdy Avenue. 20th Street. Alton Road and Dade Boulevard the parking restrictions in Section 130-33(b) for Parking District No. 5 shall apply. Section 5. Section 142-303, "Conditional Uses," in the CD-2 Commercial Medium Intensity District, is hereby amended as follows: Sec. 142-303. -Conditional uses. The conditional uses in the CD-2 commercial, medium intensity district in the Sunset Harbour neighborhood. generally bounded by Purdy Avenue. 20th Street. Alton Road and Dade Boulevard are: Main use parking garages; Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) with more than 100 seats or an occupancy content (as determined by the Fire Marshall) in excess of 125 persons and a floor area in excess of 3.500 square feet: adult congregate living facilities; funeral home; nursing homes; religious institution; pawnshops; video game arcades; public and private institutions; schools; any use selling gasoline; new construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the process before the review by any of the other land development boards; outdoor entertainment establishment; neighborhood impact establishment; open air entertainment establishment; and storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 142-1103. Section 6. Section 142-305, "Prohibited Uses," in the CD-2 Commercial Medium Intensity District, is hereby amended as follows: Sec. 142-305.-Prohibited uses. The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor bar counters, except as provided in this division. Except as otherwise provided in these land development regulations. prohibited uses in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood. generally bounded by Purdy Avenue. 20th Street. Alton Road and Dade Boulevard. also include outdoor entertainment establishment: neighborhood impact establishment; and open air entertainment establishment. Section 7. Repealer All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. 4 of5 160 Section 8. Applicability Properties that a pending application for a building permit as of June 2012 shall be allowed to obtain building permit without being subject conditional use requirements of this ordinance. Section 9. Codification It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code the City of Miami as amended; that of this Ordinance may re- numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 10. Severability. If section, subsection, clause or provision this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 11. Date. This Ordinance shall take ten following PASSED this __ day Reading:November 14, 2012 Second Reading: December 1 2012 Verified Richard G. Lorber, AICP Acting _____ ,201 MAYOR APPROVED TO FORM AND LANGUAGE FOR EXECUTION F:\T_Drive\AGENOA\2012\10w24~12\Sunset Harbor Parking District 5-PH ORO.docx 5 of 5 161 COMMISSION SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the of Miami Beach, Florida the Manager or his designee and City Clerk to execute a memorandum of understanding between the City Miami Beach on behalf of the Miami Beach Police Department, and the Internal Revenue Service , Crimina! Investigation Miami Field Office to in the Financial Investigative Strike Team. Financial Crimes Task Force for the purpose of developing and assisting with criminal investigations of illegal activities throu hout Florida:::::·;.__ ____________________ ...J Supporting Data (Surveys, Environmental Scan, etc.): Since the began its participation in the Strike Team in 2010, there have been seventeen (17) federal arrests. and a total of initiated. in total, the Strike Force has seized over .7 million in personal property, almost real estate property. $40,000 in currency, and almost 1 million in other assets. Issue: Investigative Strike Team, Financial Crimes Task Force for the purpose of apprehending and prosecuting individuals who are involved in money laundering and other major crimes. This Strike Team has enhanced the effectiveness of Federal, State and local law enforcement resources a well coordinated initiative seeking the most effective investigative and prosecutive avenues that identifies persons and organizations involved in money laundering. In an effort to further support the Strike Force, the Miami Beach Police Department (MBPD) has been asked again by the Miami Office of the IRS Criminal Investigations Division to continue to participate and execute an updated Memorandum of Understanding agreement between the IRS Criminal investigations Division and the of Miami Beach on behalf of the MBPD. As a result, a detective from the Criminal investigations Unit will be assigned to the Strike Team to work in with their personnel in identifying, locating and apprehending individuals who commit these crimes in the City of Miami Beach and South Florida. For Fiscal Year 201 a total of $261,467.19 in forfeiture funds was received by the City, as a result of the assigned Detective's investigative to the Strike Team. Pursuant to this Agreement, IRS Criminal will continue to reimburse the of Miami Beach for overtime and travel expenses incurred by the in connection with Strike Team investigations for the term of the .a.rH'"'"''m"''"r which is 2 years from the time the Agreement is signed, as we!! as provide for the sharing of assets seized and forfeited b Financial Information: Source of Funds: OBPI Total Mt MIBE H 162 Account AGENDA ITEM----""'~....:.........~ OA iE __.._;;:;_-"-""--"'--~~ IBE City of Miami Beach, 1700 Convention Center Drive, Miet'1i Beach, Florida 33139, www.miomibeochf .. gov TO: Commission FROM: Brooks, DATE 24, 2 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE INTERNAL REVENUE CRIMINAL INVESTIGATION MIAMI FIELD OFFICE TO PARTICIPATE IN THE FINANCIAL INVESTIGATIVE STRIKE FINANCIAL CRIMES TASK FORCE FOR THE PURPOSE OF DEVELOPING AND ASSISTING WITH CRIMINAL INVESTIGATIONS OF ILLEGAL ACTIVITIES THROUGHOUT MIAMI- FLORIDA. Approve the Resolution. The Miami Office of the IRS Criminal Investigations Division has established the IRS Financial Investigative Strike Financial Crimes Task Force for the purpose of apprehending and individuals who are involved in and other crimes. This Strike Team has enhanced the effectiveness of and local law enforcement resources through a well coordinated initiative the most effective investigative and avenues that identifies persons and organizations involved in money laundering. On 14, 2011 the City of Miami Beach Commission approved a resolution the Miami Beach Police Department to oarl:!Cio;:rre in this Strike Team with the assignment of a Detective. in an effort to further support the the Miami Beach Police (MBPD) been asked the Miami Office of the IRS Criminal Division to continue to participate and execute an updated Memorandum of Understanding agreement between the IRS Criminal Investigations Division and the City of Miami Beach on behalf of the MBPD. As a result, a detective from the Criminal Investigations Unit will be to the Strike Team to work in conjunction with their in identifying, and individuals who commit these crimes in the City of Miami Beach and South Participation in the Strike Force will benefit the City of Miami Beach and the MBPD because of access to investigative and potential revenue sharing under forfeiture For Fiscal Year 2011/2012, a total of ,467.19 in forfeiture funds was received by the City, as a result of the Detective's support to the Strike Team. Asset among the participating is case and is determined by the level of of Detectives from participating on each case that yields forfeited funds. As a result of the work of the Strike several cases have been investiqa:ted which have resulted seizures and arrests. The following table provides a of workload measures rr:::.,~w.:•ti and reported to all participating agencies in the IRS Strike Team each 6 month per the Initiative Review Worksheet 163 October 24, 2012 Commission Meeting Resolution-IRS Strike Force Page2 IRS Strike Force Workload Measures by Reporting Period July 1-January 1-July 1-January 1- December June 30, December 31, June 30, 2012 31,2010 2011 2011 Currency 0 $20,000 $20,000 0 Seized Real Estate $831,000 0 $62,000 0 Property Seized Personal 0 $1 '752, 196.27 0 0 Property Seized Vehicles 0 0 $90,000.00 0 (value) Other Assets 0 0 $10,988,136 0 Total HIDTA 21 3 8 8 initiative investigations initiated Cases 15 5 5 8 Arrests 2 4 1 10 Full-time 29 29 27 29 Staffing Part-time 3 4 5 4 Staffing Totals $40,000 $893,000 $1,752,196.27 $90,000.00 $10,988,136 40 33 17 Since the MBPD began its participation in 2010, the Strike Team has made seventeen (17) federal arrests, and initiated a total of thirty-three (33) cases. In total, the Strike Team has seized over $1.7 million in personal property, almost $1 million in real estate property, $40,000 in currency, and almost $11 million in other assets. In addition, pursuant to this Agreement, IRS Criminal Investigations will continue to reimburse the City of Miami Beach for overtime and travel expenses incurred by the Detective in connection with Strike Team investigations for the term of the Agreement, which is 2 (two) years from the time the Agreement is signed, as well as provide for the sharing of assets seized and forfeited. KGB/~/MNOJOMIMG 164 RESOLUTION------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE AND CITY CLERK TO EXECUTE A · MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE INTERNAL REVENUE SERVICE, CRIMINAL INVESTIGATION MIAMI FIELD OFFICE TO PARTICIPATE IN THE FINANCIAL INVESTIGATIVE STRIKE TEAM, FINANCIAL CRIMES TASK FORCE, FOR THE PURPOSE OF DEVELOPING AND ASSISTING WITH CRIMINAL INVESTIGATIONS OF ILLEGAL ACTIVITIES THROUGHOUT MIAMI-DADE, FLORIDA. WHEREAS, the Miami Field Office of the Internal Revenue Service Criminal Investigations Division (IRS-CI) has established the Financial Investigative Strike Team, Financial Crimes Task Force for the purpose of apprehending and prosecuting individuals who are involved in money laundering operations and other major crimes; and WHEREAS, the Financial Investigative Strike Team enhances the effectiveness of Federal, State and local law enforcement resources through a well coordinated law enforcement initiative, which seeks the most effective investigative and prosecutive avenues to obtain large asset forfeitures in pursuit of individuals and organizations involved in money laundering; and WHEREAS, a detective from the Miami Beach Police Department will be assigned to the Financial Investigative Strike Team, to work in conjunction with Federal, State and local law enforcement personnel in identifying, locating and apprehending individuals who commit these crimes in the City of Miami Beach and South Florida; and WHEREAS, it is a great benefit to the Miami Beach Police Department to participate in this Financial Investigative Strike Team based upon the access to investigative resources, capabilities, and potential revenue sharing under forfeiture proceedings; and WHEREAS, the IRS-CI will reimburse the City of Miami Beach and the Miami Beach Police Department for overtime expenses, and related travel, for the term of the agreement with the Financial Investigative Strike Team; and WHEREAS, the Miami Beach Police Department and the IRS-CI wish to execute a Memorandum of Understanding (MOU) to participate in the Financial Investigative Strike Team, which should commence upon the signatures of all parties, and will remain in effect for 2 years from the date the MOU is signed. 165 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that City or and City Clerk are hereby to execute a Memorandum of Understanding the City Miami on the Miami Beach nt""'~"'""l Revenue Service, Criminal Investigation Miami Field Office to participate in Investigative Strike Team, Crimes for the purpose developing and assisting criminal investigations illegal throughout Miami-Dade, Florida. PASSED and ADOPTED ____ day October, 2012. ATTEST: MAYOR MATTI BOWER GRANADO, CITY 166 THIS PAGE INTENTIONALLY LEFT BLANK 167 Supporting Data The 2012 Community Satisfaction appearance and maintenance of the the Resolution? COMMISSION ITEM SUMMARY of residents and 73% of businesses rate the as Excellent and Good. that housed the BGCM activities in the same location was demolished in way the new construction. Since this the BGCM has encountered a number of unforeseen delays, including certain sittHelated conflicts involving utility Hne relocations. One of these conflicts involves the relocation of a Florida Power & light duct bank. In order for FPl to locate its facilities on City property, FPL requires the City to record a uti!ity easement in order to install and maintain its assets. The easement Js approximately ·1 ,461 square feet in area and wHJ not interfere with any activities. Account T:\AGENDA\2012\10-24-12\FPL Easement Boys and Girls Club· SUMMARY.doc Ml IBEA 168 AGEN OA IT EM -,.......---:-:_,.......~ OATE .......... .::..-..:;__s_....J-~ G Ml MIBE C City of Miami Beach, 1700 Convention Center Drive, Miami Florida 33139, COMMISSIO MEMORANDUM TO Mayor Matti Herrera Bower and Members City Commission fROM Kathie G. Brooks, Interim Manager DATE October 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO GRANT A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT AT FLAMINGO PARK FOR THE INSTALLATION AND MAINTENANCE OF A DUCT BANK THAT WILL SERVE THE BOYS AND GIRLS CLUB. ADMINISTRATION RECOMMENDATION The Administration recommends approval the Resolution. FUNDING No funding is required in order to grant the easement BACKGROUND At its November 2008 meeting, the City Commission Resolution No. 2008-26939 authorizing the execution of a Management Agreement between the Boys and Club of Miami-Dade, Inc., (BGCM) the Per this Agreement, the BGCM is undertaking the design, permitting, construction of a new two-story facility to be located in Flamingo Park, of existing running track and immediately north the Police League Building. The former that housed the BGCM activities in the same location was demolished in September 2011 to make way for the new construction. Since this time, BGCM has encountered a number of unforeseen certain involving utility relocations. One of these conflicts involves the relocation of a Florida Power & Light (FPL) duct bank. ANALYSIS In order for FPL to locate its facilities on City property, requires City to record a utility easement in order to and maintain assets. The easement enters Park at the southeast comer of intersection of 1 Street and Michigan It runs east for approximately feet and south for approximately 93 and then east again approximately another 120 It is 6-feet wide and is approximately 1 square feet in area (Attachment). It not interfere any park "',...,.,,.,,.,,.,., 169 FPL Easement-Boys and Girls Club October 24, 201 :z Page 2 of 2 CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve and authorize Mayor and the City Clerk to grant a utility easement to Florida Power and Light Flamingo Park for installation and maintenance of a duct bank that serve Boys And Girls Club. Attachment Sketch and KGB/JGG/FH Description of Proposed Easement T:IAGENDA\2012\10-24-12\FPL Easement Boys and Girls Club-MEMO doc T:V\GENDA\2012\10-24-12\FPL Easement Boys and Girls Club-MEMO.doc 170 Work Request No. 4578760 Sec . .], Twp54s, Rge42 E Parcel J.D. 0232340000050 (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 6/11 Attachment EASEMENT (BUSINESS) This Jnstrum8nt Prepared By Name· Vicente Tome Co. N~me: 'g'~Sl Int' 1 Land Suryeyo Address: '::J NW 151 ,$T. SteL.l::l · M~ami Lakes, Fl 33014 --pg_l_ot_3_. The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns {"FPL j, a non-exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be instaAed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for FPL's communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergroWth and other obstructions within the Easement Area; to trim and cut and keep trimmed and cUt all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent tne undersigned has the power to grant if at all, the rights hereinabove granted on the Easement Area heretofore described, over, afong, under and across the roads, streets or highways adjoining or through said Easement Area. JN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on --------• 20 _. Signed, sealed and delivered In the presence of: Entitv name (W11rieSs' Stgnature) By: ______________ _ PnntName: ________ ~~~r--------------(Witriess) Print Name: Print Addfess: ------------------ (Witness' Sl9nalure) PnntName: __________ ~---------- (Wffness) STATE OF ________ AND COUNTY OF----------The foregoing instrument was acknowledged before me this day of -------· 20_, by ----------------'' the _________________ of ____________ a ,who~ personally known to me or has produced as identification, and who did (did not) take an oath. {Type of ldenlificatioo) My Commission Elplre$: Notary Public, SignatlKe PrlntName ---------- 171 BZIIIBJIIII ••.a" Page 2 of 3 eserved For Circuit Court LEGAL DESCRIPTION: LEGEND: C/l -----CENTERUNE R/W -----RIGHT OF WAY P.O.C -----POINT OF COMMENCE P.O.B -----POINT OF BEGINNING P.O.T -----POINT OF TERMINATION U.E -----UTILilY EASEMENT A PORTION OF SECTION 3 TOWNSHIP 54 SOUTH, RANGE 42 EAST, LYING AND BEING IN MIAMI-DADE COUNlY, FLORIDA, AND MORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMIAENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 68 OF •ocEAN BfACH FLORIDA ADDITION No. 3: A5 RECORDED IN PLAT BOOK 2, PAGE 81, OF THE PUBUC RECORDS OF MIAMI-DADE COUNlY, FLORIDA; THENCE S89'59'1rW ALONG THE NORTH RIGHT OF WAY LINE OF 11th STRITT FOR A DISTANCE OF 750.46 FEET TO A POINT; THENCE RUN N00"'6'10"E FOR A DISTANCE OF 324.00 FEET TO A POINT; THENCE RUN 589'39'49"£ FOR A DISTANCE OF 71.03' TO A POINT OF BEGINNING Of THE CENTERUNE Of 6.00 FOOT UTIUTY EASEMENT; THENCE CONTINUE S89'39'49"E FOR A DISTANCE Of 30.07' FEET TO A POINT; lHENCE S00"'7'24"E FOR A DISTANCE OF 93.47 FEET; lHENCE RUN S89"47'13"E FOR A DISTANCE OF 119.95 FEET TO lHE POINT OF TERMINATION Of lHE CENTERUNE OF A 6.00 FOOT UTIUTY EASEMENT. EASEMENT LINES ARE TO BE lENGlHENED OR SHORTENED AS NECESSARY TO MAINTAIN A CONTINUOS 6.00 FOOT WIDE EASEMENT OF THE AFOREMENTIONED CENTERLINE. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY: THAT THE ATTACHED LEGAL DESCRIPTION AND THE SKETCH TO ACCOMPANY THE lEGAl DESCRIPTION OF THE ABOVE SUBJECT SITE IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF A5 RECENTLY SURVEYED UNDER MY DIRECTION, AND IAEETS THE INTENT OF THE MINIMUN TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER SJ-17.0.51 (3) 2,4 and SJ-17.0.52 (5)(a)(b) FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 OF FLORIDA STATUTE. SURVEYOR'S NOTES: 1. THIS SKETCH AND LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. 2. BEARINGS SHOWN ARE TO AN ASSUMED MERIDIAN AND BASED ON THE NORTH RIGHT OF WAY UNE OF 11th STREET, HAS BEEN ASSIGNED A BEARING OF S89'59'17"W. 3. LEGAL DESCRIPTION SUBJECT TO ANY DEDICATION,UMITATIONS,RESTRICTIONS,RESERVATION, OR EASEMENTS OF RECORD. 4. UNDERGROUND IMPROVEMENTS AND UTIUTIES, IF ANY, NOT LOCATED. 5. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. FLORIDA INTERNATIONAL LAND· SURV.EYORS, INC. (LB 2668} 5881ad·J:itrt= ~ 2~. PH.(305) -F~ (3o5) ~2315 BY: THIS SHEET IS NOT VALID WITHOUT THE OTHERS. -z~_._ ~~. /~ VICENTE A. TOME Reg. Land Surveyor No. 3103 State of Florida. JOB.No.: 196-12 F.B.No.: Frank Ortiz DATE: 9-12-12 Drawn: N.T Sheet 2 of 3 Sheets --------------- 172 IIIZRIBI'I.' ".&•• Section 3, Township 54 South, Range 42 East Miami-Dade County, Florida Scale: 1 "=50' Page 3 of 3 Reserved for Circuit Court FPL Work Request No. 4578760 Jl~. Indicate North ~~ ----1£ -~ 1Znd STREET S89".J9'49"c L 30.07' S89:J9'49"E P.O.Br--il 71.03' CENTERUN£:-=-=;f1 OF 6.00' U.f tl :t---, '""" J.O I ~~ p~ 6.0' U.! ~ o; " I I' S89~rtJ"c I I L 119.95' It I · 'lb..-::.==...--::::..:::..::2 ==...-::. ==--::.wj l! _____ ==:t::; _____ P.117 C£N OF 6.00' U:£ ~ g § Ci:i ..,: ""' ~ ~ <: I t'\1 ~ ~ ~ I 2: <:::;, eJ --FLAMINGO PARK ~ e5 (g ~ 0.: 8 v, :;:: ~ "' ::::i ~ !>... ~ I ~ <:::;, ~ I a:l .._ ~ ~ ...... -.J ct: ,._ ,._ v, ~ i:) ~~ ~ Q::; 5£ CORNER LOT 6i BLOCK 68 AS PER 1 '---RAY-S89'59'17"w_ 750.4~ PB. ~PG. 81 P.O.C 1 - --ft --.--(.....:!!:.;~~~ED Utm:m -{ ---- THIS SHEET IS NOT VALiD \JITHDUT fHE OTHERS. JOB.No.: 196-12IF.B.No.: Frank Ortiz IDATE: 9-12-121 Drawn: N.T I Sheet 3 of 3 Sheets 173 RESOLUTION . TO BE SUBMITTED 174 THIS PAGE INTENTIONALLY LEFT BLANK 175 COMMISSION ITEM SUMMARY Condensed Title: Resolution Approving And Authorizing The Clerk To Execute A Concession Agreement Between The And The Miami Beach Inc, d/b/a Miami Beach Cinematheque Not-For-Profit 501 (c)3 For Of The Outdoor South Of The e Theatre For An Outdoor Cafe, Issue: On December 9, 2009, the Mayor and City Commission adopted Resolution 2009-27282, approving a Lease Agreement between the City and Cinematheque for approximately square feet of ground floor space in the building known as Historic City Hall, the City-owned property located at 1130 Washington Avenue, 1st Floor South, and Miami Beach, Florida, The lease Agreement's term is for three years, commencing on March 1, 2010, and terminating on 2013, with two additional three (3) year renewal at the sole discretion, and immediately south of the Leased Premises is outdoor space and such space is not as of the leased Premises. desires to use the adjacent outdoor courtyard space for a cafe with eight (8) tables and sixteen chairs that would during the hours Cinematheque operates the cinema. Cinematheque's annual gross revenues from the cafe are approximately $55,560. Based upon this assumption, at 1 of gross, the annual concession fee would be $8,348, It is recommended that the annual minimum guarantee fee be set at $7,000,00 in 12 equal monthly installments of $583.33. After the submission of an annual end-of-the-year report Cinematheque, Cinematheque will be responsible to pay the difference between the minimum guaranteed fee and 15% of its reported gross revenues. At its September recomme 2011 meeting, the Finance & Citywide Committee discussed the a concession to run coterminous with the Lease Financial Information: Source of F1..mds: Financial KGB/MAS/AP/MM T:\AGENDA\20·12\10·24·12\Cinernatheque Concess,on SUM (10<3·1 Account do ex and AGENDA ITEM ---c---c~- OATE ___;;_~.......;..__,__ 176 Conier Drive. Miomi Florida l:l9, Mayor Matti Bower and Interim OF MAYOR AND MIAMI BEACH, FlORIDA, FORM ATTACHED HERETO), A ................ IL WITH MIAMI BEACH FILM SOCIETY, CINEMATHEQUE TO CAFE THE AREA meeting, the the Administration's recommendation that process of developing on supply demand and occupancy at Historic Hall, and leases and/or extensions) for use of ai handled as it is in the private sector and not through a competitive bid ensuring market are negotiated operating !t'a,::.t'::> would continue to require City approval Code. 177 for the any future City Hall with the included. All Commission Memaandum-Cinemateque Outdoor Cafe October 24, 2012 Page 2of3 On December 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-27282, approving the Lease Agreement between the City and Cinematheque for the approximately 2,523 square feet of ground floor space in the building known as Historic City Hall, the City- owned property located at 1130 Washington Avenue, 151 Floor South, Miami Beach, Florida (the "Leased Premises") and waiving the competitive bidding and approval requirements by 5n1h vote of the Mayor and City Commission, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions. The Lease Agreement is for an initial term of three (3) years, commencing on March 1, 2010, and terminating on February 28, 2013, with two (2) additional three (3) year renewal terms. The Tenant is a not-for-profit 501 (c)3 organization. The Leased Premises include two large doors that open out onto steps and an outdoor courtyard to the south of the Historic City Hall Building. The Leased Premises do not include the outdoor space. Cinematheque has requested use of the outdoor courtyard space, adjacent to the Leased Premises, to place eight tables and 16 chairs immediately outside of the south door for the purpose of serving the public and Cinematheque's patron's light fare, including without limitation, baked goods, specialty chocolates, coffee, tea and non-alcoholic beverages. A proposed site plan for the tables and chairs is attached and labeled Attachment 1. ANALYSIS In order to facilitate use of the outdoor area by Cinematheque and be consisent with other similar arrangements, a separate Concession Agreement is the recommended method for governing the use of the space. Said Concession Agreement is not subject to the restrictions of the March 14, 2012 Exclusive Non-Alcoholic Beverage Agreement between the City of Miami Beach and Coca-Cola North America, a division of the Coca-Cola Company. Staff's proposed terms are outined below, including the proposed concession fee of the greater of $7,000 per year (the "Minimum Guarantee", or "MG"), or 15 percent (15%) of Cinematheque's gross revenues ("Percentage of Gross" or "PG"). Fifteen percent (15%) of gross is comparable to what other food and beverage concessioners pay for comparable, limited food concessions in the City. For purposes of determining the Minimum Guarantee, Staff reviewed Cinematheque's Projected Outdoor Cafe Revenue. Cinematheque's' Projected Outdoor Cafe Revenues, Use Assumption, Financial Assumtions, and Sample Menu items are outlined in the Miami Beach Cinematheque Projected Outdoor Cafe Revenue Sheet, labelled Attachment 2. Because it is reasonable to expect that there could be up to 100 bad weather days, Staff believes that Cinematheque's gross revenues will be closer to $55,650, or $210 x 265 days. Based upon this assumption, at 15 percent of gross, the annual concession fee would be $8,348. It is therefore recommended that the annual minimum guarantee fee be set at $7,000, payable in 12 equal monthly installments of $583.33. After the submission of an annual end of the year report by the Cinematheque, the Cinematheque will be responsible to pay the difference between the minimum guaranteed fee and 15% of its reported gross revenues. Concession Terms At the September 26, 2011 F&CPC meeting, Staff proposed the Concession Agreement terms as set forth below. The Cinemateque requested a waiver of the security deposit requirement in light of the fact that it posted a security deposit in the amount of $8,410.00 for the Leased Premises under the Lease Agreement. 178 Commission Memorandum -Cim?matemue Outdoor Cafe October 24, 2012 3 of3 The F&CPC recommended terms set forth below which include the approval of the waiver of the security deposit requirement Cinematheque subsequently requested the right to terminate the Concession Agreement upon thirty (30) days written notice. agreed subject to either party having the right to terminate upon thirty (30) days written notice to the other party. CONCESSIONAIRE: Miami Beach Film Society, Inc. d/b/a Miami Beach Cinematheque LANDLORD: City of Miami CONCESSION AREA: TERM: HOURS OF USES: PRICING: CONCLUSION Courtyard Space adjacent to Tenant's Demised on the South side of the Historic City Hall Building, as depicted on Attachment 1 Effective on December 1, 2012 and concurrent with terms of Agreement, the initial term will end on February 2013. Provided Concessionaire is is in good standing and the Lease Agreement for the adjacent space is in full force and effect the Concession Agreement may be extended for two (2) additional three (3) year renewal terms. The Concession Agreement may be terminated by either party upon thirty (30) days written notice to other party. The of Minimum Guaranteed fee in the amount of $7,000 annually, payable monthly in twelve equal monthly installments of $583.33 per month, or Fifteen Percent (15°/o) of the Outdoor Cafe's Gross Profits The outdoor business hours shall be open only during Cinematheque's regular Only coffee, tea, soft drinks, baked goods and specialty chocolates shall be served. No alcoholic beverages will served Maximum of seating for sixteen (16) people, maximum of eight (8) tables All drinks and food items shall be priced between Three Do!lars ($3.00) and Five Dollars ($5.00) with an average assumed to be '"'"'"'"",., Dollars ($7.00) The Administration recommends in favor of finalizing a Concession Agreement with Cinematheque for use of City-owned outdoor space directly adjacent to the South of the Cinematheque's Leased Premises, said Concession Agreement to run concurrent with the Lease, incorporating the previously referenced financial terms and operational conditions. 179 RESOLUTION adopted Resolution No. square of 1130 Washington Avenue, Miami ~-<a,::ol"n an term three which 2013, with two additional three (3) year r'"'"""""''" large that courtyard immediately to Hal!, but the ~..ca;)cu outdoor and and __ day of _____ 201 T:\AGENDA\2012\10~24-12\Cinematheque Concession RESO (10-9-12).docx 180 the City-owned building (the ATIACHMENT1 SIDEWAU< £ EXI'ENI'OFUMBREL . . --------------.J----. 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I~ ~ll~ ~L .. 1D-•..n0~11~0~1 L ________ JL ________ J 181 ATTACHMENT 2 Miami Beach Cinematheque Projected Outdoor Cafe Revenue Use assumptions: • The cafe wfll be open during MBC's regular business hours • No alcoholic beverages will be served in the cafe • The cafe would serve coffee, tea, soft drinks, baked goods and specialty chocolates • The cafe would have eight small tables with seating for 16 people • All drinks and food Items would be priced at between $3 and $5 with an average sale assumed to be $7 • The cafe will primarily function as an amenity for MBC patrons providing light snacks pre and post films and during gallery visits but will be available to street traffic as well Financial assumptions: • 15 patrons per day between noon and 6pm @$7 per sale = $1 05 15 patrons per day between 6 and 10 pm @ $7 per sale = $1 05 Total dally Income • $210 • $210 per day X 365 days = $76,650 yearly Income • (not including bad weather consideration) Sample menu items: • Nespresso expresso $3 • Nespesso cappuccino, or cafe au lait $4 • Nespesso teas $3 • Various soft drinks $3 • Plain croissants $4 • Chocolate or almond croissants $5 • Brownies $4 • Pound cake $4 • Large cookies $3 • Chocolate truffles $5 182 Miami Beach Film SOCi,ety,. Inc. ' ', Concession Agreement 183 SECTION 1. 2. 2.1 3. 3.1 3.3 4. 4.1 4.2 4.3 4.4 5. 6. 7. 8. 9. 10. 10.1 10.2 10.3 10.4 10.5 10.6 11. 12. 12.4 12.5 12.6 13. 13.1 13.2 13.3 13.4 13.5 13.6 13.7 INDEX TITLE PAGE TERM ......................................................................................................................................... 5 :::(:~~~~~~~~~ : :::::: ::::: : :: :::: :::::::~:::::~::.:::::: :: :: :::: :: : : : J Food and Beverage Service ........................................................................................ 6 City Business Tax Receipts ......................................................................................... 7 CONCESSION FEES ................................................................................................................ ? Minimum Guarantee (MG) ........... ~,.;~ .......................................................................... ? Percentage of Gross (PG) vs. M$; .............................................. ; .............................. 7 Interest for Late Payment ..... :· ....................................................................................... 8 Sales and Use Tax ................... :·:~ ••. , ............................................................................ 8 MAINTENANCE AND EXAMINATION OF RI;C08QS ........................................................... 8 INSPECTION AND AUDIT ................................. ~~:.~.~~': ............................................................... 8 TAXES, ASSESSMENTS, AND UTILITIES ......... ;~; • ., .............................................................. 9 EMPLOYEES AND INDEPENDENt CONTRACTOR.$ .......................................................... 9 HOURS OF OPERATION ................... :.~~~:;;.., ........................................................................... 10 IMPROVEMENT, MAINTENANCE, REPAlft;~ OPERATION ........................................... 10 ~:r::=p~~i~~·:::::::::::~:::::~:::::::::::::::::~::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~ MQin~nance/Repair ........... ;.~ .................................................................................... 12 · .No Dangerous Materials ............................................................................................ 12 ·Security ...................................................................................................................... 13 Inspection ........ , .......................................................................................................... 13 ~~~~~~T~~.::~::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~! · ·. Subrogat1Qn ................................................................................................................ 15 Force Majeure ............................................................................................................. 15 Waiver of LoS$ ffom Hazards ................................................................................... 15 DEFAULT ANO. TERMlNATION ............................................................................................. 15 Bank~y .......... ::: ..................................................................................................... 15 DefauiNn Payment .................................................................................................... 16 Non-Mo,netary Default ............................................................................................... 16 City's ~medies for Concessionaire's Default ......................................................... 16 Concessionaire's Remedies for City's Default ......................................................... 17 Tennination for Convenience .................................................................................... 17 Surrender of Concession Area ................................................................................. 17 2 184 SECTION 14. 15. 16. 16.2 16.3 17. 18. 19. 20. 20.1 20.2 20.3 21. 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 22. 23. TITLE PAGE PERFORMANCE BOND ORAL TERNATE SECURITY ....................................................... 17 ASSIGNMENT ......................................................................................................................... 18 SPECIAL EVENTS I SPONSORSHIPS ................................................................................. 18 City Special Events .................................................................................................... 18 Sponsorships ............................................................................................................. 19 NO IMPROPER USE .............................................................. · ................................................ 19 PRICE SCHEDULES .............................................................................................................. 20 NOTICES .................................................................... : .............. .".-............................................ 20 LAWS .............................................................................................. ;~ ........................................ 21 Compliance ............................................................................. ! .. , ............................... 21 Equal Employment Opportunity ...••. : ... : ................................... ;~··············· ................. 21 No Discrimination ....................... ~.~ ............................................. .' .. , ............................ 21 MISCELLANEOUS .................................................................................................................. 21 No Partnership ...................................................................................... :·; ................... 21 Modifications ................................................. ~ ............................................................ 21 Complete Agreement ........................ : .......... : ............................................................ 21 ~~~~~~9~if~~t:::::::::::::::::::~:::::::::::::::::::::::::::::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~ Clauses .............................. :: . ."~ ................................................................................... 22 Severability ................. ~ ........................................... ~ ................................................... 22 .~J~:::::::::··:+:.t::·:::·:::J~:·=:·:~::::::::::::::::::::::::::::::::•••••••••:::•:::•:::::::~~ No Third Party·Ben.eficiary .......• ~~ .............................................................................. 23 LIMITATION OF LIABILITY; .. : ................................................................................................. 23 VENUE ............... ; .................... : ....... ; ........................................................................................ 24 EXHIBtTS . EMhibit 2.1 ......... ····· ..................................................................................................... 25 Eld'libit 3.1.1 ................................................................................................................ 26 3 185 CONCESSION AGREEMENT BETWEEN CITY OF MIAMI BEACH AND MIAMI BEACH FILM SOCIETY, INC. FOR MANAGEMENT AND OPERATION OF A FOOD & BEVERAGE CONCESSION IN THE COURTYARD SPACE ADJACENT TO TENANT'S DEMISED PREMISES THIS AGREEMENT made the day of----___, 2012, between the (hereinafter called Drive, Miami Beach, (d/b/a Miami Beach place of business at (hereinafter called CITY OF MIAMI BEACH, a municipal corporation of the "City"), having its principal address at 1700 Conve Florida, 33139, and MIAMI BEACH FILM SOCI Cinematheque), a Florida not-for-profit corporation, 1130 Washington Avenue, 1st Floor South, Miami "Concessionaire"). WHEREAS, on December 9, Resolution No. 2009-27282, app Concessionaire for the a"'"'r·nvl;rY'I building known as Historic City Hall, Avenue, 151 Floor he City Commission adopted reement between the City and ground floor space in the at 1130 Washington ~r,:omiC:!~~"); and WHEREAS,th on March 1, 201 year renewal terms, ·nitial term of three (3) years, commencing 28, 2013, with two (2) additional three (3) adjacent purpose of without lim beverages; and ises i large doors that open out onto steps and to the south of Historic City Hall, but the Leased space; and ·re has requested use of the outdoor courtyard space, to place eight (8) tables and sixteen (16) chairs for the public and Concessionaire's patron's light fare, including ... v .. , .... ~. specialty chocolates, coffee, tea, and non-alcoholic WHEREAS, at the September 26, 2011 Finance and Citywide Projects Committee meeting, the Committee recommended entering into a Concession Agreement with Concessionaire for use of the outdoor City-owned space; and WHEREAS, accordingly, the City and Concessionaire have negotiated the following Concession Agreement. NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained and other good and valuable consideration, the receipt and 4 186 adequacy of which are hereby conclusively acknowledged, it is agreed by the parties hereto as follows: The City hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the City, the right to maintain, manage and operate a food and beverage concession within the Concession Area (as hereinafter defined), in accordance with the purpose(s) and for the term(s) stated herein, and subject to all the terms and conditions herein contained. SECTION 1. TERM. 1.1 This Agreement shall commence on the 1st "Commencement Date"), and terminate December, 2012 (the day of February, 2013 (the Term). For purposes of this Agreement, certain period commencing on 28th day of February. It is the intent of the parties hereto of this Agreement is to run Agreement by and between Film Society, Inc., dated concurrent with the that the City of Miami December 9, 2009 n Agreement, the Lease to be of any legal force and rQn.~\J.r:•r, then this Concession Agreement shall be null and void and of no further is standing and free from default(s) under Section upon written notice from Tenant, which notice shall be City Manager no earlier than one hundred twenty (120) case no later than sixty (60) days prior to the expiration of , this Agreement may be extended for two (2) additional three (3) newal terms. Any extension, if approved, shall be memorialized in writing and signed by the parties hereto (with the City hereby designating the City Manager as the individual authorized to execute such extensions on its behalf). In the event that the City Manager determines, in his sole discretion, not to extend or renew this Agreement (upon expiration of the initial term or any renewal term), the City Manager shall notify Tenant of same in writing, which notice shall be provided to Tenant within fifteen (15) business days of the City Manager's receipt of Tenant's written notice. 5 187 SECTION 2. CONCESSION AREA The City hereby grants to Concessionaire the right, during the Term herein, to maintain, manage and operate a food and beverage concession in the following Concession Area: 2.1 Concession Area: Outdoor courtyard space adjacent to and south of the Cinematheque Theatre, located at 1130 Washington Avenue, 1st Floor South, Miami Beach, Florida, and as further delineated in Exhibit 2.1 hereto. Concessionaire shall have the right to place a with seating for sixteen (16) people within approval by the City and compliance with approved number of tables and chairs, within the Concession Area, is also material change in the approved permitted without prior written which consent (if given at all) sole and reasonable judgment of eight (8) tables on Area, subject to ADA requirements. The are to be situated 2.1 hereto. No 2.1) shall be his designee, esignee's) 2.2 Notwithstanding the 2.1, Concessionaire Area shall be open choosing to enjoy Co 3.1 of the following kind(s) of businesses and Concession Area, all at its sole expense all prepare, or cause to be prepared, for sale within ncession Area, such pre-cooked, prepared, and/or foods and such non-alcoholic beverages as those set ibit 3.1.1. The City Manager hereby approves the types of beverages, and prices for same (as those set forth in Exhibit . Any amendments to Exhibit 3.1.1, whether as to type of food d beverages to be sold, or as to changes in prices for same, must be approved in writing by the City Manager or his designee prior to such changes being implemented within the Concession Area, and a new updated Exhibit 3.1.1 will be incorporated into this Agreement. 3.1.2 All food and beverages sold within the Concession Area will be properly prepared and served in compliance with all applicable health and sanitary standards, laws and regulations. 6 188 3.3 4.2 3.1.3 The quality of food, beverages, and service offered will be first-rate and comparable to that available at other public concession facilities at world class resorts on par with the City of Miami Beach. 3.1.4 In addition to Concessionaire's general maintenance obligations for the Concession Area, as set forth in Section 10 herein, the Concession Area and the immediately surrounding ten (10) foot adjacent areas, shall at all times be maintained in a clean and 3.1.5 3.1.6 sanitary manner. At least one supervisory employee Management Certification iss Department in Florida. In additi licensed by the Florida Depa of Hotels and o ..... ,. ..... , and/or as may furthe corresponding agen oss1ess a Food Service . County Public Health on Area must be ·'"'"'' ... '""' on, Division of Agriculture, and/or by speakers, or any other device nd the Concession Area. and responsibility, any for the proposed use(s) City law (as same may be ess tax receipts shall be obtained for each onc;eslslor Area. the City's granting of the rights provided in this ionaire shall pay to the City a Minimum Guaranteed (MG) of Seven Thousand Dollars ($7,000.00) ly installments of Five Hundred Eighty Three and 33/1 00 payable on the 1st day of every month of each contract Term. For each contract year during the Term, in the event that the amount equal to fifteen (15%) percent of Concessionaire's gross receipts (PG) exceeds the MG amount, then Concessionaire shall also pay to the City the difference between the PG amount and the MG amount, which payment shall be received no later than sixty (60) days after the end of each contract year. The term "gross receipts" is understood to mean all income, whether collected or accrued, derived by Concessionaire under this Agreement, or any licensee, sub-concessionaire, or sub-tenant, as Concessionaire, from all business conducted upon or from the Concession Area, including but not 7 189 limited to receipts from sale of food and beverages. The term "gross receipts" shall exclude amounts of any Federal, State, or City sales tax, or other tax, governmental imposition, assessment, charge or expense of any kind, collected by the Concessionaire from customers and required by law to be remitted to the taxing or other governmental authority. 4.3 Interest for Late Payment. 4.4 Any payment which Concessionaire is required to make to the City which is not paid on or before the respective date provided in this Agreement shall be subject to interest at the rate of twelve (12 nt per annum, or the maximum amount allowable under Florida is greater, from the due date of payment until such time as ctually received by the City. Sales and Use Tax. It is also understood that the be added to Concessionaire's said payments. It is the City's · Concessionaire as net of such Use Tax shall as part of due from financial records, on an reement. Systems and tvc:.,.,..,., of internal controls; all ce accepted accounting g, and audit by the City Manager or his , during normal hours of operation. its principal office, currently located at , if moved to another location, all such sole expense, to a location in Miami Beach, of request for inspection from the City. Such records and , a breakdown of gross receipts, expenses, and profit and all maintain accurate receipt-printing cash registers (or a I Area which will record and show the payment for every sa ed in such Area. Such other records shall be maintained as would be dent CPA in order to audit a statement of annual gross receipts and statement pursuant to generally accepted accounting principles. records shall also be maintained for a period of three (3) years following expiration other termination) of this Agreement (regardless of whether such termination results from the expiration of the Term or for any other reason). Concessionaire shall submit to the City Finance Department's Revenue Manager, within sixty (60) days of the end of each contract year, an annual statement of gross receipts, in a form consistent with generally accepted accounting principles. Additionally, such statement shall be audited by an independent CPA. SECTION 6. INSPECTION AND AUDIT. The City Manager or his designee shall be entitled to audit Concessionaire's records as often as he/she deems necessary throughout the Term, and three (3) times within the three 8 190 (3) year period following expiration (or other termination) of this Agreement. The City shall be responsible for paying all costs associated with such audit(s), unless the audit(s) reveals a deficiency of five (5%) percent or more in Concessionaire's statement of gross receipts for any year or years audited, in which case Concessionaire shall pay to the City, within thirty (30) days of the City deeming the audit final, the cost of the audit and a sum equal to the amount of the deficiency revealed by the audit, plus interest. These audits are in addition to periodic City audits of Resort Tax collections and payments (which are performed separately). It is Concessionaire's intent to stay informed of comments regarding Concessionaire's performance under the .u.n•r.c..c.rn the end of each contract year, Concessionaire an Concessionaire's performance under the Agreement meeting, Concessionaire and the City may discuss any other issues regarding Concessionaire's Nothing contained within this Section shall collection purposes. estions by the City in thirty (30) days after may meet to review contract year. At the maintenance and Tax all taxes and assessments of v~i:)vU, and/or Resort Taxes) n Area including, without and/or assessed against Agreement, or by reason of of Concessionaire upon or in connection se, to contest the amount or validity, in and/or by appropriate proceedings, which iligently and continuously, in good faith. Concessionaire extent it is contesting the imposition of same in a provided, however, if, as a result of such contest, n.c.t'onrY•.c. due, Concessionaire shall be responsible for such to payment of the contested tax (if so ordered). responsible for and shall promptly pay when due all charges to the Concession Area (including all hook-up fees and impact , water, sewer, cable, telephone, trash collection, etc. In addition to other rights and remedies hereinafter reserved to the City, upon the failure of Concessionaire to pay for such utility services when due, the City may elect to pay same and Concessionaire shall promptly reimburse the City upon demand. In no event shall the City be liable, whether to Concessionaire or to third parties, for an interruption or failure in the supply of any utilities services to the Concession Area. SECTION 8. EMPLOYEES AND INDEPENDENT CONTRACTORS. 8.1 Concessionaire shall select, train, employ (or otherwise hire or retain) such 9 191 8.2 number of employees and/or independent contractors as is necessary and appropriate for Concessionaire to satisfy its responsibilities hereunder, and as necessary to maintain the same levels of service as exist in similar first class concession facilities and operations. Concessionaire's employees and/or independent contractors shall be employees and/or independent contractors of Concessionaire and not of the City, and Concessionaire shall be solely responsible for their supervision and daily direction and control. Concessionaire shall be solely responsible for, and have the sole authority to hire, terminate and discipline any and all pe and/or contractors employed or retained by Concessionaire. Concessionaire and its employees and/or i identification badges and uniforms !::lnr'\rr.m operation. All employees and/or i the graces of personal grooming. its operation who are neat, a professional and courteous and/or retained by Concessio felony (excluding traffic offenses). Concessionaire shall the concession ope contractors shall wear during all hours of shall observe all letowork in ager or managers overseeing The Concession regular business h ng Cinematheque Theatre's condition. Concession thereon). This garbage and generated by its 10.1 Improvements. the Concession Area in its "AS IS" "WHERE IS" sole responsibility and expense for maintenance of the furniture, fixtures, equipment and any other improvements without limitation, daily (i.e. 365 days) removal of litter, onaire shall also be responsible for all garbage disposal 1 0.1.1 Any improvements to the Concession Area shall be at Concessionaire's sole expense and responsibility; provided, however, that any plans for such improvements shall be submitted to the City Manager or his designee for prior written approval. Upon termination and/or expiration of this Agreement, all personal property and non- permanent trade fixtures may be removed by Concessionaire without causing damage to the Concession Area. 10 192 10.1.2 10.2 All permanent (fixed) improvements to the Concession Area shall remain the property of the City upon termination and/or expiration of this Agreement, except as provided in Subsection 1 0.1.2. Concessionaire will permit no liens to attach to the Concession Area arising from, connected with, or related to, the design, construction, and installation of any improvements. Construction of any approved prosecuted to completion and acco licensed, reputable contractors Manager or his designee. In add the City Manager or his des proprietary capacity), C for obtaining, at its sol licenses, and/or regu which may include, approvals of other requ required for ction shall be diligently d through the use of ptable to the City the prior approval of of the City, in a responsible all permits, approvals use and/or the agencies having jurisdiction) ments. upon termination and/or ire shall immediately to the Concession Area expense and responsibility. shall also restore the Concession Area to the improvements being made, pted. require for submission of plans and the use of shall not apply to improvements (which term, for this subsection 1 0.1.3 only, shall also include !SJ"-'IJ.:to:•a ry for Concessionaire's ongoing maintenance ir Concession Area) which do not exceed Five ($500.00) Dollars; provided that the work is not structural, further that it is permitted by applicable law. V'O""'"""'• to litter, garbage and debris removal, Concessionaire shall provide, at its sole expense, a sufficient number of trash receptacles for its own use and for the use of its patrons. Determination of the "number" of receptacles shall at all times be within the City Manager or his designee's sole discretion. Disposal of the contents of said receptacles (and removal of litter, garbage and debris within the Concession Area), shall be done on a daily (i.e. 365 days) basis. Any costs for removal of the contents of said trash receptacles by the City, because of the Concessionaire's failure to do so, will be assessed to, and become the responsibility of, the Concessionaire. The dumping or disposal of any refuse, discards, trash or garbage, 11 193 generated by, or as a result of Concessionaire's operations, into any of the Historic City Hall trash receptacles shall be strictly prohibited. 10.3 Maintenance/Repair. 10.3.1 10.3.2 10.3.3 10.4 Concessionaire shall maintain, at its sole expense and responsibility, all furniture, fixtures, and equipment (FFE) and any other improvements (whether permanent or not) required to operate the concession. In the event any FFE and/or other improvement(s) is lost, stolen, or damaged, it shall be replaced or repaired promptly, at the sole expe Concessionaire. All damage or injury of any kind to the improvements and/or FFE thereo willful misconduct or gross negl obligation of Concessionaire, replaced promptly by Con satisfaction of the City on Area, and/or to any damage caused by the ity, shall be the sole , restored and/or nse, to the manner. rs, restoration and/or City, at the expense of nd expenses incurred by the by the City and shall be paid by 1 0) days after receipt of a bill or statement the City may elect to make such repairs, the City shall have no obligation cessionaire's sole obligation to ensure that any ·rs and/or improvements made by Concessionaire to ce~•s•c1n Area comply with all applicable permitting, building life safety codes of governmental authorities having onaire agrees not to use or permit in the Concession Area the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. Any such substances or materials found within the Concession Area shall be immediately removed. In consideration of a separate and specific consideration of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and 12 194 10.5 10.6 sufficiency of which are hereby acknowledged, Concessionaire shall indemnify and hold the City harmless from any loss, damage, cost, or expense ofthe City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected with the placement by Concessionaire of any "hazardous substance" or "petroleum products" on, under, in or upon the Concession Area as those terms are defined by applicable Federal and State statutes, or any environmental rules and environmental regulations promulgated thereunder. The provisions of this subsection 1 0.4 shall survive the termination or rlier expiration of this Agreement. Security. Concessionaire shall be responsible security measures as may be req such reasonable ion Area and shall the City loss of any rty of , and/or any improvements and FFE be responsible for any stolen improvements; or any Concessionaire's employees, any other third parties. Inspection. Concessionaire ag may be inspected at or his by agency (and operations thereon) n by the City Manager or State officer, or other ju for inspection of such waives all claims against the City for sustained by reason of any interference er by the City or by any public agency duties, or enforcing compliance with , or regulations. times throughout the Term, at its sole expense and a. General Liability, in the minimum amount of One Million Dollars (subject to adjustment for inflation) per occurrence jury and property damage. This policy must also contain for premises operations, products and contractual liability. b. Workers Compensation Insurance shall be required in accordance with the laws of the State of Florida. c. Automobile Insurance shall be provided covering all owned, leased, and hired vehicles and non-ownership liability for not less than the following limits (subject to adjustment for inflation): Bodily Injury Bodily Injury 13 $1,000,000.00 per person $1,000,000.00 per accident 195 Property Damage $1,000,000.00 per accident The policies of insurance referred to above shall not be subject to cancellation or changing coverage except upon at least thirty (30) days prior written notice to the City, and then only subject to the prior written approval of the City Manager or his designee. Prior to the Commencement Date of this Agreement, Concessionaire shall provide the City with a Certificate of Insurance for each such policy. ALL POLICIES SHALL NAME THE CITY OF MIAMI BEACH FLORIDA AS AN ADDITIONAL NAMED INSURED. All such policies II be obtained from companies authorized to do business in the State of with an A.M. Best's Insurance Guide (latest edition) rating acceptable Risk Manager, and any replacement or substitute company shall a to the approval of the City's Risk Manager. 12.1 specific consideration of Ten ($10.00) consideration the receipt and sufficiency , Concessionaire shall indemnify, hold officers, employees, contractors, agents or against any claim, demand or cause of action of re arising out of error, omission, or negligent act of employees, contractors, agents or servants in rvices under this Agreement. 12.2 in consideration of a separate and specific consideration of liars and other good and valuable consideration the receipt of which are hereby acknowledged, Concessionaire shall indem , hold harmless and defend the City, its officers, employees, contractors, agents or servants from and against any claim, demand or cause of action of whatever kind or nature arising out of any misconduct of Concessionaire, its officers, employees, contractors, subconcessionaire(s), agents or servants not included in Subsection 12.1 herein and for which the City, its officers, employees, contractors, subconcessionaire(s), agents or servants are alleged to be liable. 12.3 Subsections 12.1 and 12.2 shall survive the termination or expiration of this Agreement. Subsections 12.1 and 12.2 shall not apply, however, to any such 14 196 liability, that arises as a result of the willful misconduct or gross negligence of the City, its officers, employees, contractors, agents or servants. 12.4 Subrogation. 12.5 12.6 13.1 The terms of insurance policies referred to in Section 11 shall preclude subrogation claims against Concessionaire, the City and their respective officers, employees, contractors, agents or servants. Force Majeure. Whenever a period of time is herein prescribed the City or Concessionaire (as applicable), applicable}, shall not be liable or respons from the computation of such period of acts of God, shortages of labor or regulations, or restrictions in the bona fide delay beyond the applicable). The foregoing s under this Agreement. taking of any action by or Concessionaire (as there shall be excluded due to strikes, riots, .,.,,,,orr'lrn.c.nT·.:~~I laws, ms against the City for loss lting from an event of Force aire hereby expressly City and forever releases , actions and causes of of default under this Agreement. An the City to exercise any and all remedies under this Agreement, including but not limited to those on 14. An event of default by the City shall entitle II remedies described as Concessionaire's remedies not limited to those set forth in Subsection 13.5. or Concessionaire shall be adjudged bankrupt or insolvent, iver or trustee of all or any part of the business property of either shall be appointed, or if any receiver of all or any part of the business property shall be appointed and shall not be discharged within sixty (60) days after appointment, or if either party shall make an assignment of its property for the benefit of creditors, or shall file a voluntary petition in bankruptcy, or insolvency, or shall apply for reorganization or arrangement with its creditors under the bankruptcy or insolvency laws now in force or hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be filed against either party and shall not be dismissed within sixty (60) days after such filing, then the other party may immediately, or at any time thereafter, and without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for 15 197 breach of contract. 13.2 Default in Payment. In the event Concessionaire fails to submit any payment within five (5) days of its due date, there shall be a late charge of Fifty ($50.00) Dollars per day for such late payment, in addition to interest at the highest rate allowable by law. If any payment and accumulated penalties are not received within fifteen (15) days after the payment due date, and such failure continues three (3) days after written notice thereof, then the City m ut further demand or notice, terminate this Agreement without prejudiced as to any remedies which may be available to it forb ontract, and may begin procedures to collect the Performance in Section 14 herein. 13.3 Non-Monetary Default. 13.4 In the event that Concessionaire or the covenants, terms or provi continues thirty (30) days hereto, such non-defaulting and without further demand or that a default is not the defaulting party period, commence thereafter completes default, · days of set forth in this Section, shall occur, the ce (if required) and the expiration of cure periods, as sole option and discretion, institute such proceedings to cure such default(s) and to compensate the g from such default(s), including but not limited to to Concessionaire a notice of termination of this Agreement. given, the Term of this Agreement shall terminate upon the 1n such notice from the City to Concessionaire. On the date so r.n,...,.c.c. ionaire shall then quit and surrender the Concession Area pursuant to the provisions of Subsection 13.7. Upon the termination of this Agreement by the City, all rights and interest of Concessionaire in and to the Concession Area and to this Agreement, and every part thereof, shall cease and terminate and the City may, in addition to any other rights and remedies it may have, retain all sums paid to it by Concessionaire under this Agreement, including but not limited to, beginning procedures to collect the Performance Bond in Section 14 herein. In addition to the rights set forth above, the City shall have the rights to pursue any and all of the following: 16 198 13.5 a. the right to injunction or other similar relief available to it under Florida law against Concessionaire; and/or b. the right to maintain any and all actions at law or suits in equity or other proper proceedings to obtain damages resulting from Concessionaire's default. Concessionaire's Remedies for Citv's Default. If an event of default, as set forth in this ....... ~,l•v• Concessionaire may, after the expiration of Agreement upon written notice to the City. effective upon receipt of the written notice date specified in the notice, ConCE~SSIOIIJ Concession Area to the City pursua the City shall occur, period, terminate this rmination shall become by the City. On the it and surrender the Subsection 13.7. 13.6 Termination for Convenience. 13. 13.6.1 Section 13, reement by the City, for convenience g of sixty (60) days prior written 13.6.2 nt to this subsection, agrees that it shall not have of of whatsoever kind or nature, , servants and employees (including, but start-up costs, interference in business or o;;an,,,.."''"", or interference in its concession the City be liable to Concessionaire for , lost profits or consequential damages. ment, or earlier termination in accordance with rQobn'1Qolnt, Concessionaire shall surrender the Concession condition as the Concession Area was prior to the Date of this Agreement, reasonable wear and tear lvv.:>.:>,··v• aire shall remove all its personal property, upon forty- urs written notice from the City Manager or his designee unless a period is agreed to by the City. Concessionaire's obligation to observe or perform this covenant shall survive the expiration or other termination of this Agreement. Continued occupancy of the Concession Area after termination of the Agreement shall constitute trespass by the Concessionaire, and may be prosecuted as such. In addition, the Concessionaire shall pay to the City One Thousand ($1 ,000.00) Dollars per day as liquidated damages for such trespass and holding over. SECTION 14. PERFORMANCE BOND ORAL TERNATE SECURITY. Concessionaire shall, on or before the Commencement Date of this Agreement, furnish to the City Manager or his designee a Performance Bond in the penal sum as stated below 17 199 for the payment of which Concessionaire shall bind itself for the faithful performance of the terms and conditions of this Agreement. A Performance Bond, in the amount of Two Thousand Two Hundred Fifty ($2,250.00) Dollars, shall be required and be in faithful observance of this Agreement. A cash deposit, irrevocable letter of credit, or certificate of deposit may also suffice, as determined by the City Manager or his designee in his reasonable discretion. The form of the Performance Bond or letter of credit shall be as required by the City Manager or his designee. In the event that a Certificate of Deposit is approved, it shall be a Two Thousand Two Hundred Fifty ($2,250.00) Dollar one-year Certificate of Deposit in favor of the City, which shall be ly renewed, the original of which shall be held by the City's Chief Financial Officer. re shall be so required to maintain said Performance Bond or alternate as accepted by the City Manager or his designee, in full force and effect throug of this Agreement. Concessionaire shall have an affirmative duty to notify ng, in the event said Performance Bond or alternate security lapses All interest that accrues in connection with any financial above shall be the property of Concessionaire, case the City shall be entitled to all interest that SECTION 15. ASSIGNMENT. Concessionaire shall not assign, use of by any other person other portion of this Agreement and/or of referred to collectively as "transfers"), which consent shall not Concessionaire consummation shall agree to be hereunder. tra COI1CEISSI.IOn or license, permit the otherwise transfer all or any the forgoing are herein after ~anc!cnT of the City Manager, of any proposed transfer prior to transfer is approved, the transferee is Agreement required of the transferor this section shall be null, void, and of act of der this Agreement. Notwithstanding any transfer under any provision of this section, unless Concessionaire shall remain jointly and severally ki'"IC!t·cr-.c.c, who shall automatically become liable for all with respect to that portion of the Agreement so I be permitted to enforce the provisions of this Agreement re or any transferee of Concessionaire without proceeding in 16.1 The parties agree and acknowledge that Concessionaire's proposed use(s), as defined in Section 3 hereof, do not contemplate nor allow the production, promotion or sponsorship by the Concessionaire of special events in or around the Concession Area. 16.2 City Special Events. Notwithstanding Subsection 16.1 herein, and in the event that the City, at its sole discretion, deems that it would be in the best interest of the City, the City reserves the right to displace the Concessionaire for City produced and/or 18 200 sponsored special events and/or City produced and/or sponsored productions. Additionally, the aforestated events may also require additional time for load-in and load-out of the event. In such cases, the City may request that Concessionaire cease and desist operations during the term of, and in the area of, the special event and/or production, and Concessionaire shall cease and desist during such time. To the extent that Concessionaire is displaced, and/or required to cease and desist operations, City shall provide, calculated on a per diem basis for the period of time the Concession Area is non-operational, a credit against Concessionaire's amount, as delineated in Section 4.2 herein. If the Concessionaire is uired to close, or the City Manager or his designee determines th open in such a manner as prescribed by the special event and/or production, Co in either case, in cooperating with remain open during special Au.conT~ be allowed to have in nn.c:~~r~l'lt"\n and staff. "Normal" shall 16.3 Sponsorships. The City reserves u re rights to negotiate all forms of endorsement based on the marketing of , brand, logo and/or an endorsement and/or the marketing value of a City trademark , shall belong exclusively to the City. ly prohibited from entering into, or and/or endorsements with third parties solely part on the marketing value of a City , brand, logo and/or reputation. nor r or permit any person to use in any manner Area for any improper, immoral or offensive purpose, or for any pu Federal, State, County, or municipal ordinance, rule, order or regulation, I rule or regulation now in effect or hereafter enacted or adopted. re will protect, indemnify, and forever save and keep harmless the City, its officers, oyees, contractors, agents or servants, from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of Concessionaire, or any of its officers, employees, contractors, agents or servants. In the event of any violation by Concessionaire, or if the City shall deem any conduct on the part of Concessionaire to be objectionable or improper, the City Manager or his designee shall have the right to suspend the concession operations should the Concessionaire fail to correct any such violation, conduct, or practice to the satisfaction of the City Manager or his designee within twenty-four (24) hours after receiving written or verbal notice of the nature and extent of such violation, conduct, or practice; such suspension to continue until the violation is cured. Concessionaire further agrees not to 19 201 commence operations during the suspension until the violation has been corrected to the satisfaction of the City Manager or his designee. SECTION 18. PRICE SCHEDULES. 18.1 Concessionaire agrees that prices charged for the sale of food and beverage service will be consistent with the price schedule(s) herein submitted by the Concessionaire and approved by the City and incorporated herein as exhibits 18.2 All notices mailed by reg to this Agreement. All subsequent price app and changes must be approved in writing by the City Manager or h nee. Prices shall be reasonably consistent with those charged items in other similar public concessions in the City. The City sh final right of approval for all such prices and changes. Co to refrain from the sale of any item identified as prohi to sell only those items approved by the City. Con in an adequate supply necessary to accom I be deemed duly served upon receipt, if receipt to Concessionaire at the following a Keith Weekly, President i Beach Film Society, Inc. 0. Box 19-1876 Beach, Florida 33139 ·re to the City shall be deemed duly served upon receipt, if mail return receipt requested to the City of Miami Beach at the following add With copy to: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Director of Real Estate, Housing & Community Development City of Miami Beach 1700 Convention Center Drive 20 202 Miami Beach, FL 33139 Concessionaire and the City may change the above mailing addresses at any time upon giving the other party written notification. All notices under this Agreement must be in writing. SECTION 20. LAWS. 20.1 20.2 20.3 21.2 Compliance. Concessionaire shall comply with all appl Federal ordinances, statutes, rules and regu to all applicable environmental City, Co statutes, rules and regulations, as same , County, State, and including but not limited nd Federal ordinances, from time to time. performing ainst any use of race, sexual status, religion or handicap. utilize minorities and females in ination as to race, sex, n, familial status, religion or or in the operations referred to by this be no discrimination regarding any use, within the Concession Area. All facilities available to the public. ed in is Agreement shall constitute or be construed to be or p or joint venture between the City and Concessionaire. cannot be changed or modified except by agreement in writing by all parties hereto. Concessionaire acknowledges that no modification to this Agreement may be agreed to by the City unless approved by the Mayor and City Commission except where such authority has been expressly provided herein to the City Manager. 21.3 Complete Agreement. This Agreement, together with all exhibits incorporated hereto, constitutes all the understandings and agreements of whatsoever nature or kind existing between the parties with respect to Concessionaire's operations, as contemplated herein. 21 203 21.4 Headings. The section, subsection and paragraph headings contained herein are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement. 21.5 Binding Effect. 21.6 21.7 21.8 21.9 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and perm assigns. Clauses. The illegality or invalidity of any term or a not affect the validity of the remainder of shall remain in full force and effect were not contained herein u detrimentally reduces the this Agreement or material Agreement. Severability. If any provision of application thereof to or unenforceable, or of this Agreement shall and the Agreement id term or clause such provision ive under of this of such provision or the shall be held to be invalid local, State, or Federal longer be a part of this laws, Agreoc.rnc Ag such provisions and the ap or circumstances, shall not be affected be so modified. Manager, shall at all times during hours the right to enter into and upon any and all parts of the the purpose of examining the same for any reason of parties to this Agreement. derstood and agreed that no part, parcel, building, structure, pace is leased to Concessionaire; that this Agreement is a agreement and not a lease, and that Concessionaire's right to nage, and maintain the concession shall continue only so long as Concessionaire complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. Accordingly, Concessionaire hereby agrees and acknowledges that in the event of termination of this Agreement, whether due to a default by Concessionaire or otherwise, Concessionaire shall surrender and yield unto the City the Concession Area, in accordance with Subsection 13.7 hereof, and the City shall in no way be required to evict and/or otherwise remove Concessionaire from the Concession Area as if this were a tenancy under Chapter 83, Florida Statutes, nor shall Concessionaire be afforded any other 22 204 rights afforded to nonresidential tenants pursuant to said Chapter (the parties having herein expressly acknowledged that this Agreement is intended to be a concession agreement and is in no way intended to be a lease). 21.10 Signage. Concessionaire shall provide, at its sole expense and responsibility, any required signs at its concession. All advertising, signage and postings shall be approved by the City, and shall be in accordance with all applicable Municipal, County, State and Federal laws and ulations. Any signage posted by Concessionaire shall be subject to th approval of the City as to size, shape and placement of same. 21.11 Conflict of Interest. Concessionaire shall perform its se the concession operation(s) conte no preference for other con managed, or otherwise u:~~..,..,,onTand conduct er so as to show , operated, 21.12 No Waiver. 21.12.1 by and between the parties upon the strict performance or provisions of this n conferred, will not be a wa relinquishment for the future ants, terms, provisions or options but d remain in full force and effect. herein shall not be implied by any he City to a forfeiture on account of the violation of such violation by continued or repeated subsequently and waiver shall not affect any term other than the one waiver and that one only for the time and in the c.n•:~~,...,,"""<=~~ ly stated. pt of any sum paid by Concessionaire to the City after of any condition, covenant, term or provision herein contained not be deemed a waiver of such breach, but shall be taken, nc..,no,,..on and construed as payment for use and occupation (and not as rent), unless such breach be expressly waived in writing by the City. 21.13 No Third Party Beneficiarv. Nothing in this Agreement shall confer upon any person or entity, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies by reason of this Agreement. SECTION 22. LIMITATION OF LIABILITY. The City desires to enter into this Agreement placing the management and operation of the 23 205 Concession Area in the hands of a private management entity only if so doing the City can place a limit on its liability for any cause of action for breach of this Agreement, so that its liability for any such breach never exceeds the sum ofTen Thousand ($10,000.00) Dollars. Concessionaire hereby expresses its willingness to enter into this Agreement with a Ten Thousand ($1 0,000.00) Dollar limitation on recovery for any action for breach of contract. Accordingly, and in consideration of the separate consideration of Ten Thousand ($10,000.00) Dollars, the receipt of which is hereby acknowledged, the City shall not be liable to Concessionaire for damages to Concessionaire in an amount in excess of Ten Thousand ($10,000.00) Dollars, for any action for breach of arising out of the performance or non-performance of any obligations im the City by this Agreement. Nothing contained in this paragraph or his Agreement is in any way intended to be a waiver of limitation placed upon liability as set forth in Florida Statutes, Section 768.28. SECTION 23. VENUE. This Agreement shall be deemed to have interpreted in accordance with the laws of enforceable in Miami-Dade County, Florida, a with respect to the enforcement of any and all venue for the enforcement of II lie in and nt shall be is necessary ither party AND CONCESSIONAIRE H LY conditions herein, exclusive County, Florida. THE CITY TENTIONALL Y WAIVE THE lNG THAT THE CITY AND EACH OTHER WITH D TO THIS AGREEMENT RIGHT TO TRIAL BY JURY IN CONCESSIONAIRE MAY HEREIN RESPECT TO ANY OR THE CONCIES~;n Attest: William Egan, DIRECTOR CORPORATE SEAL (affix seal here) have caused their names to be signed year first above written, indicating their CITY OF MIAMI BEACH, FLORIDA Matti Herrera Bower, MAYOR MIAMI BEACH FILM SOCIETY, INC. Dana Keith Weekly, PRESIDENT F:IRHCD\$ALLIECON\$ALL\ASSET\OLDCITY\MB Film Society\Cinematheque Cafe Concession Agreement (Draft 10-8-12).doc 24 206 ' EXHIBIT 2.1 Concession Area SIDEWALK --~------------J--:__-£ IXJENI'OFUMBIIEI.. I I I I I fll].. DID"' I I I]IJ" Ofiil" I I . ~~==~ . : :::::~ : I I ~~:; :: . :::~:;: .: 1· .. ... .. .. I~ ~tl~ ~L '~DUlllifL.liii~D~' L ________ JL ________ J 207 EXHIBIT 3.1.1 Menu & Prices • Nespresso expresso $3 • Nespesso cappuccino, or cafe au Jait $4 • Nespesso teas $3 • Various soft drinks $3 • Plain croissants $4 • Chocolate or almond croissants $5 • Brownies $4 • Pound cake $4 • Large cookies $3 • Chocolate truffles $5 208 THIS PAGE INTENTIONALLY LEFT BLANK 209 ITEM SUMMARY Ccmdensed Title: A Resolution Of The Mayor And Commission Of The Of Miami Beach, Rejecting The Sole '"'u'""'"'"'' Submitted in Response To Request For 2, For The Management And Operation Of Food And B Concessions In F Isle Park RFP . Supporting Data (Surveys, Environmental Scan, etc.) According to the 2012 visiting various cultural and recreational venues parks and beaches more frequently in 2 than in 200!:3. The resident visited parks and recreational 58 times and went the beach 67 times in 2012, for concession the Mayor and City Commission adopt the resolution? 1 0, 2012, to the approval of the City RFP No. 37-11/12 was issued for the management ,..,n,>n:n·1nn of food and beverage concessions in Flamingo Park pool and Normandy Isle Park pool, with a deadline for propm>a!s of August 10, 2012. Only one responsive proposal was submitted in response to the RFP, from a privately held company established in Miami Beach since 2006 (Biissberry or Proposer). The proposal was only to operate the Flamingo Park pool concession. On August 30, 2012, an Evaluation Committee appointed by the Interim City Manager convened to evaluate the sole proposal. Following a presentation by the the Committee proceeded to deliberate and evaluate the proposal according to the criteria as set forth in the recommending unanimously to enter into negotiations with Blissberry for the management and of the Park pool concession. Subsequent to the Evaluation Committee's meeting, B!issberry informed the City of its reservations in nr""~'"'"'rlin on the terms it had certain issues and concerns that the Proposer was made aware of meeting, including a concurrent RFP process to the Tennis Center and new pro-shop located in proximity to the Flamingo Park Pool Concession stand which is anticipated to be in operation in May, 2013, as well as potential challenges in amortizing its build-out and start-up costs, given that the initial term of the contract is for two years. the Administration recommends that the Mayor and the Commission the sole proposal received to Request for Proposals No. 37-11/12 for the Management and of Food and Beverage Concessions in Flamingo Park Pool and Normandy Park Pool The Administration will conduct an · n order to feasible terms and the RFP. Account Track AGENDA ITEM _ __;;;_ __ _ DATE ---''-""--""--'--'-~ 210 H (ily of Miami hc<:h, 1700 Convertion Center Drive, Miami Flori do 33 139, COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: October 24, 2 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REJECTING THE SOLE PROPOSAL SUBMITTED IN RESPONSE TO REQUEST FOR PROPOSALS NO. 37~11/12, FOR THE MANAGEMENT AND OPERATION FOOD AND BEVERAGE CONCESSIONS IN FLAMINGO PARK POOL AND NORMANDY ISLE PARK POOL (THE RFP) ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Increase Resident satisfaction with level of services and facilities. BACKGROUND On March 21, 2012 City Commission approved the issuance of Request for Proposals (RFP) for the management and operation of food and beverage concessions in Flamingo Park pool and Normandy Isle Park pooL intent of the RFP was to grant to the successful Proposer the exclusive during the term of agreement to manage and operate food and beverage concessions at one or both of the existing concession facilities in the following Parks: The two concession facilities identified above were made available in their present "AS IS" "WHERE condition. Proposals involving one or both of these concession facilities were to include a detailed estimate of all interior and exterior improvements to the concession facilities reasonably necessary for successful Proposer(s) to operate such facilities for intended uses defined in RFP. It should further be noted that all improvements concession facilities were expected to be performed at the sole cost and expense of the successful Proposer. The successful Proposer(s) would have authorized to provide, prepare, and/or sell the following in the Concession areas: • Non-alcoholic beverages, <~~ Prepared and/or pre-packaged foods, 211 October 24, 2012 City Commission Memorandum RFP 37-11112-Pool Concessions Page 2of4 • Sundries, generally including, but not limited to sun care products, hats, swim goggles, fins and floatation equipment Proposers were also advised of the City's Exclusive Non-alcoholic Beverage Agreement with Coca-Cola Refreshments USA, requiring at all times that Proposers sell Coca-Cola beverage products, and price such products of similar type and/or volume in a manner equal or greater to the pricing of the Coca-Cola vending machine products. Proposers were also informed of the City's Agreement with Bettoli Trading Corp. for the sale of snacks and ice cream at various locations throughout the City. Proposers were informed that their items could not be sold at a lower price than similar items sold in vending machines contracted by the City. Proposers were also informed that should the City enter into any exclusive endorsement and/or sponsorship agreement for products sold, rented, distributed, or otherwise used by the Concessionaire, then Concessionaire shall be required to sell, rent, distribute, or use only the products under the City's exclusive endorsement and/or sponsorship agreement, and may not sell, rent, distribute, or otherwise use products produced by the City's exclusive sponsor's competitors. The RFP also contained the following parameters: Term Any agreement entered into by the City and a successful Proposer(s), would be for an initial term of two (2) years with an option to renew for an additional three (3) one (1) year periods, at the City's sole option and discretion, through its City Manager. Percentage of Gross (PG): The successful Proposer(s) would pay the City a percentage of the Proposer's gross receipts (PG) of no less than 15%. Security Deposit: Upon execution of the agreement, the successful Proposer would furnish the City with a Security Deposit which would be the equivalent of no less than 15% of Proposer's projected gross receipts for six (6) months of the first year of operation. Request for Proposals Process RFP No. 37-11/12 was issued on July 10, 2012, with a deadline for receipt of proposals of August 3, 2012. A pre-proposal conference to provide information to the proposers submitting a response was held on July 20, 2012. Two addenda were issue to answer questions by prospective proposers, hence postponing the deadline to August 10, 2012. BidNet issued bid notices to 23 prospective proposers, and additional proposers were notified via e-mail by the Procurement Division. The notices resulted in the receipt of only one (1) responsive proposal from Blissberry, LLC. a privately held company established in Miami Beach since 2006. The proposal was only to operate the Flamingo Park pool concession. It should be noted that Blissberry currently operates the concession located in South Pointe Park, which has been operating since 2010. As of the date of the receipt of proposals pursuant 212 October 24, 2012 City Commission Memorandum RFP 37-11112-Pool Concessions Page3of4 to this RFP, Blissberry's sales for 2012 in the South Pointe concession were $84,809, which exceeded the minimum guarantee of $9,000 annually for that contract. On August 22, 2012, the Interim City Manager via Letter to Commission (LTC) No. 222-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Manny Marquez, Revenue Manager, Finance Department • Mark Milisits, Leasing Specialist, Real-Estate, Housing, Community Development • Andrew Plotkin, Facility Manager, Parks and Recreation Department • Frankie Trullenque, Resident, CMB Leadership Academy Graduate • Tim Wilcox, Resident & Business Owner The Committee convened on August 30, 2012 to evaluate the sole proposal received. The Committee was provided with general information on the scope of services, and received a presentation from Blissberry, LLC, followed by a question and answer session. Blissberry proposed to operate the Flamingo Park pool concession only. Blissberry proposed to pay the City a Minimum Guaranteed Annual Concession Fee of $4,500 ($375/month), and a 15% percentage of gross receipts, whichever is greater. Following the presentation, the Committee proceeded to deliberate and evaluate the proposal according to the criteria as set forth in the RFP, recommending unanimously to enter into negotiations with Blissberry, LLC for the management and operation of the Flamingo Park pool concession. ANALYSIS During the Evaluation Committee meeting, Blissberry was informed of a concurrent RFP process to operate the Tennis Center and new pro-shop facility located in close proximity to the Flamingo Park Pool Concession stand, which is anticipated to be in operation in May, 2013. Since the pro-shop facility is also expected to carry refreshments and snacks, Blissberry expressed concerned over the potential competitive impact to its operating projections. Discussion also focused on the challenges faced by the proposer in amortizing its anticipated build-out and start-up costs, given that the initial term of the contract is only for two years, of which at least three to four months would be dedicated to fixing up and rendering the space operational. The Committee also inquired as to why the proposer had not considered including the Normandy Pool concession in its submittal. The reasons included the short seasonality of the operation (limited to the summer months), the disappointing operating figures reported by the current concessionaire and the location of the Coca-Cola and Bettoli vending machines, coupled with the non-compete and Coca-Cola purchase requirements, all of which precluded this location from consideration by the proposer. Subsequent to the Evaluation Committee's meeting, Blissberry informed the City of its reservations in proceeding based on the terms it had proposed, given the issues and concerns that were raised during the meeting. 213 October 2012 Commission Memorandum 37-11112 Pool Concessions 4 of4 !-'fOPO€>a!s No. 1/12 in Flamingo Park will conduct an Industry and conditions prior to T.\AGENDA\2012\10-24-12\RFP 37-1H2 Pool Conv:.ss10ns Reject Memo.dOCX 214 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REJECTING THE SOLE PROPOSAL SUBMITTED IN RESPONSE TO REQUEST FOR PROPOSALS NO. 37-11/12, FOR THE MANAGEMENT AND OPERATION OF FOOD AND BEVERAGE CONCESSIONS IN FLAMINGO PARK POOL AND NORMANDY ISLE PARK POOL (THE RFP). WHEREAS, on March 21, 2012 the City Commission approved the issuance of Request for Proposals for the management and operation of food and beverage concessions in Flamingo Park pool and Normandy Isle Park pool; and WHEREAS, RFP No. 37-11/12 for the management and operation of food and beverage concessions in Flamingo Park pool and Normandy Isle Park pool was issued on July 10, 2012, with a deadline for receipt of proposals of August 3, 2012; and WHEREAS, BidNet issued bid notices to 23 prospective proposers, and additional proposers were notified via e-mail by the Procurement Division; and WHEREAS, on August 10, 2012, only one (1) responsive proposal was received in response to the RFP, from Blissberry, LLC (hereinafter Blissberry or Proposer); and WHEREAS, Blissberry's proposal only involved the operation of the Flamingo Park pool concession; and WHEREAS, on August 30, 2012, an Evaluation Committee appointed by the Interim City Manager, convened to evaluate the sole proposal; and WHEREAS, during the Committee meeting, the Proposer was made aware of a concurrent RFP process to operate the Tennis Center and new pro-shop facility located in close proximity to the Flamingo Park Pool Concession which the Proposer deemed could impact the concession operations; and WHEREAS, discussion also focused on the challenges faced by the Proposer in amortizing the costs of the necessary improvements to the concession facility, as well as the limited initial term; and WHEREAS, subsequent to the Evaluation Committee's meeting, Blissberry informed the City of its reservations in proceeding in light of issues and concerns that were raised during the meeting; and WHEREAS, the Administration therefore recommends rejecting the sole proposal received pursuant to Request for Proposals No. 37-11/12 for the Management and Operation of Food and Beverage Concessions in Flamingo Park Pool and Normandy Park Pool (the RFP); and 215 WHEREAS, the Administration will conduct an Industry Review process in order to develop feasible terms and conditions prior to issuing a new RFP. NOW THEREFORE, IT DULY RESOlVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH hereby reject the proposal submitted in response to Request for Proposals No 37-11/12 for the management and operation of the food and beverage concessions in Flamingo Park Pool and Normandy Pool (the RFP). PASSED and ADOPTED this 241h day of October, 2012 ATTEST: MAYOR CITY CLERK T:\AGENDA\2012\10-24-12\RFP 37-11-12 Pool Concessions Rejection Reso.doc 216 THIS PAGE INTENTIONALLY LEFT BLANK 217 COMMISSION ITEM SUMMARY "'"''""''·-"'''"'" dollars ($18, 188) in cash donation <:>rii·<>hll"" mr!e:>!'lnn made to the in support of the the City Manager or his to make such furtherance of and aforestated the which launched in March and allows the public to Series is the Arts in the Park ............. ,..,.,..,... that was launched in 2006 in surveys and focus groups that indicated ''"'"""'"""""would like to see more free Cinema Series uses the state-of-the-art visual and audio technology in on a projection wall. The season of the Cinema Series ran fourteen ( 1 weeks, with movies shown on Wednesday nights in an effort to bring consumers to the area during a slower night of the week. The Cinema Series was wen received the Community, an average weekly of people, a of 1 for The of Oz. Attendees continue to provide very nt"l<utl\,ro feedback to Staff regarding the and many it has enhanced their sense of community and quaHty of life. with Travel+ ran a story in the travel section of the on June 10, 2011, highlighting Movie which included the City's Cinema Series. Department Director MIA IB to continue the Series from October 2011 - interested in supporting the Cinema Series. After the to cover the costs associated with Fees for the movies and them to each weekly and in all marketing and would like to continue of the 2012/13 88 in funding and in-kind contributions to offset the costs for ~·········-·······------------~ 218 AGEl'tDA ITEM-.,.-----=--- DATE __._.z;._ ........... '-"""~ Ml MIB City of Miami Becu:h, 1700 Convention Center Drive,. Miomi florida 33139, COMMISSION MEMORANDUM TO: Mayor Matti FROM: Kathie Brooks, Interim City Manager DATE: October 24, 2012 SUBJECT: A RESOLUTION OF MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE THOUSAND ONE HUNDRED EIGHTY -EIGHT DOLLARS ($1 88) IN CASH DONATION (INCLUDING SPONSORSHIP) FROM MARILYN AND uv~o~•MHLI GADINSKY CHARITABLE FOUNDATION MADE TO THE CITY IN SUPPORT SOUNDSCAPE CINEMA SERIES YEAR 201 AUTHORIZING THE CITY MANAGER OR HIS TO MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE AFORESTATED DONATIONS, IN FURTHERANCE OF AND CONSISTENT WITH AFORESTATED ADMINISTRATION RECOMMENDATION Adopt the resolution. As you know, the City developed and produced the SoundScape Cinema at the ExoStage, which launched in March 2011 and allows the public to weekly movies. The Cinema is part of City's Arts in the Park program that was launched in 2006 in response to the results of community surveys and focus groups indicated residents would like to see more free cultural events. SoundScape Cinema Series uses state-of-the-art visual and audio technology in SoundScape on a soaring, 7,000-square- foot projection wall. In producing the SoundScape Cinema Series the City uses the following Selection Criteria: 1. Public Performance Event License availability 2. Rating of"G", "PG" or "PG-13" by the Motion Picture Association of America (MPAA) 3. History critical and commercial success to appeal to resident population 4. Variety of programming through length of balancing and classic films in numerous genres comedy, musicals, drama, animation, ;:.uc•!.J'='' science fiction/fantasy); non-political content 5. Appropriateness of film to public outdoor large~screen format inaugural season of the Cinema ran for fourteen (14) weeks, with movies shown on Wednesday nights in an effort to bring consumers to the area during a slower night ofthe week. The SoundScape Cinema has very well received by the Community, generating an average weekly attendance of 938 people, with a high of 1,200 for The Wizard of Attendees continue to provide very positive feedback to City regarding the experience and many say it enhanced their sense of community and quality of 219 SoundScape Cinema Series Edward and Marilyn Gadinsky Charitable Foundation October 24, 2012 City Commission Meeting Page 2 of2 Today.com, in cooperation with Travel + Leisure, ran a story in the travel section of the website on June 10, 2011, highlighting America's Best Outdoor Movie Theaters, which included the City's SoundScape Cinema Series. Due to the program's success, additional movies were added to the schedule to be shown in August prior to the start of the next school year. Unfortunately, weather and other technical issues with the equipment forced the City to cancel those movies. The Administration was in the midst of planning to continue the Cinema Series from October 2011 -May 2012, when Mr. and Mrs. Edward Gadinsky approached the City interested in supporting the Cinema Series. After several discussions, the Gadinsky's agreed to a cash donation of$ 36,376 to cover the costs associated with Licensing Fees for the movies and Technical Staff for the Event. They made payments in two installments occurring in October 2011 and January 2012. In exchange, the City recognized them prior to each weekly movie and in all marketing and promotions associated with the Cinema Series. The City funded any other costs for the series (e.g. port-o-lets). 38 films were shown to large and enthusiastic crowds. The Gadinskys moved to Miami Beach in 1965. Edward Gadinsky is a successful Florida real estate developer. Marilyn Lane Gadinsky is a former Miami News reporter, award- winning photojournalist and was the head of her own public relations firm. She is a founding member of the Miami Children's Museum where, until recently, she served on the Board of Directors. Mr. and Mrs. Gadinsky are patrons of arts whose charitable endeavors include the Miami Children's Museum, the Miami City Ballet and the Arsht Center for the Performing Arts. CONCLUSION Staff has worked diligently to identify funding sources to off-set the costs of producing this event that provides a unique cultural experience for our residents and visitors. The Administration recommends the adoption of the attached Resolution authorizing the acceptance of the donation, their appropriation to cover costs of SoundScape Cinema Series and authorizes the City Manager to make such expenditures and reimbursements associated with the event. JMG/HMF/MAS/GF T:\AGENDA\2012\1 0-24-12\Gadinsky Sponsorship Acceptance Memo.doc 220 RESOLUTION TO BE SUBMITTED 221 T COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving a lease Agreement with Design Miami to hold the Design Miami Show in the Preferred Parking Lot for specific dates in 2013, 2014, 2015, and 2016; as more set forth the attached as Exhibit "A" to this resolution. ~~~~~~~------------------------------~ Maximize Miami Beach as a Destination Brand Supporting Data Environmental Scan, etc.): The 2012 Customer Survey indicated that most of Miami Beach believed that tourism adds to the quality of life in Miami Beach. This figure was virtually the same in 2009 (69%), much higher in 2005 (82%). Residents of Condo Corridor, Mid Beach and South Pointe were slightly more likely to say that tourism detracts from the ualit of life in Miami Beach. Issue: 16? Design Miami is a marketplace for limited-edition design from the most reputable international design galleries who present curated exhibitions of museum-quality lighting and objects d'art. They attract the highest level of and public collectors of historical and contemporary design; much like Art Basel Miami Beach does with modem and contemporary works of art. On May 12, 2010, the City Commission adopted Resolution No. 2010-27384 approving a lease Agreement between the City and Design Miami to hold the December Design Miami Show in the Preferred Parking Lot (P-Lot) in 2010, 2011 and 2012. The P-Lot provides Design Miami with sufficient space to construct a temporary exhibition structure to host the show. The Preferred Parking Lot was identified as the most compatible space, as it was agreed by ail parties that it provides for opportunities for synergy between Design Miami and Art Basel Miami Beach. The parking at the new City Hall garage, the Pennsylvania Avenue Garage and 1 i 11 Street Garage provides alternative parking for the spaces (approximately 220) displaced by Design Miami. Design Miami is currently in the final year (third year) of their Lease Agreement with the City, which expires December 31, 2012. Design Miami has approached the City about renewing the but the current Agreement does not have a renewal provision. The rental rate for the Premises is $84,375 in each of the lease, including applicable sales tax, per year. This rate was based on a "per flat rate $15.00, calculated by a turnover rate day, and multiplied by the number of days the spaces could have been used, depending on Exhibit use during the rental period. The first lease agreement between the City and Design Miami included a rental structure that was phased in over three years before reaching the optimal turnover rate space of 1.5 times. Since the optimal turnover rate per space of 1.5 times has already been reached, this new lease agreement negotiated does not include a rental rate increase during the term of the lease. This is similar to the lease agreement the City has with National Marine Manufacturers Association (NMMA) for the Boat Show. Source of Funds: OBPI Financial Impact Summary: Amount Account 222 Approved AGENDA ITEM----- OATE _.:....__-~:...= City of Miami !.leach, 1700 Conve1tion Center Drive,. Miami Beach,. Florida 33139. www miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower DATE: 2 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION THE MIAMI BEACH, HOLD THE DESIGN FLORIDA, APPROVING A AGREEMENT WITH DESIGN MIAMI IN LOT, 6; MORE SPECIFICALLY EXHIBIT "A" THIS RESOLUTION. Adopt the BACKGROUND Resolution No. approving a tor-.o::.mil'\or Design Miami Show in ~-'~""'~""'"'"""ri Miami with sufficient to ~"',.,,.,~;,., rot.,. ..... ,.r~ Parking Lot was identified as rwr"111"10"" fOf OpportunitieS for synergy D91W€~en parking at new Hall Pennsylvania alternative parking for the 220) Miami is currently in December 2. The Neighborhoods/Community Committee met on July 2012 and recommended Administration negotiate a new roomcru with Miami. UU!.Av'<::U in is a principal of the of Art 223 Design Miami Parking Lease Agreement City Commission Meeting October 24, 2012 Page 2 of4 PROPOSED LEASE TERMS The proposed Lease Agreement with Design Miami for use of the Preferred Parking Lot has the following terms: Four (4) years ending on December 31, 2016. 2013 Rental Rate: October 21-December 2 December 3-December 8 December 9 -December 26 *2014 tentative dates are: Move-in Show Days Move-out October 20-December 1 Move-in December 2-December 7 Show Days December 8 -December 25 Move-out *Lessee shall give written notice to Lessor on or before February 1, 2014 of any change to the dates; otherwise, the tentative dates set forth above shall be presumed to be the final dates and shall be binding on Lessee. *2015 tentative dates are: October 19 -November 30 Move-in December 1-December 6 Show Days December 7 -December 24 Move-out **Lessee shall give written notice to Lessor on or before February 1, 2015 of any change to the dates; otherwise, the tentative dates set forth above shall be presumed to be the final dates and shall be binding on Lessee. *2016 tentative dates are: October -November Move-in December -December Show Days December -December Move-out **Lessee shall give written notice to Lessor on or before February 1, 2016 of any change to the dates; otherwise, the tentative dates set forth above shall be presumed to be the final dates and shall be binding on Lessee. The rental rate for the Premises is $84,375 in each year of the lease, including applicable sales tax, per year. This rate was based on a "per space" flat rate of $15.00, calculated by a turnover rate per day, and multiplied by the number of days the spaces could have been used, depending on Exhibit Hall use during the rental period. The first lease agreement between the City and Design Miami included a rental structure that was phased in over three years before reaching the optimal turnover rate per space of 1.5 times. Since the optimal turnover rate per space of 1.5 times has already been reached, this new lease agreement negotiated does not include a rental rate increase during the term of the lease. This is similar to the parking lease agreement the City has with National Marine Manufacturers Association (NMMA) for the Boat Show. Use of additional space(s) must be mutually agreed upon by both parties and rental rates for any agreed upon additional space(s) is determined by the formula outlined below. The following is an itemized listing of the rental fees per year: 224 Design Miami Parking Lease Agreement City Commission Meeting October 24, 2012 Page 3 of4 Rental2013 Event parking rate of $22.5p/day (1.5% turnover) per day during Events and 1/4 of lot used. Rental Rate #of Event Days p/space p/day #of spaces Total 15 $22.50 250 $ 84,375 Rental2014 Event parking rate of $22.5p/day (1.5% turnover) per day during Events and 1/4 of lot used. # of Event Days Rental Rate #of spaces Total p/space p/day 15 $22.50 250 $ 84,375 Rental2015 Event parking rate of $22.5p/day (1.5% turnover) per day during Events and 1/4 of lot used. # of Event Days Rental Rate p/space p/day #of spaces Total 15 $22.50 250 $ 84,375 Rental2016 Event parking rate of $22.5p/day (1.5% turnover) per day during Events and 1/4 of lot used. # of Event Days Rental Rate p/space p/day #of spaces Total 15 $22.50 250 $ 84,375 At no time during the Term of the lease will Design Miami be permitted to use more than 300 parking spaces in the Preferred Parking Lot, unless mutually agreed upon. Protection Clause: The Lease includes a clause prohibiting the City from leasing the Preferred Parking Lot to third parties for any furniture design show, for thirty (30) days immediately prior to, and the thirty (30) days after the Design Miami dates. Convention Center Expansion: It is important to note that in light of the discussions regarding the Miami Beach Convention Center expansion, the Agreement includes language providing for a six (6) months notice to Design Miami prior to any construction/capital improvements to the Preferred Parking Lot and/or its vicinity. The City will use best efforts to notice Design Miami with a one (1) year notice. Default and Termination: The City may default Design Miami if any of the following occur: a. If Design Miami abandons or vacates the Premises during any of the dates provided for its use of the Premises hereunder, other than as consistent with moving in or out; b. If Design Miami fails to timely pay any of the rental amounts, as set forth in this Agreement; c. If Design Miami fails to discharge or bond off any lien filed on the Premises, within ten (1 0) 225 Design Miami Parking Lease Agreement City Commission Meeting October 24, 2012 Page 4 of4 days of written notice from City to Design Miami; or d. If Design Miami fails to perform in accordance with any of the other terms and conditions herein contained and such default is not cured within ten (1 0) days after written notice. Public Benefits: Design Miami has also provided residents of the City with a fifteen percent (15%) discount on the purchase of individual day passes. CONCLUSION The Administration recommends adopting the attached Resolution which approves substantive terms of a Parking Lease Agreement between the City and Design Miami for use of the Preferred Parking Lot for the Design Miami fair. KGB/MAS T:\AGENDA\2012\10-24-12\DM PLOT LEASE MEMO 2012.doc 226 RESOLUTION TO BE SUBMITTED 227 C7L A Resolution Authorizing The Mayor And The City Clerk To Execute Amendment No. 1 To The Year 2009/10 State Housing Initiatives Partnership {SHIP) Program Agreement Between The City Of Miami Beach And Miami Community Development Corporation (MBCDC), In A Form Acceptable To The City Manager And The City Attorney. Which Provides $45.938.97 in SHIP Program Income To One Income-Eligible Homebuyer And Rehabilitation Household In North Beach. (Real Estate, Housing & Community Development) (Memorandum & Resolution to Submitted in Supplemental) Agenda 228 THIS PAGE INTENTIONALLY LEFT BLANK 229 R5 RDINANCES COMMISSION I I I::M SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous Offenses," By Amending Article II, Entitled "Public Places"; By Amending Division II, Entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of Transportation," By Amending Section 70-66, Entitled "Definitions," By Adding A Definition For Bicycle Path; And By Amending Section 70-67, Entitled "Prohibited Activities," By Amending The Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive Mobility Devices (Also Known As Segways), By Rewording The Provisions Therein And Conforming The Language To State Law; By Restricting The Speed Of Electric Personal Assistive Mobility Devices To Eight (8) MPH On All City Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The Operation Of Electric Personal Assistive Mobility Devices On Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-613, Entitled "Exemptions," By Exempting The Use Of Electric Personal Assistive Mobility Devices By City Police And City Contracted Services From The Restrictions Of Division II; By Amending Section 70-69, Entitled "Responsibilities Of Bicyclists And Skaters," By Adding Responsibilities For Persons Operating Electric Personal Assistive Mobility Devices; Amending Section 70-70, Entitled "Penalties," To Provide For Responsibilities Of Businesses Providing Rentals And/Or Tours Of Electric Personal Assistive Mobility Devices; By Creating Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In Addition To Existing Non- Criminal Infraction Penalties For The Violation Of Certain Provisions In Chapter Article II, Division II; Severability; d An Effective Date. Key Intended Outcome Supported: I Supporting Data (Surveys, Environmental Scan, etc.): Not Applicable Issue: I Shall the Mayor and City Commission approve the Ordinance? In the interest of safety and in response to recurring complaints from residents, as well as observations regarding the use of Segways on the City's beachwalks, baywalks, cutwalks, sidewalks, and interior park pathways, the Administration recommends that the City Commission adopt an Ordinance regulating the maximum speed of rental Segways operating in the City to 8 MPH. It should be noted that at First Reading of this Ordinance on May 9, 2012, the City Commission approved restricting the maximum speed of Segways to 6 MPH: however, as a result of several meetings with Segway tour and rental companies, stakeholders, discussion at the July 30, 2012 NCAC meeting, and the feedback from Segway, Inc. on this particular matter, the Administration recommends that the maximum speed of Segways be set at 8 MPH. The new proposed ordinance seeks to establish new regulations on Segways and busines viding rental and tours of Segways. The new requirements include the following: 1 )Requirement t available for rental in the City be set at a maximum speed of 8 MPH. 2)Establishing a minimum age limit of 16 years and minimum weight limit of 100 pounds to operate a Segway. 3)Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park. 4)New responsibilities and insurance requirements for businesses providing Segway rentals and tours and for users as stipulated in the Administrative Rules set forth by City Resolution. It is recommended that the new Segway regulations be enforced through the City's Code Compliance Department and the Police Department Provided the new regulations are adopted, staff will provide ail licensed businesses currently providing Segway rentals and tours with copies of such regulations. Once the above new regulations have been adopted by way of an Ordinance, the City Administration will evaluate if regulating the maximum speed of Segways on sidewalks and pedestrian pathways is an effective safety measure, or if further Commission action is necessary, including imposing additional regulations on the use of Segways (restricting the use of Segways on certain pathways, etc.), during peak periods of pedestrian activity. City staff is engaging in an analysis of pedestrian use of the Beachwalk, Baywalk, and Cutwalk to more accurately assess peak pedestrian and evaluate whether further regulations are warranted. THE ADMINISTRATION RECOMMENDS THAT THE ORDINANCE BE APPROVED ON SECOND READING. Account C9 N\IA/\1\1 BEACH 231 IBE City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members Kathie G. Brooks, Interim City Manager October 24, 2012 I Commission SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FlORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE ENTITLED "MISCEllANEOUS OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PlACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING, SKATEBOARDING, ROllER SKATING, IN~LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING SECTION 70m66, ENTITLED "DEFINITIONS/' BY ADDING A DEFINITION FOR BICYCLE PATH; AND BY AMENDING SECTION 70~67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING THE PROHIBITIONS REGARDING MOTORIZED MEANS OF TRANSPORTATION, INCLUDING ElECTRIC PERSONAl ASSISTIVE MOBILITY DEVICES (AlSO KNOWN AS SEGWAYS), BY REWORDING THE PROVISIONS THEREIN AND CONFORMING THE LANGUAGE TO STATE lAW; BY RESTRICTING THE SPEED OF ElECTRIC PERSONAl ASSISTIVE MOBILITY DEVICES TO EIGHT (8) MPH ON All CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE PATHS; AND BY PROHIBITING THE OPERATION OF ElECTRIC PERSONAl ASSISTIVE MOBILITY DEVICES ON INTERIOR PATHWAYS WITHIN SOUTH POINTE PARK AND COlliNS PARK; BY AMENDING SECTION 70~68, ENTITLED "EXEMPTIONS," BY EXEMPTING THE USE OF ElECTRIC PERSONAl ASSISTIVE MOBILITY DEVICES BY CITY POLICE AND CITY CONTRACTED SERVICES FROM THE RESTRICTIONS OF DIVISION II; BY AMENDING SECTION 70*69, ENTITLED "RESPONSIBILITIES OF BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR PERSONS OPERATING ElECTRIC PERSONAl ASSISTIVE MOBILITY DEVICES; BY AMENDING SECTION 70m70, ENTITLED "PENAl TIES/' TO PROVIDE FOR RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND/OR TOURS OF ElECTRIC PERSONAl ASSISTIVE MOBILITY DEVICES; BY CREATING SECTION 70~71, TO BE ENTITLED "PENALTIES" TO PROVIDE CIVIl PENALTIES IN ADDITION TO EXISTING NON~CRIMINAl INFRACTION PENAl TIES FOR THE VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that this item be approved on Second Reading. 232 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 2 of 9 PRIOR COMMITTEE AND COMMISSION ACTIONS At the January 19, 2012 joint meeting of the Neighborhood/Community Affairs Committee (NCAC) and Finance and Citywide Projects Committee (FCWPC), during the discussion on actions recommended to address issues that occur during major event periods (such as Memorial Day Weekend), a recommendation was made to regulate the speed of Segways available for rental in the City to a low setting. The Committee directed staff to proceed with any necessary legislation. This item was subsequently discussed at the meeting of the NCAC held on March 27, 2012. The Committee (Commissioners Libbin and Wolfson present) moved to have an Ordinance drafted and presented to the full City Commission requiring that Segways available for rental in the City be set at a maximum speed of 6 MPH and prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park. Further, the Transportation and Parking Committee met on April 2, 2012 and passed a motion concurring with the City in regulating Segway speed limits to a maximum of 6 MPH. At the May 9, 2012 Commission meeting, the City Commission approved the Ordinance on First Reading as amended. On June 1, 2012, City staff met with representatives of Segway rental and tour companies to discuss their general concerns the proposed Ordinance. At the June 6, 2012 Commission meeting, the Administration requested that this item be opened and continued to September and the item was referred to NCAC in July in order to allow City staff and Segway business owners and other stakeholders the opportunity to address outstanding concerns. A subsequent meeting with Segway rental and tour companies was held on June 19, 2012 to further discuss specific points of concern from the industry regarding the City's proposed Ordinance. In summary, Segway rental and/or tour companies present at the meetings objected to the City's proposed restrictions of Segway use on the Beachwalk, Cutwalk, and Baywalk and regulating speeds to a maximum of 6 MPH. Further, Segway rental and/or tour companies believed that any proposed restrictions should also apply to other modes of motorized/electric transportation, such as trikes, electric bikes, and electric scooters, which are currently using sidewalks and pedestrian pathways and can have top speeds in excess of 20 MPH. At this time, there are at least two businesses in the City that rent trikes and electric bikes in addition to renting Segways. At the July 30, 2012 NCAC meeting, the Committee made several recommendations that required further evaluation by staff. These recommendations are further described in the section below. At the September 12, 2012 Commission meeting, this item was opened and continued to the October Commission meeting. CURRENT STATUS At the July 30, 2012 NCAC meeting, with Commissioners Tobin, Ubbin and Exposito, present as well as several residents and representatives from Segway rental and/or tour companies, additional comments and concerns regarding the City's proposed Ordinance were raised and discussed. The Committee directed the Administration to bring this to the City Commission having considered the comments raised. As such, City staff has conducted further research and analysis to address each of the comments. Below is a listing of all points raised at the 30th NCAC meeting and the City 233 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 3 of 9 Administration recommendation for each. We have classified comments as "Responsibilities of Business Entities" and "Responsibilities of Users." RESPONSIBILITIES OF BUSINESS ENTITIES 1) Comment: A speed limit of 8 MPH as long as the documentation from the manufacturer substantiates the claim that the motors will bum out at 6mph. City Response: City staff has contacted Segway Inc. in regards to this particular issue and requested the manufacturer provide a recommendation in this regard. Please see attached response from Mr. Nicola Dallatana, Vice President of Global Regulatory Affairs, Segway, Inc. The manufacturer has advised that while a maximum speed limit setting will not cause harm to a machine, a speed limit of 9 MPH is recommended in open environments. Further, every Segway machine is equipped with a Speed Limiter which is automatically triggered 2 MPH before the programmed top speed is encountered. In other words, a Segway that is set to a maximum speed limit of 8 MPH, for example, will begin applying negative torque and pitching rearward (pushing the handlebar back towards the user) at a speed of 6 MPH, thereby alerting the user that he/she is approaching the maximum speed limit on the machine. 2) Comment: Administration to look at the insurance requirements to ensure the company is Best rated of B+VI, or better, to ensure coverage, and that there is a medical payment coverage of no less than $25,000 in the event that someone is hurt City Response: This provision is included in the proposed Administrative rules set forth in City Resolution. 3) Comment: Visible identification on each Segway listing the name of the company. City Response: This provision is been included in the Administrative Rules set forth in City Resolution. 4) Comment: Accident reporting requirements that are consistent with motor vehicles. City Response: This provision is been included in the Administrative Rules set forth in City Resolution. 5) Comment: Limiting use to certain areas. City Response: This requirement is been included in the proposed Ordinance. 6) Comment: Prior to renting, the company is to sign an affidavit that states that the renter has been trained and the company believes the driver is competent to be on the street City Response: This provision is included in the Administrative Rules set forth in City Resolution. Comment: City Response: Review the penalties. This requirement is included in the proposed Ordinance. The Administration believes that the proposed fine amounts are appropriate and would discourage violations based on 'the cost of doing business' by Segway rental and/or tour companies. On average, the cost of a 2-hour Segway rental is $50, while the amount of the fine for a first offense is $100. Subsequent fines 234 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 4 of 9 8) Comment: City Response: 9) Comment: City Response: 10) Comment: City Response: 11) Comment: City Response: 12) Comment: City Response: 13) Comment: City Response: 14) Comment: City Response: 15) Comment: City Response: are $250 for the second offense, $500 for the third offense, $1 000 for the fourth offense, and habitual offenders are subject to forfeiture of license. Include other vehicles; not Hmit to Segways. The City's interest is to protect the general public and ensure the safety of all users of our transportation and recreational facilities. As such, particular Ordinance serves to enhance the safety of Segway operators and users of our Beachwalk, Cutwalk, Baywalk, and sidewalk areas. Other modes of motorized transportation on public rights-of-way are currently regulated through Florida Statutes. Moreover, motorized means of transportation are already prohibited in existing language in the City Code. However, if so desired by the Commission, the Administration can address other regulations for motorized transportation and present to City Commission for approval at a future date. Safety requirements should be posted on the window of the entities and the renters should have to sign-off and be given a copy of the City's safety requirements. This provision is included in the Administrative Rules set forth in City Resolution. In large font, identify their company, telephone number and vehicle ID number on their vehicles. This provision is included in the Administrative Rules set forth in City Resolution. Not rent their vehicles for use after darkness falls. This provision is included in the Administrative Rules set forth in City Resolution. Not permit the motorized means of transportation on the west side of Ocean Drive from 51h to 15th Street This requirement is currently in the City Code. Not knowingly put into service any vehicle it suspects is unsafe, nor shall it lease a vehicle to any person who it has reason to believe is incompetent to operate the vehicle or who may be recklessly indifferent to the safety of others. This provision is included in the Administrative Rules set forth in City Resolution. Post operating regulations in plainly visible signs at their rental offices and verify that their lessees understand them. This provision is included in the Administrative Rules set forth in City Resolution. Require a minimum age restriction The City has contacted Segway Inc. for guidance in this regard. Please refer to the attached email from Nicola Dallatana, Vice President of Global Regulatory Affairs, dated September 28, 2012, where Segway recommends 235 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 5 of 9 16 years old as minimum age a Segway operator, and more importantly, a minimum weight limit of 100 pounds. There are no height limits. This requirement is included in the Administrative Rules set forth in City Resolution. RESPONSIBILITIES OF USERS 1) Comment: City Response: 2) Comment: City Response: 3) Comment: City Response: 4) Comment: City Response: 5) Comment: City Response: BACKGROUND Require any Segway operator to stop and render assistance to any person that operator may have collided with, fully identify himself/herself, identify rental agency and vehicle ID, and file a police report describing the accident and the ID of the victim(s). This requirement has been included in the Administrative Rules set forth in City Resolution. Require operators to use audible signals when approaching pedestrians from the rear. This requirement is currently included in State Statute (§316.2068(e)) and in the City Code. Require operator to yield to pedestrians. This requirement is currently included in State Statute (§316.2068(e)) and in the City Code. Notify the police of any collisions between Segway operators and pedestrians as soon as they become aware of them. This provision is included in the Administrative Rules set forth in City Resolution. Prohibit operator from racing or stunt-driving. This provision is included in the Administrative Rules set forth in City Resolution. In 2007, the City of Miami Beach (City) adopted the Atlantic Greenway Network (AGN) to create a safer environment for pedestrians and bicyclists. The AGN proposed a comprehensive network of pedestrian and bicycle facilities that provides direct access to important destinations within the City, linking residential neighborhoods, commercial centers, and parks. The Beachwalk, Baywalk, and Cutwalk corridors, as well as trails and pedestrian paths located within the interior of the City's parks, are a major component of the AGN system and facilitate the use of alternative and sustainable forms of transportation throughout the City. The urban, dense environment of Miami Beach leads to a high percentage of users competing for public space, including pedestrian pathways and sidewalks. Recently, this has also included the use of Electric Personal Assistive Mobility Devices (also known as Segways) along the City's Beachwalk, Baywalks, Cutwalks, Sidewalks, and interior park pathways. Recent complaints with regard to Segway use in the City have ranged from the speed at which the users pass pedestrians, often without any warning to the pedestrian; careless and reckless behavior by the users causing congestion and fear of injury on heavily traveled pedestrian walkways; and collisions with pedestrians causing serious personal injuries. There have been at least two accidents involving Segways and pedestrians that resulted in injuries requiring emergency assistance. In addition, there 236 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 6 of 9 has been damage to public art in Collins Park caused Segways. CURRENTREGULAnONS Section 316.2068 of the Florida Statutes requires the following in subsection (1)(e): if a person is operating the device on a sidewalk, the operator must yield the right-ofMway to pedestrians and give an audible signal before overtaking and passing a pedestrian; and in subsection (4): a person who is under the age of 16 years may not operate, ride or otherwise be propelled on an electric personal assistive mobility device unless the person wears a bicycle helmet that is properly fitted, that is fastened securely upon his or head by a strap, and that meets the standards of the American National Standards Institute (ANSI Bicycle Helmet Standards), or any other nationally recognized standards for bicycle helmets which are adopted by the Consumer Product Safety Commission. Recently, at the City's request, the Florida Legislature passed House Bill 599 which amended §316.2068 of the Florida Statutes. The law became effective on 1, 2012 and authorizes municipalities to regulate the operation of electric personal assistive mobility devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the governing body of the municipality determines that such regulation is necessary in the interest of safety. Sidewalks were added to the list of areas where local governments may regulate, but not prohibit, the use of Segways. In addition, municipalities are further authorized to control and regulate Segways pursuant to §316.008(7) of the Florida Statutes. This Section provides that a municipality may restrict the operation of electric personal assistive mobility devices, and other specified devices, on sidewalks or sidewalk areas when such use is permissible under federal law (e.g., when Segways are not operated on sidewalks adjacent to Federal-aid System Highways, in which case the Federal Highway Administration must issue a permit for motorized uses other than wheelchairs and electric bicycles). If speed is regulated by a municipal ordinance pursuant to this Section, the ordinance must restrict the speed of the device to a maximum speed of 15 miles per hour (MPH) in such areas. Pursuant to 23 U.S.C. § 217, electric personal assistive mobility devices are generally prohibited on any bicycle transportation and pedestrian walkway facility, including trails, funded under the Federal- aid highway funding program categories. An exception to the above prohibition is if a mobility device is used by persons with mobility related disabilities. A substantial portion of the City's existing Beachwalk segments has been funded by the Transportation Enhancement Program (TEP), a Federal Highway Administration (FHWA) discretionary grant program administered locally by the Miami-Dade Metropolitan Planning Organization (MPO). As such, the City is in the process of confirming with FHWA -Florida Division whether the above federal regulations apply to the Beachwa!ks and other pedestrian ways in the AGN, as this would provide further regulation of the types of devices permitted thereon. ANALYSIS The Administration recently contacted Segway, Inc., the sole manufacturer of Segway products, to inquire regarding the possibility of setting a maximum speed at which Segways can operate. Typically, Segway speeds are pre-set from the factory in two (2) distinct user settings: a "beginner/turtle" setting of6 miles per hour (MPH) and an "advanced" setting of 12 MPH. The speed is adjustable between 4 MPH and 12.5 MPH in increments of 0.5 MPH. The absolute maximum speed at which Segways can operate is approximately 12.5 MPH. However, Segways can be set by the factory or an authorized dealer to operate up to any pre-set maximum speed through the use of the lnfokey Programming Tool. This tool allows an authorized dealer or Segway representative to lock in a top speed. An end user would then only be able to adjust the speed within the parameters 237 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 7 of 9 set by the dealer/factory. For instance, if a dealer set the top speed of the Segway to 10 MPH, the end user would be able to adjust the speed between 4 MPH and 10 MPH in increments of 0.5 MPH; however, the user would not be able to exceed the maximum speed set by the dealer/factory. The lnfokey Programming Tool is currently only sold to authorized dealers and tour groups owned by Segway Inc. Currently, there are two authorized dealers in South Florida and one Segway Authorized Tour/Representative in Miami Beach which have access to the lnfokey Programming Tool necessary to adjust maximum speeds on Segways. City staff has confirmed that, at this time, three (3) Business Tax Receipts (BTRs) have been issued for the rental of Segways in the City; one additional BTR application is pending. The total number of Segways currently available for rental by Businesses with active BTRs for Segway rentals and/or tours is approximately 75. The City does not currently regulate total number of actual Segways that the businesses may have available for rentaL Some Segway rental companies provide tours of the City, and these often involve six to seven individuals on Segways travelling in a tight group with a guide. RECOMMENDATION In the interest of safety, and in response to recurring complaints from residents, as well as observations regarding the use of Segways on the City's Beachwalks, Baywalks, Cutwalks, sidewalks, and interior park pathways, the Administration recommends a two-prong approach to addressing the issue of Segway speeds and use in the City, As a first step, and in the interest of safety due to the proliferation of Segway users that endanger and disrupt pedestrian traffic on sidewalks and other pedestrian pathways, the Administration recommends that the Miami Beach City Commission adopt an Ordinance regulating the maximum speed of rental Segways operating in the City to eight (8) MPH. It should be noted that at First Reading of this Ordinance on May 9, 2012, the City Commission approved restricting the maximum speed of Segways to 6 MPH; however, as a result of several meetings with Segway rental and/or tour companies, stakeholders, discussion at the July 30, 2012 NCAC meeting, and the feedback from Segway, Inc. on this particular matter, the Administration recommends that the speed of Segways be set at 8 MPH The proposed Ordinance would amend the City Code to require that each business providing Segway rental and/or tours in the City provide documentation to the City certifying that each Segway used for rental purposes has been pre-set to a maximum speed of 8 MPH. Further, businesses providing Segway rental and/or tours would be required to comply with higher general liability insurance requirements, among other responsibilities further described below and as stipulated in the Administrative Rules set forth in City Resolution. In addition, in response to concerns with the use of Segways in interior park pathways, the proposed Ordinance would prohibit the use of Segways in interior pathways of South Pointe Park and Collins Park. It is recommended that the new Segway regulations be enforced through the City's Code Compliance Division and the City's Pollee Department Provided the new regulations are adopted, staff will provide all licensed businesses currently providing Segway rental and/or tours with copies of the new Ordinance and Administrative Rules. Once the new Ordinance and Administrative Rules have been implemented, the City Administration will evaluate if regulating the maximum speed of Segways on sidewalks and pedestrian pathways is a sufficient safety measure, or iffurther Commission action is necessary. Such actions may include imposing additional regulations on the use of Segways, such as restricting the use of Segways on certain pathways, etc., during peak periods of pedestrian activity, City staff is engaging in an 238 Commission Memorandum -Ordinance Regulating Speed of Segways October 2012 Page 8 of 9 analysis of pedestrian use of the Beachwalk, Baywalk, and Cutwalk to more accurately assess peak pedestrian activity. PROPOSED ORDINANCE The proposed Ordinance will amend Sections 70-66,70-67, 70-68, 70-69, and 70-70 ofthe current City Code and create a new Section 70-71. In essence, the proposed Ordinance consists ofthe following regulations: 1. Requirement that Segways available for rental in the City be set at a maximum speed of eight (8) MPH. 2. Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park. 3. New responsibilities and insurance requirements for businesses providing Segway rental and/or tours. In particular, the proposed Ordinance consists of the following changes to the City Code: • Section 70-66 of the Code is being revised to include a definition for "bicycle path" which includes the City's coastal pathways, beachwalk, baywalk, and cutwalk that are within the Atlantic Greenway Network. • Section 70-67 of the Code is being revised to include a restriction on the maximum speed of electric personal assistive mobility devices to eight (8) MPH on sidewalk, sidewalk areas, and bicycle paths; and a prohibition of Segways on the interior pathways within South Pointe Park and Collins Park. Also, existing Code language is provided for reference. • Section 70-68 of the Code is being revised to exempt Police Department electric personal assistive mobility devices, City service vehicles, and City contractor service vehicles from the proposed regulations and new requirements. • Section 70-69 of the Code is being revised to include responsibilities of operators of electric personal assistive mobility devices. • Section 70-70 of the Code is being revised to include responsibilities of entities providing rentals and/or tours of electric personal assistive mobility devices. New requirements include: a) Obtain a business tax receipt from the City pursuant to Chapter 1 02 of the City Code. b) Provide a minimum of $1,000,000.00 in liability insurance coverage that includes the City of Miami Beach as a named or additional insured. c) Provide a certificate from an authorized electric personal assistive mobility device dealer verifying that each device made available for rent, lease or tour has been set to a maximum speed of eight (8) MPH, 239 Commission Memorandum -Ordinance Regulating Speed of Segways October 24, 2012 Page 9 of 9 d) Obtain a release of liability and hold harmless agreement, releasing and holding the City of Miami Beach harmless from liability signed by all renters of electric personal assistive mobility devices, which release and hold harmless agreement shall be made available for inspection by the City at any time during business hours. e) Provide all renters of electric personal assistive mobility devices with a copy of all applicable Federal, State, and City laws, codes and regulations, the receipt of which shall be acknowledged by the renter. f) Comply with all administrative rules that may be established by the City regarding rental, leases, or tours of electric personal assistive mobility devices. • Section 70-71 of the Code is being added to reflect enforcement and penalty provisions. The penalties for violations of Sections 70-69(d)-(e) and 70-70 are as follows: o $100 for the first offense o $250 the second offense o $500 for the third offense o $1000 for the fourth offense o Habitual offenders are subject to forfeiture of license The penalties for violations of Sections 70-67 and 70-69(a)-(c) are deemed non-criminal infractions as defined in Section 318.13(3) of the Florida Statutes and shall be subject to the penalties set forth in Section 316.655, Florida Statutes. FINANCIAL IMPACT Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions." Staff has determined that there will not be a fiscal impact on the City's budget by enacting the proposed ordinance. The implementation ofthe proposed Ordinance would not require additional staffing. Enforcement ofthe proposed Ordinance would be achieved through the Code Compliance and Police Departments, utilizing existing resources. Attachments KGB/JGG/FHB/RWS/JRG T:\AGENDA\2012\10-24-12\Segways speed. MEMO 240 Attachment Castellanos, Diana From: Sent: To: Castellanos, Cc: Sarmiento, Subject: FW: contact details Attachments: MIAMI Referenced attachment to Segway Memo/Ordinance. Thanks. MIAMi BEACH JOSE R, GONZALEZ, P.E. TRANSPORTATION MANAGER Transportation Division-Public Works Department 1700 Convention Center Miami Beach, FL 33139 Debora Tel: 305-673-7080 Ext. 6768 I Cel: (786) 295-6863/ =~:::.r.::~~=,=..:~===-".h!= http://www.miamibeachfl.gov We are committed to historic community. Message----- excellent serJice ancl safety to all who From: N :cola Dal!ata na ~==.:c~=~==~....:::.::=-::.~"'-="'-!.:J Sent: Friday, Dear Mr. work and in our vibrant, As manufacturers we recommend 16 years old as minimum age. In controlled environments or accompanied by adults we are aware of independent tour operators 14 years olds. More we recommend a minimum limit of 100 lbs. are not height limits. Please find other recommendations and specs at page 5 the Segway PT Reference Manual in the Concerning the other questions, you will find a note attached. Please confirm its reception. If you have further questions, we will be glad to assist you. Best regards, Nicola Dallatana 241 JOSE R. GONZALEZ. PE TRA.NSPORTA TION MANAGER TransrJortati<m Division -Public Works Det)Artment 1700 Center Drive, M!arni SEGWRY Parma, 27th of September 2012 Tel: 305-673-7080 Ext 6768 I Cel: (786) 295-68631 josegonzalez(Q)rniamibeachflqov Dear Mr. Gonzalez, Following our telephone conversation yesterday, I gladly share information about technical features of the Segway PTs which should useful when deciding on how to regulate their use in your jurisdiction. Obviously, we will support any measures which will promote responsible riding and improve the safety of PT riders and other users of public space. To that end, we strongly recommend that the maximum speed to be programmed on the local units should not be less than 9mph. 1 I believe you are familiar with how the Speed Limiter works. Please refer to our safety video at 1:30 seconds to find relevant information about this routine? As stated on the Segway Reference Manual 3 at page 48: Speed limiter '//hen tow arpwach th-e mnt\mum ffi,!owet ;c.tpe:act. the S~gwa/ PT' Lir>Hter W'H p~l$'h the: Hal1d'eb<'ir back to $>O>V y-;'t.l dowr: :$N 16>. PT$ $;)-et:<d L ifniter ,$an t:~!-ert that yod ane mov~r,-g toe th-e Mand:etm hac~ stop !eave a cetw-eer1 17 Riding against the Haml!ebar can cause loss of controL collisions. falls, and mjury. The speed at wtHch the Speed L!m1ter ousnes the Handlebar back on a factors 4\duoif~g Of I\Ot the Setting is positioning, and otner factors. What is not apparent from public documentation is that the speed limiter routine is triggered 2mph before the programmed top speed is encountered. This means that the machine will start pitching rearward, moving the Leans Steer back towards the rider. This region is important to gradually notify the riders that 1 Typically novice users are trained on units which are speed limited to 6 mph for the time necessary to understand its what we call 'Turtle Mode'. Once have acquired sufficient skills and the riding environment is appropriate, are allowed to ride at higher speeds gradually. This process is documented our Official Guided Tours Waivers and Orientation checklists. : Video:~~~~~~~~~~~~~~~~~~. 14 Technology Drive • Bedford, NH 03110 o USA • P: 603.222.6000 • F: 603.222.6001 • www.segway.com 242 SEGWAIY they are approaching the speed limit creating an uncomfortable position for them to sustain. Once the programmed top speed limit is reached, the machine will more aggressively push the bar back so that the maximum speed can not be sustained above the set level. Setting a top speed limit to less than 9 mph for trained users in a open environment is NOT recommended for the following reasons. Our product documentation (video, individual training, manuals) specifically warns against trying to "overpower" the speed limiter, which places the body and machine in an orientation that is less able to deal with transients (bumps, holes, changes of terrain, slopes etc). Setting a very low speed threshold will have the negative effect of inviting people to ride against the speed limiter all the time. The reason why we believe that there is good basis to taking into consideration a reasonable top speed is that we wanted to ensure that the user could accelerate slightly, even if this was for just a few seconds, in case an obstacle was approaching. An example is a PT user crossing the street with a car approaching quickly. As a last point, we would respectfully point out that it might be easier to enforce restrictive measures on certain locations (for example of sidewalks that are narrower than a certain amount of feet). We hardly believe an agent will be able to tell the difference between units riding at 6 or 9 mph, both of which are a fraction of the speed one can easily reach running, skateboarding, skating, cycling or with any device which is not, like in our case, speed limited. Since understanding this machine is cumbersome based only on written information, we would like to offer the opportunity to have one of our representatives to meet you in person and give a practical demonstration of why we believe that there exist substantial arguments for not limiting the top speed to less than 9mph. We understand the difficulty of having to deal with a technology that is so different from traditional means of transportation where braking is commanded under all circumstances by the user. For this reason I thank you in advance for your valuable time and look forward to hearing back from you. Best regards, Nicola Dallatana Vice President Global Regulatory Affairs Segway Inc. Strada Mulatliera lnferiore 21 4310 Parma Italy Cell +393387999448 Mob +390521671505 14 Technology Drive e Bedford, NH 03110 * USA * P: 603.222.6000 o F: 603.222.6001 e www.segway.com 243 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES!!; BY AMENDING DIVISION II, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN~LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED "DEFINITIONS," BY ADDING A DEFINITION FOR BICYCLE PATH; AND BY AMENDING SECTION 70~ 67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING THE PROHIBITIONS REGARDING MOTORIZED MEANS OF TRANSPORTATION, INCLUDING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (ALSO KNOWN AS SEGWAYS), BY REWORDING THE PROVISIONS THEREIN AND CONFORMING THE LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO EIGHT (8) MPH ON ALL CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE PATHS; AND BY PROHIBITING THE OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES ON INTERIOR PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS PARK; BY AMENDING SECTION 70~68, ENTITLED "EXEMPTIONS," BY EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES BY CITY POLICE AND CITY CONTRACTED SERVICES FROM THE RESTRICTIONS OF DIVISION II; BY AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR PERSONS OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY AMENDING SECTION 70-70, ENTITLED "PENAL TIES," TO PROVIDE FOR RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND/OR TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING SECTION 70-71, TO BE ENTITLED "PENALTIES" TO PROVIDE CIVIL PENAL TIES IN ADDITION TO EXISTING NON-CRIMINAL INFRACTION PENALTIES FOR THE VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to encourage use of bicycle paths in the City; and to facilitate and balance the health, safety, and welfare interests of bicyclists, pedestrians, and others utilizing bicycle paths, sidewalks, and sidewalk areas in the City; and WHEREAS, the City of Miami Beach is an international tourist destination that visitors from around the world year round which thereby significantly increases the use and congestion of the City's bike paths, sidewalks, and pedestrian ways; and WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective 1, 2012, to provide that a "municipality may regulate the operation of electric personal assistive 244 on any road, street, sidewalk, or bicycle path under its jurisdiction if .. municipality determines that regulation is necessary in interest safety"; and WHEREAS, municipalities are further authorized to control and regulate segways pursuant to Section 316.008(7) the Florida Statutes, which provides that a municipality may restrict the operation of electric personal assistance mobility devices to a maximum speed 15 miles per hour on sidewalks or sidewalk areas when such use is permissible under federal when such devices are not operated on sidewalks adjacent to Federal-aid System Highways, in case Federal Highway Administration must issue a permit motorized uses other than wheelchairs and electric bicycles); and WHEREAS, the City's bicycle paths on the Beachwalk, Baywalk, Cutwalk, and the coastal pathways are within the Atlantic Greenway Network; and WHEREAS, due to the safety concerns and injuries already experienced on the City's heavily traveled bicycle paths and sidewalks, the Mayor and City Commission hereby that it is in the of public safety that electric personal assistive mobility devices be regulated as set forth and, where otherwise not prohibited, limited to a maximum speed of eight (8) mph on all City sidewalks, sidewalk areas, and bicycle paths; and WHEREAS, due to the congestion of interior pedestrian pathways within Collins Park and South Pointe Park, and physical damage to public art work in Collins Park caused by persons on electric personal assistive mobility devices, the Mayor and City Commission determine that, in the interest safety, such devices should not be permitted in these areas. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division II, entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, and Motorized Means of Transportation," of Article II, entitled "Public Places," of Chapter 70, "Miscellaneous Offenses," of the Miami Beach City Code is hereby amended as forth below. Other sections in Division II are also provided for reference purposes. CHAPTER 70 MISCELLANEOUS OFFENSES * * ARTICLE II. Public Places * * DIVISION II. Bicycling, Skateboarding, Roller Skating, ln~Line Skating, and Motorized Means of Transportation * * Sec. 70~66. Definitions. The following definitions are applicable to this division: 2 245 Bicycle path means any road, path or way that is open to bicycle travel which road, path, or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way. and as defined and authorized by state law and the city code, and includes the city's coastal pathways, beachwalk, baywalk, and cutwalk that are within the Atlantic Greenway Network as set forth in Appendix A. Grinding means the process by which a skater or skateboarder attaches to a curb or rail and slides along edge of the curb or rail. Launching means using any angled or elevated surface which the skater, skateboarder, or can jump from in order to get airborne. Rail sliding means [a process] similar curb or edge grinding. Handrails are often used rail in the skater jumps to the top of rail slides down the decline. Stalling means the process by which a skater or skateboarder attaches to a curb or edge in the space between the second and third wheel of the in-line skate or part of the skateboard. Sec. 70~67. Prohibited activities. (a) It shall be for any to engage in skateboarding, or any motorized means of transportation, except for wheelchairs or such other motorized devices when used by disabled persons, in, on, or upon any portion of Lincoln Road Mail lying west of the westerly of Washington Avenue to the easterly line of Alton Road any time. (b) It shall be unlawful any person to engage in bicycling, roller skating, skateboarding, or operating any motorized means of transportation, in, on, or upon any portion of the sidewalk on the west side of Ocean Drive between South Pointe Drive and 15th Street at any time, except fur wheelchairs or other motorized devices when used by disabled persons, in, on, or upon any pertion of the sidev.'alk on the west side of Oeoan Drive between Biseayne Street and 15th Street at any time. (c) It be unlawful to operate any motorized means transportation in, on, or upon any sidewalk or sidewalk areas in the city, except for @ wheelchairs or other motorized means of transportation devices when used by disabled persons, and (b) electric personal assistive mobility devices, where otherwise not prohibited, which shall be restricted to a maximum speed of $:f€H eight (8) miles per hour, iR, on, or upon any sidewalk or pedestrian vvalkway in the city. @ It shall be unlawful to operate an electric personal assistive mobility device on any bicycle path in the City, where otherwise not prohibited, at a speed greater than~ eight (8) miles per houL ~.{§} It shall be unlawful to grind, rail slide, launch, or stall on the skateboard, in-line skates, or roller skates or to engage in any other such typo of activity which results: in the damage public or private property. 3 246 It shall be unlawful to operate an electric personal assistive mobility device on interior pathways within South Pointe Park and Collins Park. Sec. 70~68. Exemptions. bicycle, afl€1: in-line skate, and electric personal assistive device patrol service vehicles, city-contracted security and maintenance services, =~=--~~= authorized by the city for use by city lessors, concessionaires, or other city contractors operating pursuant to an agreement with the city, and the city-operated tram service shall be exempt the restrictions of this division. Sec. 70·69. Responsibilities of bicyclists.~...aoo skaters., and persons operating electric personal assistive mobility devices. (a) It shall be unlawful any person to engage in bicycling, skateboarding, in-line skating, 0f roller skating, or operating electric personal assistive mobility devices in the following areas: i. On the grounds of any public facility including, but not limited city hall, municipal parking garages, city police and stations, public works yards, and historically designated properties. 2. On any public ramps, fountains, or or structures. Bicycles shall not be chained or otherwise secured to any tree, fixture, or object which is not a bicycle rack on any portion of Lincoln Road or Ocean Drive. Whenever any person is riding a bicycle, skateboarding, in-line skating, 0f roller skating, or operating an electric personal assistive mobility device, such person shall engage in such activity at a Gontrolled safe speed which does not endanger the safety of pedestrians or others, shall yield the right-of-way any pedestrian, and shall an audible signal before overtaking and passing such pedestrian. iQ2 Whenever a person is operating an electric personal assistive mobility device, such person shall comply with all applicable federal, state, and county, and si~:t regulations, administration rules, and laws. ifU Whenever a person is operating an electric personal assistive mobility device, such person shall comply with all agplicable administrative rules established by the city. Sec. 70-70. Penalties Responsibilities of persons and businesses entities providing rentals, leases, and/or tours of electric personal assistive mobility devices. A violation of any of the provisions ef this division shall bo deemed a non criminal infraGtiGH·was defined in F.S. §318JJ(J) and shall 9e sul:>jeot to the penalties set forth in F.S. §316.6§55. Any person or business entity that rents, leases, and/or provides tours for electric personal assistive mobility devices shall: @} Obtain a business tax receipt from the city pursuant to Chapter 1 02 of the City Code; 4 247 ill) Provide a minimum of $1,000,000.00 in liability insurance coverage that includes the City of Miami Beach as a named or additional insured; {fl Provide a certificate from an authorized electric personal assistive mobility device dealer verifying that each device made available for rent, lease, or tour has been set to a maximum speed of si?tf&1 eight (8) mph; @ Obtain a release of liability and hold harmless agreement, acceptable to the City Attorney, releasing and holding the City of Miami Beach harmless from liability signed by all renters of electric personal assistive mobility devices which release and hold harmless agreement shall be made available for inspection by the city at any time during business hours; and !ill Provide all renters of electric personal assistive mobility devices with a copy of all applicable federal, state, and city laws, codes, and regulations, and administrative rules, the receipt of which shall be acknowledged by the renter. ill Comply with all administrative rules that may be established by the city regarding rentals, leases, GF tours, and the safe operation of electric personal assistive mobility devices. Sec. 70~71. Penalties. A violation of the provisions in Sections 70-67 and 70-69 (aHc) shall be deemed a non- criminal infraction as defined in F.S. § 318.13(3) and shall be subject to the penalties set forth in F.S. § 316.655. lQl A violation of the provisions in Sections 70-69(d)-(e} and 70-70 shall be enforced in accordance with the following procedures and penalties: 1:. If a code compliance officer finds a violation ef tl:lis Ghapter the compliance officer shall issue a notice of violation to the violator as provided in chapter 30. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within 20 days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing. A violator who has been served with a notice of violation shall elect either to: £. (iii) Third offense .......................................... $500.00; (iv) Fourth and subsequent offenses ................ $1,000.00; or 5 248 ,Q. If the offense is a fourth or subsequent offense, it shall also be considered an habitual offender offense and, in addition to the penalty set forth in subsection 70-71(b)(2)(a)(iv), the City Manager may issue an administrative complaint for the suspension or revocation of a business tax receipt and certificate of use as provided in sections 1 02-383 through 102-385, If the named violator, after notice, fails to pay the civil fine or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code comgliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violators right to administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. The special master shall be prohibited from hearing the merits of the notice of violation or consideration of the timeliness of the request for an administrative hearing if the violator has failed to reguest an administrative hearing within 20 days of the issuance of the notice of violation. 4. Any party aggrieved by the decision of the special master may appeal the decision in accordance with law. 5. The city may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the city may foreclose or otherwise execute upon the lien . .(g} The procedures for appeal of the notice of violation by administrative hearing shall be as set forth in sections 102 384 30-72 and 102 385 30-73. SECTION 2. Repealer. ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. Severability. If section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect validity of the remaining portions of this ordinance. 6 249 SECTION 4. Codification. It is the of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained the provisions this ordinance shall become and made a part of the Code of the City of Miami Beach, The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to " "article," or other appropriate word. SECTION 5. Effective Date. This Ordinance shall take effect the __ day of October, 2012. PASSED and ADOPTED this __ day of _______ , 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK MA TTl HERRERA BOWER MAYOR Underline denotes additions and stFike through denotes deletions APPROVED AS TO &lANGUAGE 'EXECUTION / F:\A TTO\TURN\ORDINANC\Eiectric Personal Assistive Devices-Segway Speed-Paths & Sidewalks 2012.docx 7 250 Atlantic Greenway Network: Coastal Pathways Date: 0212812012 251 !BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS OOTICE iS HEREI:W given that a pui:liic iuannq will ile held hy llle Ml!)Or allli City Commission ol the City of Miami Bllooh, Florida, in the Commission Cllamilers, 3rd l"1oo( City Halk 1700 Gonvertioo Center Drive, Miami Boocll, Florida, on Wedr!ooday, Or:lolrnr lM, 2!rl2, !n coosidar the fullnwing: -~ II All OI'IDIMAUGE OF THE MAYOR AND CITY COMMISSION OF T*E CITY OF MIAMI BEACH, FUllUM, AMENDING CHA!'TEII 70 oF THE MIAMI BEACH em moE ElrnTI.ED "M!litEI.!.ANEOOs I \ DFIFE*SES," BY AMEI>!!.IiltG ARTICLE !!, E*Tr!Uil "!'OOUC I"LAGES"; !JY AME*Illlffi l.l!VlSIDN II, I OO!TI.ED "SIC'fCUII!l, SKJITEBMI'IIl!MG, ROLLER SKATIIIG, IN·UNE SKATING, AND MI.JTDRIZEil MEAI!s oF 'ffi!INSPOIITII.TION." av A~~nnmiNn SECTION 71H'l6, oomm "DEFIN!TIDNS," sv 1 ADDING A D£ANmDn FOR srovct.e PATH; AND 1w AMENDING sremn 11Hl'l, ElrnTI.ED I "PROO!!iiiTEil ACTMTIES," 8Y AMENrHNG THE POOHIS!TIO!iS IIEQAI!Dil'lG WJTOII!ml MEAIIG Of i!IAI4:SI'OOTAtl!m, INCL!J!l!l'lG EI.ECTII!C Pmsotw. ASSIST!VE Mt.mtm' !lrni!CS (ALSO kNOWN I AS SOOWAYS}, BY ltEWOII!liNG TilE PIIIWISIONS TIIEIIEJII AND CUNmRMIIIfll!!E lAIIOOAGE m STATE lAW; BY IIESTII!CTI!\16 TilE SI'U!I OF EU:CTIIIC PEI'IS!mAL ASS!STIV£ Mt.mli.!TY !lrni!CES , m !liGHT (!!) IIIPM ON J.t.l. CITY SIDEWAI.I(S, SlllEWALK AIIW, AND I!ICVC!JE PATl'lS; AND BY ,, !'ROHIBiill'lG TilE !li"EMATIOII OF WCTR!t PERSlll'lAL ASS!Sfl¥1: MllBilm' mNICES 1m INTE!U!l!l MTIIWAYS W!Tiilll SlllffH POINTE I'MK ANO OOLLIIIS I'M!<; SY AMEIII:HW SECT!Ill'l 71H'l6, ! OO!TI.ED "EKEM!'T!Ol'lS," BY Elm!IPT!NG THE IJSE 01' ELECTI'IIC I'EIISONAL ASSISTI¥E MllBII.!TY , !lrniiCES BY CITY POUCE All!! tiT'!' COIITMCTEO SEII\Ili:ES FRDM THE !lESTillCT!OIIS OF .. OOIIS!Oil I!; BY AME!ID!l'lG SECTIOII11Hl9, OOITI.E!l "RESPONS!BIUT!ES OF a!CYWSTS A!IO • , SKATERS," !IY MIDIIIG IIESI'ONSIBILITIES FOR PfROO!lS OPERATING ELECTRIC PEIIOOIIAL. ASSIS'I'M! MOBIUT'f DE1l!CES; BY AMEN!l!NG SECTillll 71r70, OOITI.EO "PENALTIES," TO 1'110\ll!lE roR IIESPONSIIHL!TIES OF BUSIMESSES I'ROII!llil'lO RENTALS AIIO!Im 'l'OORS OF lil.ECTRIC PEf!OOIIAt ASS!Sli\IE MOBILITY Dmt:ES; SY CREATI!Ifl SECTION 111-71, TO SE ElrnTLEO "PI!IIALT!ES" Til FRO\IlllE CMl PENALTIES IN Atlll!T!OW TO EX!Slllffi IION-&RIMIIIAL IM"'lACTIOW !'!l'W.TIES ron THE l/IOIMIDN Of cmTAIN PR011!SIDNS IN CIIAI'TEII 70, AIITIIJI.E II, OOIISIOI\111; PROVIO!Nii ron IIEPEALE!l; SEVEIIAB!I.m'; COO!ACAT!Ol'l; Al\10 All EFIET!l/E !:lATE. Inquiries mey ile dimcted to lhe PuNic Works De;mrtnwnt {305) 673-7000, INTERESTED PMTIES are invited to lljlpear at this meeting, or be represented by Magent, or 1n express ~heir views in writing !ldriresaad 11llhe City Commission, c!c the City C!erk, 1700 CoiWMtion Gelller Oriwl, lst Floor, City Hall, Miami Beach, Florida 33139. Copies llf these items anH!vailaNe l'nt' public inspeclinr during normal business hours in the CityCierk'sOifice, 1700 \Alllvenlinr Genter Driw, 1st Floor, City Hall, Miami Beam, Rodda 33139. This IThlcting mav he continued, and under such circLmstrmces !lddruorl!l leglll notice will not be priWided. Rafael E. Granado, City C1erk City of Miami Beach l'ursnant lo Sectioo 286.0105, Fla. Stat, the C:ty hereJy advises !he public thai: it a person decides to appeal any decision made by the CHy Comrniss;on with teSj)e(,t !o any matter ooooderad a! its meeting or its hearing, such person must enoore !llat a vorbatirn r~Word a! tim prrx:e!ldings is made, which reoor!l includes the testimooy ood evidence upon which the apPl!lllls to be based. Thlsootice does not constitute oonsent by the City mrthe intmdoctioo or adm:ssioo o1 ottmrwme inoomiSsinle or irrelevant evioenoo, nor dOOll it authorize challenges or appeals not othe<Wise allowec by law. To request this material in accaasible format, sign language in!erprotem, inlormauoo on aooese for persons wl!h dicebiliUes, ardfm any accommodation In roview ooy dr!cumant or perticlpate in any City-sponsored proceeding, pleaoo contact liS five days in advance at (305) 673-7411\voice) or TlY ~ooro omy nloo call tile Florida Relay Serv'ce at 711, Ad#752 252 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 82-Section 504 of the Miami Beach City Code entitled "Monuments or Memorials," as recommended by the members of the Neighborhoods/Community Affairs Committee (NCAC) and approved by the n first readi the March 21, 2012 · Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 75% of residents and 68% of businesses rated Miami Beach city government as excellent or good in meeting their needs and ds/Community Affa SECOND READING/ PUBLIC HEARING OPENED AND CONTINUED FROM MAY 9, 2012 ~At the January 11, 2011, the NCAC meeting concern as to the increased number of requests for memorial plaques was expressed and members asked that additional guidelines be developed for authorizing future requests. The Committee approved a moratorium on naming requests until draft guidelines were developed and returned for the NCAC review and approval. There have been a number of discussions and Commission actions related to the establishment of guidelines for monuments and memorials since the initial discussion These include but are not limited to; December 8, 1011-NCAC discussion/recommendations to further manage the monuments and memorials process. These recommendations were accepted by the City Commission on February 8, 2012. March 21, 2012-An ordinance amendment was presented and adopted on First Reading, but was referred back to the NCAC for further discussion (between first and second reading.) March 27, 2012-The NCAC discussed the proposed Ordinance and recommended that it be brought back to the full Commission for second and final reading, with modifications. May 9, 2012-the item was presented for Second Reading and Public Hearing. A discussion was held and a motion made to open and continue the item, referred it back to NCAC with the same scope and bring It back to the July 18, 2012 Commission meeting. July 18, 2012-Commission action-item opened and continued. July 30, 2011-NCAC meeting -ACTION: The Committee directed the Administration to come beck to the Neighborhood/Community Affairs Committee in September by consensus, with language regarding maintenance and to include the requirement for the identification of the costs in a proposed monument or memorial. action was presented to the full City Commission at the September 12, 2012 meeting). September 12, 2011-Commission action -Item opened and continued. October 15, 2012-NCAC held a discussion and unanimously approved the proposed amendment(s) to the City's Naming Ordinance as presented in the attached draft ordinance. The Administration recommends the public hearing be held and the proposed Ordinance amending Chapter 82 - Section 504 of the Miami Beach City Code entitled "Monuments or Memorials," as recommended by the members of borhoods/Communit Affairs Com CAC be ado ted. Financial Information: Source of Funds: lA IBE Amount H 253 Account AGENDA ITEM--~- OA TE ..-W----'::::..L----'""" .. Ml MIBE City of Miami hath, 1700 Convention Center Drive, Miami Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: October 24, 2012 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82@504, ENTITLED "MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO PROVIDE THAT: A) ONLY THE MAYOR OR A MEMBER OF THE CITY COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY COMMISSIONERS SHAll EACH BE LIMITED TO PROPOSING THE ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM OF ELECTED OFFICE; C) ANY PERSON TO BE RECOGNIZED BY THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE COMMUNITY AND IF, AFTER THE HONOR IS BESTOWED, THE PERSON IS CONVICTED OR ADJUDICATED GUll TY OF A FELONY, THE NAME OF THE PERSON SHALL BE REMOVED FROM SUCH MONUMENT OR MEMORIAL OR THE MONUMENT OR MEMORIAL ITSELF MAY BE REMOVED, WITHOUT ANY RESULTING LIABILITY TO THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The proposed amendment to the City's Naming Ordinance that incorporates the recommendations and motions of the Neighborhood/Community Affairs Committee's at the Committee's meetings held on January 11th and December 81h of 2011 and March 27tn and July, 30th of 2012 is presented for second reading and public hearing following the most current discussion and recommendation of the issue at the Neighborhoods/Community Affairs Committee (NCAC) at the October 15, 2012 meeting and approval on first reading by the Mayor and City Commission at its March 21,2012 meeting. KEY INTENDED OUTCOME SUPPORTED Increase Community Satisfaction with City Government. BACKGROUND At the January 11, 2011, the Neighborhood/Community Affairs Committee held a discussion concerning the approval of a memorial in honor of a Miami Beach resident to be located on lincoln Road. 254 Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials- Second Reading I Public Hearing October 24, 2012 City Commission Meeting While discussing the memorial issue the members also expressed concern as to the increase of requests for memorial plaques over the past several months and felt the current process would be well served to have additional procedures developed to serve as guidelines in authorizing future requests for memorial plaques. At the conclusion of the discussion the Neighborhood/Community Affairs Committee, as a part of the motion approving the memorial under discussion, approved a moratorium on naming requests until draft guidelines to these requests were developed by the Administration and returned to the Committee for its review, discussion, and if approved referred to the full Commission for action. ANALYSIS Based on the discussion held at the January 11, 2011 Neighborhood/Community Affairs Committee, relevant information from our City Code and the review of other communities' standards, the Administration referred for discussion on March 11, 2011 to the Neighborhood/ Community Affairs Committee "Potential Policies for the Nomination/Number of Monument or Memorial Plaques." The item was heard at the Committee's December 8, 2011 meeting. At the conclusion of the extended discussion, which included both the Committee members and resident input, the following action was taken, ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present) recommended the following to the Commission: With a vote of two to one, with Commissioner Gongora dissenting: • Limit the Mayor and each Commissioner to one (1) monument/memorial recommendation per term of elected office. • In the event the request comes from a third party, then the cost and maintenance is the requestor's responsibility. • Add language to allow for the financial responsibility of the third-party requestor to be waived with a 6/7 vote of the City Commission. With a unanimous vote: • Include recommended wording that the individual be in good standing and if convicted/adjudicated of a felony, their name shall be removed. • Administration to add whatever language is necessary for administrative cleanup. • Streamline the process for handling monuments/memorials as recommended. o Recommendations for monuments or memorials are referred by the sponsoring commissioner to the appropriate Commission committee. o If the committee approves (with the required majority) the placement of a memorial plaque, that recommendation is forwarded to the full City Commission to set a public hearing. o If the committee approves a monument or a memorial that is not a plaque (e.g. a site, bust. sculpture, structure, art work), the recommendation is forwarded to the Art in Public Places Committee (AiPP) for their review and recommendation as to location, aesthetic quality, maintenance, and other related issues (in accordance with their criteria); the AiPP recommendation is subsequently forwarded to the full City Commission to set a public hearing. o At the close of the public hearing, the City Commission may approve (or disapprove of) the establishment of the monument or memorial, subject to consistency with the criteria established in the Code. 255 Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities end Naming of Monuments and Memorials- Second Reading I Public Hearing October 24, 2012 City Commission Meeting • Monuments/memorials must comply with ail established City Policies, procedures, standards and guidelines. The above action was subsequently presented to the City Commission at the February 8, 2012, meeting in agenda item C6A -1) Report Of The Neighborhood/Community Affairs Committee Meeting On December 8, 2011. On March 21, 2012, as directed, the Administration prepared the proposed ordinance amendment to the City of Miami Beach Code, Chapter 82, entitled "Public Property" by amending Article VI entitled "Naming Of Public Facilities and Establishment of Monuments or Memorials" by amending Section 82-504 entitled "Monuments or Memorials" as recommended by the Neighborhood/Community Affairs Committee at the December 8, 2011 meeting and presented it on first reading to the Mayor and City Commission. At that time the City Commission adopted the Ordinance on first reading, but referred it back to the Neighborhoods/Community Affairs Committee for further discussion (between first and second reading of the Ordinance.) On March 27, the Neighborhood/Community Affairs Committee meeting a discussion of the proposed Ordinance was held and it was recommended that it be brought back to the City Commission for second and final reading, with the following modifications: a} that proposals for the establishment of a monument or memorial may only be proposed by (or through) a member of the City Commission; b) that the additional condition, requiring that the "requesting party" for the establishment of a monument or memorial be responsible for all costs associated with the design, fabrication, installation, and on-going maintenance of the proposed monument and memorial, be deleted. Accordingly, the Administration has incorporated the Committee's recommended changes, as set forth in the above recommendation, for consideration on adoption of the Ordinance on second and final reading. At the May 9, 2012 City Commission meeting the title of the ordinance was read into the record and the public hearing was held. Following the public hearing and City Commission discussion a motion was made by Vice-Mayor Libbin to open and continue the item and refer the item to the Neighborhood/Community Affairs Committee keeping the scope the same and to bring back to Commission at the July 18, 2012 meeting. Due to the cancellation of the June 26, 2012 Neighborhood/Community Affairs Committee meeting and the next scheduled NCAC meeting was not until July 30, 201 the City Commission opened and continued the second reading public hearing of the proposed Ordinance Amendment at the September 12, 2012 meeting. At the July 30, 2012 Neighborhood/Community Affairs Committee meeting a discussion regarding potential policies for the nomination/number of Monuments or Memorial Plaques was held. The primary points of the discussion focused on the care that must be used when naming something when public funds are being used; not recognizing someone who is a convicted felon and the ability to remove the name if the person is convicted after the naming; and who should be accountable for the cost to maintain the monument or memorial once it was approved by the City Commission. 256 Ordinance Amendment To Chapter 82-Article VI-Naming Of Public facilities and Naming of Monuments end Memorials- Second Reading I Public Hearing October 24., 2012 City Commission Meeting At the conclusion of the discussion the Committee (Commissioners Tobin, Ubbin and Exposito present) directed the Administration to come back to the Neighborhood/Community Affairs Committee in September by consensus, with language regarding maintenance and to include the requirement for the identification of the costs in a proposed monument or memoriaL (This action was reported to the full City Commission at the September 12, 2012 meeting). In response to this action the City Attorney's Office prepare the attached updated draft ordinance that was modified to address the Committee's directive to include language regarding maintenance and to include the requirement for the identification of the costs in a proposed monument or memorial. More specifically, these modifications can be found in the "Whereas" clauses underlined on page 2, and in Section 2 (c) as well as Sections (5) and (8) the attached updated draft ordinance. The monuments and memorials amendment comm1ss1on item (R5B) was included in the September 12, 2012 agenda where it was opened and continued pending further review by the NCAC. The revised ordinance amendment was included in the NCAC September 24, 2012 agenda but was deferred. On October 15, 2012, the NCAC held a discussion of the draft proposed Naming Ordinance that included the Committee's recommendations. At the conclusion of the discussion the Committee members unanimously approved the proposed amendment(s) to the City's Naming Ordinance as presented in the attached draft ordinance. CONCLUSION This proposed amendment to the City's Naming Ordinance has been discussed on a number of occasions by both the Neighborhood/Community Affairs Committee and the full City Commission. On March 21, 2012, the proposed ordinance amendment to the City of Miami Beach Code, Chapter 82, entitled "Public Property" by amending Article VI entitled "Naming Of Public Facilities and Establishment of Monuments or Memorials" by amending Section 82-504 entitled "Monuments or Memorials" as recommended by the Neighborhood/Community Affairs Committee at the December 8, 2011, was approved by the Mayor and City Commission on first reading. At the May 9, 2012 City Commission meeting the item was presented for second reading and public hearing. At that time the matter was opened and continued pending further discussion by the NCAC. The item was also opened and continued at the subsequent City Commission meetings. Based on the Neighborhood/Community Affairs Committee's approval at the meeting of October 15, 201 the proposed amendment to the City's Naming Ordinance is now being presented for further consideration and final approval. KGB/MAS/RA/KS T:\AGENDA\2012\10-24-12\Com_ Memo -Monuments or Memorials Ordinance Amendment 2nd rdg-i0-24-12.doc 257 ORDINANCE NO.----- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-504, ENTITLED "MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO PROVIDE THAT: A) ONLY THE MAYOR OR A MEMBER OF THE CITY COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY COMMISSIONERS SHALL EACH BE LIMITED TO PROPOSING THE ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM OF ELECTED OFFICE; C) ANY PERSON TO BE RECOGNIZED BY THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE COMMUNITY AND IF, AFTER THE HONOR IS BESTOWED, THE PERSON IS CONVICTED OR ADJUDICATED GUILTY OF A FELONY, THE NAME OF THE PERSON SHALL BE REMOVED FROM SUCH MONUMENT OR MEMORIAL OR THE MONUMENT OR MEMORIAL ITSELF MAY BE REMOVED, WITHOUT ANY RESULTING LIABILITY TO THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, at its January 11, 2011 meeting, the Neighborhoods/Community Affairs Committee (the Committee) held a discussion concerning the approval of a memorial in honor of a Miami Beach resident, to be located on Lincoln Road; and WHEREAS, while discussing the aforestated issue, the members expressed concern as to the increase in requests for establishment of monuments and memorials, and that the current process would be well served by having additional procedures developed to serve as guidelines in authorizing future requests for the establishment of monuments and memorials; and WHEREAS, as a part of its motion approving the memorial for the Miami Beach resident, the Committee also recommended establishing a moratorium on future requests (for the establishment of monuments and memorial), until guidelines to limit these requests could be developed by the Administration and returned to the Committee for review and, if approved, referred to the full City Commission for action; and WHEREAS, as directed, the Administration prepared a subsequent referral to the Committee of proposed guidelines for the establishment of monuments or memorials; this issue was discussed at the December 8, 2011, Committee meeting; and WHEREAS, at the conclusion of the discussion, which included input from both the Committee members and residents present, the Committee recommended the following: a) that the Mayor and each City Commissioner be limited to proposing the establishment of one (1) monument or memorial per term of elected office; b) in the event of a request for the establishment of a monument or memorial by a 258 third party(ies), that the cost and maintenance for the monument or memorial (if approved) be the requesting party's(ies') responsibility; c) allowing for waiver of the requesting party's(ies') obligations in subsection (b) above, by 6/7ths vote of the City Commission, following a duly noticed public hearing; d) that individuals being honored with the establishment of a monument or memorial be in good standing in the community at the time of approval and, if subsequently convicted or adjudicated of a felony, that such individual's name, or the monument or memorial itself, be removed; and WHEREAS, the aforestated Committee recommendations were subsequently presented to the City Commission at its March 21, 2012, Meeting, as an ordinance amending the City's Naming Ordinance (said amendment hereinafter referred to as the "Ordinance"); and WHEREAS, the City Commission adopted the Ordinance on first reading, but referred it back to the Neighborhoods/Community Affairs Committee for further discussion (between first and second reading of the Ordinance); and WHEREAS, the Committee discussed the proposed Ordinance at its meeting on March 27, 2012, and recommended that it be brought back to the City Commission for second and final reading, with the following modifications: a) that proposals for the establishment of a monument or memorial may only be proposed by (or through) a member of the City Commission; b) that the additional condition, requiring that the "requesting party" for the establishment of a monument or memoria! be responsible for all costs associated with the design, fabrication, installation, and on-going maintenance of the proposed monument and memorial, be deleted; and WHEREAS, accordingly, the Administration has incorporated the Committee's recommended changes, as set forth below, for consideration on adoption of the Ordinance on second and final reading. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FlORIDA, AS FOLLOWS: SECTION 1. That Chapter 82, Article VI, Section 82-504 of the Miami Beach City Code is hereby amended as follows: Sec. 82~504. Monuments or memorials. (a) Whenever there is a proposal to establish a monument or memorial on public property in the city, it first be considered and reviewed by the committee according to the following procedures: (1) Any person, organization, association, corporation, or other entity, including a member of the city commission, or the administration of the city, Only the mayor or a member of the city commission may propose the establishment of a monument or memorial" at any time by Such proposal shall be submitted (by the 259 mayor or individual city commiSSioner sponsoring the subject proposal)~ proposal in writing to the city manager, who shall place the proposal on a city commission meeting agenda within a reasonable time after receiving same. The proposal shall be placed as a request for referral to the committee; which request for referral shall first be approved by the city commission. ill Tho establishment of a monument or memorial shall also be subject to the following requirements: §!l Tho mayor and each city commissioner shall be limited to proposing the establishment of one (1) monument or memorial per their respective term of elected office. Q.l Any person to be recognized by the establishment of a monument or memorial must be in good standing in the community at the time of final approval of same by the city commission and if, after the establishment of such monument or memorial, the person is subsequently convicted or adjudicated guilty of a felony, the name of the person shall be removed from said monument or memorial or, at the city commission's sole option and discretion, tho monument or memorial itself may be removed. In either case, neither the city, nor any of its officers, employees, contractors, or agents, shall have any liability to the person recognized by the monument or memorial {including, without limitation. if such person is deceased, his/her heirs, relatives, successors, or assigns), and/or any other party{ies), for any costs or claims resulting from such action and including, without limitation, reimbursement of any costs incurred for design, fabrication, installation, and/or maintenance of the monument or memorial. (2) Provided the referral to the committee (of the proposal to establish the monument or memorial) is approved by the city commission pursuant to subsection (a)(1) hereof then, Wwithin a reasonable time after receipt of the proposal, the committee shall meet to consider and review same. Notice of the meeting shall tie given to all persons and/or entities VJ!ho have preposed ttle establistlment ef the monument or memoriaL (3) After reviewing the proposal for the establishment of a monument or memorial ffi accordance with ---its-established---selectien-----Grft-efia, the committee may recommend, by majority vote. approval of the proposal, in which case such proposal shall be transmitted, with the committee's recommendation. as follows: the committee shall transmit a written recemmendation to ttle city commission regarding same . .{§2 If the committee recommends approval of a monument or memorial that only requires the placement of a commemorative plague, the proposal and tho committee's recommendation shall be transmitted directly to the city commission. 260 (b) If the committee recommends approval of a monument or memorial that requires the design, fabrication, installation, and maintenance of a monument or memorial other than a plaque (including without limitation, a site, bust, sculpture, structure, or art work), then the proposal and the committee's recommendation shall first be transmitted to the Art in Public Places Committee (AiPP), for its review as to location, aesthetic quality, maintenance, and other related issues. The AIPP's recommendation, which shall only be advisory, shall be transmitted to the city commission, along with the committee's recommendation, prior to its consideration for final approval for establishment of the proposed monument or memorial. The city commission may only consider a proposal to establish a monument or memorial that has been ill recommended for approval by a majority of the members of the committee; and, if required under subsection (3){b} hereof, (ii) reviewed by the AiPP in accordance with the criteria established in subsection (5)(b) hereof; and further (iii) that includes a written analysis by the city administration, which shall be transmitted to the city commission as part of the commission agenda item for consideration of final approval, of the estimated costs for the design, fabrication, installation, and ongoing maintenance of the proposed monument or memorial. (t)) Within a reasonable time after receiving the recommendation for the establishment of a menYment or memorial from the committee,the city commission shall call a public hearing. (6.Q) The city commission shail hold a public hearing to hear public comment, prior to final approval for the establishment of a proposed monument or memorial. Notice of the public hearing regarding the establishment of the monument or memorial shall be published at least ten {10) days prior to the hearing in a newspaper of general circulation in the (+§) At the close of the public hearing, the city commission may approve the establishment of the monument or memorial.:_ In approving the establishment, the commission shall be governed by its established selection criteria. Additionally, aAny proposal to establish a monument or memorial must be approved by a 5/7ths vote of the city commissioni"' .(81 Upon approval of the establishment of the monumeRt er memorial, the city cemmission shall fervtard the proposal to the art in public places committee. The art iR public places cemmittee wm then make its recemmeRdation to the city commission regarding the lecation, aesthetic quality, mainten<mce, and other related issues, in accordance 'l.'ith the its established criteria. SECTION 2. REPEAlER All ordinances or parts of ordinances in conflict herewith be and the same are herby repealed. 261 SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the __ day of _______ , 2012. PASSED and ADOPTED this __ day of------' 2012. ATTEST: MA TTl HERRERA BOWER, MAYOR RAFAEL E. GRANADO, CITY CLERK Underline denotes additions and strike through denotes deletions APPROVED AS TO FORM & LANGUAGE & Fn~ EXECUTION F:\ATTO\AGUR\RESOS-ORD\Monuments Memorials Ordinance-Amendment (Final4-3-12).doc T:\AGENDA\2012\5-9-12\Monuments Memorials Ordinance-Amendment (Final 4-3-12).doc 262 Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The Miami Beach City Code By Amending Chapter 90, Entitled "Solid Waste~ By Amending Article IV, Entitled 'Private Waste Contractors," By Amending Division 3, Entitled "Frenchise; By Amending Section 90-230 Entitled "Term Of Franchise Agreements; Initial Term; Renewal Term," To Provide That Prior To The Expiration Of The Initial Term Of A Franchise Agreement, The City Commission May Agree To Amend The Renewal Term Of An Existing Franchise Agreement, Under Certain Circumstances, For Up To An Additional Three Year Renewal Term; And Providing For Repealer, Severability, Codification, And An Effective Date. Issue: At the May 9, 2012 Commission Meeting, the City Administration recommended that the City Commission evaluate the additional public benefits and/or contributions proposed by the existing three (3) solid waste franchise contractors, and the conditions for receipt of such benefits, and determine an acceptable course of action. Per Resolution No. 2012-27904, the City Commission approved not proceed to issue the RFQ for the fourth solid waste franchise contractor, and agree to maintain the number of franchise contractors at three (3), to accept exercising the renewal of the existing contract for one-year only to expire September 30, 2015. In consideration thereof, the solid waste franchise contractors agreed to provide $390,000 per year starting immediately, plus $25,000 dedicated for environmental programs (ECOMB) through the life of the extension, in addition to what is already being contributed. The exisiting agreements have an initial five (5) year term that expires on September 30, 2014. The action taken was to extend the contract an additional year prior to the expiration of the contract. In order for the City to exercise an early renewal of the franchise agreements, the City Commission would also have to amend Section 90-230 of the City Code, which currently only allows for the renewal of a franchise agreement upon expiration of the initial term. Additionally, the additional public benefits and other considerations in the "best and finar offers would require an amendment to the existing Service Agreement between the City and the franchise contractors. At the September 12, 2012 Commission Meeting, the City Commission approved the Ordinance on First Reading as amended. A Second Reading and Public Hearing is scheduled for October 24, 2012. THE CITY ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE AMENDMENT ON SECOND READING PUBLIC HEARING. At the September 12, 2012 City Commission Meeting, the City Administration approved the · Ordinance on First Readin as amended. Financial Information: Source of Account funds: OBPI Financial Impact Summary: H 263 AGENDA ITEM_.:..!..,;:..,.-,...,..--- DATE ___::...:;__,;,__,j...__;,...;;;· City of Miami Beach, 1 700 Convention Center Drive, Miami Florida 33139, COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of th Commission FROM: Kathie G. Brooks, Acting City DATE: October 24, 2012 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FlORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 90, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED "PRIVATE WASTE CONTRACTORS," BY AMENDING DIVISION 3, ENTITLED "FRANCHISE," BY AMENDING SECTION 90-230 ENTITLED "TERM OF FRANCHISE AGREEMENTS; INITIAL TERM; RENEWAL TERM," TO PROVIDE THAT PRIOR TO THE EXPIRATION OF THE INITIAL TERM OF A FRANCHISE AGREEMENT, THE CITY COMMISSION MAY AGREE TO AMEND THE RENEWAL TERM OF AN EXISTING FRANCHISE AGREEMENT, UNDER CERTAIN CIRCUMSTANCES, FOR UP TO AN ADDITIONAL THREE YEAR RENEWAL TERM; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The City Administration recommends approving the Ordinance amendment on Second Reading Public Hearing. BACKGROUND The City currently has three (3) contracts for solid waste/recycling collection and disposal with Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services of Miami which all expire September 30, 2014. The existing contractors provide in-kind and cash benefits to the City in the amount of $1 8, 750 over a five (5) year period, or $323,750 per year. At the July 13, 2011 Commission Meeting, the City Administration requested approval to issue a Request For Qualifications (RFQ) for a fourth solid waste franchise contractor to provide residential and commercial solid waste collection and disposal services. This request was made after one of the existing four (4) solid waste franchise contractors, General Hauling Services, Inc., was acquired by Waste Services, Inc., leaving the City three (3) solid waste franchise contractors. The Commission referred the item to the Finance and Citywide Projects Committee (F&CWPC). 264 October 24, 2012 City Commission Memo Waste Hauler Franchise Agreement Page 2of2 At the January 19, 2012 F&CWPC meeting, following discussion on whether to issue the RFQ, the Committee recommended that it be brought back to the Committee at the same time as the City's proposed Recycling Ordinance. The three existing franchise contractors have requested that an RFQ not be issued. The item was discussed again at the April 19, 2012 F&CWPC meeting, and the recommendation was to bring the discussion to the full City Commission to determine whether or not to issue the RFQ or accept additional public benefits from the contractors in exchange for keeping it to the three (3) existing contractors. At the May 9, 2012 Commission Meeting, Resolution No. 2012-27904 was adopted as amended. A motion was made "to accept exercising the renewal/extension option for one-year only until September 2015, in consideration that the firms will provide $390,000 per year starting immediately, plus $25,000 dedicated for environmental programs (ECOMB) through the life of this extension, in addition to what is already being contributed." It was noted that, in order for the City to exercise an early renewal of the franchise agreements, the City Commission would also have to amend Section 90-230{b) of the City Code, which currently only allows for the renewal of a franchise agreement upon expiration of the initial term. At the September 12, 2012 Commission Meeting, the City Commission approved the Ordinance amendment on First Reading. A Second Reading and Public Hearing is scheduled for October 24,2012. ANALYSIS After reviewing the existing ordinance regarding extending contracts for the solid waste franchise contractors, it was determined that the ordinance needed to be amended to effectuate the vote taken by the City Commission. CONCLUSION The City Administration recommends approving the Ordinance amendment on Second Reading Public Hearing. JGG/FHB/JJF T:\AGENDA\2012\10-24-12\Waste Hauler Franchise Agreement MEMO.docx 265 ORDINANCE NO. ----- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 90, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED "PRIVATE WASTE CONTRACTORS," BY AMENDING DIVISION 3, ENTITLED "FRANCHISE," BY AMENDING SECTION 90*230 ENTITLED "TERM OF FRANCHISE AGREEMENTS; INITIAL TERM; RENEWAL TERM," TO PROVIDE THAT PRIOR TO THE EXPIRATION OF THE INITIAL TERM OF A FRANCHISE AGREEMENT, THE CITY COMMISSION MAY AGREE TO RENEW THE TERM OF AN EXISTING FRANCHISE AGREEMENT, FOR UP TO AN ADDITIONAL THREE YEAR (3) RENEWAL TERM; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: SECTION 1. That Chapter Article 3, Section 90-230 of the Beach City Code is hereby amended as follows: Chapter 90. SOLID WASTE * * * Article IV. PRIVATE WASTE CONTRACTORS * * * Division 3. Franchise * * * Effective May 1, 2010, franchise agreements shall have an initial term five years. As to those certain franchise between the city and franchise waste contractors in effect as May 1, 2010, but having an initial three-year term which commenced on October 1, said initial term shall be extended of October i , three to five years (with the five-year term commencing 266 as At the expiration of the initial term of a agreement,er earlier revocatio~ef thefranehlse, the city commission may choose, in its sole discretion, to accept applications for new franchise waste or, in the alternative, to renew an existing franchise agreement for an additional three-year renewal term. SECTION 2. CODIFICATION It is intention of the Mayor and City Commission of City of Miami Beach, and it is hereby ordained that the provisions of ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article" or other appropriate word. SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith are and the same are hereby SECTION 4. SEVERABILITY If any section, subsection, sentence, clause, phrase or of this Ordinance for reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the portions of this Ordinance. SECTION 5. EFFECTIVE DATE This Ordinance shall effect on the _____ day of----------~ 2. PASSED and ADOPTED ___ day of ____ , 2012. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL E. GRANADO, CITY CLERK F:\WORK\$ALL\(1) Etv1PLOYEE FOLDERS\JAY 267 14NE OCTOBER 11, 2012 AC CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS that a public Florida, in the Chambers, 3rd Floor. October 24, 2012, to consider the following: 11:15 a,m, Ordinance Amending The Miami Beach Entited "Private Waste Contractors." By the Mayor and City Commission of the Ci~y of Miami Beach. Center Drive, Miami Beach. Florida. on Wednesday, ''Term Of Franchise _Agreements: Term: Renewa' T:; Entitled F"'"''n'tir'n Of The initial Term Of Agreement, For Up To An A Franchise Agreement, The C1ty fviay Agree To Renew Term Of An Existing Additional T1ree ;3) Renewal Term. Inquiries may be directed to the Public Works Department (305) 673·7080, I~JTERESTED PARTIES are invited to appear at th,s meeting, or be represented by an or to their views in addressed to the City Commission, c/o thB City c~erk, i 700 Convention Center Drive, st Floor, M;ami Beach, 33' 39. of these items are available for inspection normal bus. ness hours in Citv Clerk's Office, 700 Convention Drive, 1st F!oor, Hall, Beach, Florida 39, This meeting may be continued, and under E;UCh circumstances additional legal r£Jtice not be provided. Rafael E. Granedo, City Clerk City of Miami Beach Pursuant to Section 286.0' 05, Fla. Stat, the City hereby adv;ses the public that if a decides to appeal eny decision made the City Commission with respect to any matter considered at its meeting or its such must ensure that a record o' the proceedings is made, which record includes the and evidence upon the is to be based. This notice does not constitute consent by the City for the introduction or of otherwise or irrelevant evidence, nor does it authorize challenges or not othervvise allowed by law. To request this material in accessible format, sign or any accommodatio'1 to rev>ew document or advance at (305) 6 73--7 4 ~ 1 (vo1ce) or Ad #747 interpreters, information on access for persons with disabilities, and/ 268 Citv--<mGlPSOfEid proceeding, please contact us five days in Service at 71 i. COMMISSION ITEM SUMMARY Condensed Title: increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, nearly six out of ten residents (57%) rated management of special events as excellent or good, yet this figure is down from 70% in 2009. Residents of South Beach/Bella Isle and Mid Beach were more critical of management of special events. Six in ten business owners (59%) gave the City high marks for management of special events that attract large numbers of people, this figure was down considerably from 2009 (74%). South Beach business owners were most > > The Administration has been drafting amendments to the Special Event Guidelines and Ordinance since late 2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. The NCAC met on February 3, 2011, and recommended additional changes to both the Ordinance and guidelines. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2014 The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities such as New York, Chicago and Los Angeles, and drafted additional amendments to both the Ordinance and guidelines. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after being vetted at a public meeting, The proposed amendments were subsequently presented to the Community on February i 0, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. The Ordinance was approved on first reading on April 11, 2012, The subject was then referred to the Neighborhood and Community Affairs Committee at the May 9, 2012 Commission meeting. This NCAC met on July 30, 2012 NCAC and recommended in favor ofthe proposed amendments. The City Code currently requires applicants to present their special event plans to the neighborhood association corresponding to the geographic area of the event However, The Tourism and Cultural Development Department has subsequently instituted a recurring monthly special event community review meeting where all members of the public are invited to participate. This meeting has become a reliable forum for the community to receive the required information from applicants and for the City to receive feedback from the community. Therefore, the Administration has drafted an amendment to this section of the Code that requires participation in the monthly special event community review meeting and may also require review by the corresponding neighborhood association. Additionally, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Special Event Ordinance is another section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued and still ensures that the violator is still afforded due process. This change is also reflected in the attached amendment Adviso Board Recommendation: rhoods and Affairs Committee reviewed the most recent draft of to t their January 30, 2012 meeting, and unanimously moved to take these amendments to the City ~~"m"'""c''""' ublic meetin . The NCAC also discussed this item on Jul 30, 2012 NCAC meetin and recommended in fa Financial Information· . Source of Furu::ls: Amount Account Approved ----·········-· 1 Total = Financial Impact Summary: N/A Department Director ger I AMI BE H AGENDA ITEM OA TE ___,~.::......::;__j:.....:..= 269 IBE City of Miami Bead1, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Matti H. Bower and Members of FROM: Kathie G. Brooks, Interim City Manager DATE: October 24, 2012 SECOND READING PUBliC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE II THEREOF, ENTITLED "SPECIAL EVENTS," BY AMENDING SECTION 12~5, "SPECIAL EVENTS PERMITS" TO PROVIDE CLARIFICATION TO SPECIAL EVENT APPliCANTS UNDER PROVISION (5); BY PROVIDING ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF SECTION 12~5 AS SET FORTH IN PROVISION (9); AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOMES SUPPORTED Increase community ratings of cultural activities. BACKGROUND The City of Miami Beach has become the location of choice for a number of activities and special events in South Florida. The Tourism and Cultural Development (TCD) Department coordinates the permitting of special events, including review by the appropriate neighborhood association, in an effort to complement the ambience and aesthetics of the area in which the events are presented. TCD supports events on public property and other properties where the proposed event requires a Special Event Permit, and Is responsible for assisting producers with special events guidelines and permit requirements and the issuance of Special Events Permits. In addition, TCD staff serves as liaison between local and regional associations and agencies in addressing the delivery of city services, and assists neighborhood associations with maintenance of events criteria. A City of Miami Beach Permit is required for special events, which are defined as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review. Applications are processed on a "first come, first served" basis unless otherwise provided for under the booking policy. Applicants must provide 60 days notice for public use and 30 days notice for private use. The special event process is a review and approval process in which aspects of an event are coordinated through internal, neighborhood and permitting reviews. In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special event in the City of Miami Beach. The Special Events Requirements and Guidelines ("Special Event Guidelines") were designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring minimal disruption to the impacted, surrounding environment. In 1995, via Resolution No. 95-21684, several revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of issues associated with the production special events. In 1998, via Resolution No. 98-23003, the guidelines were amended to incorporate direction received from neighborhood associations, property owners and citizen groups. Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 were adopted by the City Commission, which codified the Special Event permit process and adopted separate 270 Page 2 of6 October 24, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Healing guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami Beach. In July 2005, additional amendments were made to the City Code and to the Special Events Guidelines relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood review and fines associated with the special event permit In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant to direction from the Finance and Citywide Projects Committee. To generating additional revenue for the City, a permit process for promotional hand-to-hand giveaways, which were unregulated by the City and took place regularly throughout the City without a permit, was created. These giveaways range from food (e.g. yogurt, protein bars, chips, etc.), to drinks (e.g. sodas, energy drinks, etc.), to products (e.g. sunscreen, chapstick, t-shirts, CO's, etc.). The Amendment to the Special Event Requirements and Guidelines was approved on September 1 2008 by the City Commission and became effective October 1, 2008. ANALYSIS The Administration has been drafting amendments to the Speciat Event Ordinance and Guidelines since late 2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. Subsequently, concerns were raised with issues that occurred during the F unkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department has researched special event programs in other major cities, such as New York, Chicago and Los Angeles, and drafted additional amendments. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee (NCAC) reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimousty moved to take these amendments to the City Commission after they are vetted at a public meeting. The Administration subsequently presented the proposed amendments to the Community during the monthly Special Event Community Review Meetings held on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. The Ordinance was approved on first reading on April 11, 2012. The subject was then referred to the Neighborhood and Community Affairs Committee at the May 9, 2012 City Commission meeting. This NCAC met on July 30, 2012 NCAC and recommended in favor of the proposed amendments. PROPOSED ORDINANCE AMENDMENTS The City Code currently requires applicants to present their special event plans to the neighborhood association corresponding to the geographic area of the event However, The Tourism and Cultural Development Department has subsequently instituted a recurring monthly special event community review meeting where all members ofthe public are invited to participate. The Tourism and Cultural Development Department has also created an opt-in email list to notice the community of the monthly meetings and agenda, as well as all approved permits. This meeting has become a reliable meeting for the community to receive the required information from applicants and for the City to receive feedback from the community. Therefore, the Administration has proposed amending the Special Events Ordinance as follows: A) Requirement to attend community meeting (Section 5) Special event applications applicants are subject required to present their plans for review at tho monthly Special Events Community Review meeting and may also be requested to present for review by the corresponding 271 Page 3of6 October 24, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading end Public Heenng neighborhood association in the neighborhood by, and applicants are required to present their plans to, the neighborhood association(s) corresponding to the geographic area where the event is proposed. In the case of events that expect 200 or more attendees and where there is no legally constituted/recognized association, or in the discretion of the city commission, the city manager or city manager's designee, the matter will may also be referred for review and recommendation to the city planning board. B) Defined penalty/fine provision (Section 9) As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Special Event Ordinance is another section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued. This will ensure that the violator is afforded due process. The following are the proposed amendments to the enforcement and penalty provisions: (91 Enforcement and Penalties. (a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) First offense within a 12 month period a fine of $1,000.00; (2) Second offense within a 12 month period a fine of$2,500.00; and (3) Third offense and subseguent offenses within a 12 month period a fine of $5,000.00. (b) Enforcement. The code enforcement department or the Miami Beach Police Department shall enforce the provisions of this section This shall not preclude other Jaw enforcement agencies or regulatory bodies from anv action to assure compliance with this section and all applicable laws. If a Miami Beach Police Officer or a Code Compliance Officer finds a violation of this section, the Miami Beach Police Officer or the Code Compliance Officer shall issue a Notice of Violation to the violator as provided in chapter 30 of this Code, as may be amended from time to time. The Notice of Violation shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the Violation may be appealed by reguesting an administrative hearing within ten days after service of the Notice of Violation, and that failure to appeal the violation within the ten davs. shall constitute an admission of the violation and a waiver of the right to a hearing. (cl Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. {1) A violator who has been served with a Notice of Violation shall elect either to: a. Pay the civil fine in the manner indicated on the Notice of Violation; or b. Request an administrative hearing before a special master to appeal the Notice of Violation within 10 days of the issuance of the notice of violation. {2) The procedures for aPf:?.eal by administrative hearing of the Notice of Violation shalf be as set forth in sections 30-72 and 30-73. {3) If the named violator, after issuance of the Notice of Violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the Code Compliance Officer or the Miami Beach Police Officer. Failure of the named violator to appeal the decision of the Code Compliance Officer or the Miami Beach Police Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master, and be treated as an admission of the violation, and fines and penalties may be assessed accordingly. 272 Pege4of6 October 24, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Hearing (4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent iurisdiction (5) The Special Master shall adjudicate a violation upon failure to request an administrative hearing with ten (1 0) days of the issuance of the Notice of Violation, and shall be prohibited from hearing the merits of the Notice of Violation or consideration of the timeliness of the request for an administrative hearing. (d) Enhanced penalties. The following enhanced penalties shall be imposed, in addition to any mandatory fines set forth in (9)(a) above. for violations of this Section: ill If the offense is a fourth offense within the preceding 12 month period of time, in addition to the fine set forth in (9)(a), the property owner, event producer or permittee shall be restricted from receiving a Special Event Permit for a three (3) month period of f2l If the offense is a fifth offense within six (6) months following the fourth offense, in addition to any fine set forth in (9)(a), the property owner. event producer or permittee wifl be restricted from receiving a Special Event Permit for a six (6} month period of time. The property owner. event producer or permittee shall be deemed a habitual offender. @ The City Manager may decline to issue future Special Event Permits to such person or entity that have been deemed habitual offenders pursuant to this section for a period of one year, or such other period of time acceptable to the City Manager. PROPOSED-SPECIAl EVENT GUIDELINE AMENDMENTS A companion item is being presented in conjunction with the second reeding/public hearing of the above-noted Special Events Ordinance amendments, to amend the special event guidelines. This amendment follows a review of other major cities' special event procedures, review by the Production Industry Council and a group of event producers. The following are the recommended amendments to the guidelines: A Permit Types: Creates additional special event permits types in order to streamline application processing for smaller, less impactful, special events. Public Property • Reduce the application deadline from sixty (60) days to thirty (30) days for events with a maximum attendance of 150 people and requiring no city services. This change will help streamline the process for small events. • Large more impactful events will remain with a sixty (60) day application deadline as they are more complicated and require more advance planning. Private Property • Reduce the application deadline from thirty (30) days to fifteen (15) days for events taking place on private property and requiring no city services. This streamlines the process for less impacting events on private property, which historically require a shorter turnaround time. (Note: all other events on private property must apply with a minimum of thirty (30) days. B. Security Deposit: In response to concerns that the security deposit was not sufficient enough to cover expenses for larger 273 Page 5 of6 October 24, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Hearing events, the following changes are proposed: • $2,500 for small events up to 150 people • $5,000 for events up to 1500 attendees • $10,000 for events with between 1500 and 5000 attendees • $20,000 + for events with more than 5000 attendees C. Updates the list of Major Event Periods. D. Booking Policy: Adds language to the booking policy allowing an applicant to challenge dates already held by a "first hold" applicant A "first hold" applicant has submitted an application and an application fee, for an event on a certain day or dates at a particular location. If a Second Hold applicant for those held day(s) challenges a First Hold applicant's dates, the First Hold applicant will be required to post a cash bond in the amount equal to the estimated cost of City services (i.e. Security Deposit, Off-duty Police, Off-duty Fire and Sanitation, etc.) within fourteen (14) days of receipt of notice from date/location challenge from the City. Additionally, the Second Hold applicant must post a cash bond in the amount equal to the estimated cost of City services at the time of the date challenge. If the First Hold applicant fails to provide the City with the specified cash bond within 14 days of receipt of notice, tha Second Hold applicant will then have a First Hold on the dates and location .the opportunity to post a oash bond in the amount equal to the estimated cost ef City services fer their event (i.e. Off duty Police, Off duty Fire and Sanitation, etc.) within fourteen (14 days) of receipt of notice from the City. If the Secend Held applicant posts a cash bond with the City \Vithin 14 days, the applicant will have a First Hold on the dates and location. If both parties fail to post a cash bond, the dates and location are released and will be made available on a first-come, first served basis. E. Consecutive Day Clause: Clarifies the Consecutive Day Clause limiting venues to five (5) special event permits per calendar year. F. Art Basel Zone: The establishment of a zone to be bounded by 23rd Street to the north; by lincoln Lane South to the south; by Alton road to the west; and by the Atlantic Ocean to the east, where special event permits for non-Art Basel Miami Beach official events will not be permitted. The effective term and duration of the Art Basel Miami Beach Zone is only intended to run concurrent with the actual ABMB Event dates. The following amendments to the guidelines are recommended to address changes already previously approved by the Commission: G. Wedding Permit Fees: The City Administration implemented a new $125 wedding permit fee as part of the FY 10/11 budget, which was approved by the City Commission on September 20, 2010 via Resolution No. 2010-2751g. The proposed amendment will include this information in the guidelines (Section I.A.III- Weddings and Ceremonies. H. Late Fees: If an application is received later than the specified deadline a late application fee of $250 applies. The intent is to encourage event producers to apply timely. There is also another late fee is applicants have not submitted all required documentation 14 days before the load-in of the event commences. The application is then considered denied and any additional coordination requires a reinstatement fee, commensurate with the event's permit fee: • 0 to 14gg attendees $250 274 Page 6 of6 October 24, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading end Public Hearing 1500 and above attendees $500 These changes to the special event fees were approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519 and were adopted as part of the FY 10/11 budget. The proposed amendment will include this information in the guidelines (Section LAVII-Minimum Requirements; Late Application Fee). L The Administration reviewed the guidelines and determined that the City's Administrative Policy for repeat violators of special event permits should be formally incorporated into the guidelines. They were developed to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for violations of this Section of the City Code (Section Ill). The policy levies additional penalties for event producers who violate the terms of their permit multiple times within the preceding 12 month period of time and restricts the producer from obtaining additional permits for a specified period oftime depending on the number of violations. J. Temporary Sampling: creates a distance separation from existing sidewalk cafes and tightens the definition of "mobile" sampling. The amendments prohibit sampling from moving vehicles and sampling within 20 feet of an approved sidewalk cafe, outdoor cafe, outdoor restaurant, etc. On May 25, 2010, the Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling regulations and recommended revisions to the guidelines. K Adds additional criteria for the Manager's consideration when considering a special event permit for events that feature a public benefit component (Section LBJLe.). L Includes language clarifying that the City is not responsible for any expenses incurred by the applicant (Section LB.!I!.). M. Changes from "weeks" to "days" the requirement for the deadline for payment for City services (Section LD.II) N. Includes clarification language for required verification for light post banners for 501 (c) 3 non-profits (Section II.E.III). 0. Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to beach, park and pedestrian use areas. Currently the pass is intended only for beach use. This change allows proper regulation of safety needs for events that require access to non-beach authorized areas, such as greenspace (Section ILA). P. Another change clarifies waiver provisions for non-profit groups (Section LAVII-Minimum Requirements) and amends the submission date for the Indemnity Agreement and Insurance documents (Section I.AVII- Minimum Requirements, Indemnity Agreement; Insurance Requirements). CONCLUSION The subject was referred to the Neighborhood and Community Affairs Committee at the May 9, 2012 City Commission meeting. This item is scheduled for the July 30, 2012 NCAC meeting. Therefore, the Administration recommends the Mayor and City Commission Open and Continue the item. JMG/HMF/MAS/GW T:\AGENDA\2012\10-24·12\Special Events Ord amendment memo.doc 275 ORDINANCE TO BE SUBMITTED 276 JOSIE SMITH, CITY ATTORNEY OFFICE Of lHIE CITY ATTORNEY TO: Mayor Matti Herrera Bower Members of the City Commission FROM: Jose Smith, City Attar DATE: October 24, 2012 SSION SUBJECT: Amendments to Ordinance No. 1605, the Unclassified Employee Salary Ordinance, Regarding Salary and Compensation Provisions for the City Manager and City Attorney The attached Ordinance was heard on First Reading and referred to Finance and Citywide Projects Committee at the July 18, 2012 City Commission meeting. The Finance and Citywide Projects Committee has not yet considered the Ordinance on an agenda, therefore, this item is recommended to be open and continued so that the Committee may review the Ordinance. JS/DT/mem 277 ORDINANCE NO.------~ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA (THE "ORDINANCE"), BY AMENDING THE SALARY RANGES AND ESTABLISHING COMPENSATION PROVISIONS FOR THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to amend the Unclassified Salary Ordinance to establish certain compensation categories for Manager and City Attorney. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. Ordinance No. 1605, the Unclassified Ordinance, is hereby amended as follows: CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges GRADE MINIMUM 26--m-mmmmmDetefTHined by the City-- Commission MAXIMUM Determined by tl:!e City Commission Grade, Classifications and Compensation for the City Manager and City Attorney Salary CITY MANAGER BASE SALARY: $162,916.00 to $263, 126.00/yr HEALTH, LIFE & OTHER INSURANCE: 1 278 PROFESSIONAL DEVELOPMENT: OTHER BENEFITS: CITY ATTORNEY BASE SALARY/RANGE GRADE SECTION 2. REPEALER. DEFERRED COMPENSATION: HEALTH, LIFE & OTHER INSURANCE: PROFESSIONAL DEVELOPMENT: OTHER BENEFITS: MINIMUM * * * Dues and subscriptions as reasonably necessary Vacation, sick leave. holidays, planning days and similar fringe benefits as other unclassified city $162,916.00 to $263, 126.00/yr As allowed by LRS. City pays premium for term life insurance policy and for hospitalization, surgical and comprehensive medicaL dental and vision insurance Dues and subscriptions as reasonably necessary Vacation, sick leave, holidays, planning days and similar fringe benefits as other unclassified city employees MAXIMUM That ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 2 279 SECTION 4. CODIFICATION. It is the intention of 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 the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the ____ day of _____ , 2012. PASSED and ADOPTED this __ day of--------' 201 ATTEST: Rafael Granado, City Clerk Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\/\TTO\SlvllJ\ORDfNANCES\SALARY ORDJNANCE C!TY MANAGER-CITY i\TTORNEYversion2,docx 3 280 CITY OF MIAMI BEACH -NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, on WEOMSMY, Sepmmlwr '12, 2012 tD consider the following: ~ 11:10a.m. Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled-Boards And Committees," By Creating'oilllsion 33, To Be Enilt!ed "Tennis Advisory Commttree," And By Creating Section 2~100.148 To Create .A Tennis Advisory Committee And Provisions Establlshlng The Committee And Its Powers And Duties, Composition, And Department · inquiries may be directrn:l to the Parks and Recreation Department at (304) 673-7730. 11:20a.m. Private Parking Facilities With Automated Payment Machines Ordinance Amending The Code Of The Of Miami By Amending Chapter 100, "Traffic And Vehicles"; Article Vl, "Towing And Immobilizations"; Section "Vehicles Parked On Private Property; Towing"; Notification Of Private Property With Automated Payment Machine Use. Inquiries may be directed to the 11:30a.m. Artificial Grass: Department at (304) 673-7275. · Ordinance Amending The Land Regulations Of The Code Of The Of Miami Beach, By · Amending Chapter 142, "Zoning Districts And " Miele HI, "Overlay Districts," Division 2, "Dune Preservation Overlay," By Amending Section 142-774, "Jses And Strucwres Permitted," To Establish Policies The Installation Of Synthetic Grass. Inquiries may be directed to the Planning Department at (304) 673-7550. Ordinance Ordinance No. 1605, The lJnclassrried Employees Salary Ordinance Of The City Of Miami Beach, Florida (The By Amending The Salary and Establishing Compensation Provisions For The City Manager And The may be directed to the INTERESTED. PARTIES are invited to appear at this or be by an agent, or to express their views in writing addressed to the City Commission, c/o tile City Clerk. 1700 Convention Center Drive, 1st Floor, Gtty Hall, Miami Beach, Florida 331'39. Copies of these ordinances are available for public inspection nom1al buslf\ess hours in the Clerk's Office, i 700 Convention Center Drive, i st floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal noUce will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat, the City hereby advises the that if a decides to appeal any decision made by the City Commissioo 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. fnis notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize or appeals nat otherwise allowed by law. To request this material in accessible forma:, sign language interpreters, information on access for persons with disabilities, and/nr any accommodatior. to review any document or participate in any City-sponsored }:roceeding, please contact us five days in advance at (305} 673· 741 or ffi' users may also call tile Flor!tl~ Relay Service at 711. Ad lt724 281 THIS PAGE INTENTIONALLY LEFT BLANK 282 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment regarding an amendment to the Official Zoning District Map of the Code of the of Miami Beach and the Future Land Use Map (FLUM) of the City of Miami Beach, for the Miami Heart lns!jjtit~u_!§te~:.£e,~L ________________ j Neighborhood satisfaction and Maintain policies. Supporting Data (Surveys, Environmental Scan, etc half of all residential respon Issue: Should the Commission approve: 1. An Ordinance to change the Future Land Use Category for the Miami Heart Institute property from the current PF-HD, "Public Facilities -Hospital " to "RM-1, Residential Low Density". 2. An Ordiannce to amend the Official Zoning District Map of the Code of the City of Miami Beach, by changing the Zoning District Classification for the Miami Heart Institute property from the current HD, "Hos ita I " to "RM-1, Residential Multifamil Dens --------L-------~--------------------------~ FIRST READING The ordinances would amend the FLUM and Maps of the City of Miami Beach by changing the current main permitted use of on the Miami Heart Institute property at 4704 North Meridian Avenue to 'Residential'. These amendments are being proposed in order to accommodate a new, residential development for the subject site. The Administration recommends that the City Commission approve the Zoning Map Amendment Ordinance on First Reading and set a Second Reading Public Hearing for November 14, as well as continue the FLUM Amendment Ordinance to a date certain of November 14, 2012, at which time both Ordinances will be adopted .. Advisory Board Recommendation: July 24, 2012, the Planning Board recommended that the City Commission appr osed ordinances by a vote of 5-0 (1 member absent, 1 positig!J_~_c_a_n-"'t)_. _________ _, Financial Information: Source of Funds: OBPI --------+----------······-······-········--·-----] ---~---------------·-· proposed ordinance should not have any direct fiscal 283 AGENDA ITEM----- DATE --"--'--'-= Ml IBE H City of Miami Be<~ch, 1700 Convention Center Drive, Miami Beach, Flor:Ja 33139, COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the FROM Kathie G. Brooks, Interim City Manager DATE October 2012 SUBJECT: Miami Heart Institute, 4701 North Meridian Avanua FLUM Amendment & Zoning Map Change FLUM Amendment (Planning Board Fila No. 2059). FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE PARCEL KNOWN AS THE "MIAMI HEART INSTITUTE," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT PF~HD, "PUBLIC FACILITY, HOSPITAL," TO THE FUTURE LAND USE CATEGORY OF RM-1, RESIDENTIAL MULTIFAMILY LOW INTENSITY;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. Zoning Map Change (Planning Board fila No. 2060). AN ORDINANCE Of THE MAYOR AND CITY COMMISSION Of THE CITY Of MIAMI BEACH, FLORIDA, AMENDING THE OffiCIAl ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 Of THE CODE OF THE CITY Of MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL KNOWN AS THE "MIAMI HEART INSTITUTE," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ZONING CLASSIFICATION HD, "HOSPITAL DISTRICT," TO THE PROPOSED ZONING CLASSIFICATION RM-1 RESIDENTIAL MULTI- FAMILY LOW INTENSITY," PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Zoning Map Amendment Ordinance on First Reading and set a Second Reading Public Hearing for December 12, 2012, as well as continue the FLUM Amendment Ordinance to a date certain of December 12, 2012, at which time both Ordinances will be considered adoption. 284 Commission Memorandum Miami Heart Institute -FLUM and Zoning Map October 2012 2 of 6 BACKGROUND The applicant, 4701 North Meridian, LLC, submitted a request to amend the Future Land Use Map of the Comprehensive Plan and the Official Zoning District Map of City of Miami Beach, for the Parcel commonly known as the "Miami Heart Institute," which is comprised of less than 10 acres and more particularly described in the following Legal Description: Lots 8 through 16 of "Nautilus Addition of Miami Beach Bay Shore Co." according to the Plat thereof, as recorded in Plat Book 8 at Page 130, of the Public Records of Miami-Dade County, Florida. Specifically, the applicant is seeking to change the Land Use Category for the subject from the current PF-HD, "Public Facilities-Hospital District," to "RM-1, Residential Multifamily Low Density". The applicant is also requesting to amend the Official Zoning District Map of the Code of the City of Miami Beach, Florida, by changing the Zoning District Classification for the subject parcel from the current HD, "Hospital District" to "RM-1, Residential Multifamily Low Density". The applicant is also proposing to retain the existing nonconforming height, setbacks, floor area ratio and off-street parking by converting the existing structures on the subject parcel to a multifamily building associated amenities and parking, Although these two separate Ordinances can be heard together at a public hearing, it is necessary to have separate motions for each request The subject site is the former Miami Heart Institute, which was a functioning hospital since 1 Mount Sinai purchased Miami Heart Institute in 2000; however its operations and its emergency room have been dosed since 2004. The remaining services include the rehabilitation center, hospice, dialysis, and wound-care center which will move into Mount Sinai. PF-HD future use and HD zoning designations only Hospitals as a main permitted use, and also allow a variety of accessory uses related to hospital use. The use of the site residential use with accessory recreational facilities would not be permitted by Comprehensive Plan and zoning regulations, and would require a change to a land use category and zoning designation that would allow the desired residential use as a main permitted use. The applicant has proposed to renovate and adapt the existing structures to residential use -apartments -with accessory recreational facilities. ANALYSIS Planning and Zoning The proposed changes to the FLUM and Zoning Map are compatible with the property adjacent to the site to the west, along Alton Road, which is RM-1 Multifamily Low intensity a maximum FAR of 1.25. However, to the south of the site is a single- family district (RS-4), which is defined smaller size lots and low scale homes. The applicant has proposed substantial modifications to the existing structures, in order to create a more residential appearance. These physical modifications to existing structure wHI create a better transition to the lower scale single family context to the immediate south. 285 Commission Memorandum Miami Head Institute -FLUM and Zoning Change October 2012 3of 6 City Charter The request for changing the Zoning Map of the City, as well as the Future Land Use Map of the City's Comprehensive Plan is affected by Sections 1.03 (c) and 8.09 of the Charter. Charter section 1 states, in part: The floor area of property or street end within the of Miami Beach shall not be increased transfer, or other means from current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001 ), including any limitations on floor area ratios which are effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shafl first be approved by a vote of the electors of the City of Miami Beach. Charter Section 8.09 states: When a hospital district is rezoned, such property shall be rezoned a district or combination of districts with a floor area ratio no greater than the zoning of abutting land (sharing lot Following the mandate of Charter Section 8.09 above, Section 142-456 (a) and (c) - Rezoning HD district -of the Land Development Regulations of the City Code also governs request as follows: If an application is filed pursuant to rezone all or part of an the rezoning shall be to a district or combination of districts with a floor area no greater than the abutting (sharing Any building existing on property may be adaptively reused consistent zoning regulations retaining nonconforming height, setbacks, area ratio and off-street parking, regardless whether the rehabilitation exceeds 50 percent of value determination, provided that repaired or rehabilitated building shall be subject to the regulations in subsection 118-395 (b)(1)e.-d. (see below; however since site is not within a designated sub-section d. does not apply). Nonconforming buildings (1) Nonconforming buildings which are repaired or rehabilitated less than 50 percent of value of the building as determined by the building official shall be subject to the following conditions: a. Repaired or rehabilitated residential and/or hotel units shall meet the unit size requirements as set forth for the zoning district in which the property is located. The number of units in the building shall not be increased. b. The building shall have previously been issued a certificate of use, certificate of completion, certificate of occupancy or occupational license by the city to reflect its current use. c. Such repairs or rehabilitation shall meet the requirements of the City maintenance standards, the applicable Florida Building Code, and the Life Safety Code. d. If located within a designated district, or an historic site, 286 Commission Memorandum Miami Heart institute-FLUM and Zoning Map Change October 2012 4 of 6 the repairs or rehabilitations shall comply substantially with the Secretary of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, as amended, as well as the certificate appropriateness criteria in Article X of these Land Development Regulations. If the repair or rehabilitation of a contributing structure conflicts any of these regulations, the property owner seek relief from the applicable building or life-safety code. The HD Hospital District shares a property line with an RM-1 district, facing Alton Road, which is currently developed as a parking lot Therefore it complies with Section 142-456 (a), although it appears that currently the parking lot is not being used. The RM-1 regulations allow for a 1.25 FAR with residential uses permitted, in compliance with Section 1.03 of the City Charter. It should be noted, however, that the Land Development Regulations do not include a maximum FAR for the HD district However, the Comprehensive Plan states that in no case shall the intensity in this land use category exceed a floor area ratio on 3.0. Although the of the existing HD Hospital category is more than the RM-1 zoning (3.0 vs. 1.25 FAR) the request is consistent with both Charter provisions and the zoning district regulations as cited above. Site Issues The existing Hospital District zoning carries with it a maximum allowable Floor Area Ratio (FAR) of 3.0, which is among the most intense zoning districts within the City. The proposed RM-1 zoning district allows residential uses and accessory uses that are incidental and customarily associated the main permitted use. In addition, the district allows for Conditional Uses such as adult congregate living facility; day care facility; nursing home; religious institutions; private and public institutions; schools; and commercial or noncommercial parking lots and garages. From a growth management standpoint, the proposed change would ensure that no unwanted overdevelopment of the site could occur, and that the existing buildings would be renovated and rehabilitated in an aesthetically acceptable manner. Also, from the standpoint of traffic congestion, trip generation, and parking availability, the change of use from Hospital and Accessory Hospital Uses to Residential would result in a lower intensity use. The generation rate and parking requirement for hospital is among the highest of all uses, while residential uses are less intense. The total trip generation the site as currently designated for hospital use could be expected to be reduced by at least one-half, which is beneficial for the long-term sustainability of the surrounding residential area. It is also noteworthy that the RM-1 designation does not allow commercial uses on the site. Comprehensive Plan Issues total land area involved in this application is 4.33 acres. Under Section 163.3187 F.S., land use map amendments of less than iO acres in size may considered "small- scale" amendments. As such, only one public hearing before the Commission is required, which shall be an adoption hearing. Although not required, the local government should send a copy of the adopted small scale amendment to the State Land Planning Agency so that the Agency can maintain a complete and up-to-date copy of the City's Comprehensive Plan. 287 Commission Memorandum Miami Heart Institute~ FLUM and Zoning October 2012 5of 6 lnterlocal Agreement for Public School Facility Planning The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes, each local government to adopt an intergovernmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency. Because the submitted plans are only conceptual in nature and only show the portions the existing structures that would be demolished, as well as those that would be retained for residential use and accessory use parking, the number of apartment units has not as yet been determined. The RM-1 future land use category allows a density of 60 units per acre. Taking this to the end result of 60 x 4.33 acres, the maximum number of units that be developed within the existing structures is 260 units. Staff forwarded this information to the Miami-Dade County School Board, and applicant made application for a preliminary school concurrency determination. Staff received notification from the School Board with the following preliminary determination: noted in Concurrency Analysis (Schools Planning Level Review), the proposed would yield a maximum residential density of 260 multifamily which generates 23 11 elementary, 5 middle and 7 senior students. At this elementary and middle schools have sufficient capacity available to serve the while at the senior high school level, the review reveals a shortfall of 7 seats. However, a final of Public School Concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. As such_, this analysis does constitute a Public School Concurrency approval. PLANNING BOARD REVIEW On July 4, 2012, the Planning Board (by a 5-0 vote) transmitted both Ordinances the City Commission with a favorable recommendation. As part of this action, the Planning Board recommended that the City Commission not act upon the Ordinances until the required covenants have been executed, recorded and placed in escrow the City Attorney's office. SUMMARY The proposed amendment to the Future Land Use Map of the City's Comprehensive Map and the change to the Zoning Map are expected to promote a positive change to the Miami Heart Institute site, which has been almost vacant for some time. The new residential development with its recreational amenities would add value to the site as well as a visual and aesthetic improvement to the neighborhood. As part of the review process the proposed amendments, extensive public outreach has been conducted, and the applicant for the proposed new residential project has had numerous meetings with affected property owners, neighbors and home owners associations. As part of this outreach effort, the applicant has agreed to seek approval from the Design Review Board (ORB) for the conversion of the hospital to residential, prior to the adoption of the proposed amendments. Additionally, a covenant pertaining to site has agreed to by all parties. The City Attorney's office is working with the applicant's legal counsel to finalize the details of the required covenant and expects the covenant to be executed and held in escrow prior to final adoption of the FLUM and Zoning Map change. 288 Commission Memorandum Miami Heart Institute -FLUM and Map October 2012 6 of 6 These amendments must be processed together, as they are interrelated to one another; however, separate motions must be made for each Ordinance. The Zoning Map Amendment requires two separate readings. Therefore, the Commission can approve Zoning Map Amendment at First Reading on October 24, 2012 and consider the FLUM Amendment at the 2nd Reading of the Zoning Map Amendment on December 12, 2012. The ORB will be considering applicants residential proposal on December 4, 2012, is prior to the December 12 City Commission meeting. CONCLUSION Administration recommends that the City Commission approve the Zoning Map Amendment Ordinance on Reading and set a Second Reading Public Hearing for December 12, 2012, as well as continue the FLUM Amendment Ordinance to a date certain of December 12, 2012. at which time both Ordinances will be considered for adoption. KGB/JGG/RGL:TRM T:\AGENDA\2012\10-24-12\Miami Heart HD-MEMO.docx 289 LIONHEART /MIAMI HEART INSTITUTE REDEVELOPMENT HEARING CALEI'i"DAR DATE EVENT August 3, 2012 Mail notices for preliminary DRB hearing on September 4 September 4, 2012 Request deferral of preliminary hearing to October 2 September 21, 2012 Mail notices for 1st reading before the Commission on Odobe:r 24 October 2, 2012 Atteud prelbuiBiU'Y DRB heariug CONTINUED To NOVEMBER October 24, .2012 Attend 1st :reading before the Commission ***(Fint hearing on :rezoning, laud use amendment continued to December) November 2, 2012 Mail notices for final DRB Hearing on December 4 November 2, 2012 Mail notices fo:r BOA hearing on December 7 November 6, 2012 Attend preliminary DRB hearing November 9, 2012 Mail notices fo:r 2n 11 reading before Commission on December 12 December 4, 2012 Attend Final DRB hearing December 7, 2012 Attend BOA hearing December 12,2012 Attend 2nd reading before Commission ***(Second bearing on rezoning, ONLY bearing on land use amendment) DRB re . Land use amendment will MiA 182,690,472v5 10-1-12 290 MIAMI HEART INSTITUTE-FLUM CHANGE ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE PARCEL KNOWN AS THE "MIAMI HEART INSTITUTE," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT PF~HD, "PUBLIC FACILITY, HOSPITAL," TO THE FUTURE LAND USE CATEGORY OF RM-1, "RESIDENTIAL MULTIFAMILY LOW INTENSITY;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the applicant, 4701 North Meridian, LLC, has made an application to the City of Miami Beach to change the Future Land Use Map category for the parcel referred to herein as "Miami Heart Institute," located at 4701 North Meridian Avenue, from the current PF-HD, Public Facility Hospital, to the Future Land Use category RM-1, Residential Multifamily Low Intensity; and WHEREAS, amending the Future Land Use category of the subject Miami Heart Institute parcel as provided herein is necessary to ensure the development of that property will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; and WHEREAS, the City of Miami Beach has determined that changing the Future Land Use category of the subject Miami Heart Institute parcel as provided herein will ensure that new development is compatible and in scale with the built environment, and is in the best interest of the City; and WHEREAS, the full legal description of the Affected Property is contained in Exhibit "A" attached to this Ordinance, and shortened descriptions of such properties will be codified in the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendment to the City's Future Land Use Map designations for the property described herein is hereby approved and adopted and the staff is hereby directed to make the appropriate changes to the Future Land Use Map of the City: A parcel of land commonly known as the "Miami Heart Institute," approximately 188,796 square feet (4.33 acres), deemed to be a small- scale amendment, from the current PF-HD, "Public Facility Hospital," to the Future Land Use category of RM-1, "Residential Multifamily Low Intensity." 291 SECTION 2. REPEALER All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not affected by such invalidity. SECTION 4. INCLUSION IN COMPREHENSIVE PLAN. It is the intention of the City Commission, and it is hereby ordained that the amendment provided for in Section I is made part of the Future Land Use Map of the City of Miami Beach Comprehensive Plan, as amended; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. TRANSMITTAL The Planning Director is hereby directed to submit this ordinance to the appropriate state, regional and county agencies as may be required applicable law. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect 31 days after adoption pursuant to Section 163.3187(2), Florida Statutes. PASSED and ADOPTED this __ day of _____ , 2012. ATTEST: CITY CLERK First Reading: November 14, 2012 Second Reading: N/A Verified by: _________ _ Richard Lorber Planning Director T\AGENDA\2012\10-24-12\Miami Heart HD FLUM-ORO.docx -2- 292 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION MIAMI HEART INSTITUTE -ZONING MAP CHANGE ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142~72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL KNOWN AS THE "MIAMI HEART INSTITUTE," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ZONING CLASSIFICATION HD, "HOSPITAL DISTRICT," TO THE PROPOSED ZONING CLASSIFICATION RM~1, "RESIDENTIAL MULTI~ FAMILY LOW INTENSITY," PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the applicant, 4701 North Meridian, LLC, has made an application to the City of Miami Beach to change the zoning classification the parcel referred to herein as "Miami Heart Institute," located at 4701 Meridian Avenue, from HD, Hospital District, to RM-1, Residential Multifamily Low Intensity; and WHEREAS, amending the zoning of the subject Miami Heart Institute parcel as provided herein is necessary to ensure that the development of the property will be compatible with development in adjacent and surrounding areas, and contribute to the general health and welfare of the City; and WHEREAS, the City of Miami Beach has determined that the rezoning of the subject Miami Heart Institute parcel as provided herein will ensure that new redevelopment and renovation of existing structures are compatible and in scale with the environment, and is in the best interest of the City; and WHEREAS, the full legal description of the Affected Property is contained in Exhibit attached to this Ordinance, and shortened descriptions of such properties will be codified in the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendments to the City's zoning map designations for the properties described herein are hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the zoning map of the City: A parcel of land commonly known as the "Miami Heart Institute," approximately 188,796 square feet (4.33 acres), from the current HD "Hospital District," to the proposed zoning classification RM-1, "Residential Multifamily Low Intensity." 293 SECTION 2. REPEALER. Ali Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the City Commission that the Official Zoning District Map, referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida be amended in accordance with the provisions of this Ordinance. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect 31 days after adoption to correspond to the adoption date of the amendment to the Future Land Use Map of the City's Comprehensive Plan. PASSED and ADOPTED this __ day of ____ _ ATTEST: CITY CLERK First Reading: October 24, 2012 Second Reading: November 14, 2012 Verified by:--------- Richard Lorber Planning Director T:\AGENDA\2012\10-24-12\Miami Heart HD ZONING MAP· ORD.docx -2 - 294 2 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR ECUTION EXHIBIT "A" legal Description: Lots 8 through 16 of "Nautilus Addition of Miami Beach Bay Shore Co." according to the Plat thereof, as recorded in Plat Book 8 at Page 130, of the Public Records of Miami-Dade County, Florida. 295 I " p I CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE FUTURE lAND USE MAP {FlUM) OF THE CITY OF MIAMI BEACH COMPREHENSIVE PlAN AND ZONING MAP CHANGES NOTICE IS HEREBY GIVEN that a first and public hearing will be held by the City Commission of the Cfty of Miami on WEDNESDAY, October 24, 2012 at 5:01 p.m. in the City Commission Chambers, Third Floor. City HaiL located at 1700 Convention Center Drive, Miami Beach, Florida 33139 to consider: ~~'!"""''"' Board File No. 2059) to amend the Future Land Use Miami Beach to 1 F.S., and Chapter 163.31 F-8., by Future Land Use Designation for the of land more conmonly as Miami Heart Institute, of than 10 acres from the current PF-HD, "Public FacHity to the Future Land Use of RM-1, "Residential, Low Intensity," Board File No. 2000) BEACH 296 District referanced in Section 142-72 of to Section 118·162, "Petitions District Classification for the f'MnnriiOPO Of leSS than Low language interpreters, information anv accommodation to review :.r.t •. ~nr.n~r,mrt. please contact users may also calf the Rafael E. Granado f:itv f:IPrk COMMISSION ITEM SUMMARY Ccmdensed Title: FIRST READING The proposed ordinance would amend the development for level additions located within the RM-3 zoning district and the Architectural district Specifically, existing hotel units could be relocated and follow the height of the existing structure, to Historic Preservation Board approval, even if the existing structure exceeds 50' in height, the new construction is attached to the west side of the existing The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Readin Public Hearin for November 2012. Advisory Board Recommendation : __ ·················-~--------------------"""""""O"""-.....,.---:----------,---------. I On March 28, 2012, the land Use and Development Committee referred the proposed Ordinance to the Board. On August 2012, the proposed ordinance was reviewed the Historic Preservation Board where, a vote of 4-0 (3 members absent) the Board passed a Resolution endorsing the proposed Ordinance. , On August 2012, the Planning Board recommended that the Commission approve the l dinance b a vote of 4-1 two members absent). Financial Information: Source of Funds: I l ... , ___ l OBPI Account f-------------------------····--·---1 ·············--····--·-------.........j inance should not have any direct fiscal impact -----------------·········---~---·-······· r-SUM 1 ST.docx 297 AGENDA ITEM_...,_._=-:=--- DATE --'-=--£:..J.........~.-.:.= -Ml MIBE City of MiCl!mi Eh~Clich, 1700 Convention Center Drive, Miami Beach, Florida 33139, COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City FROM Kathie G. Brooks, Interim City Manager DATE: October 2012 FIRST READING SUBJECT: Ground Floor Additions in the Architectural District AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," BY AMENDING DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY HIGH INTENSITY", TO CREATE ADDITIONAL REGULATIONS REGARDING GROUND FLOOR ADDITIONS FOR PROPERTIES LOCATED IN THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on First Reading and set a Second Reading Public Hearing for November 14, 201 BACKGROUND A discussion regarding the RM-3 regulations concerning attached and detached additions to buildings in the Architectural Historic District was referred to the land Use and Development Committee (LUDC) by Commissioner Ed Tobin. At the March 28, 2012 meeting, the Land Use and Development Committee referred the matter to the Planning Board. An Ordinance to amend Section 142-246(d) of the City Code was subsequently drafted and routed through the Planning and Historic Preservation Boards. ANALYSIS The proposed amendment to Section 142-246( d) was proposed by the law of Bercow, Radell & Fernandez, P.A, on behalf of the South Seas Hotel, located at 1751 Avenue. The amendment would liberalize the existing five (5) story limitation on additions to oceanfront properties in the RM-3 Architectural District (between 16th and 21st Street). The South Seas is an existing Art Deco hotel that is contemplating a renovation program, and would like to build an addition within the existing footprint of the 298 Commmsion Memorandum of the Public nt:a.w1u. Floor Additions in Architectural District October 2012 2of3 historic hoteL Currently the City Code allows that addition to be limited to a one story rooftop addition, meeting of sight requirements. The tallest portion of the existing building is seven stories, and the proponents desire is to construct an addition at least that tall, adjacent to the existing structure. This is not permitted under today's code, and a code amendment is necessary to implement these proposed plans. A previous ordinance amendment was adopted by the City in 2007, which permitted a similar type of expansion, but only to increase the size of existing hotel rooms. This amendment was proposed by the Seagull/ Days Inn on st Street, which has an awkward floor plan and the proposed addition would have filled in a notch in those rooms, expanding them to a larger room size, but not adding any new units. However, this existing provision would not apply to the South Seas proposal, as it intends to add several floors of new hotel rooms. The applicant points out that their proposal also eliminates an equal number of rooms the existing building, converting them to other hotel back of house uses and accessory commercial uses, so would not actually result in an increased number of rooms. The amendment as proposed by the South Seas, would remove the requirement that the additions over one story, or higher than 50 feet, can only be for increasing the size of existing units, but would keep a restriction that an overall increase in the number of units could not increased. The proposed Ordinance Amendment also requires that the additional square footage consist of the relocating of existing hotel units, as well as the following: 8 There shall be no neighborhood impact establishment, dancehall or entertainment use in the area the proposed addition; 8 No new outdoor or open air entertainment establishment shall be created on the property. Existing outdoor or open entertainment establishments may continue but shall not be expanded if a property avails itself of this provision. 8 Upon approval the proposed addition by the Historic Preservation Board, no building greater than two (2) stories in height or 25 feet shall be constructed between the rear of the building and westward line of the dune overlay district provision shall not be subject to variance. 8 If the building presently contains unoccupied spaces enclosed on at least three sides by existing walls of a height that would conceal a new roof, such as false parapets or storage rooms, those spaces may be further enclosed as habitable floor area, up to the permitted floor area; and 411 No new commercial uses shall be permitted on the rooftop or any open decks of the existing structure or proposed addition. While the Planning Department has worked with the proponent on this proposal for amending the height regulations in this historic district, and recognizes the desirability of fostering additional hotel redevelopment, there remain concerns about the impact of such a change on neighboring properties in the general area, which might also be able to request additional building height, as as on the City's carefully crafted historic preservation regulations, which are subject to being made less effective if they are repeatedly amended and watered down. This specific proposal may be acceptable within that context, however, provided that the details are carefully considered and tailored to balance redevelopment with preserving existing scale and massing. 299 Commission Memorandum of the Public Floor Additions in Architectural District October 24. 2012 lAND USE COMMITTEE & HISTORIC PRESERVATION BOARD REVIEW 3of 3 On March 28, 2012, the Land Use and Development Committee, after a presentation by the attorney and architect representing the South Seas Hotel, referred the matter to the Planning Board. On April 11, 2012, the City Commission discussed LUDC referral and expressed concerns about the negative impacts this ordinance may have on other historic buildings and districts. The City Commission directed the Administration to have the ordinance reviewed the Historic Preservation Board for its comments and input On June 12, 2012, the discussed the proposed ordinance, requested that it be brought back at meeting for a more detailed discussion. the July meeting, the Board continued it again to the August meeting. The proposed ordinance was reviewed by the Historic Preservation Board at its August 14, 2012 meeting. By a vote of 4-0 (3 members absent) the Board passed a Resolution endorsing the proposed Ordinance. PLANNING BOARD REVIEW On August 28, 2012, the Planning Board (by a 4-1 vote) transmitted the Ordinance Amendment to the City Commission with a favorable recommendation. CONCLUSION The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Reading Public Hearing for November 14, 2012. 2\RM-3 Ground Floor-MEMO iST.docx 300 GROUND FlOOR ADDITIONS IN THE ARCHITECTURAL DISTRICT ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," BY AMENDING DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY HIGH INTENSITY," TO CREATE ADDITIONAL REGULATIONS REGARDING GROUND FLOOR ADDITIONS FOR PROPERTIES LOCATED IN THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (City) places a strong emphasis on the protection, enhancement and retention of the established architectural scale, character and context of the City's multifamily zoning districts; and WHEREAS, the City Commission has deemed it in the best interest and welfare of the City to have procedures for the review of new construction within the City's multifamily zoning districts; and WHEREAS, the City Commission has deemed it in the best interest and welfare of the City to have procedures to preserve, enhance and protect the unique architectural character and context of oceanfront lots within the Architectural District in Miami Beach; and WHEREAS, the City of Miami Beach Historic Preservation Board and Planning Board have reviewed and endorsed the proposed amendment to the Code herein; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision V, "RM~3 Residential Multifamily High Intensity," the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Section 142*246. -Development regulations and area requirements * * 301 (b) The lot area, lot width, unit size and building height requirements for the RM-3 residential multifamily, high intensity district are as follows: Maximum Building Height (Feet) Maximum Number of Stories 7,000 50 New New 150 16 construction-construction- 550 800 Oceanfront lots-Oceanfront lots- Non-elderly and Non-elderly and 200 22 elderly low and elderly low and Architectural dlst: Architectural dist: moderate moderate New construction-New income income housing: 120; ground floor construction-13; housing: See See section additions (whether ground floor section 142-142-1183 attached or additions (whether 1183 Rehabilitated detached) to attached or Rehabilitated buildings-550 existing structures detached) to bui!dings--400 Hotel units-on oceanfront existing structures Hotel unit: N/A lots-50 (except as on oceanfront 1 300-provided in section lots-5 (except as 335 142-1161 provided in section 85%:335+ 142-1161 (c) Notwithstanding the above, for oceanfront lots located within a locally designated historic district or site, but not within the architectural district, with less than 400 feet of lineal frontage along Collins Avenue and containing at least one contributing structure, the maximum building height for ground floor additions to existing structures, whether attached or detached, shall be as follows: (1) For existing structures greater than five stories in height, the maximum height shall be limited to ten stories or the height of the roof line of the main structure on site, whichever is less. At the discretion of the historic preservation board, the maximum height of the ground floor addition may exceed ten stories if the existing and surrounding structures are greater than five stories in provided the addition is consistent with the scale and massing the existing structure. (2) For existing structures five stories or less in height, the maximum height shall be limited to five stories. Additionally, the proposed addition shall not substantially reduce existing or established view corridors, nor impede the appearance or visibility of architecturally significant portions of an existing structure, as determined by the historic preservation board. (d) Notwithstanding the above, for oceanfront lots located in the architectural district, the overall height of an attached addition may exceed five stories and 50 feet, but shall not exceed the height of the roof line of the structure attached to, provided all of the following conditions are satisfied: (1) The proposed addition shall consist of expansion of existing hotel units only and 2 of 4 302 shall not result in an increased number of units. (2) The proposed addition shall be for hotel units only. A restrictive covenant, running with the land, or other similar instrument enforceable against the owner(s), acceptable to and approved as to form by the city attorney, shall be required to ensure that the units remain as hotel units for a minimum of 30 years. If the applicant is unable to provide such a covenant, this requirement may be waived by the city manager if it is demonstrated that the project provides an extraordinary public benefit to the surrounding area. The proposed addition shall not be attached to front, street side or oceanfront elevations, nor along any other principal elevations or facades, as determined the historic preservation board. (4) The proposed addition shaH not substantially reduce existing or established view corridors, nor impede the appearance or visibility of architecturally significant portions of an existing structure, as determined by the historic preservation board. (e) A ground floor addition relocating existing hotel units shall also meet the following conditions, in addition to subsection (d) restrictions above (except (d)(1 )): (a) There shall be no neighborhood impact establishment, dancehall or entertainment use in the area of the proposed addition; (b) No new outdoor or open air entertainment establishment shall be created on the property. Existing outdoor or open air entertainment establishments may continue but shall not be expanded if a property avails itself of this provision. (b) Upon approval of the proposed addition by the Historic Preservation Board. no building greater than two (2) stories in height or 25 feet shall be constructed between the rear of the building and westward line of the dune overlay district This provision shall not be subject to variance. (c) Notwithstanding the provisions in Section 142-1161 (d). if the building presently contains unoccupied but built spaces enclosed on at least three sides by existing walls of a height that would conceal a new roof. such as false paraQets or storage rooms, those spaces may be further enclosed as habitable floor area, up to the permitted floor area; and (d) No new commercial uses shall be permitted on the rooftop or any open air decks of the existing structure or proposed addition. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. 3 of 4 303 SECTION 3. REPEAlER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABiliTY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of-------' 2012 ATTEST: CITY CLERK First Reading: October 24, 2012 Second Reading: November 14, 2012 Verified by:--------- Richard Lorber Planning Director Underscore denotes new language MAYOR F:\T_Drive\AGENDA\2012\10-24-12\RM-3 Ground Floor-ORD 1ST.docx 4 of4 304 APPROVED AS TO FO lANGUAGE & EXECUTJON z 305 o~ u z 306 R7 RES LUTI NS COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Granting An Easement To Collins 3300, LlC And 3420 Collins Avenue, llC, Owners Of The Properties located At 3301 Indian Creek Drive, 3400 Collins Avenue And 3420 Collins Avenue, Following A Duly Noticed Public Hearing, For A Proposed Subsurface Parking Garage, That Spans The Entire Width Of The 50~Foot Public Right-Of-Way Of 34th Street For A Length Of Approximately 93 Feet, Pursuant To The Procedures And Standards Recommended By The land Use And Development Committee, And Finance And ommittee. Issue: I Shall the Mayor and the City Commission approve the Resolution? , .... Collins 3300, LLC And 3420 Collins Avenue, lLC, {Applicants) wish to construct a hotel with accessory assembly space, a parking garage, and retail and restaurant uses. They propose to connect the Properties and provide for required parking with a subsurface parking garage beneath 34111 Street The parking garage is proposed to be 12 feet 10 inches below ground-level with a width of 50 feet and a length of approximately 93 feet At the Historic Preservation Board meeting, the Applicants received approval (pursuant to HPB Order No. 7299) to redevelop the Properties. The item was referred to the Land Use Committee and the Finance and Citywide Projects Committee for policy direction. At the June 13, 2012 land Use Committee meeting, it was determined that an easement was the more appropriate instrument for allowing a subterranean parking facility across the City right-of~way, that the value of the easement should be determined via an appraisal conducted for the City and paid for by the Applicants, and that the Commission should set a public hearing to consider granting the easement. At the June 28, Finance and Citywide Projects Committee, it was recommended to use the fee simple methodology for valuation of this easement with flexibility to adjust the valuation when appropriate, based on recommendations from the City appraiser. At the July 18, 2012 City Commission meeting, pursuant to Reso No. 2012~27948, the Commission set a public hearing for the September 12, 2012 Commission meeting. At that meeting, the item was opened and continued to the October 24, 2012 Commission Meeting. Staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section 82~38 of the City Code for the proposed sale or lease of City property. The City has determined that the criteria are satisfied; however, terms of the easement agreement are not yet finalized. THE ADMINISTRATION RECOMMENDS THAT THIS ITEM BE OPENED AND CONTINUED. Financial Information: Source of Funds: OBPI Financial Impact Summary: Account 308 AGENDA ITEM---~.~..;...;.- DATE __,;.;,;;.__;;;;;._;,__;;_;;;__ Ml MIBE C:ity of Miami leach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City mission PUBLIC HEARING FROM: Kathie G. Brooks, Interim City Manager DATE: October 24, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING AN EASEMENT TO COLLINS 3300, LLC AND 3420 COLLINS AVENUE, LLC, OWNERS OF THE PROPERTIES LOCATED AT 3301 INDIAN CREEK DRIVE, 3400 COLLINS AVENUE AND 3420 COLLINS AVENUE, FOLLOWING A DULY NOTICED PUBLIC HEARING, FOR A PROPOSED SUBSURFACE PARKING GARAGE, THAT SPANS THE ENTIRE WIDTH OF THE 50-FOOT PUBLIC RIGHT·OF~WAY OF 34TH STREET FOR A LENGTH OF APPROXIMATELY 93 FEET. ADMINISTRATION RECOMMENDATION The Administration recommends that this item be opened and continued. BACKGROUND Collins 3300, llC And 3420 Collins Avenue, llC, (Applicants) are owners of the properties located at 3301 Indian Creek Drive, 3400 Collins Avenue and 3420 Collins Avenue (collectively, the Properties). The Properties are located in the Collins Waterfront Historic District and presently a vacant parcel, an existing 3-story hotel, and a vacant parcel, respectively. The Applicants wish to construct a 5-story hotel with an accessory assembly space on the vacant parcel at 3301 Indian Creek Drive, renovate the 3-story hotel at 3400 Collins Avenue, and construct a 6-story parking garage with accessory retail and restaurant uses on the vacant parcel at 3420 Collins Avenue. They propose to connect the Properties and provide for required parking with a subsurface parking facility beneath 34th Street The subsurface parking facility is proposed to be 12 feet 1 0 inches below ground-level with a width of 50 feet and a length of approximately 93 feet At the Historic Preservation Board meeting on February 14, 2012, the Applicants received approval (pursuant to HPB Order No. 7299) to redevelop the Properties. This proposed subsurface parking garage was then referred to the land Use Committee and the Finance and Citywide Projects Committee for policy direction. At the June 13, 2012 land Use Committee meeting, it was determined that: 1. An easement was the more appropriate instrument for allowing a subsurface parking facility across City right-of-way. The value of the easement should be determined via an appraisal conducted for the City and paid for by the Applicants. 3. The Commission should set a public hearing to consider granting the easement 309 City Commission Memomndum -3400 Collins A venue Subte"anean Easement October 24, 2012 Page 2 of3 At the June 28, 2012 Finance and Citywide Projects Committee, it was recommended to use the fee simple methodology for valuation of this easement with flexibility to adjust the valuation when appropriate, based on recommendations from the City appraiser. An appraisal prepared by Waronker & Rosen, Inc. on June 27, 2012, estimates the value of the easement to be $1 ,250,000. At the July 18, 2012 City Commission meeting, pursuant to Resolution No. 2012-27948, the Commission set a public hearing for the September 12, 2012 Commission meeting. This item was opened and continued at the September 12, 2012 Commission meeting. ANALYSIS There is no section of the City Code that provides guidance on the appropriateness of granting an easement Therefore, staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section 82-38 of the City Code for the proposed sale or lease of City property as it has done for the proposed aerial easement across Ocean Court for the Tides HoteL Those criteria are: 1. Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city comprehensive plan. Satisfied -The property is located within the RM-2 Multifamily Residential Medium Intensity future land use category, and surrounded by this and the RM-3 Multifamily Residential High Intensity future land use category. The proposed use is underground parking garage use for the adjacent hotel facilities. The proposed use of the adjacent properties as hotel facilities is consistent with the future land use category description contained in the Comprehensive Plan. 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed; the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. Satisfied -The property in question is surrounded on both the north and south by the proposed hotel development, and the property to the east, across Collins Avenue, is under the same ownership and approved for hotel and condominium use. There would be no diminution of open space as proposed. No additional utility or infrastructure is expected to be necessary. A traffic study was prepared as part of the development review approval process, which indicated that the proposal would not degrade the level of service of the surrounding roadway network below acceptable levels. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the city's revenue base, creating jobs, creating a significant revenue stream, and improving tho community's overall quality of life. 310 City Commission Memorandum-3400 Collins Avenue Subtel'T'anean Easement October 24, 2012 Page 3 of3 Satisfied -The proposal is associated with an important new hotel development of particular architectural distinction. This portion of the Collins Avenue corridor has not developed as rapidly as areas of the City further south, and the proposed new hotel developments in this corridor are generally seen as positive for the city's economic and tourism development. The proposed hotel development is expected to provide a significant number of jobs, and to provide additional property tax and resort tax revenues to the City. 4. Determination as to whether or not the development is in keeping with the surrounding neighborhood, will block views or create environmental intrusions, and evaluation of the design and aesthetic considerations of the project. Satisfied -The proposed easement is entirely underground, and should not create any visual or environmental impacts on the surrounding neighborhood. 5. The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. Satisfied -There should not be any adverse impacts to adjacent properties other than those owned by the Applicants. 6. Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. Not applicable -The Planning Department has no other issues it deems appropriate to analyze for this proposal. The Administration's analysis above shows that the above criteria established under Section 82- 38 of the City Code is satisfied. The Administration and Applicants are negotiating an easement agreement that provides for the term discussed in the Land Use and Development Committee and the Finance and Citywide Projects Committee; however, terms of the easement agreement are not yet finalized. The Administration is also in the process of updating the previous appraisal to include not only the fee simple valuation method requested by the FCWPC but also the highest possible value of the easement CONCLUSION The Administration recommends that this item be opened and continued to the November 14, 2012 Commission Meeting. KGB/JGG/FHB/JJF/RWS/DEF T:\AGENDA\2012\ 10-24-12\3300 Collins Subterranean Easement • Memo.docx 311 COMMISSION ITEM SUMMARY Ccmderused Title: A resolution repealing City Of Miami Beach Resolution No. 93-20694 which established the City's complimentary ticket policy, and substituting therefor a comprehensive policy statement of the City Of Miami Beach regarding its use and distribution of City ~~~~~en~~d ct~ns -~~2i~tt~~w~ne!d~~~n~u!e!BJ&~n~d~/~~~~~~~~~----------~ On April 13, 201 i, Commissioner Jonah Wolfson referred a matter for discussion to the Finance and Citywide Projects Committee (FCWPC) entitled: Discussion regarding a proposed ordinance on ethics guidelines for acceptance of gifts, favors, or services by City Employees. The matter referred by Commissioner Wolfson was heard at the September 26, 2011, FCWPC meeting. The item referred for discussion attempted to more broadly address the issue of potential amendments to City Code relating to gifts, favors or services provided to the City's Officers and Employees, below fair market value, from an entity doing business with the City or from a lobbyist At that time, the Attorney advised Committee members that the County's Commission on Ethics was reviewing the issue of complimentary ticket policies; the Committee recommended that the matter be monitored and a status report provided to the Committee. On March 1, 2012, the COE released a DRAFT "Guidelines and recommendations regarding 'public benefit' clauses in certain government contracts." On March 2012, the COE issued an "Addendum" to the guidelines that specifically address the latter (see Attachment H, COE Draft Guidelines and Addendum). The City Attorney's Office reviewed the COE's recommended guidelines and on February 28, 2012, submitted a Memorandum of Law to the COE addressing the issues raised by their guidelines, and challenging the authority of the COE to issue such standards/guidelines. It is the City Attorney's opinion that these are matters of public policy and not subject to review by the COE (Attachment 1). In response to the COE's recommended guidelines, the City Attorney's Office developed a proposed resolution establishing a policy for the distribution of tickets received pursuant to a complimentary ticket program in a negotiated public benefit clause. Please refer to the attached "DRAFT" resolution presented for review and consideration. Pursuant to this policy, elected officials and certain City Staff would receive tickets on a limited basis (e.g. only for opening night events), with the balance of the tickets distributed to "deserving organizations or groups" that are identified, through a Committee, once a year as being eligible to receive tickets for their participants. In addition, the proposed resolution provides for a process for tickets to also be distributed to other parties by the City in other circumstances {e.g. visiting dignitaries, to meet contractual obligations relating to a municipal marketing program, to recognize employees}. The Finance and Citywide Projects Committee discussed this item on June 28, 2012 and again at its July 26, 2012 meeting. The FCWPC moved it to the full Commission for consideration. The Finance and Citywide Projects Committee discussed this item on June 28, The FCWPC moved it to the full Commission for consideration. Financial Information: Source of Funds: FinanceDept L-~~~~~~~~~~-L~~~~~~~~~~~L-------------------~ Financial Impact Summary: Ci Clerk's Office T Jose Smith and Max Sklar 312 KGB AGENDA ITEM _.::....:_..:.....::..c......._ DATE ---l..:::........l!:...L......!.....:= COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City C fROM: Jose Smith, City MTU"\ITU'l>\1 DATE: October 24, 2012 SUBJECT: A RESOLUTION OF AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING CITY OF MIAMI BEACH RESOLUTION NO. 93-20694 WHICH ESTABLISHED THE CITY'S COMPLIMENTARY TICKET POLICY, AND SUBSTITUTING THEREFOR A COMPREHENSIVE POLICY STATEMENT OF THE CITY OF MIAMI BEACH REGARDING ITS USE AND DISTRIBUTION OF CITY TICKETS TO EVENTS AND PRODUCTIONS OCCURRING AT CITY -OWNED VENUES AND/OR CITY -SPONSORED EVENTS. On April 13, 2011, Commissioner Jonah Wolfson referred a matter for discussion to the Finance and Citywide Projects Committee (FCWPC) entitled: Discussion regarding a proposed ordinance on ethics guidelines for acceptance of gifts, favors, or services by City Employees. Please see attached (Attachment 0) referral and correspondence (excluding referenced attachments). BACKGROUND: The matter referred by Commissioner Wolfson was heard at the September 26, 2011, FCWPC meeting. The item referred for discussion attempted to more broadly address the issue of potential amendments to City Code relating to gifts, favors or services provided to the City's Officers and Employees, below fair market value, from an entity doing business with the City or from a lobbyist. At that time, the City Attorney advised Committee members that the County's Commission on Ethics was reviewing the issue of complimentary ticket policies; the Committee recommended that the matter be monitored and a status report provided to the Committee. Please see attached Afteraction Report for the September 26, 2011 FCWPC meeting (Attachment E). The discussion on a ticket distribution policy stemmed from an initial investigation by the Miami-Dade Commission on Ethics and Public Trust (COE) and State Attorney's office (SAO) in response to a complaint by the New World Symphony (NWS) about the inclusion of a complimentary ticket program as part of the negotiations of proposed revisions to the "public benefits" section of the NWS's lease with the City for the NWS use of public land. The proposed inclusion of the complimentary ticket program was in keeping with established, negotiated public benefits in other City agreements, subsequent to both a State Commission on Ethics opinion, as well as a City resolution on the concept More specifically, in 19g2, the Florida Commission on Ethics issued its Opinion No. 92-33, holding that City of Miami Beach elected officials could legally accept complimentary tickets from the City (obtained via negotiated 'public benefit' clauses in City contracts) to performances taking place at City-owned venues, subject only to the requirement that public disclosure of such ticket receipt be made by the recipient/Officials on quarterly gift disclosure forms (see Attachment F, Opinion No. 92~33). In reliance upon the opinion of the State Ethics Commission, the City of Miami Beach adopted its Resolution No. 93-20694, in which the 313 City Commission Meeting Complimentary Ticket Distribution Policy October 24, 2012 Page 2 of 3 City Commission formally established a procedure for the City's distribution of its tickets to performances taking place at City-owned venues, whereby designated municipal officials and deserving members of the community would receive complimentary tickets to such productions (see Attachment G, COMB Reso. No. 93~20694). A complimentary ticket program has been negotiated as part of resulting public benefits programs for other venues with management and/or lease agreements, including the Miami City Ballet, Jackie Gleason Theater and Byron Carlyle Theater. Based on this longstanding City policy (approved as a resolution by the City Commission) and State Commission on Ethics opinion, upon which the City relied in negotiating complimentary ticket programs as part of public benefits clauses, the SAO closed its case on October 18, 2011, with a finding of no wrongdoing, but referred the matter to the COE for further review on the policy elements of the issue. On March 1, 2012, the COE released a DRAFT "Guidelines and recommendations regarding 'public benefit' clauses in certain government contracts." The focus of the guidelines was on complimentary ticket programs in those public benefits clauses, and what they perceived to be "flawed" policies by several municipalities relating to such. Cities that were researched to develop these recommendations included the City of Miami Beach, Miami, Homestead, Coral Gables and Hialeah. While acknowledging the City of Miami Beach's prior ethics opinion on the matter, and the City of Miami Beach Resolution that has existed since 1993, the COE raised concerns with the methodology of distribution, in particular when elected officials re-allocate tickets provided to them through complimentary ticket programs in public benefits clauses, as this may appear to serve a personal or political agenda, rather than meet the intended purpose. The recommendations did acknowledge, as well, that elected officials and other City staff may need to attend events in their official capacity. On March 27, 2012, the COE issued an "Addendum" to the guidelines that specifically address the latter (see Attachment H, COE Draft Guidelines and Addendum). The City Attorney reviewed the COE's recommended guidelines and on February 28, 2012, he submitted a Memorandum of Law to the COE addressing the issues raised by their guidelines, and challenging the authority of the COE to issue such standards/guidelines. In his opinion, these are matters of public policy and not subject to review by the COE (Attachment 1). CITY ATTORNEY'S OFFICE PROPOSED RESOLUTION In response to the COE's recommended guidelines, the City Attorney's Office developed a proposed resolution establishing a policy for the distribution of tickets received pursuant to a complimentary ticket program in a negotiated public benefit clause. Please refer to the attached "DRAFT" resolution presented for the Committee's review and discussion. In summary, the key recommended policy points are: • Delineates the applicability of the policy (when it would apply); • Establishes what "public purpose" is served by the distribution of tickets; • Recommends a process for the distribution of tickets received by the City; and • Delineates disclosure requirements (by the City and by the recipient). Pursuant to this policy, elected officials and certain City Staff would receive tickets on a limited basis (e.g. only for opening night events), with the balance of the tickets distributed to "deserving organizations or groups" that are identified, through a Committee, once a year as being eligible to receive tickets for their participants. In addition, the proposed resolution provides for a process for tickets to also be distributed to other parties by the City in other circumstances (e.g. visiting dignitaries, to meet contractual obligations relating to a municipal marketing program, to recognize employees). 2 314 City Commission Meeting Complimentary Ticket Distribution Policy October 24, 2042 Page 3 of 3 ADMINISTRATION REVIEW The Administration was asked to review the attached DRAFT to ensure that the procedures for distribution included in the proposed resolution could be implemented without any administrative difficulty. Many of the elements of the administration of the ticket distribution process being proposed are already in place today. FINANCE AND CITYWIDE PROJECTS COMMITTEE -June 28, 2012 The Finance and Citywide Projects Committee (FCWPC) discussed this item at its June 28, 2012 meeting. The Administration explained that the draft resolution and accompanying guidelines entitled City Officials to receive two (2) tickets to a single/performance event and that 70°/o of the remaining tickets are distributed to deserving members of the community, 15% distributed to others such as organizations that assist in promoting and marketing the City through a municipal marketing agreement with the City or to persons and/or entities that have made special contributions to the community; and 15% distributed to employees through an Employee Recognition Program. Furthermore, on an annual basis, an advisory committee would review and recommend a list of deserving organizations and/or groups eligible to receive tickets and that the list shall be reported to the City Commission. City Officials who do not use their tickets must return their tickets and tickets will subsequently be offered following the aforementioned procedure. The Committee recommended that the item be brought back to the Finance and Citywide Projects Committee for further discussion and then brought to the September 12, 2012 Commission Meeting. The Committee expressed concern that unused tickets returned at the last minute would go unused and requested more flexibility to distribute those to employees in that situation. The attached Resolution has been amended to reflect a reference to Exhibit A for the listing of allowable public purposes and to reflect the reference to administrative guidelines for the distribution of tickets. This also reflects language in disclosures referencing the responsibility of the receiving party to know which public purpose they will use the tickets under. This also includes Exhibit B which is an addendum to the guidelines and recommendations regarding "public benefit" clauses in certain government contracts: Public Purpose. The Administrative Guidelines for Distribution are also now attached as a stand-alone document (Exhibit C), as requested at committee, and further amended to include the recommendations of the Committee in terms of flexibility. FINANCE AND CITYWIDE PROJECTS COMMITTEE~ July 26, 2012 The Finance and Citywide Projects Committee discussed this item again at its July 26, 2012 meeting. The City Attorney and Administration explained the draft resolution and accompanying guidelines and discussion took place. Most of the discussion focused on whether or not elected officials will be able to offer their tickets to another entity or individual. The Administration explained the attached draft resolution and accompanying guidelines require unused tickets to be returned to the City Manager's Office for distribution according to Distribution Process (Exhibit "C"). The Administration also explained that a webpage will be created on City's website to show how the tickets are being used. The Administration revised the City's ticket distribution form to include space to easily list public purpose when tickets are distributed. The FCWPC moved it to the Commission consideration. CONCLUSION The Adminsitration and City Attorney recommend the Mayor and City Commission adopt the resolution. ATTACHMENTS (A-1) T:IAGENOA\201 2\9-12-12\Complimentary Ticket policy Memo.doc 3 315 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING CITY OF MIAMI BEACH RESOLUTION NO. 93w20694 WHICH ESTABLISHED THE CITY'S COMPLIMENTARY TICKET POLICY, AND SUBSTITUTING THEREFOR A COMPREHENSIVE POLICY STATEMENT OF THE CITY OF MIAMI BEACH REGARDING ITS USE AND DISTRIBUTION OF CITY TICKETS TO EVENTS AND PRODUCTIONS OCCURRING AT CITY-OWNED VENUES AND/OR CITY-SPONSORED EVENTS. WHEREAS, in 1992, the Florida Commission on Ethics issued its Opinion No. 92-33, holding that City of Miami Beach elected officials could legally accept complimentary tickets from the City (obtained via negotiated 'public benefit' clauses in City contracts) to performances taking place at City-owned venues, subject only to the requirement that public disclosure of such ticket receipt be made by the recipient/Officials on quarterly gift disclosure forms; and WHEREAS, reliance upon this opinion of the State Ethics Commission, the City of Miami Beach adopted its Resolution No. 93-20694, in which the City Commission formally established a procedure for the City's distribution of its tickets to performances taking place at City-owned venues, whereby designated municipal officials and deserving members of the community would receive complimentary tickets to such productions; and WHEREAS, as a result of a 2011 joint investigation by the Miami-Dade State Attorney's Office and the Miami-Dade County Commission on Ethics ("COE") the City of Miami Beach's negotiations with the New World Symphony (finding no wrongdoing), the COE scrutinized the above-referenced ticket distribution process of the City of Miami Beach as well as that of Coral Gables, Hialeah, Homestead, and Miami-Dade County; and WHEREAS, the COE consequently issued its "Guidelines and Recommendations regarding 'public benefit' clauses in certain government contracts," which although not legally binding upon the City of Miami Beach's ticket policy determination, have been stated by the COE as a suggested method of "ensuring conformance" with applicable ethics rules; and WHEREAS, pursuant to the City of Miami Beach's continued commitment as a leader in government ethics, and in recognition of the requirement that municipal resources be devoted primarily to public purposes as determined by the Mayor and City Commission, the City has conducted public meetings for the purpose of evaluating its complimentary ticket policy with the COE's subject Recommendations; and 1 316 WHEREAS, having assessed citizen comment and public need, the Mayor and City Commission determine that the continued distribution of complimentary tickets to disadvantaged youths, senior citizens, non-profit organizations and other individuals who may not have the financial ability to purchase tickets to cultural events serves a public purpose, that public purpose is further served via the distribution of tickets to exemplary City employees and other notable members of the community, and that the ability of designated City officials to attend such cultural events as official City representatives for the purpose of monitoring and evaluating such events and the quality of performances therein, and/or monitoring and evaluating the value City- sponsored events and their compliance with City policies, agreements and other requirements further serves a public purpose; and WHEREAS, the City thus hereby establishes the following comprehensive municipal policy regarding its use and distribution of City tickets to events and productions occurring at City-owned venues and/or sponsored by the City, with said comprehensive policy serving as substitution for, and in repeal of, City of Miami Beach Resolution No. 93-20694. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION I. APPLICABILITY OF POLICY In order to establish a fair, equitable and transparent process for the distribution of its complimentary tickets, the City of Miami Beach thus hereby establishes this Comprehensive Complimentary Ticket Policy. This policy shall apply to tickets or passes for admission to a facility, show, event or performance for an entertainment, recreational, amusement or similar purpose, which are provided to the City of Miami Beach: (i) pursuant to the terms of a contract/agreement/lease for the use of public property within the City's boundaries; (ii} because the City of Miami Beach controls the event; that is purchased by the City of Miami Beach at fair market value; (iv) or otherwise received from an outside source and which are provided without charge by the City of Miami Beach to personnel as designated herein. Tickets or passes purchased at full face value or fair market value of the ticket, as appropriate, by the official using the tickets are not subject to Policy. SECTION II. PUBLIC PURPOSE The distribution of any ticket by the City of Miami Beach shall promote a public purpose, which purpose shall include those delineated in Exhibit "A" to this resolution.1 1 The County Ethics Commission issued an "Addendum" to its "Guidelines and Recommendations," outlining specific 'suggested permissible public purposes' for use of public benefits, which grounds are adopted and incorporated herein by reference. (See Exhibit "B," attached hereto.) 2 317 SECTION Ill. DISTRIBUTION OF TICKETS A. General Provisions. Distribution of tickets be in accordance with the public purposes stated in Section II above, and be subject to the following: 1. Such tickets shall not be earmarked by the original donor for use any particular recipient of tickets. Notwithstanding, any tickets provided to the City pursuant to a negotiated complimentary ticket program in a public benefits clause which delineates a specific deserving organization or group as the recipient of such tickets in the lease, contract or agreement with the City, may be provided by the City to that specifically identified deserving organization or group. 2. The City of Miami Beach determines, in sole discretion, which individual and/or entity shall receive the tickets, in accordance with the Distribution Process set forth below. 3. No person receiving tickets pursuant to this Policy shall sell or otherwise transfer any ticket, or receive any consideration for the value of any ticket. Nor may such ticket recipient use any ticket for political fundraising purposes. Notwithstanding the preceding, the City may sell any tickets received pursuant to this Policy (if resale by the City is permitted by the donating entity) if the proceeds of such sale are intended for donation to programs and services rendered by community and other non-profit resources for the benefit of the community, including artistic and cultural organizations and institutions. 4. If a ticket recipient cannot use any ticket, that person must notify the City Manager's Office promptly and return the ticket to the City Manager's Office. Failure to do so will result in that recipient being ineligible to receive future tickets. Such returned tickets shall be distributed by the City Manager's Office to any of the persons/groups within the distribution categories set forth immediately below in Ill B. 5. All recipients of tickets must sign a form acknowledging the terms and conditions of the City of Miami Beach's Comprehensive Complimentary Ticket Policy, as reflected in this Resolution. B. Distribution Process. Tickets received by the City through a complimentary ticket program, or otherwise provided to the City for distribution, shall be distributed in accordance with established Administrative Guidelines set forth herein within the attached Exhibit "C," as may be amended by City Administration from time to time (amendments to be publicly noticed via "Letter to Commission" which LTC shall be posted on the City's website). Such guidelines shall serve to ensure that the tickets distributed promote an established public purpose. SECTION IV. DISCLOSURE REQUIREMENTS A. City Disclosure. The City Manager's Office shall maintain a log detailing the distribution of City tickets 3 318 pursuant to Policy. The log detailing the distribution of tickets shall be posted by City Manager's Office, no less than once every quarter, on the City's website by no later the 1 day of the month following such quarter. Such posting shall include the following information: 1. name of the person receiving the tickets or passes, except that if the tickets or passes are distributed to a deserving organization and/or group, only the name, address and description of the deserving organization and/or group, and the number of tickets or passes provided to the deserving organization and/or group, may be posted in lieu of the names of individuals from the deserving organization and/or group that received the tickets; 2. A description of the event; 3. The date of the event; 4. The face value of the tickets provided; and 5. The number of tickets provided. B. Recipient Disclosure. 1. City personnel receiving complimentary tickets shall disclose their receipt of tickets via the timely filing of gift disclosure forms, in accordance with State Commission on Ethics Opinion No. 92-33 (forms available through City Clerk's Office). City personnel shall be responsible for ensuring that the tickets received promote a public purpose, consistent with the City of Miami Beach's Complimentary Ticket Policy. Tickets which are provided free of charge may have tax consequences for the recipient and may be reportable and taxable as regular income or as taxable fringe benefits to a recipient. All recipients of tickets must consult with their own tax advisers to determine the reporting requirements for income tax purposes, as well as the tax consequences of any tickets received. SECTION V. EXCLUSIVITY OF CITY'S COMPREHENSIVE POliCY A The matters set forth in Resolution shall serve as the City's Comprehensive Complimentary Ticket Policy, and it shall be referenced in all future "public benefits" clauses of all City contracts, and shall be further posted prominently on the City's B. City Miami Beach Resolution No. 93-20694, constituting the City's former policy governing complimentary tickets, is accordingly hereby repealed in entirety. PASSED AND ADOPTED THIS ___ day of ___ , 2012. ATTEST: Mayor Matti Herrera Bower City Clerk 4 319 EXHIBIT "A" ACCEPTABlE 4PUBUC PURPOSE' USES (BY CATEGORY) OF CMB TICKETS (PER CMB RESO NO. , 11.) 1. Economic development of the City, including the promotion/exposure to, marketing and awareness of tourism, nightlife, recreational, educational, and cultural facilities or attractions on City property or awareness of the City as a regional destination, economic asset or business opportunity; 2. Promoting or showing City appreciation for programs and services rendered by community and other non profit resources for the benefit of the community, including artistic and cultural organizations and institutions; 3. Advertisement and promotion of City-controlled or City-sponsored events, activities, or programs, public facilities and resources; 4. Monitoring and evaluation of City venues and the quality of performances therein (in particular, attendance at opening day events at City~owned venues), and/or monitoring and evaluation of the value of City-sponsored events and their compliance with City policies, agreements and other requirements; 5. Information gathering and education regarding matters of local, regional and state wide concern that affect the City including enhancing intergovernmental relations through attendance at events with or by officials from other jurisdictions; 6. Promoting, encouraging and rewarding educational and athletic achievements by students and officials of local and regional educational institutions; 7. Promotion of City recognition, visibility and or profile on a local, state, national or worldwide scale, including exchange programs with national and foreign officials and dignitaries, and as part of any marketing promotions with municipal marketing partners, or as may be required by contractual obligations with municipal marketing partners; 8. Attracting and retaining highly qualified employees in City service, including special recognition or reward of meritorious service by a City employee; 9. Performance of a ceremonial or official function on behalf of the City, not otherwise set forth above, including but not limited to the following: a. Hosting leaders of community service organizations (organizations that serve the disadvantaged, senior citizens, disabled, ill, children, etc.), dignitaries from municipal, county, state and federal governmental entities; dignitaries and business leaders from other countries; youth groups, student leaders, and recipients of awards; and/or elderly, disabled or low-income City residents; 320 b. Hosting constituents as (a) a designated official appointed by the City Commission, or (b) upon invitation of the event(s) organizers or some other person or entity authorized to extend such invitation; c. Hosting groups of employees being specifically recognized for job-related achievements; d. Being officially recognized by sponsors of event in a printed program or other public announcement; e. Performance of one of the following functions in one's official capacity as (a) a designated official appointed by the City Commission or (b) an individual invited by the venue: 1. Introducing organizers, participants or dignitaries; 2. Recognizing the contributions of organizers or staff; 3. Receiving or giving an award or other special recognition; 4. Giving a speech; 5. Greeting and welcoming attendees; 6. Ribbon cutting; 7. Leading the pledge of allegiance or national anthem; 8. Acting as a Goodwill Ambassador, as designated by the City Commission; 9. Assess facility needs, proposed changes and constituent concerns in response to a documented complaint specifically addressed to the attendee. 321 EXHIBIT "B" MIAMJ~DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST: ADDENDUM TO GUIDELINES AND RECOMMENDATIONS REGARDING "PUBLIC BENEFIT" CLAUSES IN CERTAIN GOVERNMENT CONTRACTS: E!UBL!C f!URE!QSE (PER CMB RESO NO. , II (f.n.#1 )). (see attached) 322 ADDENDUM TO GUIDELINES AND RECOMMENDA.TIONS REGARDING "PUBLIC BENEFIT" CLAUSES IN CERTAIN GOVERNMENT CONTRACTS: PUBLIC PURPOSE 3H is the intent of these guidelines and recommendations concerning the distribution of tickets and other public obtained by govermnental entities through or other of public to assure that these benefits, which are property, shall be used and distributed a public purpose. The behind these is to curtail the private usc of these public benefits by goverm:nent officials employees for their own personal benefit, directly or indirectly. In addition, these are established to provide guidance to such officials and their employees, as well as in order to avoid possible future misuse such public resources. It is hoped also increase public confidence the of govemment in its use such resources, as as help to remove the that elected and other govemment officials distribute these puh11c with unfettered discretion and for purposes inconsistent with the proper of public property. it is the guidelines and recommendations to make clear that public benefits be utilized under certain permissible circumstances elected and other offidals and employees where tl1ere is a genuine, legitimate and articulable public purpose involved. To that end, we have set :l:orth a list purposes government staff and to when it is appropriate to use, for themselves or others, public benefit_<; contemplated by these guidelines. The foregoing list is not exhaustive. The ,__.vuu'"""""'" Ethics is to an to an inquiring public vu'"'''"'' use or method of distribution is ethically A. PERMISSIBI,E PUBLIC PURPOSES FOR Olrli'ICIALS~ STAFF AND EMP'LOYEES to promote economic development; L Host 2. ""''"unnu•y service organizations that serve tlte disadvantaged, senior disabled, ill, children, 3. Host dignitaries from municipal, state and federal govet'U1li1Ctltal entities; 4. Host dignitaries and business leaders from 5. Host youth groups, student and 6. Host elderly Miami-Dade 7. Host disabled residents; 8. Host low-income residents; 9. Host constituents as; a designated official the Commission, or some other person delegated that or (b) upon invitation of the event""<'>""'"''.,·'''" to extend recognized by the sponsors of event in a printed program or public axmouncement 12. one ofthe following ftmctions in one's official as: a designated official by the Commissiort. Chairperson, Mayor or other person delegat.;;d that responsibility, or an individual invited by the venue 1 323 a. Introducing organizers, participants, or dignitaries; b. contributions ofthe c. d. c . .f. Ribbon cutting; g. I .eading the pledge of allegiance or national anthem; h. as a goodwill designated the Commission/ Chairperson, Mayor or other person qualifted to that 1. proposed and constituent concerns in response to a complaint specifically addressed to the attendee; j. Attending the opening day game or pedonnancc County/City- ovmod facility. B. OTHER PERJ\USSIBLI!~ USES OF PlJBLIC BENEFITS l. Distribution to residents on a first-come, first-served basis or by lottery; 2. to members of the public, with the going to fund or a specially-designated purpose; 3. Return to donor in exchange Jbr monetary value, with the approval the governing ofthe County/City~ 4. Allocations to: a. h. Schools/students or youth athletic leagues; e. Bona fide organizations that represent have no affiliation with the fue benefits or the official's immediate family; d. Co1111nunity distribution to individuals by 5. based upon their contributions to the b. who have made special to the conmmnity7 as established defined c. Unclected members who serve pay on County/City boards; County, State and/or federal or local officials fi·om other in of significant assistance to the local government; d. Businesses a:n.d institutions which have contributed to the welfare of the f. Visiting dignitaries or 2 324 EXHIBIT "C" ADMINISTATIVE GUIDELINES: TICKET DISTRIBUTION PRQCESS (PER CMB RESO NO. , 111(8)). i. The following Officials shall each be entitled to receive two (2) tickets to a single performance/event An Event shall only one performance during production engagement or nm at the City vrtnues or for the City-sponsored event or other event ,. Mayor and City Commissioners @> City Manager "' Attorney 2. The remaining tickets shall be distributed as follows: a. Deserving Members of the Community {@70% of remaining tickets} The City Manager shall create an advisory committee to establish a list of deserving organizations and/or groups eligible to receive tickets. Such advisory committee shall meet no less once each year to review the list of deserving organizations and/or groups eligible to receive tickets. Deserving organizations and/or groups on the list shall be eligible to receive, on a rotating basis, a maximum of four (4) tickets to a single event. list of deserving organizations and/or groups eligible to receive tickets shall include the following categories: 111 Non-profit (legally established tax-exempt) agencies who serve residents of the City of Miami Beach, for distribution to individuals served by the agency; w Local educational institutions for use by deserving students; • Senior citizen, disabled persons, and disadvantaged youth who: are residents of the City; do not have the financial ability to purchase tickets; and, participate in any City-sponsored program. On an annual basis, the advisory committee's recommended list of deserving organizations and/or groups eligible to receive tickets shall be reported to the City Commission. b. City Employees (@15%) of remaining tickets) The City Manager is authorized to create an "Employee Recognition Program" setting forth defined criteria for the award of tickets to exemplary City employees. This Program shall entitle each selected City employee with two (2) tickets to an event City employees shall also be eligible to receive two (2) tickets to an event on a first-come, first served basis. 8 325 City employees may not use tickets for an event if the event conflicts with the employee's work schedule and the employee has not secured the appropriate or permission of his Department Head corresponding Assistant City Manager. In the event that no City employees are provided or request tickets, these tickets may be distributed to deserving organizations and/or groups eligible to receive tickets pursuant to the criteria in Section Ill (B) 2 (a) above. c. Others (@15% of remaining tickets) d. The remaining tickets may be distributed by the City as follows: The C!ty may create a ''Special Incentive Award Program" for the purpose of distributing tickets to persons and/or entities that have made special contributions to community, or to individual civlc leaders. Including visiting dignitaries. This Program shall have defined criteria, and such criteria shall bo provided to the City Commission; ii. The may provide the tickets to organizations that assist in promoting and marketing the City through a municipal marketing agreement with the City, to the extent that such use is permitted by the entity providing the t!ckets. 9 326 EXHIBIT D MIA. I BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM FROM: Jonah Wolflon, Commi~loner,. DATE: March 141n., 2011 Plea'e p!lc& on the April13111 ,2011, Commission meeting 8glnd11 mfe~l to the Finance Commilte11!1 on the auched memorandum and proposed ordinance. lf you have any quMtklns, plaase do not hesitate to contact Leonor Hamanaz m extension 6437. JW/lh Si :S . 91 liU4 ' ' :· ·" ·: 'J • ol .:~ ~ i ~ •~~ \.,r) ,...;:., 15 327 " March 12, 2011 MEMORANDUM FOR: Commissioner Jonah Wolfson, City of Miami Beach FROM: Frank Del Vecchio, 301 Ocean Drive, Apt 604, Miami Beach, FL33139 SUBJ: Ethics Guidelines for Acceptance of Gifts, Favors or Services by City Employees I rocommend enactment by the city commission of a standard a( conduct prohibiting the city's officers md employees from aooepting a gift. favor or service discounted below fair market value from 1m entity doing business with tM city or from a lobbyist Section 2449 of the Standards of Conduct" Acceptance of gifts, favors. services", is the appropriate sootion of the city code fo::-such an a.mendrmmt [Att!l.Chment 1.] Also attached is a reprint of the United States Department o:f Justice Ethics Offict:: Thmdbook on acceptance of gifts by federal employees. [Attachment 2.] In also atta,cht~a Outside Soun;;e,s" standard ATTACHMENTS: Recommended amendment to services, .. ] lilppHcable to "Gifts from recommended addition to by Rule. 16 328 Amend Article V:U. Standards of Conduct, of Part II, Subpart A, Chapter 2, Miami Beacb City Code, by adding a sentence to Section 2-449; the amended subsection to read as follows: [Language added underlined.] 11 329 EXHIBIT E propos~ altam£~~tiWI for tha Feltlval of the Arts. 2. Dl~ew.~lcm r11g1nUng 1 propCM~~~Id ordh11nce on d'tl~ guidlilnP tor locttpt.ance of gift~!, favoN, or sutrvit.:el by City employeea e&JION The Comm~ ~mm«ln•d thatt AdminiMntti~·.ut monitor ttl® county ethics guld4illllnu for a:u~eopwnce of ;lb, t.llvom or R~~Vicu by 11111~ 1nd City EmployMit 1nd providi!l ® liiiWWII report to the FirumC~ & Citywfd1 Proj~ comml~. Commissioner Jormh Wolfson lntroduc::ed Frank Dei Vecchio, Mimnl Beach RIOO!dent1 who pruented thet item~. Mr. 011 Vecchio pro~ that tha City Comm!•lon implement a 11imndard of conduct prohibiting the City's Offlc:em and Employ~ tom i.iCQ~ptlng a gift, favor or tleMoo dls001.1nted below 11alr ~ ~ue for , ·tm ~ d6il1g ~ with the City or from I lobbyist. Mr. Del V~o p~ el®nptE!$ from thfl U\1~ ~~~of Ju61tlce Eth~ Office H$ndbod< on~ of gmt by·~ empk}yees. O~lon oosued. City ~ J~ Smith *00 that Milmf..Oade County ia ~I'IUY mvlawtng the lasua 'TNlt Com~ rooommem:iEKI that Admi~ mtmlor thl oounty regarding thla il'l~Uetnd pmvidtl btut ~on to tM Flnanoo & C~dl Projst:mli Commll:tea. 3. Dileuulon mgan:Ung Security Ai111nca 6QIJOH Thllll Commitih m~:~om~m~~ndld that the Admlme~ ~In ttw RliquMt tor Pmpoalm (RFP) pmCUB for security ~rv&coo a:nd ineh.tc:le tim new crl'l!lrim ~m~~ntloMd In the mHt!ng a~~~& psrt of tM ~tvalul!ltlon p~. Procurem~ent Division Olmdor Gus lopm; prewmed till imm. ~inning In or around at least the late 1990's and oontmutng untii in or m'Oood Mm'd'l 2007, too d~~&fendsm, JAMES B. LOFTUS, JR., ·and Brlln W, Oueildll& OOCU~ high- l~l 1001.1rity posttions at Room$ To Go ("RTG~). Which wu llll Florida ~ with HI prinoiPf!AI pi~ of bti$iness In the Mlddlllll Ol$bid of Florida. In those po$!tlonS~, the dqfldant and Oullllllm Wll.ilre _given ISUb®l:rial discretion by RTG to handle ~urity~ related matte!'lll!ll1'1.tr!Jeted to them. Without RTG'I ktl~ge 111d IPPfOVII, howaV&r, the defendant and Ouli!lllele ~!llted, ~ other~. l,.d. 49 Ant.. end Wiley Management Corp. ("Willy Mt\Naglll$mertt"), ~ly to ~!Mil h~ to ~iy mO®IVE~ k!~ from Ean oul:lldiGD wcurity A.l!flim~ f.J..C} ~ Sawrlty Alllenoo of FIOOda, llC ("~ :a EltamJrlty gua!"d$. Unbl~ to RTG. oompany, Choice M~Brtillgllllment Solutiont, llC (~Choice Management"), to make th~M~a !dckMck ps&ymenm to I:N! ~~and OUella. To oortoeml and oov®r~up thM@ ldoid:uEks from RTG, thllll dEBfendant end Ouelln, among oU"tar things, ~ly prepsmd ahem lnvoiOOJS aadmsed to Security Alliance and Choice Ma111gement which frnudulently lought payment for ~oonsulting" M~Vioos, and which mquirl!id that such payments be ml!Kie Indirectly to the deftmdam and Ouellette 2 330 EXHIBIT F CBO 92-33 -July 17, 1992 Page 1 of4 CBO 92-33 --July 17, 1992 GIFT ACCEPTAl.~C.EJDlBCLOSl:J'.'RE CITY COM'.l.\1'ISSIONERS :RECEIVING TICKETS TO EVENTS AT CITY~OWNED AUDITORIDM To: (Name witM~Jld at the person's req:uept,) City oommis&Cll:lim l:m.ve :roomved a gift, oot a benefit of offioo1 when the city gives fue:rn a block of tic'k::em to pmo:rmJm.Ces at a munioip!illy-oWlled theater, which ticket.!! tlle city ~ivea M a cond.itio:a of its le!We a.green:um.t vvith t1:!.e p:roducw:a. Howevar; the:re is oo indication that the tickets are :in.di:tect gifts from a lobbyist or from a partner. fum. m:nployar, or principal of a lobbyist who lobbies the city con:m::tisaion, and there is no mdica:tion that the city contr:!wt ~« is a lobbyist who lobbies the city oommt.moo for purposes of Section 112.3148. Florida Stamtes. Thus. the members of tl:u:t city comm.issl.on may ru::oopt the sets of tic'k::em, but whm:e the comb:ined face value of a set of tic:lwUt ®'lt.oeeds $100, the ~it:mers muat disclose the:!:n q~ly on CB Form 9. CBO ~is referenced. QUESTION: ~e a. city, by c~ receives tl.okm: to events at the city-owned ~tel'. md whm'e the ticbts a.re divided among the members of the city oomm.issio:u fm: eithw: tMi:r personru uae m: to distribute to othm at ti:l.eir discretion, have t1:1.e m~ of t1:!.e city eo~sl.on received gifts which are subject to the gift aeceptm:toe and di!iicloliiUre provisioM of Sootion 112.3148, Florida Statutes? m your initi!llletter of inquiry and ~b. ~bsequem ~n~ md. di~ons 'Wi'th our BW!, we are ad.Md that the City ofMimm Be!lbh owns and operstes a pw:fo~ m:!:$' theat« ~e Broadway shows, ballatn1 and oo:n.oort!ii a.re offered to 'the public. You advi~ that the City hu mt«oo into wo different co:n.t:racts involving periorm.mces at the th~. For no:u~Broadwuy shows,. the City hu a oontmot with a. ma.ua.gement oompru::~.y which specifies that 'the City will be :p:ravi&ld 26 ticketE per pm~e fat C~V«Y l:W'• m.goo. at the tb.ellt«. For Bluadway the City oo~·rurootiy"ith a p~. tmd ~ co:utmot ~ the -ptodueet to give t1:!.e City 20 ti©k:& :fur the op~ • p~ md ti~ f<>r each~~~·~ of the ~s nm. ~for a ~ Bromway show~ the prod~ giv®S tl:m City a toUU o.f 110 ticlmb, and eaoh ~ ~ves 20 ticlmtll. The distribution of tickets is effected in the followini miDl'l'l«'. Prior to. any show o:r event, the City Co~t ~tor plaoos each Commisldo~s ~tmmt· of tidt«s in m ~vl'IOOpt\ md the en:velopes ue distributed to the Comm:imlioners by p~~ in 'tbeMayQt.s Ofd®, Comm:ismo:uem ue tWm. free to wse m: distn~ the tl.okets to others at 1:heii ~'tioo.. You ~the ~ty of the gift provisions ~oo in ~ Florida. $~ a well e. the Commission's rules promulpred in~ M-13, Florida Admintmirtive C~ 'to~ sitwttlon. Section 112,:312(12). Flolidt\ ~ them~~~ of 'the term" gift11 : 'Gffi.' for purposes of etbic:s in gove;mment lmd ~ diaclomre http:/ lwww .etb.ics.state.fl.tW'opi:niOll!l/06/ .. %SC92 %5CCE0o/G2092.~033 .:b.tm 6/25/2012 331 CEO 92~33-July 17, 1992 required by law, me!l:l:lS that which is accepted by a. donee or by mothewr on the donee's bal:mlf, or that 'Which is ·vcm to another for or on behalf of a. donee, directly, indirectly. or benefit or by any other mems, for which equl or gtMW consid«t!.tion is not given;. moluding: 10. Entrance feet, admission feem, or tickets to events, pmo~ces, or fi'Wilities. 14. A:ily other aimilru: service or thing having m attributable value not already provided for in this section. 'Gi:Jll does not include: I. Salary, be:n.e::fits, services, fees, commissions, or expenses associated with the recipienfs elllployment Page2of4 We are of the view th.at the tickets provided to the City as a condition oftl'le contl:iicts the City enters into with ita ml:lrul@;~ company rm.d producers would not be considered '1gi.:EI;s11 to the City. as it appem tl:w.t they are a. part of the oonsidm't!.tio:n the City receives for leuing its a:rulltorimu. Bvm if we did oo:n&det the tickets to be gifl:s to the City, Section 112.3148, Florida S'tatutes, does not prohibit the giving of gifts to govemmcmtal mtities. See CEO 92~ 12. With regm:'d to the complimentary l:icl<ets t'hat the City receives md t.he:n distributes to its Co~flion~ Rllle 34-13.210(2.), Florida~trative CoM, pro"Vldea: Where tbb donee ill being reimbur&oo or provided by his public !ii!!!MY for 'l:n!.vel or expenses mOOTToo m the pmon:nmce of public duti~ th111 do:nee hru! wt :received l!i gift when a. public purpose for the exp~ mats. SW"y. bmofits, sm:vicea,. fees, or OM expem;es roomved by a public officm or 111'lllployoo from his or hm: public agency do not oonstitme gifts. It is our view tlm.t these tickets would not be oo:nsid.m:'oo "benefits 11 uacoiatoo with ~ City Comm:ismonm' pub& .office. Twenty tickets to a Broadway Show was not the type ofbtmefit we had in miwi when we promulgated this mle. The 'lllle of the term. 11 benefits" in R'!lle 34-13.210 was mtmded to convey those benefits typically aS~~ociared with one's employmoo.t. such a.a health ~e. sick leave, or pmd ~ It wrus uot intended to include 81.1.Ch perquisites as a 'l.a:!:p nm:n.ber ofticlrets to thea:tm pd~, ThWl. W'@ m of the vie'W tb.at these ticket£! are not a bm:llifit of offioo ti:W: would :precll.l.I:W th®m :tom being oormidered a gift The focus of om ditwusrutm. then tu:ms to Sootion 112..3148, Flori& Statutes., which provides in relevant part: (2)(b) Lobbyist merm.s my n.atural person who, for compwsmon. aeeb» or IIIO'Ught during the preceding l2 mon:tl:ul, to infl;uem:e the govenm:umt& dooiaionmwg of a reporting individ'Ml or procmrm.'l'.Wllt ~!!!!!ployee or hl.i agency or sew$ or sought du.ril:l.g the precoomg 12 months~ to encourage the pusage, defeat. or modifica.tion. of my propoaal or reoommen&tion by the reportmg individual or proourei:nmt employoo or 'I.Iia agmcy. With respect to m a.gm:wy that ~ ootablishe~ by l'Ule, ordimln.ce, or law. a :re~on or ok deaignation proeeaa for per!IO:nil seeking to infl~ dooisiox:m:tllking or to enoourn.ge the paasage., defe£, or modification of any proposal or rooommenda:tion. by mch agen.cy or m ~!!!!!ployoo or official of the agency, the term "kibbyigt11 includes only a penon who is required to be registered or otherwi.lile designated u a lobbyist in acootdmce with such rule. ordimln.ce, or law or who was 332 6/25/2012 CEO 92~33 --July 17, 1992 dming t1:w preceding 12 months :req~ to be registered or otherwise dooigruJ.ted u a lobbyist in accorrumce with such rule. ordinance, or law. (4) A reporti~ individual or procu:rement employee or my other person on his behalf is prohibited ftom knowingly accept:ing, directly or indirectly, a gift :from a political oom.mittee ('Jt committee of continuous mstence, as defined in a. 106.011, or from a lobbyist who lobbies the reporting mdividual's or proct'!J.'ement m:nployee's apncy, or directly or indirectly on behalf of tbe partner, fum, employer, or principal of a lobbyist. if he knows or :re.asonably believes that the gift lwl a value in excess of $1 OD; however, moh a gift may be accepted by such per!SOn on behalf of a government& entity 01 a charitable o:rglll:lization. If the gift is accepted c::m behalf of a gov~tal e.utity or ohm:imble orglmizatt01.1, the pM"oon rooe:iving the gift shall not main:tain ct:Wtody of tl:l.e gift for my pmod of time beyond that reasonably :r:u.::oossazy to ~e for the i:rim.afer of custody a:nd ovro.erahip oft'he gift. (5) A polltioa.l oommirtoo or a committee of continuoJJ.S ~e. as ®fined ins. 106.011; a lobbyist who lobbies a :reporti:llg mdividwll!a or proourtm:tant employoo'a agency; the partner, fum, mnpmyer. o:r principal of a lobbyist; or mother em belW£ of the lobbyist or p~. ~ p:t'i.nci:pal, or aployer of the lobbyist is prohl"bited from giving. either dirootly or indirectly, a gift that hu a value m exce~~s of $100 to tl:l.e :rew.portmg iudividud or proomern.eni employee 01 my otlmr parson on his bll'llW£; however, such person may give a gift having a vru:ue in mroass of $100 to a repmt:i:ng individual or proctm:ml.W employee if the Wit is intended to be ~ to a governmental entity or a e.l:lm'itable crg~on.. (6)(a) Notw'itbsmnciing the provisions of subsection (S), m entity of i:'M legislative or judicial br~ a departn:len.t or com:m:inion of t'he exeome bnmch. a cow:rty. a m'Wlieiplility, m airport authority, or a school bosrd may give, ei~ dirootly o:~: ~. a lift ha:v~ a vti1.1e in excess of$100 to any repoJ:"tins hutividu& m pro~m.t mplo~ if a public p1.ll:J.lose can be shown for i:'M gift; •. , • (b) Notwiwtrmding the provisions of suhseotion (4), a reporting individual or procurement employee may oocept a gift hAving a vruue in excess of $100 from en entity of the legislative or judicial branc.'h. a d~ent or com.m.ilssion of the cnooutive brru:tcl:i, a county, a municipality, an airport authority, or a school board if a public purpose mm be shown for the gift; . . . . Subsection 112.3148(4) would prohibit a City Commissioner ftom aoo~ting a gift vvitb a value in excoos of .1i 1 00 :from a lobbyist who lobbies tile City, or :tl:om ~ ps.rtuer, fi:rm, employer, or principal of a lobbyist. While we recognize that public m:n.ployoos mm md do attempt to influmce the official aetions of the officm of their public ageroy, we do not believe that the definition of 11lobb::yist" was i:n:tooded to encompass sueh pm'ISOus m Wt thcir duties 'With resp~t to their own agen.cie~s constitute "1obbymg.'' Nor is there my indication t:hat the City: O:mtra.ct ~ thir. i.nstmc© ia acti:tl.a on behalf of a alobbyiit who lobbies the City. Acoordinglyt it is our view tha.t Seoti Statutes, is inappliooble to this ~o. Subsection 112.3148(5) prohibits a. tobbyist who lobbies the City of:Miami Bmwh. or the pm:'l:ner, :fi:rm;. "employer, or principal of a. lobbyist. ftom directly or indirectly giving a gift with a. valulj itt ~~ of $100 to mmnbera of the City Com:miasion. For the reasC!llB stated in the foregoing pa:rq;ruph. we do 6/2512012 333 Page4of4 not oomldm' the City Contract Manage as a lobbyist who lobbies the City Co:mm.iooion. or u thfi p!!.rl:ill!l!1 fum. en:tplCI'}'«. Ot prl:i:l.,cipal Of !11. lobbyist. 'J.'l:rus, Subsection 112.3148(5). is slao mapplioabl!:l to erur·~. With mgri to Su.b~ 1U.3148(6)t Florida Stl.l.tures, we o~ thia prt>vision u m ucep:tton to the pmhibi~ ~ed m.Su.b*~ 112.3148(4) m:l.d 112.3148(5). Florida s~. 1m govt~mmml mtm®S whom~· or ~ample. were ~City to =nploy a lob~ lcbby '!he~~ am md wl:!m'e me City gave ~ ~ of L1:!~ th~c ti•ts worth more tb.a.n $100, than Section 112.3148(6). Florida Statutes. would be a:pplicable end a public purpose would have to oxist both for the City to be able to give the ti~ to the~bm tift'l:w le~!ature. and for the le~ to be abw to aooept ti:lb ti~. W(ll do :not~tJ.etnf:tmtitm~i'U UGto bo Qn£j ofthla type. md Wei therem find Section 112.3148(6) . to be inapplioable. As neither Su.bseciions 112.3148(4). (5). :nor (6) appear to prohibit the m.em.bl.m'l. of the City Commim.don ftOI!l aooepting tl:l.a tiekats '!:be City rooeive!l pmm1mt to ita various oontracts. we m:e of the ~ t'l:lat the City Com.m.issio~ may accept the ti.clmts but must d.isclose than in accordmco with SUbsection U2.3148(8). Florida S!:atutes. Thm, where the fa.l::e value of each oot of ti~ a Commis!rlo!lm' :receives exo~ $100, the· Co~sicYWr m:wrt disclose the sets of lickets qumtedy on CB Form 9, wh:ioh we h~ve p:romulgal:OO. specifically for this purpose. Yom i:nquity is aruJw~ aooordingly. 6/25/2012 334 :IWSOLU'flON NO. A RESOLUTION 0$ ~EE CITY COMMISSION OF THE CITY OF MIA*! BEACH, FLOR!~A, PROVIDING THAT COMPLIMENTARY TICKETS FOR Pi!lRl'OmmNC!'.lS UP EVENT!'! liT TO'l?A lWP Tlni! COI.f\7¥.\N'J.UCl'N CENTER mt:U::l! WO'!JL!l O'J.'mlR1US!!i lli'l IUJCSIVSD :me TiU! W\'li:O:Q, CJ:W'\: CO:MJ«XI'lliliONml'llil Abro CIT'l flNl?'LO'll:l!:EII 11>:\QLL :S:!:Wl!lrt'WI!:l:l lilli! W\Dl'li AVAI:r..:Alll.B TO l':l!B:!IDVANTAill::tl YotiTXI'!l, DI!lll\'EJL!>D 'Pl!ll't!>ONS:, S!lNlOM CJ:.tTUFJNS AND oTlUlR :nn>.tV:tDUALS Wl!O l:lO NOT lnVFJ THE FXN~WCIAL AnlLI~Y TO PURCHASE TIC¥ETS ,OR CULTURAL .lilVJilNTS, i ot: Mlam:l Beach Tl:uaater· o:l' the Petforming Arts (TOPA) and the Miami Beach Convention Center, the Mayor, City Commissioners and City em!il.oyees currently receive tickets for varioulli events and performances occurring at those facilities and should be utilized for the benefit of disadvantaged youths, disabled persons, senior citJ.zemll of the City and other individuals who do not have the financial l'lbility to purchase tickets for cultural events1 and wunnw~s~ it is fitting and proper that cultural events should our fine senior eitinens and other individuals who do not have the financial ability to purchase tickets for cultural events; and WUERE~S, city sponsored programs tor the usa and benefit of the disadvantaged youths, disabled persons, senior citizens and other individuals wno do not have the financial ability to purchase tickets for cultural events are necessary and proper: and WMEThEAs, organizations, such as the Miami Meat, have created programs for this purpose. ~OW; TK~R~FORE 1 BE IT RE!liOLVED Bl THS CITY COMM!SS!O~ OF ~n~ CXTY OF HYhMY BEACH, FLORTUA, that: o£ four (4) complimentary tickets for cne'parformanca of all new productions or events at TOPA and the convention (l) Mayor and City Commissioners (2) City Manager 335 EXHIBlT G (Jl CitY Atto~nay The following City officials shall receive a maximum of two (2) complimentary tickets tor one pa~formanoe of alL n11Ms productions or e;ve.nts at TO?A and the CorfVIU1tion Center for which such tickets are available. (l i Senior hsdstant City Manager, contract Adm:l.nintretor (2) Chief Deputy City Attorney 2) Any and all rama.inlng ticketl!ll aha:tl be:; dcnat..ed to cl:Lsadventaged youths, dl:sabled parsons, senio:t oi tizens of Miami Beach and other individual& who do not have the financial ability to p~rchase tickets to:t cultural events. 3) 'l'ha city adl!tiniJ~~tratior~ 10hal1 develop guidelirMlfS and appropriate procedures with regard to the administration of thb program and ehaU aubmit add cyuidllOlines and appropriate procedures to the City Commi&sion for final approval. WMlill!IP and ADOO''l''fll:l this lith 336 ·I tL lllST!U!IllTHlN Of !lOUl"LIHENTAll.Y TD?A)GOI:IVEI!UOM C&NTJi:R EVZ!l't UOUT!L 1. OEC!lliBE!I. U, 1992, MEMO!WHliJI1 FlU.lii !iAYGR S!iYMOI!ll Gt:Um. a. A USOt:UtlON OF !!IE CITY COtmlSSlOl'l f!F TilE G1TI Of MlA!\1 !lEACH, fLOR1llA, PROVllliNO THAT GOMFLXWEM!ARY TtOK&TS FOR.P!IRYORMANCES!ANll EVENTS AT !OPA AND T!IE CONVeNtlCN Gli:Gtm YH1CR WOULD OTHBRVlSE BE RtCJi:IVBD BY tHE CITY OOHHXS!l!ONSRS, AND C!TI llli<'Ulill>!i:S, !lAAtL Hl>!t&AliTD liE HADE AT A lUSOOlll:f'! '!'0 Sll:NJ:Oll. O:t::i!Ili!ltml USlDtilO !N i>llAMt !!EACM, WI'l:fl TR'IB RSllltiiUI! W.oi-1 SUO SALBS TO llE h!ltiEI'> TO '!'!IE D!<lr: OO'L'LAR 'ClCKtt 8\IRC!\tJl.GE 51\NK AGC01JN'!: 1"011. EXPA!!llttl FUTilRE S!llUOR CXTlZ.!!N l:IH!COIJW'l:'S l>Y 1:1!£ Alll:IUWNAL PURCHASE 01? TICKE'tS F!lR GENERAL PER!i'Oru!J\..IlCES AND RESAL!> TO SBtHOR C!TIZI!NS !mS:WXWG AT HUMl illi:AO!i AI A DISCOUNT OF 50~ OR kORI!. (I!EQUI!S!RO !IY MAYOR S~OUR GI!LllSR) L OI!CEMIIER :Z9, 19\1:1., Mi!MOiWIDlllf )i"!tOI{ CllT'f AttOaNE'i. a. A ;u;sotUT!Uti Olt UIB OIT'f COII!llS!iHlN Oi' 'rllE C!TY Of MUMI §Ji:AC!!, lJUIR!!lA, PROV10!NG TU&T COKFLXMEVTARY TlGR&IS FOR PERFORMANO!!$ AND &VeNTS hT TOeA haP 'rilE OON'IItl\!'i1'l0t'l DEl'ITillt 'mUl:J<! \lO\ItJ) O'l:'!!lill.\llSli! Ill! REO!t!V!ID 1\V 'l:'!!ll: MAYOR, Cl'l11 COHHI!lll!ONE!l$, ANO GlTI EHPtm:i!:!!S, Sf!ALL MER£1\nli:R l>E !lADE AVAILM>U TO !!1SA.TIVAWTJU:l£tl YODTli!S, il!SUU!ll rDSOilS, S!tl'i!Oiil C!TU:EilS, AND OI!lU ll!illlUilUA!.S IDIO flO t!IM !lJIIJ£ TilE f!!f!\NClAL AliXUTY TO PUilCk!AS£ UCKE'tS FOR CUI.T\J'ItAL Elli!.NTS, (REQUESTED BY COHM!SSlONEil NE1S!tt'l KASDlN) l, OECEl>!B!\R 29, 1992. Mi!MO!l.AND!lK l'aOM CONTRAct An.I1II!ISTAA'I.'OR tlOruW! LXTZ, TO OOHMlS310NER SUSAN GOTTLIEB, REGA!l.OING COMMUNITY S!!N!!flT COMHlT'!'E!! (etC) PD* THE FER?ORWXNG ARra, WITH RESOLUTIONS, ?lNANClAL StATtftei!TS, nrNUtES, ETC. ~ Jed Arnold, PTG·l'loridll, lm:. oounMl ~>nd CllC Chairo>a.tl, advhed chat l'tG bclhv"d "'h"t 1:11:0"l" of f""'" tidmta IJA,; impropar 1 th"l:: l'TC ""!!a;a,.tmd ("ndor,.~d by CllC) that the City l'I&Mgu: estabU1111 the t:Ltkillt d:tnributi<.m procedrtn, with !:he uun aftm:ded ~<n OJl>pcrcunicy to dbcuu' any propoaed pruoedure be:fora implanil!tlt:atton. Cow~isaioncrs offered several euggaaticns, including: That ~:h" C<>,.,..isoinn md<h:eaw che issue of th" ll""'ber of cempUment:ny ticklll.tll Wh<~n conlll.d"l' ing ren.,val of th" FTG '""'""""t, (Comt. Gat.tlteb) !hat th«> <lowniuion.,re l:equeet: etai!f to .,dvh<> pt:ociuc"r~ th~>t it would no l<>ng"r """"Pt the ticket~. (C~r. p,.,.~1$on) That th" Co-hd<>n " n~olutien inditwting that it nn longer vbhed co recdv• theme quantlties of • and £Sk" committee to devalnp "plan for G<>mmillllion's conaideratinn chat Yould addresa the isauae tai$cd. (Mayor Gelber) that: the AdminiatraticujSMC survey th3 tink11t dimtrihutton polity/preetice of ether such i:llciHt:!u ""d "u\:H"!t: nportftacopcndatinn b:r Ccu!.ssicn's coMl<hra.tion. (Comr". G<>ttlieb nnd Ka$din) ln r'""~'"""'e t;G llolliml$wlmll>l: UotcHeh'll inquiry, the City Attorney advi:,..,d th&t alth<>ngh no r~>$•>l.ueton h•d be~n """'~'t"'d cr ... ,ttng eh" policy, it "'"' wrH:t"" int<> th" """'ttnet:• uhieh u .. re £uthortzmd ra~oluciun, ~h~c~by mp?toving ~be rae•ip~ c£ tlckat$ thB Go-issiormr expresSfG conearn that uml"r either ehe continue to flow to std'f who would 1;.., ""'kl.ng the <:<>ntraetw produc.,rs. (Vote; 7·0.) CGmldami<>n&~l:' ?e,.:dsor. ;~dvhed th" Admint..t:csei<m tit~t h" u<> l.""li:"l' >:l,.hed t" ;;&eoill" IIWI:f tickets, ami it any diraet th"m u it vl.shod (~"Bit"~ted th~y ba given ro t:ho. Peraonnal Di~eetor for an "mployQe incentive And ewployee•of·the·month yr<>gram vhlch he loll<$ attem?ting to "re~~<t6 '>lith tilt ne.l! ?etl'<>l:l!'lel P!.teccor). C..mmlasi<~ner Gi<>'ttU"b 11.dvia•cl ot h"r l~/2l/SZ letter t~ the GLty ~ana&"" stating that ~he wonld no l<>ng~~ ""oept tic~ata to~ any evant in TOVA~ and Gommle91onat Eisenberg advised that he had llomt • 4Lm11"• hc~er to the Xan~ger. !Jo.ill.'1rtS tha dbeu,.ml.""' Oo-illd<>!l3l: &i"anberg ""P""'"""d diAilld.!::hhod<>Ol with th• ineeouncy "nd ~>~n:on<l~:>UM W.preati!.<:>n hft t" '*'" :tu<ler by the IH4Jiil Jl¢w·dd lllrticl.as un 'hh ~tat&er. t .. tt .. r he"' !?IG-Fiodd"• ln<L, ""f".""@lng mmcenu tqp•>d!.nt t.h• puop.,nl l:icketo vta the Git:LUM ll•rtd'it C"ml.tha, sul:m•it:t:"d at om•tirq; M\d "'l. th the t·scc:.ds 337 Pm:iruut to the~ ~sicm'a em.bl.i:o& ~oo1 th~,~~ :is to~. the~ of the pub& Watby, am.m:tl ~~. app~ ~ IJ.'I:ld dhm' public~ 1111 to tMteq~::timi mrnda EXHIBIT H Com.miuion w ~mprwemd to~ Ill powm ~ ~cifioolly p~d or~~~ oftlm• •~aiM p!Wms. Aeoomi:Qly, a:ftm ~ ccmoludm of ajc:W11!uwe!Btig~ti<m COl'li'Uptiatt umt of1be Miami-De.de Stlte Att.omey•s Offioo Ethics (CO:&); we felt it~ to follow up on oowx1nUJ i&~it4dul~t thls j ami mggmt reoomm~ons and guide~ to ~sa 'those CO!l4mu.The in~ mvolvlild a gram~ betwam the City ·ofMimd Bew:ih (Cllim),~ Symphony (NWS). The imt.i&a1 ow:nplrum wu :made by a pr·omi~; lood Miami Beach ;W~ty<>r who was dsothe C!minmm ofthe :Boatd of~~~il!. o;fthe N' all®ptiO!l W'U!·tlmt the CMB ~ :refilsing to pay the NWS momoo ~nmc®r ~(GIAA) wtloos the NWS provided the Mayor. COtmm•~" Adminim~ve Q.ifwitb oomplim~ticbts to NWS p«Jroa•Oil!S. memo is a:t.U.ched h«®to u Exhibit 1. Al:tOOugh the joint im.remption did mrt.1m.eovu wy viol~~n IXpO&I:I :f:t!lw.ed· policies tb.e.t ht.ve N!lllbd in unwammted and and appointed official!!. Eb~~ and appointed oo.Ii.eials can e~q»J 1hem with thousands of do!W:s worth of'tklbt.s to oo,reted i!olfmt:sliJIQmwt~~ thm have a cmin.lCilu81 relatwl'U!Ihip with the localgov·mm:nmta V~lhi~tl. theae mJ. M~ver, ~ invefiigmionluui !OhoWii tlat sevu:a! other mwtti~J~tiM 338 1 t.iablt dimbutioo. pl!mll. Th~ di!lttibutioo plm.s som®times am disguised fcnn of political &voritism u111ed by elected offioials to to build political support. The Comntissioo oo Ethics md Public tro:ubl~ome ru:td 1.JX1®S aU local govmmtmts to eonmd« the .. r~~p.dm;i:O~ report 1'he mve!ltip.tioo fmmd ib1l1 the prm.rtioe by the City of~:ti~tlg 4::~ ! l to Ctty--o\'ll:mld vem.t~ '\1ftS officlany endiomd with :the passagE~ ofP~B J~~ :~~~ 20694~:~:= o;t::;~ommtssion ofthe CityofMiamf...,..,. ..... ; .providing that oompUmentmy .tJohsts few JifJ"fft?rmcmt:XJs and and c:i(v Commbaion.-,, tmd C£Cv ~_,, mttll I dUee&titm>Q'e'dJ?o•r, 6abWpenou, .Nnior t who do NJt hw.e thefwmcial tdJllt(v ttl purdam Now, thsrej'ore, be ft ruomd by the Ctty Commission of the I Beauh, Florida, that; 1 1 1) 111e fiilwwing City officials shall recetw a maximum complim~ary tickets for one ptJrfo~fJ6 of all new 10PA and the Co?M3nt1on Center: I I (1) Ma:yor and member& of the City Commtssicm (2) City Manager (3) City Attorney The following City officials shall reo~ a mttldmum of two tJcbtB for one per[orma:t:ee of aU new p'f'Oduotiom or BV~ilints Convention Cmmr for which such tickets are available: (1) S<Jnior Assistant CityManagllilr, Ct:mtractAdif.nmf~cnen (2) Chief"Dfsputy City .Attvrney 2) An.v and all remmntng tickets shall be t:ionated to diaable.d persom, umtor not haw the flnantlkd ability S) The City adminictration ahaU Q(Wi!Wp guitkllllnu and pT"'O«iurea 'With regard to the adPJ~tirdmc.rtiOJ'l oj'thiit pn: smd·gutdelin<Ju and appropriate proc•u:Juros to the City 339 ; i I ! I ( l 1 I l I ' I l I I ! \ 'Wb.il£1 CMB Resohttion 9 3 ~2 0694 iillows for the receipf events at~ the TOPA and the Convention Cmtt«, both City~@ · has bee11 u~d by CMB Commlilsicmers md employMs to justify · reodpt of ticket!! to mm1y evoo:ts at CMB venu.es including 'tb~ NWS. :m 1993, the then City :M!tMger esi!d:lliahed a ••Promotional mirrored the resolwon· s eligibility requiremoots,.~g ~:the: ~ givm:t to the Mayor. the Commission. the Cit;y Aitm':l:W]r, tlJLe A~i!!t ~City Aitomey. !Ul.d the Cont.root ~. md f:bttt to Udv~oo yomhs,. disabled pmcms, md smior ci:tizem, following guidelliu.11fl: 1) A cammiffB;6 ajypotnt«i by the City Mtmager a}uitl meet orgt.mizatiom aruJ!or gr(.}'Upl &lig{bh:J to r«~eive~m~m(~O~ be updated ti!Wry quarter. 2) A aurmnt list ofkx;tal organizations or ai~c groups which a rotaiibn ofrtJeiptemtolhtdl e:tilit. 3) DomPd promotional tickets m'W biB used by O?J•amfmtqns fo:ndredsera ... 4) No more than ten (1 0) promotionalticbits shall be i organization for om ahowleve.nt. 5) Whm a representatiVe from an organization N(Uffves a receipt Organizations will be gtvm a[Cir'm ro l)e comj City Manager's offl@(J within two web afthe sho'IW'evmt.. not return the comple18d form, them the City Manager will tlakt.tts to that organization ... It should be n~d t.b.a:t virmlilly none ofthe CMB for one AssisttmtCity M~er) ~ew~ ~the OW!'l "'Promoti~ Ti@ket Policy!' Not evet t1lb waem City :~u.iw, 1 ' poliey, is roopoosibJJ, for ~~ t1:m '"Promotioxml Tic.k.et l':mp~~ 1 ~ce, ~mly. the only pm:t oftbe policy impl001~ i \ compl~ ticlzem to the Mayor, Commissiooent. Uld CMB 1 appoi.nt:m.Mt of a ticket distribution committee, ncr the creation of m.rihoriuld to receive tickets. was fou:rui 340 '!'he investigatioo found~ the CM.B City MUm.ger acts as oomp~ti~ reooived by the City. Once tickets con::te to· hts l dimlruted amoqt.l:w Ma.ytX m1d City Commiiision.ers. A dimi!bm~ j I 'the tickets get mt:o the~ of the clactOO o:ff.wials) bOWI:lVt'rt they discretion to 00 with 'them what they plcmre. The investiga;lion. NV Commissioners bpt ~ ti~ for their per!ic.mal use. Often, ho)111revrer,Cotnm~ their rulatted ti~ away to ftien.ds, family. stUf or oth« ~mm evidence ~ dmmg tbe OOWll® ofthe mv®litiptron. mggests 1 m<:~ wg~ gro1!ps of senior omens who are made we.n aware of1~i\}h C~m:limo: ben.i!rlioe.m.ce is respoti.Sible fiX 1he free tiakem. The political good'Wi~ t.opa.y« wbsidizt!Xi gen.erosity oan. itself be perooi'VOO &6 a ••gi:ft'' to 1 by ele~ oftioiala, tbis pm«ioo u likely to lead to political ~·de:~ I mY« 'Wid1 blodtli or,~ votm udlo:r otb• mfl:u4mtill mivki~ab~ wi:ithin., the d I • It is olea:ttha:t the C:MB is not~ at !ill to the epmt ( 20694) in that few' of the intended recipients i.e. dimtd,wpd I ~rw. s·ewo:r ~of Miami Bmwh ami oth• mdividuls wlw l abill;yto pmrol.wle 1i~ for~~ end up ben~ "Public &Mfits"' aho'llld,. in our view. benefit the Mtl.W public at Mereov«,'tbis type oftickli!t dimributioo system appe~mi to be the Florida sme Ethics Comm.Umon (FSEC) opm~ results in ''gi.tt!;~• cdficlals. ~Qfistttso~tJI'wa~cbt*• ~~Ul We moommer1d 'tb.a.¢ cl111oted o:fficlsl be ~ly remo,vea :ttol~ dimbrtion of ~tid<:ms. Alllocalsov~ U:iti mla:tionmipa wherein tboir mw:rlclpa.lli:y eO®iv~ •'publie beoofhs ... i4td~cUnj~ b11Xt n.m event tidtetm. should adopt a policy or proc~e that inwla.tt.m ei~Q~l md aJ>pl>i~d from involvemoot w the distribution process of the bencdits, md oompllm«WW.ey tidcets to o<:casion.s when there is a public pmpose 341 4 We tuu::m:soore that, when public pow« is exem:rtOO. thr e~ a. benefit, web u o1.nnplimeutary tickets, from a pri:vat.e purpose for mchs. benefit oth« than a public one. Such publicly ~ained olw:aote:t :from my oth« public property such u ta.xnvoo.ue or MSfD for .!:l.nything IJth«'fhM publiC purposes ill ethi~y md In light oftbtl City of Miami Beach invemption. the "'public oo:nmt .. prru::tioos in ieV«al otb.er :m.unioipalities. We~~ tickets are rmttinely provided to elwted ofl'ioitis and the Crty oili« locales. the J~ L. Knigbt Center, :&yftont Park md the Toummn~ (SE'IT). through a mmi1at distrib.moo pro~ An A.u~ City Mm:'w.g« advised the COE that in 2011, ~--o~~ 1 . md the City :Mcmq• eaoh received two. (2) ticklitsl*" session fort, rota! clftl~ty• es&iiY.ID plus a parki.tig spaoe for the SEIT. A City offimru --l.m(~ tidctts ~tiD p~d .u pw:t of m a~ bmv~ the City's D•-m• Mawip:mmt mld Minmi~Dade County fur use of the Marine S.d. offimu in tb.® City advi~ 1lm:t he Jives thj:} ticbts away to ""i:imxt4. poop!e."' ~we sN moth« eomple of el~ o:ffici~J.s ill a mam:~« tb.at irmres to their~ or polliiclll boo.ofit Itt little, if my. booefrt, from sud:!. a self -im~ m~ of tlwibutiPL Inquiry itl:to ~ pn.ol:ices by tbl:l City of Hom~ 1eue agreemm for the Homestead S~ Comple-x md the Bm~I Agr~··). For each event l:l.eld at the complex (pumwmt to the i La Ley Sports at the City ofHomestead, ~c.), COH receives:~ l I forty (40) llkyboxtil.'lkets,. am twemy (20) paxting passes. ~mult!to \ H~ Motorsp<.:lfts Joint V~e IWd Rllph Sanchez. COH I l ! moto.t'ap<ns events held :at the spetdwa:y. ~ eligible ~loyoo two (2) ~~ ti~. 342 of One COH official advised the COE that such tickets a:r~ r®1~¢ily tM.t he thm dimibutes thoe tickets to City officials. '1bis mdmotm,l fomliil gui~ ftom the Ethics Commislilion on this issoo. AI moth« example ofthe oftal. tim.e~t in!\ppropriate use <1f.t!~~ 2008, a. COH Cotmoilpmon was advised by the COE that it wool Cm:moilpersoo to otter a c~mdiihW:l rwmi.ng for Stl:1.te office th~ ¢PI~Wty the dsi~d City skyoox a:ttd owy be charged the disootmt©d Cft3rim1!ti An inquiry into~ polici®s ofMW:mwDa.dei CoWJ.ty's ~~lplj Acoording to a r~sm:ll'itive of the Adrimne Arsht C4mtu ( is no :reql.liru tb.® Performing Arts Crow to provide a~ number of to Co'l.'mi:Y officials.. However. if thE~ Arts Cam«/ AAC hM. what they do ~ Cotmty Commissionm• offices to obWn the DM!les jofn.on··profit a~ Qhuitytype l)f~OM they C1W. donate tM excess mvcmtoeyt(~bto. 1lw thMmJelvu do not pus tbrtmgh thelw.nds of Cowtty offioirus. Oru~!a:-l~ h€:.wfl1«. the pnd;ioe of n:Wdng the tickata a:vaila.ble to a pri"imte. non .. profit, desigwation by a !Mgle eleomd offici~ n.th« t1:w.n a n~ Xlml~"Ptilitioral similarly quemou.ble md problematic, COB intervi~OO. ~ Cow:rt:y's I>imotor of Caltm:ti Aff&n 1'lonlpulowdy a.voida'" bavi.ng my type of "public beneih .. c~ my of the ' t between the Co'l.'mty and my of the rulruml w gtrops that perform· various &.ciliti~ He~ advised tlmt mmy w groups thmmelves Wld«privilepd groups oo their own but hiJ offioo does not eD.@~ge: ipmy <Wriw<~ to el~ed offici!!.ls nor requires that a.ny m:imb« of tickets be pm·vid1)({ 'l'l:t.e City of Com!. Gables (00) WM asked about its policy ~Cell~~ the u:m~~e of ' ~ um:ler simllitr a.gremuems. The COE found that the Actors P1h\yhrnllM(Minollti co m.IWliii~M to avoid ~«"en~ :from elooWd officials m their dfm:(imm<J>n Ucka. "'':'U Exemmve Diromor of the Mitw:lle Th~ a.~~ 1 maw.g~ qremmmt with 00. In 1be sgre=nmt, the Playh01Ue ~* 1:o the cmm:mmity. ~gtothel Buootive Direot:or, the Playhoru~M:fgi1remaw:ttyihml tickm c.way year to nat~for$profit ~em.oies, schools,. and oth« 343 who ~t afford to buy tickets. She. advi&OO that the Playhouse r toN orthwelltern High School ~ms (value of more tlw:1 $l,v1.11.;.yv '!.'be decim<m.u to whloh tick®b> to give awa.y and to ~m!WtittBl~y Ex~v~ Diretto:r. The Executive Dinctot claimed t.Mt CO ooes Playhotm~'s distribution ofth~ tickets. 'I1w City ooes not mom:tor oompl~tioka. She advised that oo ticbts go to the City. When such bmcdits at® provided wholly throop 1:h® l.iSt:JN1im.t entity that is not perf'm:ming a gove:rmn,em :l'imctioJ:4 there is no le;!d ptol:libiiion punwwt to the Miami-Dade Cmmty Confiid: of Interest AUld C01da .i'B(DO$ that th~e i.e :tm cowecl:ion between the a~oe ofthe ,ro~ff~~df tak,m by the recipients in his or her public role. The acoopta~ ofl!li.Uih offioi!d does. of COIU:r~, mbje« the official ro the gift reparti.ng tl.'lq~~-· wllmt thed:icka ex~dil $100.00. ~-JW;tgf!)ffW!lplty/~b~ :W:V~ion !dsl') d~ed. that, in addition to the ~J'l'»q pw:wantto ';1ublio b~fir clauses. ele~ md a.ppoim:6d ~~ ~00$ wem usa~ of"offici!d city rumm-... A.ttendmoe at "'official aity busiueu>t events ~ally lq as the elootedlappoimed official is, in fad,. performing SOOH the evem (see ge:nertilly, FSEC opinion01..019). Bowev«, itmc~dtbe ~ce at an evm:li by an ®Jeered offiQial does not magicallyttru~mn city busit:wss. •tQffiow functions" em i.twl.ude,. but are not limited cutting, givirlg a speeob.. or leading the pledge of allegiuce. 'l'here ma.y !1110 be ocouiou wh~ due to the pregnoe of~~~ dianii:uiA~ ~· otb« specltl.l invited JU~ it will be appr~ fbr afficlal.s to attoo.d event to 1~ild~ pm'IO.Dil M reprm;en:tatives ofthe loolll government Su!iu~04WC~ bOW('tii'M. to spectal ocoo.siOl'.UI ratb« tbm ~ly scheduled evem. m~l ~tbt ·to desigootion by the county/city governmwt to those offioi.IWJ in a~~~. 344 ·\ 7 It is willkely tlun ttur~re~ pauive wndmce by an el~ed without eitb« som£~ official role! in the event, or, at a minimum, rK~'lit.i~m <U part program of the evmt, em b!i! cot:Wdered ~ru:lru:tce u an {'official ~~<.?n. .. ~ons upd« ~rules; Imspe©tive of '~he mlrthod of dUtribution employed by a go,~mmtJflt. officials ll'lUI'!t be co~ of Stae and local gift mles when ace-ibg 1tick:ets ·ro pnwviwsly dioousstd,. if Ul eleot.ed official ia attending a ftm.d:ion u {:aicbtl city/\• the value of the tidret or functioo is not oomiidered a gift and thm~~~ ~qtlired to dis!.'llose it lUI sud:t It is :im~ to fi~. however, 'tl:!S in CE0~92~::t3. the Commis&ionm bve rna;ived a gift. not a booefit of offi.oe_ 'Whts tia~ t:idtets to perfomwtoes at It mumcipiJ!ljHYWD.OO ~-«, whioh oonditi<:lfi of iU 1~ ~Mit with the prod.ucm. Where a City. 1 to evcmts a the Citymow:ned tbeaer, m:td ~"!he tickei!l ~ divided ' I ! City Commiuien for eithw thm prm!onal uae or to dilri:ri~ to ~~lit 'their mcmmn of the City Com.miuioo mcfli'VI g;iil.s wmoh are subjeci to d.Wclosum poovisicms. Also, a ticket received directly from a non~gov~Mit oouide of my~~~- ~emoot betwccm the entity Uld the local govcrmrumt, is subject to disdmum ~~~it& set om m Section 2w11.l(e) of the MiamiwDwJ.e Cow:t:Y Coo.tlim l>fu~l®t 1 Ordimuloo (~~below in its entirety). Latty, p~to Se©tion 112.314~4). Florid&S~a: "A repo~ individut.l 3 ., .hi prohibited from knowingly direlitly a: im:iirootly, a gift ... from a lobbyist who lobb mdi~·s ... ~ .. Jfb®oraheknowsor~ly th® lifthua vduemex-oou of$100 .. :• ('!.) Everyp~ who ill e~ to offiCii in tomlav~&rm~dt«m 345 ~ it is impa:tul.t tMt elected officials exercise emmne m from m Wtiividull.l registered to lobby in their pru:tioubi:r gcr.rtllnlm!ll~ prohibits thlllacc~e of mob. i.fthe VW€1 ia m e~a of $100. B!Jtwgt Onlhlu~: Miami~Da.de County Conflict of Interest and Code of Coonty Code S~on 2-11.1 mates m putm.tmt part: "(e) Gifts. , (l) Dfljimtion. The te1m:1 "'gUt' dW1 refer to the of eoonnmio valtre, whether m the form of eutmaimnent, hospitlllity~ item or promise or W'ithom adequate and law:tW consider!Woa at a rungl.e sitting or !Mal. man btl oouidered of the food md bwerage provided at that~ or wltre ofthe sift (2)Ext:qtit:.ms. The provisiom ofSubs~on(e) (l Political oom.ributioos speoi!cdly auihorized by relatives ormmnbenl ofone'shoooabold~ (c) IU.iUwement; (d) Ma.tm.al mob u books. whl~m:w~~u~nMD<>~orofm.~ by Coumy employees or d~n.ml pm<mMl ~Qe of their officlti durin for l.lfi! 110l0ly its official bulri.Mas; (t) Oiib Caw:xty in perl'ommnce of their conducting its offioial business; (g) Gifts solicited b their staff :I':Nmlbem., on be!Wf of my nonprofit by t'Mt orgwizmon where Mitb«tbeCmM receivN I'Wf oOOt~on .U a result of the subsooti~ a .. nonprofit orgw:dution'• shan !ie®tioo SOl( c) (3) ofthe InterM.l :bV£~We eJ~«Wpt under Motion SOl(a.) of the Cooe. ••oomp~on .. ml:llim.ll my money, gift,. :favor. of value or other finlmci!d bm:wfrt. (3) Prohibitions. A person do~ in Subseclioo. mitl:wr solicit nor dem.l'md any gift. It is mo m offer. give. or ii.Q.l'OO to give to my person Subsection (b) (l)tl:!roup(6) or Subsection (b) ( 1) tb.roop (6) to a.ooept or entity, my gift for or becmse of: (a) An ~or which could be taken; (b) Alepl Or 'Whioh could be performed; or (o) A whioh oould·b® violaed by ~my pemon includnd m (b) (1). 346 (4)Di~sur~~ At1y penooimindN m '!he~ ~(6) JM11 {ti~o,q u:pre>ViOOd h.m my one p~ or emity, lmvmg a value in exoeas of one Sl!id dillcloamre !Will be n:wle by f~ a c:opy of~ Chapter 112. Florida ~for "local officm C<mmy Co~sion.ers simultu!.HUsly with the Se~ ofat.ate.•• City ofM'.iami Code~ Se€.tion 2-613 awes in partmmt put: Cad!gkm; .. Every officer. officla.l or employee of the city. muu, .·• 'Boll:rd, commission or ~ of the city, is e•©S d,ir-ectly or mdireu::tty, from any penon. . MY pu.rollase order or oontmm is or mi anything ofvalua what.!ro~er. exoept ~Me givenfl oey.'"' It u ~to naw tb.1ilt the problem we peroei:ve,. i.e .• the ~U'~th·~~pt'l:>vi<W ele~ offtoiS!ll l!tiwg these ticbts M an e~.J®!Wcm of their seH~>motiolw ' a,oti~. is. nm an uS® the Ethics Commission w ever El.ddtessed th!il.t ~ ill> limply no good '1'fl:Uon wby event ti~ rooeived by a fmamo:~litytm ~~ .. public benefits" olmsea or through my ~er w:d~ata~lg md a priva.te mlity. should pass through the Nm.da of eli:~~ offi.~:s. It w ~MW · ~tickets b!'J dislril:ruted to~ public by s.n objective, non~pcliti.<~ J:nec:hrulisnl. S · ~ ~ wruld remove s.ny mggestion ofpolitiw or~ oo~ ... pxltJJlio f officmbi. 'I'h.iJs reocmmmd!W.oo is nm intended to mgpst that mRrii'W:tt. ' tiJ:kets by public officids is 1m ~o or per ae violation of the ' · appllos.bl.e .ethi.os ru1e:a. It is oonC~ei:vabtc i:lmt \\lOme public officials ~lribtmt ; mm:mer thai is non~poi±tioru ;md atherwise appropria.te. However. ! ~Y libly to 12!lse ethiw problGS in any dimbmioo· ofpnb;tio 1,mc~w ', by a polioy that allows for di~~ distrlbution of mwh bemm : ovnght or a.ooo~bllity. The dlffi.cu!ty m fubi~ m atmos.lly --ibhl111 · thett oir~oos hu led to the rec.:omm~ions o(m;ta.in.ed in 347 0nt3 oft:l:w ways we mggest tha:t tiwu be ~ available poet 1m armO'IlU.Cmntmt on the city/county's website or otMr publicly ~~.S«imedimn,. the public of \\!hEm. tidrets 1m1 ~bl_, amd allowing individua.ls htb~·~in <>'hllhm~tl~ them from a n.cm~political aouroo, for eumple. the City/County be eitb.« given a. way or sold at a disco'l.m.'ted n.te. Anotb« tul:b()(l!mi,ght Promotiorutl Tiobt Policy thlt th6ll City of M:i.ami Beaoh adopted *M"l~lllr blaplem method woold seem to mm.re tlW. youth or~ om. seniors or the majority of the public benefit. coo.sietent with the 1n.te ifmlllti<~ It would deny ele«ed officials tb1l tmdmerved opportunity to p~ibd giveaway of tickets to furth.er their penorutl. or politioo.l. agendas. is to follow oo•s example and remove the govenmem emity Apfu. we r~ that "public bimi:lllil., lboo!d not itmr® of el~ and appointed officlal:s. These "public benefit"' clauma mother oppom.m.ity for &looted ru:ad appointed officials to~ them for political or other self~ aggrmdizing purposes. Public b~~ publw«-hvg"' not just c«taht influential or w&ll..com:woted iw:l~dtu. We ~d that the SEC hu opined thai officim mm.y ~~w "public benmlt" ola.uams. u Ions u they repmt them purwsm to We wam to underscore, by this policy stat~ that we believe officials should lmve no nood to report bomemts received und« •*pu~io they mould not be the reoipi~ of these benefits m the first p~ them in their official roles. M previolJ.I'!!y described. Public b®Mfmi should bme:fit the: public; they mould not in~ ~lvea Vllith m.tpportcn. h is ul:lbthioal. in our view~ bomeftm meut for the :public«*lwge in a matmer tb.a serves the aQJioiah': ~ tlw1 th!.l public'$ m~llt. We hope tb.&t local govmw.eW: will ta:bthese reo•::um:ttMdtmiOM expeditiously implm:nea:rt oh!mgem in w::oord.mloe with this report Tt+e :ft1111q1.1~!Y \!~ isme of distribution of"'publlc beuetm" w wen in the put and ~~11M: i:uquire!ll to tlW! agency. hu led to tl:Wi a:ltem.pt to clmify tmd exp 348 u To that m1d. we hereby resolve to adopt u a set of •"best pmctices" ~r©t~lill~~~<:ilU set forth m this report. MWllOVf/lf, W© will continue to exm:nine the ticket diiitributro~ goverm:nM'U to ewmre that 1bey are m coof~~W.Ce with ~pptim~· policies need not be idootiool, we believe tb..a:t Mh.erenoo to the gui1fplinu herem would i.mw:'e mwh oollform.an~. ~. we will mv~.pte}m:ey us. wb«e it a:ppMn~iMi .. public beo.eiits" are~ ®:~tploited for 1!\lebm:te ' appointed officl!Wt for possible violatioo.s ofthe: Miami~Dade .Uld Code of Ethics ordi.wmae. In sum. we recommend as fo11ows; L Mtmicipalities md local govermn~ ~:~:my have in ~ bm:w~en ~ entif:iM and the cities. The "'¥i!!~:;;;n.., bendit!i!'' however, mhoold baefit the pub~1~tp. 2. Ti~ or oth« '"public boo~ .. mould be·din~rd in a non .. pq~~~ neutml mmtl« with no im«f«ence itom local 3. If local officials are the recipient ofti~ or the bene.fits exceed $100.00, tho offici& must ~iblv 4. 1ooll officials may m& ~ tickete 'With a vahllt}im any penoo regi~d to lobby the govm:rm.mn w prohibited purm.umt to Section 112.3148( 4). Ma- A report.ing individual4 ••• is prohibited from know' direotly or indirdy, a gift ... fu:tm a lobbyist mdividtW's ... agency ... ifhe or she knows or the gift hu a value m e:x:ooss of $100 ... ,. S. If m official is appearing at 1m event in his or hiiJ: ~m~L'Iial purpose, the o:ffioial need not report th0 ·attJ!mdimclei Howwm-. m«0 pa.ui~ sp~or dmdl.mc::~ It ~mi,I.'I'W111i ';rill :nm, ~ ~mhm.ce in o:ne•s officW. oapac::iey for A public *ro1111e mm-ruyto "be 000n" by yO"W: ~itu~moy is not. 349 12 purpose ... A:tteruknoe ut "official city business" require gift disol~ure u lq as the e~:aQl!~.pjpz+:Dd performing some bona fide official funetiou at Dade CO'Ut:lty Ethics Commission ms.y nat hAve ~~~iQI]Ily i·~ m a. fm:mal way~ we agr~ with tb.e mtiemde opinions inFSEC opin.ioos 9146 mdOl-019. public or loo& officer who ol&!:wl that [a] trip is a gift is not n!!!pwsibilliy of do~g that h~ is in~ 3i quid pro the value of his time ru:ad services are equal to or thtm tb.e trip. I I 350 13 Prom; Sent: To: Ramos, Miriam S. (COE) [MSRAMOS@miamiclade.gov] Tuesday, March 27, 2012 2:46 PM Abbett, Daniel; AguUa, Raul; Alfonsin. Lourdes: Amuchastegui, Fernando: Armstrong Bart; Barnes, Bleier, Alison; Bierman, Mitch; B!lzln Sumbarg (Christine Bower); Bittner. Boksner, Aleksandr; Bonlske, Nina; Boutsls, Brlslbe, Emomot!mi; Britton Tiffany; Robert; B!u, Caballero, Sylvie; Ca!lejo, Karan; Chiaro, Maria J. ;'Citrin, Charles; Cypen, Stephan; Dannhelsser, Lynn; Dickens, SonJa Knighton; Dumas, Carmen; Entin, Monica; Esplno, Daniel; Everett, Cynthia: Forte, liiana; Friedman, Chad; Ga!dos, Roland; Garcia-Toledo, Vicky; Geller, Joseph; Greco, John; Green, Chris; Greenberg, Murray; GroonioK, W!tliam; Hearn, John; Held, Gary; Helfman, Steve ; Herin, John; Hemandez, Elizabecth; Herrera, Jose Pepe: Hialeah Attorneys; Hl!l, Marlon; lrlzarr!, Ramon; Jacobow!lz, Jaramil!oNelcz, Elsa; Jimenez, Jose; Kennedy, Harlene; Kuper, Richard; Leen, Craig; Bruce; Lenard, Howard; Lloyd-StilL Robart; Maer, Miriam; Marks, Lloyd; Mariinez- Esteve, Jorge (GAO); Mehaffey, Kathy: Mendez. VIctoria; Meyews, Rot;Jert: Min, Barnaby; , Moas, Joanna; Monestlme, Rsglne: Morales, Jimmy; Negron. Melissa; Norris-Weeks, Burnadette; Olin, Jean; O':tlnot, Hans: Alexander; Papy, Don; Pepe, Thomas; P!zzl, Reyes, N\noshka; Riesberg, Barbara; Rosawald, Rob; Rothstein, Steven; Santiago, Amy; Samfliln, Richard; Selden, Jan; Sherman, Greig S!bila, Siegel, Oarcea; Smith, Suarez~Rlves, Rafael; Swltkes, Robort ; Trevarthen, Susan · Turner, Debora; Venture., VIllalobos, Jose: Vizcaino, Diana; Weiss, Richard Wenoe!i, Laure K.; Met; DavJd; Xtques, Veronica Ethlcs Comm\sslon summary For Immediate Release: March 2012 Contact Joseph Executive Director 350-0613 or centorl@!mfamlgage.gov As a foi!ow up to guidelines it Issued earlier thls month for the officl<d use of complimentary tickets by public offida!s, the Mlam!-Oade Commissh:m on and Publk Trust (COE} today adopted internal guidelines that darlfy when a politician appears at a fw>ctionln an "official '' The list of recommended public purposes for attending ticketed events includes hosting dignitaries, visltors and certain residents or groups and performing actions related to the official's pos!t1cm 1 such as presentations, ribbon cuttings and speech making. The addendum to guidelines* also suggests how public officials should dLstributetickets that are received through a contractual agreement with a private entity 1n order to avoid possible misuse of public resources and bolster confidence in the Integrity of government. D!strlbut!on may be first-come, first~se:nve or by a lottery. The tickets could be sold, with the designated to a could be allocated to non-profit agencies, schools, children's · ·gro tJps ·or ·eollimunlt.y ·e rgan lzatl@fls~rhe-tlckets.a lso .cou I d .be.used .aue.wards .f.or _cltlzru:u; _QJ:J"1JlPJ!:LV.~.e.s_tna\5too ····~ . substantia: contributions to the community or local government. The COS w!\1 continue to provide opinions to offlc1a!s whether other uses are 351 t'n a re!ai:ed matter, Ethics Commissioners found No Probable Cause to a complaint (C 12-07) that officlais in the of · vlolated County and Ethics Ordinances failing to report tickets they had received to events at the Knight Center, Bavfront Park <md the but also approved the drafting of a general Letter of Instruction foduture reference. That letter wl!\ dte the clarification of purpose" and emphasize that officials are not entitled to the use of pllblic benefit tickets as a matter of right. officials will be reminded they have an obligation to report gifts (which Include tickets to and that when an officia\ receives two tickets for use wlth a spouse or partner, they must be disdosed as the total value of the gift In other action at to day's meeting, probable cause was found that a bus maintenance technician for the Miami-Dade Transit Department violated the on outside employment" of the Conflict of Interest and Code of Ethics Ordinance. An Investigation by the Inspector General's Office had found that NlranJan Seepersaud also worked for American Coach Lines from March 2007 through June of but failed to obtain authorization for outside """"""'""' and did not flle flmmcia! disclosure forms each year as requlred the Code. After the case was turned over to the Ethics Seepersaud was told that if he with the fH!ng requirement by the end of 2011, no action would be takerL He has failed to do so, and the complaint {C 12."08) wll! proceed. Two complaints (C 12·09 and C 12·13) Homestead Mayor Steven Bateman of misspending campaign funds at a store were found "not legally suffldent.'' The are based on state law, which is outside the Ethics Commission's The same citizen accused Homestead Stephen Shelley of "exploitation of official position" by using a photo of himself on the city website for his business website. The city did pay for the original photograph. However, works of government are exc.!uded from copyright protection, are considered In the publlc domain and can be used by anyone. t=or that reason, the complaint (C 12~:1.5) wa;s deemed "not legally sufflclent.'' Seven complaints were filed against Homestead Councilwoman Judy Waldman relating to her re-election campaign last fall. Four of them (C 12·17, c 12·18, c 12·19 ancl c 12-23) were deemed "not iega!ly sufficient" because they don't violate any laws. Two complaints {C 12-20 and C 12·21) were found "Mt legally suffident" because they allege violations ofstate election laws, which Is outside ofthe jurisdiction ofthe COE. The final one (C l:Z-U) does not allege an action that violates the Ethics Code. No Probable Cause was found to a complaint (C 12·06) accusing a Mlaml Lakes Co1.mcl! member of exploitation of official A resident ofthe clty alleged that Rlchard PuHdo demanded that, as a part of a municipal beautification trees be planted In front of his home first, and that he pressured the Town's park staff t:o provide free use of hmd to a flag football league. The Investigation found no substance to the charges, and the complaint was dismissed, A complaint (C 1Z"03) flied aga!nst a lobbyist, John Morse, who registered on behalf of Ascent Healthcare Solutions in September of :2010 but faHed to flie the required Lobbyist Expenditure Statement by the July 1, :2011, deadline, was dismissed after he completed the form. Investigators learned he had moved out oftown and never received the notices, but once they called him and explained his obligations, he responded, In light of cases Hke that, which consume resources, the Ethics Commission dfscussed changing the rule requiring iobby!sts to file armua! expenditure if they spent no funds during the reporting period. A proposed amendment to the Code of Ethics will be forwarded to the County Commisslon for its consideration. A Hab!llty dalms adjuster with Miami-Dade County's Risk Management division may provide consulting and inspection services for private dients, Including some governmental entities, if he has permission from hls supervisors. The COE C§.~RQ..fl~e JQ...I5§:g~st ~C?.t.2!2Lni.r,:tn_l:Z -QI_~!~I?~-th~! l<t£f:!.t1..!:!!tl_ M cc~:ry.'§Jlri~ di~!}:t~a n r:!._Q_~J!.av_e. i nt~rest~il ~~e rs~. to t~ e ... County or control or maintain property associated with the County. The RQO also recommends that, if granted provlde the names of his private clients to his 2 352 /''he Ethtcr; Commission was cter:rt:ed in 1996 os em independent agency with and powers. tt is i:omposed of five members, staggered terms of four years each. ThrCJugh a program of education, mJtreoch and enforcement, the Commission seeks to empower the community and bolster public trust. "'The addendum ls posted on M!amiDadeEth!cs.com Rhonda VIctor Sibilla, Community Outreach Coordinator !llllamlwOade Gommlss!c.n1 on Ethics & Public Trust iS Wesl Flagler, Suite 820 Mlaml, P!oricta 33 i 30 305·350·0631 '-"""'J.J<·'"' 119 of t/H:l Fforlda Statutes conCJ$mlng public records. E·maii tc; dlscfosuro. 353 EXHIBIT I I J, I \. '. I ' ~ i OFFICE Or THE CiTY ATTORNEY JOSE CITY A TIORNEV MEMORANDUM TO; Miami-Dade County Commission on Ethics and Public Trust; and Joseph C'.-ento:rino Esq., Executive Ethics Col'f!missi FROM: Smith, Esq., City Attorney, City DATE: February 28, 2.012 Mi~mhDu~ Cotmtl:-.... ~~*s Propog ~~ ~d ~~~ :re.~:J?®Uc Ee~fits." C~ m C~ Guvmnm.mt Con:tr~. ·· As City Attorney for the City of Miami Beach, the following represents my legal analysis of the above-referenced draft Guidelines and Recom.m.endatioru 1 proposed by Joe Centorino, Executive Director of the Miru:ni-Dade County Comm.i.Bsian on Ethics and Public Trust. In essence, Executive Director Ce:ntorino has coru::luded th.at: • Tickets to events received by City officials pi.liSU!'Wt to "Public Benefits" clauses City contracts should not be distribnted by individual officials; and • City officials' acceptance of tickets/attendance at such ticketed events is appropriate only when a public purpose is evidenced active, official action rather than by •<passive spectator attendance'', While it is undisputed that City resources (such as event tickets) may be used only where a purpose" a municipality's policy detem:rination the manner of acoomplishlng such purpose should be left to the discretion of gov~ body, Absant legislation sr>eoifically authorizing the County Ethics to wa.J.uate said policy, such detem:rinatio:n is not subject to review the Ethics C~on. Although :Mr. Ce:ntorlno • s Proposed Guidelines address legitimate public concerns, the County Com:mi.ssion has not vested the COB with oversight authority govtm:rlng a Commission's determination hpublic purpose", For that reason, the Proposed Guidelines are not appropriate for adoption by the COB. 1 This (undated) draft proposal is entitled: "Guidelines and recommendations regarding 'public benefit' clauses in certain government contracts". 354 I. IN;TRQDUC!lQN,: THE CITY OF MlAMJ BEACH HAS BEEN A PROVEN LEADER IN GOVER.N'iMJ!NT ETHICS. Subsequent to the conclusion of the 20i 1 State Attorney's investigation of the City of Miami Beach's negotiations with New World Symphony (finding no criminal conduct), the Proposed Guidelines were written to address 11flawed policies that have resulted in unwarranted and inappropriate benefits for elected and appointed officials"2• Although the City recognizes that the Proposal is intended as guidance for all governmental entities subject to the jurisdiction of the CoUlliy Ethics Commission, the stated genesis said report unfairly depicts the City of Miami Beach as a tra:nsgressor of ethics laws, failing to recognize the great contn'bution the City has made towards ethics and good government For well over the past decade, the City has enacted strict ethics laws supplemental to Federal, State and Cou:nt:y legislation to strengthen ethics rules and avoid the skirting of said laws, otherwise achievable due to loopholes or the simple failure of other legislative bodies to so legislate. Included among these :novel City-enacted ethics laws have been increased lobbyist restrictions, campaign :finance reform, post-service restrictions for elected officials and governmental employees, prohibitions on direct and indirect lobbying activities by appointed md elected government officials, increased prohibited contractual relationships of govemmmt employees and officials, increased prohibitions on direct and indi.rect prohibited business relationships, and enlarging scope of voting conflict proscriptions. Additionally, and most evident of the City's commitment to ethics legislation is the City Charter provision (self-initiated by the City Commission) requiring voter approval before the enactment of my law weakening City ethics laws. All of the aforeatsted measures demonstrate an abeo1ute and unwavering .~ommitment by the City to enact effective ethics laws. Any suggestion. that City has exploited its policies ignores the City's demonstrated resolve towards enacting and enforcing meaningful ethics legislation. 11 FACTUAL BACKGROUND. THE CITY OF M:fk\U BEACH'S TICKET POLICY HAS BEEN IN EFFECT SlNCE ITS APPROVAL BY THE STATE ETHlCS COMM:ISSION IN 1993, WITHOUT COivnviENT OR CRITICISM FROM COUNTY ETHICS COJ\1MISSION. The City ofMiruni Beach ticket policy as embodied in City Resolution No. 93-2.0694, (signed by then Mayor Seytnou:r Gelber) had as its foundation an opinion from the Florida Commission on Eihics condoning public officials' acceptance of complimenta.ry tickets, conditioned only upon disclosure of tickets received. In State COE 92.-33, the tickets were held to constitute permissible gifts to the City cornmiss1oners 3 , which had to be disclosed quarterly if their value 2 355 exceeded The basis for the request the opinion was a concern for strict compliance with applicable ethics regulations and a to ensure legality of the City's contractual process, whereby (in that it negotiated with a theater management company to operate the City's theaters and the City would as partial consideration, tickets per performance for every event staged at the theater. As reflected State Miami Beach made disclosure to the State Ethics Com:mission of facts the manner in which the City negotiated for and received the tickets, and the City's process :for distribution and usage of the tickets. Aware of all relevant facts, the State COB determined the ticket policy to be consistent with ethics laws so long as the appropriate disclosure were filed reflecting the names of ticket recipients and the value of tickets received4• Since the Opinion's issuance in 1992, the City of Miami has rolled in faith upon its holding, and has adbered to its dictate of timely gift disclosure. Despite the transparency ofthe City's ticket policy\ it has never been que~tioned the Miami~ Dade County Ethics Commission or anyone else. LEGAL ANALYSIS. Municipalities in the State of Florida enjoy home rule power, granting them " ... governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise my power for municipal purposes except as otherwise provided by law." Fla Const. Art VID, sec, 2 (b). Home ru.\e municipalities axe subject to the additional Constitutional requirement that expenditures of City funds for a "public purpose". Fla. Const, Art. VII, sec. 10. Accordingly, although a City may enact a policy with regard to its use of public ·resources, such policy must serve a purpose", As will be seen below, the ''public purpose" determ:i.nation by a City carries the constitutional validjty, 2X1d is only to review, 3 Note: At the May 26, 2011 Ethics Commission hearing on COB Commissioner Seymour Gelber (after recognizing the of Miami Beach's wen-established ticket policy) stated his bolieftbat the complimentary tickets received by City personnel were not "gifts" and therefore did not require disclosure, Commissioner Gelber further went on to state that the ticket issue was "much ado about nothing". 4 m subsequent the State COB has condoned identical ticket distribution/use policies of the City of Daytona Beach (State COE 05 re: tickets to International Speedway), City of St. Petersburg (State COE Ol-19 re: Tropicana Stadium). and the of Orlando and Orange County (State COE 95~36 re: tickets to Stadium). 5 See f.n. #8 herein. 3 356 A THECITY TICKET IS PRESUMED VALID, 1. POLICY DETERMINATION IS FOB CITY_COMMISSIQN ALONE TOM~, NOTTH~ What constitutes a public purpose in the first instance, a question for the legislature City Commission) to detennine, and its opinion should given great weight Jag~on Lumber Co,__y,_W&~1ton County, 116 So. 771 (1928); SJ;&e v. Housing Finance Authority of Polk ="'"""'""'' 376 So.2d 1158, 1 (Fla. 1979), holding that the detern1ination. of what constitutes a valid public purpose for the expenditure of ·· funds is a detem1ination for the legislative and governing body involved. The question of "public purpose" involves the exercise of judgrrumt and is a matter that the Miami Beach City Commission, as the and governing body of the City of Miami Beach, must determine by City Resolution forth the requisite legislative findings and intent. A legislative declaration of public purpose is presumed to be valid. and should be deemed correct unless so clearly erroneous as to be beyond the power of the legislature. Wald v. Sarasota County Health Facilities Authority, 360 So.2d 763 (Fla.l978); Nohrr v. Brevard County Educational Facilities Authority, 247 So.2d 304 (Ela.l971); Price v. Citv of St. Petersburg, 29 So.2d 753. lliffi; S.:tate v, Momoe CoJmtt. 3 So.2d 754 (r:li.1941}. Unless expressly or impliedly restrained by statute, a rnlll:licipal corporation has discretion in the choice of means and methods for exercising powers given it for governmental or public purposes, and the usual limitations upon the actions of municipalities their 1egal powers are good faith and reasonablenessj not wisdom or perfection. All as to the propriety of means used i:n the exercise of an undoubted municipal power will resolved in favor of the municipality_ State v. Tarnj;!a Waterworks Co., 47 So. 358 (Fla. 1908). 2. ~TS. AND NQI THE ETHICS CQMlvUSJON, Uh VE POWER TO REVIEW CIIT CQMMISSION'S POLICY. When a policy decision is brought into question resting upon the police power, only the courts have the power and duty to inquire whether it is within constitutional limits. It is thus particularly a judicial question whether the legislative determination of "public purpose" constitutional and statutory See, l}.skew v. Schuster, 331 So.2d 297 (Fla.1976); Art.ll, § 3, Fla. Const; and LigUQJ Store v. Continental_ Distilling Com., 40 So.2d 371, 374 (Fla. 1949). Unlike the courts, which possess to review public policy determinations, agencies such as the Miami-Dade County Ethics Commission may engage in such :review only if the authority to do so is granted the corresponding enabling legislation. As an administrative body, the powers the are limited to statutory authorization as set forth in the County Code, and the COB may only act those grants of power specifically afforded it "Administrative are creatures of statute and have only such powers as the statute confers on them."' AGO 75-120 citing 42 Am. Jru:., Public Administrative Law, sec. and State ex re1. Greenberg v. Florida State Board of De~ 297 So.2d 628. at 638 (l D.C.A. Fla., 1958). Both the State Attorney and Florida Commission on Ethics have recognized their lack of jurisdiction to review a City's legislative findings governing "public purpose"; 4 357 , .. we view this question [expending City funds towards Sister City program] as being pril:narily a question of whether there is a iegitimate public purpose ... rather than as being an ethical As there ts no issue under the Ethics presented in this situation, we have no authority to decide in an advisory opinion whether the use of City resources in this manner (Emphasis added) .State COB 85-13; and see, Fla. AGO 83-5 noann_g that a "public purpose" detern:tination cannot be delegated to the Attorney General'? Office. Accordingly, the issue of•<public purpose" is not within the purview ofthe Miami-Dade County Ethics Comxr:rlssion. Neither the Miami-Dade (County Code section 2-ltl) or tho related Code pro-v'isions enabling the Ethics Commission (County Code Cha?ter 2, Article LXXVTII) give the COB the legal authority to issue guidelines establishing what is and what is not acceptable justification fur a City's public policy regarding its use government resources, A thorough review of the County Code fails 10 reyeal any authority, either express or implied6, granting unto the Cmrwrission the power _to second-guess a City's public ?Olley determination. See ~Ply& Condominium v. DiYiso; ofl!l~ I&nd Sales ;;md Con®minium!!-Daartm.w of Business :Regulati®s, 371 So.2d 152 (Fla. lst DCA :979). only sections of the County Ethics Code relev:ant to the City's use its resources (such as to events it has received arms-length negotiations) are: • Code section 2-11.1 (e) govt;'lming "Solicitation of Gifts"; and. 111 County Code section 2-1 L 1 (g) of Official Position". Neither of the above ethics regulations however establish a for ''public pmpose?', '"""''"'"' .... both of these Code sections recognize that so long as the actions taken were pursuant to City (i.e., City of 11iami Beach Resolution No. 93~20694), those Code sections ar.e complied with. (See, County section 2-11.1 (e)(2), and (g):" .. No person included in the terms defined in. subsection (b)(l) through (6) and (b)(13) sluill use or attempt to use his or her official position to secure special privileges or exemptions for b.irrlself or herself or others except as may ba specifically permitted by other ordinances and resolutions previOWJly ordained or adopted or hereafter to ordained or by the Board of CoUYJ.ty Commissioners". (Bmpl:lasis added.) Id. Although the COB may desire to review issues of a City's public policy detetmination7 , absent County Code authorization, the COB lacks such reviewing power, See, 6 Although County Code section 2-1066 that the COB " ... mu:y exercise s.;J those powers either epcoifica11y g:ra:nted herein or necessary in exercise of those powers herein enumerated", such i:rn:plied ""'I"'""'~'" may not warrant the exercise of a substantive power uot conferred. Mol win Inv. Co. v. Ttpn.~. 167 So. 33 (Fla. 1936); Fla. AGO 73-374. Any implied power must be necessarily implied from a duty which is specifically or expressly imposed statute. Fla. AGO ESU v. Jenkins, 323 So.2d 597 (Fla. lDCA 1975). power to be implied must also be essential in order to carry out the expressly granted power or duty imposed, e.g., Fla. AGO 73-374 and 67 C.J.S. Officers e. 102, 1 However laudabte or com.m.endable the actions of the as stated in .St. Regis Pam Qom:gmy v. State, 237 So.2d 797, 799 1st DCA is well settled that a statutory agency does not 5 358 Conte'lt Development Co, v. Dru1e Qo~ 374 So.2d 1143 3DCA 1979), in which the Third District Court of Appeal found that :v.riami-Dade County's DERM did not have the legal autb.ority to issue a particular order as the Director lacked any legislative authority under the Dade Code to require any environmental impact statement from appellant: , .. io our contrary to appellees' contentions, none of appellant's ll(;tivities as reflected by this record show a violation of the Dade Code provisions relied upon in the cease and desist brder. Appellees argue that agricultma1 use, in and of itself, constitutes a discharge of organic or inorganic :matter as chemical compounds into the. waters of Dade County within the definition of''nuisance" in the Dade Code. Sees 24-3(14)(b). Dade Code. However, ... the important question us is not whether these activities complained of should or could be forbidden, but :ra.tb.cr only whether they have been. Id. at 1149 Just as in mn.m. the issue before the COE is whether the City policy violates County Ethics Code, not whether the City's policy should be subject to review by the Ethics Regardless of its good intentions, the COE may not invoke jurisdiction over a matter the County Commission has not granted it such power. 3. CQNSTJ,UJ~TS JjA VB lJLTIMATE SAY CONCERNING PROP:RIETY OF CITY'S TI.Q!CET POLICY. A.fter all legal arguments have rested, thB ultimate decider of whether the City's ticket policy is valid and serves: the public interest is, of course, the electorate. If indeed City residents object to the present ticket policy, they are free to voice their objections to the govemi:ng body, and if. the policy is not a:r:nended to reflect the public's concerns, the recourse will undoubtedly be at the ballot box; Courts will not determine whether or not the action of public officers is wise, economical 0!: advantageous, such questions belonging exclusively to the public officers and boards. If they exercise their powers foolishly or 1.1J1Wisely, the recourse ofthetr constituents is to go to the ballot box and not to courts. (Emphasis added.) Browa:rd County Rubbish Contractors Ass'n v. Broward County, 112 So.2d 898. 903 (Fla. 2DCA 1959). 53 So.2d 828, 831 (Fla. 1951) citing McQuillin on Municipal COl:POJ:atil:>tlS poasess any inherent powers; such agency is limited to the powers granted, either expressly or by necessary implication, the statutes (here the Dade Code) creating them." See e.g; .• Aslr.ew v, Cr!;l!~S Ke;: Y:l§.tm::':Wm. 372 So.2d (Fla.l978); !&will y, Bank of ff!.§® County, 346 So.2.d 53 (F1a.1976}; Swsota Countl v. Bar_g, 302 So.2d 737 (Fla. and ~araoota ~lY. v, Bekm:_:F:h~bate CQ:r:th 322 So.2d 655 (Fla. 1st DCA 1975), 6 359 It is significmt to note, however, that the City's residents have not objected to the City's ticket policy. In a pro~active, government~involved residents with: • over 41 citizen-volunteer (the of such com:n:rittoos meeting at least 11 or more time per year). • 4-6 public meetings per weelc, • 1 regularly-scheduled City Commission public meeting per month8 (including at least 1 monthly Commission committee meeting), o approxim:ate~y 46 public records requests handled on a monthly basis in 2011, and e 1292 phone requests in 2011 directed to the City's main public information telephone line there have not been any complaints regardmg the City's use of its negotbrted tickets. If the citizens had objected to this ticket policy, surely the. City Comn:riasion would have addressed those concerns prior to the COB's instant review of the matter. fn light of the absence of COB jurisdiction over such policy determination it. is inappropriate for the COB to insert itself into what is essentially a 1oca1 issue, especially the absence of citizen outcry. B. THE CITY'S TICKET POLICY IS SUPPORTED BY ITS COtJRSE QF CONDUCT. While it is clear that the COE lacks jurisdiction to assert only active participation by City personnel constitutes 11public purpose .. for purposes of assessing the City of Miru::ri Beach's ticket policy 1 following analysis bears upon the policy for ticket usagl?. Although the City abtmdoned certain terms of Resolution 93~20694,11)the policy's objective of ensl.4""in.g highAevel personnel presence at such events has been the custom of the since 1993, and been unassailed. The that this policy has been in effect for a.lroost two decades 11 , and has not been the subject of prior citizen outcry, is relevant support of the City's legislative policy detem1ination: In deciding whether such purpose is public or private, courts must be largely inftmmced the course and usage of the government, the object for which taxes s As an unciiEq:>uta:ble fact, numerous "Public Benefits" clauses have been included 'Nithln contracts City O::nnmisaion in public hearings. 9 See Executive Director Centori:no' s proposal at page para. 5. w No suggestion has been made that the City's nonOO:mJ:!Hance with imp1ementing terms (such as establishing a City board for non-profit ticket distribution) was due to a:nyili:ing other than inadvertent oversight 1 See, In re l:l::lirriage ofLauy L~?,ppe md Lynn La11ge, No. 81605. May 1, 1997: "Further, the legislation challenged here has been in existence in this state for over 20 years. In detem::U.ning whether a statute serves a purpose, a court "may take bto consideration a course oflegis1ation and usage of the government." 7 360 and appropriations have been customarily and by long course of legislation levied and made, and what objects have been considered necessary to the support and for the proper use the government. Whatever la:wfolly pertains to this purpose and is sancticmed by time and the acquiescence of the people11 may well be said to be a public purpose and proper the maintenance good government. (Emphasis added,) Hagler v. Small, 138 N.E. 849 (1923). Furthermore, what is a "public pl.l.l'pose" m not a static concept, but is flexible and capable of expansion to meet the changing conditions of a complex The Florida Supreme Court has recognized concept and has found that " ... [e] ach generation may determine its concept of these things.' ~J;s: y, ~hington Co1.l.l1ttJ.)~-Y~9pmeni~Ii.t:t. 178 So.2d 573, 579 {Fla. 1965); tate . Ci of Tall a.ssee 195 o. 402 (1940). See also State v. City of JackBQnville1 50 So.2d 532 {Fla-1951). Indeed, the consensus of modem legislative and judicial thinking (particularly after the State grant of municipal home rn1e power) is to broaae:n the scope of activities that may be classified as involving a public purpose. For over 25 years, the City Miami Beach has devoted its resources toward econ,omic developmentu with regard to planning and zoning issues, infrastructure improvement, including the ongoing ma±nten:mce and promotion of faciHties providing visual . performing arts productions and cultural events. The City has deemed it a public need for high-ranking City officials' attendance at functions. of City-owned venues in order to provide them with the opportunity to learn more about the citizens' concerns and interests as well as the host organizations and their unique issues and needs. The exchange of information fooilitated by attending functions helps City officials be more responsive to these :needs. It is consistent with the City's goal to aUow these high-ranking City officials to attend, at City expense, cultural productions and events taking place in the City's resulting in increased.communication :regarding City affairs with the public outside of City Hall, as weU as publicizing the productions; and events and thus encouraging public attendance. The General's Office has found that so long as the governing body bas approved the use of public resources, public funds may be expended for entertainment expenditures that are 12 The City's ticket policy b.a!; not been objected to by the public, despite decades'-iong existence. (See, above argw:mmt at m (A) ll Economic Development has been statutorily recogt'li?..ed as an appropriate purpose of municipalities. See Florida Stat 166.02l(S)(b). (b) The governing body of a murucipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The of this chapter which confer powers and duties on the governing body of a municipality, including any powers not specifically prohibited by law that canoe exercised by the governing body of a municipality, shall be liberally construed in order to effectively carry out the purposes of this subsection." (Emphasis added.) 8 361 determined by the body to serve a purpose. In an opinion from 1968, the.Artomey General addressed the legality a special district spending public funds entertainment acknowledged the requirement that the Legislature authorize the use of public funds for purposes of hospitality a:ud entertainrnent. Absent such specific legislative authorization, the Attomey General's office found that the creation of special districts would not in and ofltself indicate a need to carry on extensive programs of hospitality and entertai:nment. See, Fla. AGO 68-t2. 2. :rH;s QITY'S IIQKET PQLfiCY PROVIDES A fREDQMINANT PUBLIC BE1\TEFIT, At'\JD At"\lY_BENI.U~ITTO CITY PERSQ_NNEL IS INCIDENTAL AND 1WJS PROP~ Finally, the that City officials may be incidentally benefitted by use of these tickets does not destroy the pubhc nature of the poUcy. courts have recognized that the execution of a public purpose that involves the expenditure of money is usually attended with private benefits, and so long as the principal purpose the enactment is public in nature, it is irrelevant that there will be an incidental benefit to private interests. See, B1ackb1t~St~ .Commission on Ethics, 589 2d 431 (Fla. DCA 1991); and Thornber v. City of Fort Walton Beach, 568 So. 2d 914, (Fla. (defending against recall lawsuit created incidental benefit to elected official providing primary henefit to public). 'N. CQNCLUSION. The authorities above support the legal proposition that the City of Miami Beach may, subject to judicial · establish policy governing the distribution and usage tts tickets to City-owned venues, which policy carries the presumption of validity. The COE lacks jurisdiction to issue a policy statement stating what is and what is not a lawful "public pmpose" with regard to the City's distribution and use of these tickets. It is the City Commission that is the final arbiter ticket policy, and pot the Ethics Commission. With regard to the distribution of City tickets to high-ranking persollllel, it is not unreasonable to presume that part their official duties may be to attend certain high-pr:ofile special events (such aE Art Basel or the South Beach Wine & Festival) that focus national and attention on the City ofMiami Beach thus promote commerce and tourism. As to those "ordiuaxy" performances or events which do not necessarily gamer national attention. there is a public purpose the presence City officials at events as well, and this too is a matter of good faith discretionary decision-making by the City's governing body. 9 362 THIS PAGE INTENTIONALLY LEFT BLANK 363 COMMISSION ITEM SUMMARY A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute A Guaranteed Maximum Price (GMP) Amendment No.1, To The Pre-Construction """\!'"''"'Agreement With Thornton Construction Company, inc., Dated July 6, 2012, For The Construction Of The 6th and Street Restrooms Project, in The Amount Of $1,200,493, Plus An Owner's Contingency in The Amount Of For A Total Of ,320,542; With Previously Appropriated In The Amount Of $568,539 From SP Post RDA COT and Municipal Resort Tax Fund $107,215 from SB Quality of Life Resort Tax Fund 305, And $644,788 From t Financed-"B;;..<.....;B;;;;.;o;:;.;.n:.;;;d;;;;:;s_;;.F_;;;u;.;..;nc;;;;d_;;;3;.;:;0.:..1'-. -----------------------' The scope of work for this project consists of the demolition of the existing restroom facility located at Lummus Park at 599 Ocean Drive (6th Street Restrooms), and construction of a new 1,500 SF facility; and the demolition of the existing restroom facility and Ocean Rescue office (53rd Street Restrooms), located at 53rd Street and Collins Avenue. and construction of a new 864 SF restroom facility and 546 SF office for the Ocean Rescue Department. On October 19, 2011, the Mayor and City Commission adopted Resolution No. 2011-27762 accepting the recommendation of the City Manager, pursuant to Request For Qualifications No. 40-10/11, for a Construction Manager at Risk firm to provide pre-construction services and construction phase services via a Guaranteed Maximum Price {GMP) amendment for the 6th and 53rd Street Restrooms Project and authorizing the administration to enter into negotiations with the top-ranked firm, Thornton Construction Company, Inc. (Thornton); and further authorizing the Mayor and City Clerk to execute an Agreement for Pre-Construction Services. The Agreement for Pre-Construction Services was executed on January i 3, 2012, in the amount of $23,000. On April 28. 2012, Thornton submitted the first draft of the GMP proposal for review by the City and C3TS, in the amount of $1,250,921. Following negotiations, and evaluation of value-engineering options, the final negotiated GMP is $1,200.494 ($614,322 for 6th Street Restrooms and $586,171 for 53rd Street Restrooms). It is important to note that Thornton obtained bids from sub-contractors in order to reach the best possible GMP. The Schedule of Values per discipline is included as Attachment A. in order to obtain further assurance that the best value for this project had been negotiated, the City also contracted Atkins of North America (Atkins) to perform an independent construction cost estimate (Attachment B). Atkins' estimated construction cost of this project is $1,388,000, which is approximately 15% higher than the negotiated GMP. The Administration is of the opinion that the final GMP is competitive, fair and a reasonable price for the construction of the 6th and 53rd Street Restrooms Project. THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS RESOLUTION. Financial information: Source of Funds: lA IBE H Account 388-2680-069357 SP Post RDA COT & Mun. Resort Tax 388-2680-000356 SP Post RDA COT & Mun. Resort Tax 305-2680-069357 SB Quality of life Resort Tax Fund 305-2680-000356 SB Quality of Life Resort Tax Fund 301-2679-069357 Cap. Projects Not Financed by Bonds 301-2679-000356 Cap. Pro·ects Not Financed by Bonds 364 AGENDA ITEM----:--- !:lATE _:..;;:_...;__2-...!.....::::: IBE H City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the FROM: Kathie G. Brooks, Interim City Manager DATE: October 24, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NO. 1, TO THE PRE~CONSTRUCTION SERVICES AGREEMENT WITH THORNTON CONSTRUCTION COMPANY, INC., DATED JANUARY JULY 6, 2012, FOR THE CONSTRUCTION OF THE 6TH AND 53RD STREET RESTROOMS PROJECT, IN THE AMOUNT OF $1,200,493, PLUS AN OWNER'S PROJECT CONTINGENCY OF $120,049, FOR A TOTAL OF $1,320,542; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $568,539 FROM SP POST RDA COT AND MUNICIPAL RESORT TAX FUND 388, $107,215 FROM SB QUALITY OF LIFE RESORT TAX FUND 305, $644,788 FROM CAPITAL PROJECTS NOT FINANCED BY BONDS FUND 301. ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure a quality, well constructed capital project. FUNDING Funding in the total amount of $1,320,542, has been previously appropriated as follows: 6th Street Restrooms: $568,539 from South Pointe Post RDA CDT and Municipal Resort Tax Fund 388 and 107,215 from SB Quality of Life Resort Tax Fund 305. 53rc Street Restrooms $644,788 from Capital Projects not Financed by Bonds Fund 301. ANALYSIS The scope of work for this project consists of the demolition of the existing restroom facility located at Lummus Park at 599 Ocean Drive (6th Street Restrooms), and construction of a new 1,500 SF facility; and the demolition of the existing restroom facility and Ocean Rescue office (53rd Street Restrooms), located at 53rd Street and Collins Avenue, and construction of a new 864 SF restroom facility and 546 SF office for the Ocean Rescue Department On July 13, 2011, the City Commission approved the issuance of an RFQ for a Construction Manager at Risk Firm to Provide Pre-Construction Services and Construction Phase Services via a Guaranteed Maximum Price (GMP) Amendment for the 6th Street and 53rd Street Restroom Projects. RFQ No. 40-10/11 was issued on July 18, 2011. On October 19, 2011, the Mayor and City Commission adopted Resolution No. 2011-27762 accepting the recommendation of the City Manager, pursuant to Request For Qualifications (RFQ} No. 40-1 0/11, for a Construction Manager at Risk firm to provide pre-construction services and construction phase services via a Guaranteed Maximum Price (GMP) amendment for the 6th and 365 Commission Memonmdum -61h and 53"' Street Restrooms GMP October 24, 2012 Page 2 of2 53rct Street Restrooms Project; and authorizing the administration to enter into negotiations with the top-ranked firm, Thornton Construction Company, Inc. (Thornton); and further authorizing the Mayor and City Clerk to execute an Agreement for Pre-Construction Services. The Agreement for Pre-Construction Services was executed on January 13, 2012, in the amount of $23,000. On April 9, 2012, Thornton held a bid opening which was attended by representatives the City and the Architect of Record -Corzo Castello Carballo Thompson Salman (C3TS). Subcontractors submitted sealed bids which were opened by Thornton in the presence of the City and C3TS. On April 28, 2012, Thornton submitted the first draft of the GMP proposal for review by the City and C3TS, in the amount of $1,250,921. Following negotiations, and evaluation of value-engineerin~ nnt·inn,.:: Thornton submitted the final negotiated GMP in the amount of $1,200,493 ($614,322 for et Street Restrooms and $586,171 for 53ro Street Restrooms). It is important to note that Thornton obtained competitive bids from sub-contractors in order to reach the best possible GMP. The Schedule of Values per discipline is included as Attachment A. In order to obtain further assurance that the best value for this project had been negotiated, the City contracted Atkins of North America (Atkins) to perform an independent estimate of probable construction costs (Attachment B). Atkins' estimated construction cost of this project is $1,388,000, which is approximately 15% higher than the negotiated GMP. The Administration is of the opinion that the final GMP is competitive, fair and a reasonable price for the construction of the 6th and 53rct Street Restrooms Project Upon City Commission's approval of the GMP, and as contemplated in any GMP Amendment(s), Thornton will deliver all of the Construction Services required to complete the work in strict accordance with the Contract Documents, and deliver the Project to the City at or below the GMP and within the Contract time. anticipated Project Schedule for the construction of the 6th and 53rct Street Restrooms Project is Commission GMP Awarded: October 24, 2012 Notice to Proceed Number One: December, 2012 Notice to Proceed Number Two: January, 2013 Construction Start: January 2013 Construction Completion: July 2013 CONCLUSION The Administration recommends approval of the attached Resolution, authorizing the Mayor and City Clerk to execute a Guaranteed Maximum Price (GMP) Amendment No.1 to the Pre~Construction Services Agreement with Thornton Construction Company, Inc., for 6th and 53rct Street Restrooms Project, in the amount of $1,200,493, plus an owner's contingency in the amount of $120,049, for a project total of $1,320,542; with previously appropriated funding in the amount of $568,539 from SP Post RDA COT and Municipal Resort Tax Fund 388, $107,215 from SB Quality of life Resort Tax Fund 3~nd $644,788 from Capital Projects not Financed by Bonds Fund 301. KB\JG~D Attachments: A Schedule of Values Discipline B. independent Estimate of Probable Costs prepared by Atkins 366 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NO. 1, TO THE PRE~CONSTRUCTION SERVICES AGREEMENT WITH THORNTON CONSTRUCTION COMPANY, INC., DATED JANUARY 13,2012, FOR THE CONSTRUCTION OF THE 6TH AND 53RD STREET RESTROOMS PROJECT, IN THE AMOUNT OF $1,200,493, PLUS AN OWNER'S PROJECT CONTINGENCY OF $120,049, FOR A TOTAL OF $1,320,542; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $568,539 FROM SP POST RDA CDT AND MUNICIPAL RESORT TAX FUND 388, $107,215 FROM SB QUALITY OF LIFE RESORT TAX FUND 305, $644,788 FROM CAPITAL PROJECTS NOT FINANCED BY BONDS FUND 301. WHEREAS, on July 13, 2011, the City Commission approved the issuance of a Request for Qualifications (RFQ) No. 2011-27762 a Construction Manager at Risk Firm to Provide Pre-Construction Services and Construction Phase Services via a Guaranteed Maximum Price (GMP) Amendment for the 6th Street and 53rd Street Restrooms Project (the Project); and WHEREAS, the scope of work for this project consists of the demolition of the existing restroom facility located at Lummus Park at 599 Ocean Drive (6th Street Restrooms), and construction of a new 1,500 SF facility; and demolition of the existing restroom facility and Ocean Rescue office (53rd Street Restrooms), located at 53rd Street and Collins Avenue, and construction of a new 864 SF restroom facility and 546 SF office for the Ocean Rescue Department; and WHEREAS, on October 19, 2011, the Mayor and City Commission adopted Resolution No. 2011-27762, accepting the recommendation of the City Manager, pursuant to RFQ No. 40-10/11, and authorizing the Administration to enter into negotiations with the top- ranked firm, Thornton Construction Company, Inc. (Thornton); and further authorizing the Mayor and City Clerk to execute a Pre-Construction Services Agreement; and WHEREAS, the Pre-Construction Services Agreement was executed on January 13, 2012, in the amount of $23,000; and WHEREAS, the City Administration and Thornton have negotiated a GMP, in the amount of $1,200,493 and, accordingly, the City Manager requests that the Mayor and City Commission accept and approve the GMP, plus an owner's contingency in the amount of $120,049, and authorize the Manager and City Clerk to execute the GMP Amendment No. 1 to the Pre Construction Services Agreement, in the aforestated amount. 367 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the Guaranteed Maximum Price (GMP) Amendment no. 1, to the Pre~Construction Services Agreement with Thornton Construction Company, Inc., dated January 13, 2012, for the construction of the 6th and 53rd street restrooms project; said amendment, in the amount of $1,200,494, plus an owner's project contingency of $120,049, for a total of $1 ,320,542; with previously appropriated funding in the amount of $568,539 from SP Post RDA CDT and Municipal Resort Tax Fund 388, $107,215 from SB Quality life Resort Tax Fund 305, and $644,788 from Capital Projects not Financed by Bonds Fund 301. PASSED AND ADOPTED THIS ___ DAY OF ____ .2012. ATTEST: Rafael Granado, CITY CLERK Matti Herrera Bower, MAYOR KB\JGG\FV\DM T:\AGENDA\2012\10-24-12\6 and 53rd St Restrooms ·Thornton GMP Amendment 1\6th and 53rd St Restrooms-Thomton- GMP Amendment 1· RESO.doc 368 NTON Project Name: City of Miami Beach. Slh & 53rd Street Restrooms !late: July 6, 2012 PROJECT BREAK!lOWN ITEM No. TRADE PACKAGE 53RO ST 6TH ST VALUE PROPOSED SUBCONTRACTOR 1 GENERAL CONDITIONS 79.900 83,263 163.163 Thornton Ce>r1structlon Co. 2 GENERAL REQUIREMENTS $ 2.685 s 2,685 5.370 Thornton Construction Co. 3 DEMOLITION ! ASBESTOS ABATEMENT $ 11,480 $ 11,515 23.995 Berg Osmolition 4 MAINTENANCE OF TRAFFIC s 12,35C s 12,350 $ 24,700 Thornton Cormtructicm Co. 5 SITEWORK $ 65.236 $ $4,409 $ 119,647 Miguel Lopez Jr., Inc 6 SITE FURNISHINGS $ 841 $ 841 1,682 Schedule 10 LANDSCAPING & IRRIGATION s 14,15f 32.425 $ 46,581 Aquatic Landscaping Design 8 CONCRETE $ 78,665 108.388 $ 187,053 Shellcrata 9 LIGHT WEIGHT INSULA TED CONCRETE 4,000 N!A $ 4.900 Don Wo·i<s 10 MISC. CARPENTRY 8,450 6237 14,687 Thornton Construction Co. 11 CABINETRY 1,235 NIA $ 1.235 Mica Craft 12 ROOFING s 15,002 16 533 $ 31,535 Bob Hilson Roofing 13 W.P. & CAULKING $ 1,400 1.200 2,600 Thornton Construction Co. 14 DOORS. FRAMES. HOW. s 13,500 10 575 $ 24,075 Lotspiech Go. of Florida 15 STOREFRONTIGLA21NG 3,800 13280 17.080 J& D Glazing 16 STUCCO ! SKIM COAT PLASTER $ 19,45() 18.780 38,230 Gold Coast Plastenng DRYWALL 9,060 N/A 9,060 Cornerstone Ccontracting 18 ACOUSTICAL CEILING $ 620 NIA 820 AH Square Acoustics 19 FLOORING (STONE/TILE) $ 31,705 $ 53302 85,007 Proffesiona! Flooring Contractors 20 EPOXY FLOORING $ 7.418 $ 15.066 22AB4 Durabor.d 21 PAINTINGIVVVC $ 5,971 $ 7.080 13,057 Xpres:s Painting 22 LOUVERS $ 8,i05 $ 4,681 $ 12.786 Aim lite 23 SPECIALTIES 18.416 19.131 $ 37,547 Specialties Source 24 PLUMBING 35.45() 41,000 $ '76,450 Centerline P!umbing 25 HVAC 12,800 6,300 $ 19,100 Apex 26 ELECTRICAL 71,500 40,700 $ 112,200 Hi-r ech Electrical TRADES SUBTOTAL $ 534,097 G.C. FEE@ 7.0% 37.387 $ 39,182 76.569 PAYMENT & PERFORMANCE BOND@ 1.5% 8.011 $ 8,396 16.408 GENERAL LIABILITY INSURANCE 1.3% 6676 6,987 13,673 GUARANTEE MAXIMUM PRICE $ 586,171 $ 614,322 $ 1,200,494 C:\Documan!s and Settings\ptittley\Desktop\GMP-PresentationiGMP ESTIMATE -Co~Jlal!!l> 1 of 1 369 Cl F lA I BEACH 53RD ST. & COLLINS AVE. AND 6TH ST. & OCEAN DRIVE uNEW RESTROOM FACIUTIESn CITY OF MIAMI BEACH PROJECT NO. TBD ESTIMATE OF PROBABLE CONSTRUCTION COSTS JUNE 2012 fOR: SUBMITTED BY: I S 370 ST. AND COLLINS AVE., ST. ANO OCEAN DRIVE-COST ESTIMATE 1 SCOPE OF WORK ....................................................................................................................................................... 4 2 REFERENCE DOCUMENTS .......................................................................................................................................... 4 3 COST ESTIMATING METHODOLOGY .......................................................................................................................... 4 4 COST ESTIMATE SUMMARY ...................................................................................................................................... 5 5 COST ESTIMATE ASSUMPTIONS AND EXClUSIONS ................................................................................................... 6 5.1 ASSUMPTIONS NOT ALL 6 S.2 EXCLUSIONS .............................................................................................................................................................. 6 6 DETAILED COST ESTIMATE ........................................................................................................................................ 7 Page I 2 KiNS 371 ST" AN!J OCEAN !JR!V£ • COST ESTfMA TE Date: June 25, 2012 Ms. Thais Vieira .. RA Capital Projects Coordinator Capital improvement Projects City of Miami Beach Subject: 53'd St. & Collins Ave. and 61 " St. & Ocean Drive-New Restroom Facilities COMB Project No.: TBD 100% Construction Documents Submittal Estimate of Probable Construction Costs Dear Thais, submitted via e-mail Attached find the estimate of probable construction costs for the 100% construction documents submittal. Based on the documents received, we anticipate the probable cost of construction for both to be $1,388,000 or a range of construction costs for this project to be $1.2M to $:LSM 1 . The estimated range of costs accounts for the current market conditions and potential competitive bids. Please note the general basis, assumptions and qualifications that are accounted for in the development of this project's cost estimate (please see page 6 for more qualifications): Basis, Assumption and Exdusions: .. Estimate is based on 100% Construction Documents Submittal Drawings Planners, dated March 1, 2012 and Addendum #2 dated March 30, 2012. .. Intent of the cost estimate development at this phase of the project is to establish a reasonable cost range for the project. .. Estimate assumes a CM at Risk method. .. Unit costs are based on historical projects and standard references. We thank you for the opportunity to be part of this verv important project. Please contact me with any questions or comments at (305) 514.3211, Juan Alfonso, Assoc. AlA Assoc. VP, Group Manager Cc: File 1 Combined range for both restroom projects. Page I 3 KiNS 372 ST. AND OCEAN DR!V£ • COST EST!MA T£ The scope of work includes the development of an estimate of probable construction costs for the City of Miami Beach- 53'd St & Collins Av. and St. & Ocean Drive, New Restroom Facilities, based on the documents by C3TS Architects Planners, dt 03/01/2012. scope of the construction cost estimate includes: .. All related site work. " Cost estimate for New Restroom Facilities at 53'd Street and Collins Avenue. .. Cost estimate for New Restroom FacHities at Street and Ocean Drive. .. Deductive Alternates as per plans. 100% Construction Documents submittal dt. issued by C3TS Architects Planners Engineers. .. Addendums 1 & 2, issued by C3TS Architects Planners Engineers dt. 03/30/2012. .. Project scoping was conducted in conjunction with City of Miami Beach PM and C3TS PM to determine or clarify the overall scope of the project. .. Detailed quantities were developed using On Screen Takeoff (OST) software, as well as manual take·offs quantities (when appiJt:atlleJ .. Reasonable sub-contractor markups, taxes, and bond were added to the estimated direct costs, as applicable. .. Estimate does not account for any construction contingencies for unforeseen conditions. .. .. .. .. Page 14 Estimate includes construction costs for four (4) Deductive Alternates as per drawings and conversations with C3TS PM. Estimate includes contractor markups such as general conditions, overhead and profit which accounts for current market conditions. Estimate only includes construction costs and excludes any pre-construction costs. Estimate assumes normal bidding conditions and CM @ Risk delivery method . Intent of construction cost estimate is to establish a reasonable cost to construct this project Actual solicited sub-contract bids could vary from this estimate due to market conditions, material price fluctuations, competition, date, contractor means and methods, and perceived risk. KiNS 373 ST. AND COLLINS AVE., ST. AND OCEAN DRIVE· COST ESTIMA T£ Page I 5 KINS 374 St end Collins Ave/6th 5t ond Oeeon [)L, New Restroom Facilities City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 100% Construction Documents Estimate Summary-53rd St & Collins Ave. and 6th & Ocean Drive 01 General Conditions 02 General Requirements 03 Demolition/ Asbestos Abatement 04 Sitework 05 Site Furnishings 06 landscaping & Irrigation 07 Concrete (lncld. Masonry & Metals) 08 lightweight Insulated Concrete 09 Misc. Carpentry 10 Cabinetry 11 Roofing 12 W.P. & Caulking 13 Doors, Frames, Hardware 14 Storefront/Glazing 15 Stucco/Skim Coat Plaster 16 Drywall 16a Wall Finishes limestone Cladding, Misc.) 17 Acoustical Ceiling 18 Flooring (Stone/Tile) 19 Epoxy Flooring 20 Painting/VWC 21 louvers 22 Specialties 23 Plumbing 24 HVAC 25 Electrical Subtotal Constn.u.:tion Costs Overhead & Profit Bonds & Insurance Subtotal Construction Costs Estimate Contingency Page 15 375 $ 129,334 $ 3,500 $ 48,512 $ 111,236 $ 1,000 $ 117,768 $ $ 1,428 $ 1,500 $ 3,200 $ $ 28,995 $ $ 26,267 $ 35,268 $ 7,068 $ $ 699 $ $ 18,720 $ 58,104 $ 6,206 $ 49,165 $ 132,227 $ 37,415 $ 82,289 $ 1,207,114 6.5% $ 78,462 3% $ 36,213 $ 1,321,790 5% $ 66,089 $ 1\TKINS St. ond Co/lim Ave/6th St and Ocean OL,, New Restroom Facilities 53rd Street & Co!Hns Avenue Alt. 1 · Sealed Concrete Alt. 2 • Wa!!s A!t. 3 · Standard Concrete Plaza Alt. 4 • SoHd Plastic HDPE ToHet Partition 6th Street & Ocean Drive A!t. 1 • Sealed Concrete A!t. 2 • Walls A!t. 4 ·Solid P!astk HDPE Toilet Partition ATKINS 376 ST. AND COLLINS AVE., ST. AND OCEAN D!?JVE-COST ESTIMATE 5.1 ASSUMPTIONS (MAJOR, NOT All INCLUSIVE) • Estimate assumes that both projects will be done simultaneously with a shared Project Manager. 5.2 EXCLUSIONS • Estimate excludes Builder's Risk insurance. .. Estimate excludes owner's soft cost including FF&E, A/E Fees, Consultant Fees, Construction Engineering & Inspection (CE&I) Fees. .. Estimate excludes Environmental Remediation & Mitigation Fees, if required. .. Estimate excludes any other new scope not shown on drawings. • Estimate excludes escalation beyond 2012, all prices present day 2012) Estimate excludes Davis Bacon Wages. Page I 6 KiNS 377 !iT AND COLLINS AVE., ST. AND OCEAN DRIVE-COST ESTIMATE Page I 7 KINS 378 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 100% Construction Documents Estimate Summary-53rd St & Collins Ave. 01 General Conditions 02 General Requirements 03 Demolition/ Asbestos Abatement 04 Sitework 05 Site Furnishings 06 & 07 Concrete (lndd. Masonry & Metals) 08 lightweight Insulated Concrete 09 Misc. Carpentry 10 11 Roofing 12 W.P. & Caulking 13 Doors, Frames, Hardware 14 Storefront/Glazing 15 Stucco/Skim Coat Plaster 16 Drywall 16a Wall Finishes (Tile, 17 Acoustical Ceiling 18 Flooring (Stone/Tile) 19 Epoxy Flooring 20 Painting/VWC 21 louvers 22 23 Plumbing 24 1-IVAC 25 Electrical Subtotal Construction Costs Overhead & Profit Bonds & Insurance Subtotal Construction Costs Estimate Contingency Construction Costs 379 53rd St and Col.lins Ave., New Restroom Foci!itv June 25, 2012 $ 59,963 $ 2,000 $ 30,607 $ 73,533 N/A $ $ 77,386 $ 1,428 N/A $ 3,200 $ 8,534 $ 23,725 $ 18,560 $ 4,328 $ 17,531 $ 7,068 $ 12,833 $ 699 $ $ 5,490 $ 5,491 $ $ 26,775 $ $ 19,820 $ 45,546 $ 559,651 6.5% $ 36,377 3% $ 16,790 $ 612,818 5% $ 30,641 $ 643,459 ATKINS 5t end Collins Ave" New Restroom Facility 53rd Street & CcdHns Avenue A!t, 1 -5ea!ed Concrete Alt. 2-WaHs A!t, 3 -Standard Concrete Plaza Alt. 4-Solid Plastic HDPE Toilet Partition 1\TKINS 380 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 53rd Street & Collins Avenue ~ Ocean , ""'"'"'"'"" & Restroom Estimate of Probable Construction Cost 381 June 25. 2012 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom facilities 53rd Street & Collins Avenue ~ Ocean Rescue & Restroom Estimate of Probable Construction Cost of Structure, Cross Bracing, Sound Insulation -5/ll" Gyp. BeL Up to 6" Abv, Ceiling, on 3-5/$" Metal Studs of Structure 382 June 25, 2012 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 53n::! Street & Collins AvemJe • Ocean Rescue & Restroom ~'*l'l•r-m1n1 Estimate of Probable Construction Cost DESCRIPTION Studs ) -Allowance 383 June 25. 2012 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 53rd Stre®t & Comns Avenue • Ocean Rescue & Restroom Estimate of Probable Construction Cost Electrical Panels Panel 'A' 1201240V, 200A, 1P. 3W 384 June 25. 2012 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 53rd Stre®t & Comns Avenue • Ocean Rescue & Restroom Estimate of Probable Construction Cost DESCRIPTION 100A, 1P, 3W Type A (CircJiar Wall Mounted) Type !3 (1' x 4' Light Fixture, Chain Hung) Type C (26' L Light Fixture, Wall Mounted) (Allowance) Type C (26' L Light Fixture, Wall Mounted, wl Batt Pack) (Allowance) 385 June 25, 201 2 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 53rd S1reet & Co!Hns Avenue· Sitework Estimate of Probable Construction Cost June 25. 2012 386 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 53rd Street & Comn~ AvemJe • Sitework Estimate of Probable Construction Cost DESCRIPTION 53rd Stroot & Collins Avenue • Sitework 387 June 25, 2012 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 100% Construction Documents Estimate Summary -6th St & Ocean Drive 01 General Conditions 02 General Requirements 03 Abatement 04 Sitework OS Site Furnishings 06 landscaping & Irrigation 07 Concrete & Metals} 08 Lightweight Insulated Concrete 09 Misc. Carpentry 10 11 Roofing 12 W.P. & Caulking 13 Doors, Frames, Hardware 14 Storefront/Glazing 15 Stucco/Skim Coat Plaster 16 Drywall 16a Wall Finishes Limestone Cladding, 17 Acoustical 18 Flooring (Stone/Tile) 19 Epoxy 20 Painting/VWC 21 louvers 22 Specialties 23 Plumbing 24 HVAC 25 Electrical Subtotal Construction Costs Overhead & Profit Bonds & Insurance Subtotal Construction Costs Design Contingency Construction Costs Page 17 388 53rd and Collins Ave., Nevi Restroom Facility June 25, 2012 $ 69,371 $ 1,500 $ 17,905 $ 37,703 $ 1,000 $ 74,518 $ 121,257 $ $ 1,500 $ $ 33,189 $ 5,271 $ $ 21,939 $ 17,738 $ $ 15,624 $ $ 216 $ 13,230 $ $ 2,663 $ 22,390 $ 67,460 $ 17,595 $ 36,743 $ 647,463 6.5% $ 42,085 3% $ 19,424 $ 708,971 5% $ 35,449 $ 144,420 1\TKINS 53rd and Collins Ave" New F?estroom Facility 6th Street & Oceaw~ Drive Alt. 1 ~ Sealed Concret®? Alt. 2 ~ W<:~l!s Alt. 4 ~Solid Plastic HOPE Toilet Partition Page 18 J\TKINS 389 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 6th Street & Ocean Driv€\ • Re:stroom Estimate of Probable Construction Cost 390 June 25, 20i 2 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 6th Street & Ocm::tn Drive -Ro~troom Estimate of Probable Construction Cost DESCRIPTION Keyed Dead Bolt (Assumed-Schlage B60N619) rdware Set B (Interior} Mortise Lock wr Lever {Schlage L9465) Hinges 4-1/2" x 4-1/2" SP (Hager 881199) Door Closer Push/Pull Plate/handle Hinges 4-112" x 4-1/2" SP (Hager BB1199) Door Closer Kick Plate 16" x 34" 391 Jure 25, 2012 City of Miami Beach 53rd St. &: Collins and 6th St. &: Ocean Drive New Restroom Facilities Sth Street & Ocean Drive -Restroom Estimate of Probable Construction Cost 392 June 25, 2012 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities Stl'l Street & Ocean Drive • Restroom Estimate of Probable Construction Cost 6th Street & Ocean Drive • Restroom Facility 393 June 25, 2012 Estimate Contingency @ 5% Es\imale Total ESTIMATE (Rounded) NS City of Miami Beach 53rd St & Collins and 6th St. & Ocean Drive New Restroom Facilities 6th Stn'l!et & Ocean Drive • Sitework Estimate of Probable Construction Cost June 25. 2012 394 City of Miami Beach 53rd St. & Collins and 6th St. & Ocean Drive New Restroom Facilities 6th Street & Ocean Drive ~ Sitework Estimate of Probable Construction Cost OESCR!PTlON ---' ------ 6th Street & Ocean Drive -Sitework 395 June 25.2012 NS COMMISSION ITEM SUMMARY A Resolution of the Mayor and Commission of the of Miami Beach, Florida, authorizing the Mayor and City Clerk to Execute Amendment No. to the construction Contract between the City of Miami Beach, Florida, and Trans Florida Development Corporation, for the construction of the of Miami Beach Right-of-Way Infrastructure Improvement Bayshore Neighborhood No. 8B, lower North Bay Road; dated June 28, 201 i (The Contract), in the not-to-exceed amount of $798,424 plus an Owner's Contingency of for a total of $878,266, for Additional Stormwater & Hardscape Components throughout the project limits, and approval of an Increased Material Cost; with previously appropriated funding available in the amount of $337,721 from Gulf Breeze 2006 Fund 423, $274,351 from Stormwater Bonds 201 i Series Fund 431, 58,512 from Stormwater Enterprise Fund 427, $67,893 from Capital Reserve Fund 304, $30,000 from 2003 GO Bonds Neighborhood Improvement Fund 384, and $9 789 from Pa As You Go fund 302. Issue: I Shall the City Commission adopt the Resolution? On December 8, 2010, the Commission, pursuant to Invitation to Bid (!TB) NO. 02-09/10 approved the award of a construction Contract to Trans Florida Development Corporation for the construction of the City of Miami Beach Right-of-Way Infrastructure Improvement Program of Bayshore Package 88 in the not to exceed value amount of $4,460,745.21. The Administration has acknowledged that the following additional scope of work is warranted to improve the overall community level of service: 1. Additional Storm Water and Hardscape Components Throughout the Proiect limits Subsequent changes had to be made to the design documents to add additional relief from potential flooding conditions. This in tum reflected additional scope of work toward the base bid of Trans Florida's contract that totaled $231 .484.57 for additional Storm Water & Hardscape components throughout the project limits. 2. Overall Increased Material Cost Following the initiation date, Trans Florida Development sent notification to the City that due to recent price escalations from their vendors they would not be able to honor the original Contract price from 2010. This cost difference, reflected in their cost proposal, represented a total cost increase of $566,939.49. The City validated this claim by having Atkins perform an independent cost analysis to the estimate provided by Trans Florida. This analysis determined that the increase cost fell within a reasonable cost range for the project that was reflective of the current market conditions in the South Florida region. On 9, 2012, the Administration presented to the Finance & Citywide Projects Committee the aforementioned revisions which included the additional scope and Contractor's proposal for increase in material and labor prices resulting from the Contractor's claim of a delayed start of construction. On September 27, 2012 the City Commission approved the additional funding to the 2013 Capital Budget for the additional scope as related to stormwater and hardscape, and the escalation in material cost. Notice to Proceed 2 (NTP-2) was issued on September 28, 2012 which will allow mobilization and the commencement of construction activities. Amount Account $337,721.00 423-2326-069357 $27 4,35 i .00 431-2326-069357 $158,512.00 427-2326-069357 $67,893.00 304-2326-069357 $9,789.00 302-2326-069357 $30,000.00 384-2326-069357 $878,266.00 IBE AGEND.A 396 cyf Mi©>mi •©>ch, 1700 Convention Center Drive, Miomi Beoch,. Horido 33139, TO: Mayor Matti Herrera Bower and Members of the Commission FROM: Kathie G. Brooks, Interim City Manager DATE: October 24, 2012 SUBJECT: A RESOLUTION Of THE MAYOR AND CITY COMMISSION Of THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND TRANS FLORIDA DEVELOPMENT CORPORATION, FOR THE CONSTRUCTION OF THE CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, BAYSHORE NEIGHBORHOOD NO. 8B, LOWER NORTH BAY ROAD; DATED JUNE 28, 2011 (THE CONTRACT), IN THE NOT~TO-EXCEED AMOUNT OF $798,424 PLUS AN OWNER'S CONTINGENCY OF $79,842 FOR A TOTAL OF $878,266, FOR ADDITIONAL OWNER REQUESTED IMPROVEMENTS THROUGHOUT THE PROJECT LIMITS, AND APPROVAL OF AN INCREASED MATERIALS COST; WITH PREVIOUSLY APPROPRIATED fUNDING IN THE AMOUNT OF $337,721 FROM GULF BREEZE 2006 FUND 423, $274,351 FROM STORMWATER BONDS 2011 SERIES FUND 431, $158,512 FROM STORMWATER ENTERPRISE fUND 427, $67,893 fROM CAPITAL RESERVE FUND 304, $30,000 fROM 2003 GO BONDS NEIGHBORHOOD IMPROVEMENT FUND 384, AND $9,789 FROM PAY AS YOU GO FUND 302. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure value and the timely delivery of a quality capital project. FUNDING Funding in the amount of $878,266 has been previously appropriated in the Capital Budget as follows: Construction Cost including Contingency: $ 337,721 $ 274,351 $ 158,512 $ 67,893 $ 9,789 3i 30,000 $ 878,266 Fund 423 -2006 Gulf Breeze Fund 431 -2011 Storm Water Bonds Series Fund 427 -Storm Water Enterprise Fund 304 -Capital Reserve Fund 304 Fund 302-Pay As You Go Fund 384-2003 Go Bonds Neighborhood Improvement 397 BACKGROUND On 9, 2003, the City Commission approved Basis of Design Report (BOOR), completed and submitted by CH2MHill for the Neighborhood No. 8 Bayshore/ Sunset Islands Project This BOOR was the culmination of a comprehensive planning effort that included input and reviews by residents, various City Departments, and the Design Review Board (DRB). Invitation to Bid No. 2-09/10 was issued on November 25, 2009. The bid opening date was February 8, 2010. Since the City was experiencing some difficulty acquiring the necessary permits to continue with the project due to regulatory agencies taking a stricter approach/interpretation of the anti-degradation policy of Biscayne Bay, the bid opening was postponed the dewatering permit issue could be resolved. Bids were reopened on October 181h, 2010. On November 18, 2010, the Technical Review Panel (TRP), as well as support staff from the Design Engineer of Record CH2M Hill, convened to review, evaluate and rank the bids submitted for the Lower North Bay Road Infrastructure Improvement Project Neighborhood 8B. On December 8, 2010, the Mayor and City Commission adopted Resolution No. 2010-27567, approving a contract award with Trans Florida Development Corporation, pursuant to Invitation to Bid No. 2-09/10, for the construction of the Right-of-Way Infrastructure Improvement Program Bayhsore Neighborhood No. 8B, Lower North Bay Road project On February 7, 2011, shortly after construction contract award, a memorandum was presented by Goldsmith to the members of CIPOC, City Commissioners, Public Works, the City Manager, and Lower North Bay Road Homeowner's Association (HOA) summarizing a preliminary review of the project and requesting several upgrades and revisions to be made to the existing plans. On March 11, 2011, the Administration issued Request for Qualifications (RFQ) No. 22-10/11 for RPR services for the Neighborhood No. 8 -Bayshore and Sunset Islands Right of Way Improvement Projects, specifically Central Bayshore Neighborhood No. 8A, Lower North Bay Road No. 8B, and the Lake Pancoast Neighborhood No. 8C. On May 11, 2011, the Mayor and City Commission adopted Resolution No. 2011-27652 accepting the ranking of proposals recommended by the City Manager and authorizing the Administration to enter into negotiations with the top ranked firms pursuant to RFQ No. 22- 10/11. The Administration successfully negotiated an acceptable agreement with the top ranked firm, Atkins. The City maintained CH2M Hill as the Engineer Record by providing construction administration services throughout the construction phase of the projects, and for final certification the projects. On July 13, 2011, the Mayor and City Commission approved the award for RPR services to Atkins and simultaneously approved the award of Construction Administration services to CH2M Hill. The design plans were revised to include Changes requested by the HOA and the Public Works Department {PWD) On August 18, 2011, Notice to Proceed 1 (NTP-1) was issued to Trans Florida. On December 5, 2011, the CIP Office held a Pre-Construction Meeting in anticipation of a ground breaking in January, 2012. Owner Departments as wei! as utility companies (FPL, Sprint, AT&T, and Atlantic Broadband) attended the meeting. 398 On February 2, 2012, the time the contractor was securing their final right way and dewatering permits and prior to issuance the Second Notice to Proceed (NTP-2), CIP received additional comments from PWD which required further design analysis from the engineer of record. The project was put on a temporary "hold" status while the review was taking place. On 16, 2012, a Technical Memorandum was provided by the engineer of record to Public Works which finalized and closed out the comments and the need for any additional plan revisions. As a result of the requested improvements by the HOA, additional comments received by PWD, as well as delays by the contractor in providing the adequate documentation to issue NTP-2, the project incurred delays. As a result of these delays, on May 30, 2012, the contractor sent notification to the City that due to recent price escalations from their vendors they would not be able to honor the original Contract price. On July 9, 2012, the Administration presented the aforementioned revisions which included the additional scope and the contractor's proposal for increase in material and labor prices resulting from the Contractor's claim of a delayed start of construction. Staff requested funding to the Finance & Citywide Projects Committee. (Refer to Exhibit D). On September 27, 2012 the City Commission approved the additional funding to the Capital Budget 2013 in the amount of $828,643 for the cost increases and additional scope as related to improvements requested by Public Works Department and in material escalation cost Notice to Proceed 2 {NTP-2) was issued on September 28, 201 ANALYSIS The following is an itemized listing of the new scope of work to be added to the Trans Florida Construction's Contract and the material cost escalation to date: 1. Additional Storm Water and Hardscape Improvements The Bayshore neighborhood is bound by environmentally sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida Water (OFW) and intracoastal waterway. The area has relatively low-lying and flat topography that experiences high intensity rainfall, significant tidal influence, limited soil storage for infiltration, and very limited swale storage capacity due to a high distribution of impervious area. The Lower North Bay Road Neighborhood's current stormwater management system consists primarily of outfalls served by swales, inlets, and storm water drains. The existing design is based upon the recommendations of the City's 1997 Stormwater Master Plan and the subsequent Bayshore neighborhood BOOR Following award of the contract to Trans Florida Development the City's Stormwater Master Plan consultant, COM Smith, undertook an extensive stormwater analysis of the Bayshore Neighborhood. The Stormwater Master Plan determined that the following improvements were warranted: " Replacing the existing storm water outfall on W. 23ra Street from the Alton Road right of 399 way to the seawall. m Extending the valley gutters on W. 2th, W. 23rd, W. st streets and N. Michigan Avenue into the Alton Road Right-of-way. Also included were Owner Requested changes from Public Works such as tees and blow-offs on the water main connections and a storm water pipe change from reinforced concrete pipe (RCP) to PVC. The PVC pipe is to be installed pursuant to the terms and conditions set forth in the Contract Documents. Additional shared-lane bike markings along Lower North Bay road were also requested. Subsequently, Trans Florida Development submitted a cost of $231,484.57 (Refer to Exhibit A) for all these additional improvements. City staff and the EOR reviewed the cost estimate and find it to be fair and reasonable for the additional scope of work. The City took the necessary to validate this claim by contracting with a constructability consultant, Atkins, to prepare an independent cost analysis of the proposal submitted by Trans Florida (Refer to Exhibit C). 2. Overall Increased Material Cost In May, 2012, Trans Florida Development sent notification to the City that due to recent price escalations from their vendors they would not be able to honor the original Contract price from 2010. An amount of $671,878 was presented by the contractor on June 2012 for the increase in material costs over the 1 year period. As part of Atkins analysis, the intent was to establish a reasonable cost range for the project that was reflective of the current market conditions in the South Florida Region. Based upon this, cost increases were evaluated and found to be fair and reasonable, however CIP staff was able to renegotiate a reduced price by approximately $100,000. The final cost difference reflected in their revised cost proposal represented a total cost increase $566,939.49 (Refer to Exhibit B). On July 9, 2012, the Administration presented the aforementioned revisions which included the additional scope and the contractor's proposal for increase in material and labor prices resulting from the Contractor's claim of a delayed start of construction. Staff requested funding to the Finance & Citywide Projects Committee. (Refer to Exhibit D). Project Schedule As previously stated, the NTP-2 was issued on September 28, 2012. The contract is anticipated to be in construction for 16 months with an anticipated completion date of January 2014. The increased Scope of work does not require additional time to the overall Project CONCLUSION: The Administration recommends that a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, be authorized by the Mayor and City Clerk to execute Amendment No. 1 to the Construction Contract, between the City of Miami Beach, Florida, and Trans Florida Development Corporation, for the construction of the City of Miami Beach Right of Way Infrastructure Improvement Program, Bayshore Neighborhood No. 8B, Lower North Bay Road Project; dated June 28, 2011, in the not-to-exceed amount of $798,424 plus and Owner's Contingency of $79,842, for additional Storm Water & Hardscape components throughout the project limits and approval of an increased materials cost; with previously appropriated funding available from 2006 Gulf Breeze Fund 423 for $337,721, 2011 Storm Water Bonds Series Fund 431 for $274,351, Storm Water Enterprise Fund 427 for $158,512, Capital Reserve Fund 304 for $67,893, Pay As You Go Fund 302 for $9,789, and the 2003 G.O. Bonds Neighborhood Improvement Fund 384 for $30,000.00, for a grand total of $878,266. 400 ATTACHMENTS: Exhibit A-Trans Florida Development's Cost Proposal #1 for Additional Scope of Work Exhibit B -Trans Florida Development's Cost Proposal #2 for Material Escalation Exhibit C-Independent Estimate Cost Analysis Exhibit D-PC RO.W. Memorandum of 9, 2012 T:\AGENDA\2012\i0-24-12\Bayshore 8 -Lower North Bay Road\Lower North Bay Road 88 -TRANS FLORIDA CONTRACT AMENDMENT MEMO 1.3.docx 401 CHANGE OROER NO. 1 (CHANGE OF SCOPE) PROJECT: BAYSKOR.E NEIGHBORHOOD SB l;)f,? 613!2012 N 0 -.:::t CHANGE ORDER NO. 1 (CHANGE OF SCOPE) PROJECT: BAYSHORE NEIGHBORHOOD 88 61812012 M 0 -.:::t TRANS FLORIDA CHANGfOO!lER 00 2 {INCREASE Of MATEii!Al.S AND SU!!COOTAACTOO !'li!C!'S DUE TO !lElA 'lED HART) PROJECT: BAYSHORE NEIGHBORHOOD BB I &i8i2012 .q-0 oq- CHAOOE ORDER NO. 2 (INCREASE Of MATERIAlS ANO ~RACfOR PRICES DUE TO DELAYED ST MT) PROJECT: BAYSHORE NEIGHBORHOOD 88 £1B!2i)12 II) 0 -.:::t CIWiG£ OO!JER NO, 2 (INCREASE Of MATERiAlS !\NO SUBCONTAA-"TOR PRICES DUE TO DELAYED START) PROJECT: BAYSKORE NEIGHBORHOOD SB &1812012 ),)!·+ (Q 0 -.:::t TRANS FLORIDA CORP. CHANGE O!WfR 00, l a~ Of MATERIALS AND Sl!!lCONTRACTOl! PfflC£S ill!E TO OClAVSl STAAT) PROJECT: 8AYSHORE NEIGHBORHOOD 88 ,...... 0 -.:::t Exhibit C I MIAMI BEACH Date: 11, 2012 Attention: Ms. Maria Hernandez Senior Capital Projects Coordinator Improvement Projects of Miami Beach Submitted via E-mail Subject: COMB Right of Way infrastructure Improvement Program-Neighborhood 88, Bayshore: lower N. Bay Road COMB Project No.: TBD -Independent Estimate of Probable Construction Costs Dear Maria, Attached estimate of construction costs. Based on the documents cost of construction for this project to be $4,762,8001 or a range of construction costs for this based on the current market, to range between $4.6M and $4.9M. The estimated range of probable costs accounts for the current market conditions in South Florida and a environment. Please note the of this for more qualifications): Basis, Assumption and Exclusions: ,. Estimate is based on drawings and by the City of Miami Beach CIP " Intent of the cost estimate at this phase of the project is to establish a reasonable cost range for the which is reflective of current market conditions. • ATKINS provided unit of the labor and costs of the various scope items related to the related to the Base Bid, C0-1 and C0-2 cost items. " Unit costs are based on historical projects and standard references for similar projects in the South Florida region. ,. Per our agreement with the of Miami quantity takeoffs have not been for the scope items. Quantities were the of Miami Beach. " Estimate includes assessment of Deductive /\.lternates. We thank you for the comments at 514.3211, Juan Alfonso, Assoc. AlA Assoc. VP, Manager WI Attachments Cc: Mr. David Martinez-of Miami Beach Mr. Herminie Gonzalez-Atkins North America File Please contact me with any questions or 1 Includes Base Costs, Contract Allowances, and Order 1 and 2 for additional scope. 408 City of Miami Beach ITB N0.02-09/10, Addendum No.9 CITY OF MIAMI BEACH FliGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM NEIGHBORHOOD 813, BAYSHORE: LOWER NORTH BAY ROAD Summary-independent Estimate of Probable Construction Costs No. Scope Description Neighborhool 8B, Bayshore -lower Bay Road i a Allowances: (for Neighborhood 88-Lower Bay Road that were included in base bid) Indemnification 2 3 Permit Allowance of the existing outfalls Allowances Total: Change Order #i Change Order #2 ESTIMATED PROBABLE CONSTR. COST (2012) ESTIMATED PROBABlE CONSTR. COST (Rounded) Builder's Risk Insurance (11 applicable) General Contractor's Contingency (If applicable) DEDUCTIVE Alternate Bid Items NElCiHBORHOOD 88, BA YSHORE: LOWER NORTH BAY ROAD Furnish and install 8" restrained (RJ) PVC pipe in lieu of 8" RJ DIP Furnish and install12" restrained PVC pipe in lieu of 12" RJ DIP Furnish and install iS" HOPE drainage pipe In lieu of 18" RCP drainage pipe Furnish and instal! 24" HOPE drainage in lieu of 24" RCP drainage pipe DEDUCTIVE Alternate Total: I s 11,2012 Total Estimate $4,350,479 $25 $35,000 $190,000 $225,025 $178,327 $8,960 $4,762,790 Not Included Not Included $172,630 $69,618 $5,439 $269,913 §:!J.!ii!Jill_Q!J~~@Qlt Due to the recent bidding conditions in the local area. ATKINS qualifies that the attached estimate and established range or costs are based on best :udgment of a reasonable construction cost range to complete the subject project. However, it is to be noted that there is a potential for the bids for this project to vary from the established range due to reasons that are beyond normal construction market conditions and reasonable competition, 409 CITY OF MIAMI BEACH ITB 1\10.02~09/1 0, Addendum No. 9 FOR CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD 8B, BAYSHOFIE: LOWER NORTH BAY ROAD SUMMARY 1 -General Conditions $ 566,173.59 2-Water and Sewer $ 789,462.50 3 -Stormwater $ 1,884,939.67 4 -Pavement and Streetscape $ 1 '1 09,903.20 GRAND TOTAL BASE BID AMOUNT (1 + 2 + 3 + 4): $ 4,350,478.96 CHANGE ORDER #1: $ 1713,326.52 CHANGE ORDER #2: $ 8,959.60 $ 4,537,765.09 ALLOWANCES Indemnification LS X $ 25.00 Permit Allowance LS X $ 35.000.00 of the outfalls LS X $ 190.000.00 -ALLOWANCE TOTAL: $ 225,025.00 Item No. Descrietion Unit Quantity Unit Price Total 1 -Genera! Conditions LOLa Bonds and Insurance LS X $ 75,686.11 1.02.a Mobilization ! Demobilization LS X $ 189,215.27 1.03.a Survey and As-buills LS X $ 75,500.00 1,04,a Maintenance of Traffic LS X $ 151.372.21 1.05.a Field Office LS X $ 32,400.00 $ 32,400.00 1.06.a Public Information I Liaison Services LS )( $ 17.000.00 $ 17,000.00 1.07.a Trench Safely Act LS X $ 25,000.00 ~ 25.000.00 1 ·Subtotal $ 566,173.59 2 • Water and Sewer 2.01 .a 12" restrained DIP water main LF 5,660 X $ 367,900.00 2.01 .b 1 0" restrained DIP water main LF 40 X $ 56.50 $ 2,260.00 2.0i.c 8" restrained DIP water main LF i ,323 X $ 46.50 2.01.d 6" restrained DIP water main LF 56 X $ 36.00 $ 2.016.00 2.01.e 4" restrained DIP water main LF 30 X $ 29.50 $ 885.00 410 CITY OF MIAMI BEACH ITB NOJ)2-09/1 0, Addendum No. 9 FOR CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD 88, BAYSHORE: LOWER NORTH BAY ROAD 2.02.a Restrained ductile iron fittings 2.03.a i 2" Gate valve w/box 2.03.b 8" Gate valve w/box 2.03.c 6" Gate valve w/box 2.03.d 4" Gate valve w/box 2.04.a 20"x8" sleeve & valve w/box 2.04.b 12"x1 0" sleeve & valve wibox 2.04.c 2.05.a main 2.06.a Air release valve w/box 2.07.a Furnish and install fire w/new 2.08.a Furnish and install fire 2.09.a 2" Water service 2.10.a New water meter box 2.1 I. a 2. 11.b 2.12.a Abandon and cap thru 4" 2.12.b Abandon and cap water main 6" thru 8" 2.13.a Remove and of valve box 2.14.a Remove and dispose of existing fire 3 • Stormwster 3.01 .a Type C inlet wlslot and inlet flume 3.01 .b LB EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA D inlet, 4' dla. w/storm manhole top EA 38,291 10 6 6 2 2 2 3 9 10 2 163 40 6 8 3 7 20 5 13 23 411 X X $ 2,000.00 X $ 1,400.00 X $ 900.00 X $ 725.00 X $ 6,500.00 X $ 3 350.00 X $ !,525.00 X $ 1,500.00 X $ 1,100.00 X $ 3,500.00 X $ 2,750.00 X $ 850.00 X $ 300.00 X $ 150.00 X $ 200.00 X $ 300.00 X $ 350.00 X $ 50.00 X $ 100.00 2 ·Subtotal X $ 2,541.85 $ 76,582.00 $ 8,400.00 $ 5,400.00 $ 1 450.00 $ 6,500.00 $ 6,700.00 $ 3,050.00 $ 4.500.00 $ 9.900.00 $ 138,550.00 $ 900.00 $ 1,600.00 $ 900.00 $ 2.450.00 $ 1.000.00 $ 500.00 $ 33,044.06 $ 60,950.00 CITY OF MIAMI BEACH ITB N0.02~09/10, Addendum No.9 FOR CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD 88, BAYSHORE: LOWER NORTH BAY ROAD 3.0i.c Type D inlet. 4' dia. gutter top EA 18 X 3.0i.d Type E inlet wislot and inlet flume EA X $ 3,389.00 3.01.e Type E inlet w/concrete apron EA 2 X $ 3,239.79 3.01.! TypeD inlet, 5' dia. gutter top EA X $ 3,079.98 3.01.g NO DUMPING stencils EA 42 $ 50.00 X 3.02.a 18" dia. RCP drainage LF 3,396 X $ 53.00 24" dia RCP pipe 3.02.b LF 222 X 3.03.a Connect new drainage pipe to existing structure EA 3 X $ 2,000.00 3.04.a Outfall manhole, 5' dia. w/tideflex valve EA 2 X 3.05.a Manatee aluminum, for 24" outlet EA 4 X $ 650.00 3.06.a Passive relief manhole, 4' dia. EA 2 X $ 14 500.00 3.07.a Outfall cleaning, 8" thru 24" dia. LF 600 X 3.08.a Storm water detention box EA 2 $ 70,000.00 X 3.09.a Storm water station EA 2 X 3.ma 16" Restrained DIP storm water force main LF 281 X $ 98.50 3.iO.b 24" Restrained DIP storm water force main LF 32 X ~ 135.00 3.10.c 30" Restrained DIP storm water torce main LF 17 X $ 234.60 3.1 La Ductile iron for storm water force mains LB i7.190 X $ 2.00 3.i2.a 16" Resilient gate valve EA 4 X $ 5,000.00 3.13.a.i well EA 4 X 3.13.a.2 LF 240 X 3.13.a.3 LF 240 X $ 300.00 3. i3.a.4 Reaming open hole from bottom of casing to total depth LF 560 K $ 30.00 3.13.a.5 Well time HR 96 X $ 120.00 3.14.a Remove existing storm manhole or catch basin EA 28 .X $ 250.00 412 $ 3,389.00 $ 6,479.58 $ 2,100.00 $ 6,000.00 $ 27,000.00 $ 29,000.00 $ 2.400.00 $ 140.000.00 $ 740,000.00 $ 27,678.50 $ 3,988.20 $ 34,380.00 $ 20.000.00 $ 30,000.00 $ 16,800.00 $ 7.000.00 CITY OF MIAMI BEACH ITB N0.02-09/1 0, Addendum No. 9 FOR CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD 813, BAYSHORE: LOWER NORTH BAY ROAD 3.14.b Remove storm sewer pipe LF 504 X 3. i5.a In-The-Wet Storm Sewer Installation LF 500 X $ 8.00 $ 4,000.00 3. i6.a In-The-Wet Storm Sewer Structure Installation EA 2 X $ 500.00 $ 1 000.00 3.17.a CCTV of LF 3,500 X $ 15 750.00 3.18.a Soil/Groundwater sampling and Field Arsenic EA 15 X ~ 150.00 3. i8.b Soil/Groundwater and testing- Lab Arsenic EA 5 X $ 300.00 3.18.c Soil/Groundwater and testing- Field VOC's EA 15 X $ 148.00 3.i8.d Soil/Groundwater sampling and testing- Lab VOC's EA 5 X $ 180.00 3.19.a Removal and of Contaminated Soil CY 2,000 X $ 60.00 3 ·Subtotal $ 1 ,884,939.67 4 • Pavement and Streetscape 4.01.a Roadway pavement removal -full depth SY 20,100 X 4.02.a Encroachment removal -tree up to 10' EA 16 X 4.02.b Encroachment removal -palm tree -11' to 20' EA 4 X § 138.00 § 552.00 4.02.c Encroachment removal -tree-21' to 30' EA 4 X $ 264.00 § 1,056.00 4.02.d Encroachment removal -tree- greater than 30' EA X ~ 335.00 § 335.00 4.03.a Encroachment removal -trees 6" to 18" dia. EA 18 X $ 385.00 $ 6,930.00 4.03.b Encroachment removal -trees palm) greater than i8" up to 36" dia. EA 2 X $ 650.00 $ 1.300.00 4.03.c Encroachment removal -trees palm) greater than 36" dia. EA 2 X $ 860.00 $ 1,720.00 4.04.a Encroachment removal -SF 4,370 X § 0.85 § 3,714 50 4.05.a Encroachment removal-misc. SF 2,525 X ~ 2.25 $ 5,681.25 4.05.b Encroachment removal -curbing LF 1,000 X $ 1,650.00 4.06.a i 8" Concrete gutter LF 11,000 X $ 126,500.00 406b Type "F" concrete curb and gutter LF 210 § 16.00 $ 3,360.00 4.07.a Stabilized subgrade, 12" thick SY 19,573 X $ 1.90 $ 37,188.70 413 CITY OF MIAMI BEACH ITB 1\10.02~09/1 0, Addendum No. 9 FOR CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD 8B, BAYSHORE: LOWER NORTH BAY ROAD ---------- 4.08.a Limerock base course, 8" thick SY 19,573 X $ 176 157.00 4.09.a 4" Concrete sidewalk SF 6,050 X $ 3.55 $ 21,477.50 4.08.b 6" Concrete sidewalk SF 950 X 4.iO.a device EA 4 X $ 1,200.00 $ 4,800.00 4.11 .a restoration -SF 6,900 X $ 3.00 $ 20,700.00 4.11.b Driveway restoration -concrete SF 1 i ,Oi 6 X $ 5.00 $ 55,080.00 4. i i.e restoration -remove & stack/store brick pavers SF 15,717 X 4.12.a Temporary pavement SF 1,200 X 4.12.b 24" stop bars LF 221 X 4.12.c 12" LF 948 X 4.12.d pavement LF 655 X $ 1 113.50 4.12.e 6" single stripe thermoplastic pavement LF 165 X $ 0.85 $ 140.25 4.12.f Turn arrow thermoplastic EA 2 X $ 60.00 $ 120.00 4.12.g 6" Yellow Centerline Striping 10' w 130' thermoplastic LF 5,870 X $ 0.85 $ 4,989.50 4.12.h Misc. pavement SF 500 X $ 2.00 $ 1,000.00 4.12.i Bi-Directional pavement marker EA 182 X $ 4.00 $ 728.00 4.13.a Furnish and install D1 H EA 25 X $ 285.00 $ 7,125.00 4.i3.b Furnish and install D-3 EA X $ 175.00 4.i3.c Furnish and instail M4-i 1 EA 2 )( $ 450.00 4.i3.d Furnish and instaH M4-12 EA 2 X $ 225.00 $ 45000 4.13.e Furnish and instail M7-1 sign EA X 4.13.1 Furnish and install Ri-1 sign EA X $ 225.00 4.13.g Furnish and install Ri-4 sign EA 2 X $ 350.00 4. 13.h Furnish and install W 1 1 -1 EA 6 X $ 285.00 $ 1,710.00 4.13.i Furnish and install Wi 1-2 EA 2 X 414 CITY OF MIAMI BEACH ITB N0.02-09/1 0, Addendum No. 9 FOR CITY Of MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD BB, BAYSHORE: LOWER NORTH BAY ROAD 4.13.j Furnish and install W14-1 sign EA )( 4.13.k Furnish and install Wi67p sign EA 2 )( 4. 13.1 Furnish and install W16-9p sign EA 6 )( 4.i3.m Relocate sign EA 20 )( $ 250.00 4.14.a Sod -St. Augustine SF 58,500 )( $ 0.55 4.15.a Remove & re install existing traffic speed cushions EA 2 X 4J6.a Asphalt concrete, type S-1, 1-1/2" thick SY 19,573 X ~ 10.50 4.16.b Asphalt concrete, type S-!!1, 1" thick SY 22,000 X $ 7.00 4.16.c Temporary asphalt concrete, type S-Ill, 1" thick SY 4,832 X $ 7.00 4.16.d concrete, type Sl!i, course TN 130 X $ 130.00 4.17.a Aspralt variable up to 2" SY 2,427 X $ 1.70 4J8.a Strip and swale SF 58,500 X $ 0.40 4.19.a 4-Subtotal GRAND TOTAL BASE BID AMOUNT (1 + 2 + 3 + 4): Four Million Trree Hundred Fift;t: Thousand Four Hundred Seventy Eight Dollars and Ninety-six cents (written) 415 $ 285.00 $ 450.00 $ 5,000.00 $ 32,175.00 $ 1,100.00 $ 16,900.00 $ 4.125.90 $ 23.400.00 $ 3,200.00 $ 4,350,478.96 CITY OF MIAMI BEACH ITB N0.02·09/1 0, Addendum No. 9 FOR CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD 88, BAYSHORE: LOWER NORTH BAY ROAD Change Order #i SUMMARY i -General Conditions 3 -S!orrnwater 4 -Pavement and Streetscape GRAND TOTAL CHANGE ORDER #1 (1 + 3 + 4): Item No. Descrietion Unit Quantit~ Unit Price 1 -General Conditions 1.01.a Bonds and Insurance LS X $ 3,1 Hl.1 0 1.02.a Mobilization 1 Demobilization LS X i.03.a and As-builts LS X $ 3.457.00 1 04 a Maintenance of Traffic LS X 1.06.a Public Information I Liaison Services LS X $ 715.90 1.07.a Trench Safe!~ Act LS X $ 1,100.00 1 • Subtotal 3 • Stormwater 3 OLa C inlet w/slot and inlet flume EA X $ 2.420.81 C inlet EA 6 X 3.01.c gutter top EA -I X $ 2,494.36 3.01.f gutter top EA X $ 2,851.83 6' top EA 3 X 0 top EA X $ 4,100.00 I IIIIGL 0 Ola. COfi!IICl SlfUC!UfS wistorm manhole top EA X $ 4,900.00 exist gutter top EA X $ 1 250.00 3.0i.g NO DUMPING stencils EA X 3.02.a 18" dia. RCP LF 338 X $ 60.00 LF 494 X $ 88.00 '-'Ul 15< cormecl nuw orarnage srrucwre \0 pipe EA X $ 1,800.00 3.04.a Outfall manhole, 5' dia. w/tidellex valve EA -2 X $ 13.500.00 3.05.a Manatee grate. aluminum, for 24" outlet EA -2 X Manatee grate, aluminum, for 30" outlet EA X $ 750.00 Manatee grate. aluminum, for 18" outlet EA X $ 620.00 Manatee grate, aluminum, for 15" outlet EA X $ 600.00 Penetrate seawall with 30" LS X 416 $ 22,421.55 $ 97,757.63 $ 58.147.35 $ 178,326.52 Total $ 3,118.10 $ 7.795.25 $ 3.45TOO $ 6.236.20 $ 715.00 $ uoo.oo .55 $ 15.977.35 $ I i ,250 00 $ 4.100.00 $ 4.900.00 $ 43,472.00 $ 1,800.00 $ (27,000.00) $ (1 ,300.00) $ 750.00 $ 620.00 $ 7,500.00 CITY OF MIAMI BEACH ITB N0.02~09/10, Addendum No.9 FOR CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD SB, BAYSHORE: lOWER NORTH BAY ROAD Change Order #1 EA 2 X $ 2,000.00 $ 4,000.00 EA 2 X $ 3,000.00 exmung srorm aramage manhole or catch basin EA 5 X $ 250.00 Remove storm sewer pipe LF 496 X $ 2,480.00 3 ·Subtotal $ 97,757.63 4 • Pavement and Streetscape 4.02.a Encroachment removal-pa:m tree up to 10' EA 51 X $ 50.00 $ 2,550.00 4.02.b Encroachment removal -tree -i 1' to 20' EA 18 X 4.02.c Encroachment removal -tree-21' to 30' EA . i X Encroachment removal · trees less than 6" dia. EA 14 X $ 275.00 $ 3.850.00 4.03.a Encroachment removal -trees (non palm) 6" to 18" dia. EA -8 X 4.03.b Encroachment removal -trees (non greater than 18" up to 36" dia. EA -1 X $ (650.00\ 4.06.a 18" Concrete gutter LF ·11,000 X $ ( i i 0.440.00\ 24" Concrete gutter LF 13.112 X $ 146,198.80 4.06.b "F" concrete curb and gutter LF 50 $ 16.00 $ 800.00 4.07.a Stabilized 12" thick SY 72 X $ 1.90 $ 136.80 40ELa Limerock base course, 8" thick SY 72 X $ 9.25 $ 666.00 4.12.b 24" LF i3 X $ 3.75 $ 48.75 4.12.d LF 380 X $ uo "Sharrow" message thermoplastic EA 48 X $ 14,400.00 Furnish and install OM4~ 1 EA 3 X $ 175.00 $ 525.00 4.16.a Asphalt concrete, type S-1, H/2" thick SY 72 X $ 7.00 $ 504.00 4 ·Subtotal $ 58,147.35 GRAND TOTAL CHANGE ORDER #1 (1 + 3 + 4): $ 178,326.52 417 CITY OF MIAMI BEACH ITB N0.02-09/1 0, Addendum No. 9 FOR CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD 88, BAYSHOFIE: LOWER NORTH BAY ROAD Change Order #2 SUMMARY i -General Conditions 3 -Stormwater 4 -Deductive Alternate GRAND TOTAL CHANGE ORDER #2 (1 + 3 + 5): item No. Description 1 -General Conditions i.Oi.a Bonds and Insurance 3 • Stormwater 3.02.a 18" d12. RCP 3.02.b 24" dia. RCP pipe 3.02.b 24" dia A2000 PVC drainage 5 • DEDUCTIVE Alternate Bid Items 5.02.a Furnish a'ld install 18" HOPE in lieu of 18" RCP drainage pip 5.02.b Furnish and install 24" HOPE pipe in lieu of 24" RCP DEDUCTIVE Alternate Total: GRAND TOTAL CHANGE ORDER #2 (1 + 3 + 5): Unit Quantiti: Unit Price LS X 1 ·Subtotal LF -3.734 X LF 3.734 X $ 70.68 LF -222 X $ 69.09 LF 222 X $ 85.78 3 ·Subtotal LF ·3,734 X LF -222 X 418 $ 250.00 $ 56,018.52 $ (47,308.92) $ 8,959.60 Total $ 250J)0 $ (i 5,337.98) $ 19,043.16 $ 56,018.52 $ (44,695.96\ $ (47,308.92) $ 8,959.60 Exhibit D IBE H and Citywide Projects Committee FROM: Kathie Brooks, Manager 9, 2012 SUBJECT: Improvement Projects is to an overview Neighborhood Right- additional for hnrhn•"4 construction escalate the are manifesting on a more frequent basis which are a re- evaluation to the previously established scope and control programmed under each project Field conditions encountered during construction are revealing the actual state infrastructure. Unforeseen have developed franchise utility installations and street conduits. work generated to existing water lines was not programmed in the repairs to sewer pipes added asphalt milling and as placement of additional storm-water to address not contemplated in the original scope of work are also which are impacting the cost These unforeseen conditions more frequent, impacting underway, and must, be addressed in order for to continue without the incurrence of unforeseen and extension of construction timelines. In resident turnover and fresh visions from the are resulting in not in the Basis of Reports (BOOR), the most thorough and Department enforcement applied in a to The for all is tandem, all respective are being re-evaluated and .-w'"''""~"''" to the Capital Improvements Office to BOOR's for the and needs. In 419 ···················································································································································································· Letter to Commission July 9, 2012 Finance & Citywide Committee pages additional aforementioned the detailed information for each Fiscal Year 2012/2013 as a result of the 1. Neighborhood Central Bayshore -Bid Pack A Original Scope of work: The area includes 40th Flamingo Drive, the Sheridan Avenue Multi-Family Neighborhood, and the Central Bayshore Community. This project Includes a stormwater system with five (5) pump stations, (5) i ection wells, street sidewalk repair, swale/planting restoration, installation of curb and gutter, enhanced landscaping, upgrades, traffic calming, water main replacement, and improved on-street Current Status: Notice to Proceed was issued October 31, 2011. The project is in construction. Overall project is 30% complete and on schedule for completion by October, 2013. Additional Funding Requests $4,546,882 Additional water & sewer and above funding is requested for and resurfacing where it is warranted in lieu of the specified roadway asphalt overlay. Water & sewer funding in the amount of $346,807 is required the proportional ground and resurfacing associated to the restoration and finishing of the road following the installation water distribution systems in addition to above ground funding in the amount of $246,006 for the of milling and resurfacing needs. Stormwater in the amount of is being requested for: the installation of valley where needed; the relocation of a pump station and the installation of a new gravity well; Stormwater collection systems; and c) the installation of a new Stormwater collection the of the golf course and Meridian Ave as well as all proportional milling and resurfacing pertaining to roadway restoration and finishing following stormwater construction.. Included in all requests are hard costs, soft costs and CIP Fees. Above Ground Funding Request Cost Contingency Consulting/Engineering/Field Services CIP Fees Total Water & Sewer Funding Request Construction Cost Contingency CIP Fees (new scope and adjust to 6.5%} Total 420 $ 246,006 346,807 $ 296,037 $ 29,604 $ 346,807 Letter to Commission July 9, 2012 Finance & Citywide Committee Stormwater Funding Request Construction Cost C!P Fees Total $3,954,069 Original Scope of work: This includes the installation of valley gutters and a with two stormwater pump stations, injection street water main replacement and decorative asphalt crossings. Current Status: to Proceed 1 (NTP-1) was issued on August 2011. A Pre-Construction was held on December 5, 2011. CIP submitted for PWD review on December 2011 and comments from PWD on the construction set on 2, 2012. On April 16, 2 CIP received confirmation from CH2MHILL and PWD that tide flex valves will be installed at the outfalls and that other revisions could be made via the record without additional changes to be done to the 1 encroachment letters were sent out on 2012. The of Way permit was issued by PWD on 2012. The contractor submitted a revised and increased cost estimate for the project on May 30, 2012 which is under review by CIP. An approved construction schedule is Issuance of to Proceed 2 is pending approval of cost increases and project schedule. It should be noted that the contractor did not all the required submittals after NTP-1 was issued on August i 8, 2011. Additional Funding Requests $ 828,643 In addition to the aforementioned is also being to address a contractor's proposal for in materials resulting from Contractor claim of a delayed start of construction. evaluating and these SU(lOE!STEW increases and anticipates that these proposed figures wi!! be reduced . The Additional is as Above Ground Funding Request $ 140,144 Water & Sewer Funding Request $ 326,394 Construction Cost $ 304,223 CIP Fees $ 22,171 $ 326,394 Stormwater Funding Request $ 362,105 Construction Cost $ 294,651 421 Letter to Commission July 9, 2012 Finance & Citywide Committee ClP Fees Total scope and to 3. Bayshore Neighborhood Lake Pancoast -Bid Pack C Original Scope of work: The area includes Drive, Flamingo Place, West 24th Street to Pine Tree Drive, and Pancoast Drive. This project includes street asphalt overlay, sidewalk restoration, curb and gutter enhanced landscaping, enhanced street signage, streetlight upgrades, water main rehabilitation on Flamingo Drive, and improved on-street parking. Current Status: Notice to Proceed 2 was issued on October 31, 201 1. Construction mobilization commenced on March 2012 with projected twelve (1 month duration. This is being constructed in tandem with the '"""""'"onnrn A project Additional Funding Requests $ 389,725 Above ground in the amount of and water & sewer in the amount of $28,216 is being requested for additional and resurfacing required in lieu of the overlay and more appropriately allocating proper distribution of above ground between water, stormwater and above efforts. Stormwater funding in the amount of $347,509 is requested for the potentia! installation of additional reclamation and Included in all contingency, soft costs and CIP Fees. Above Ground Funding Request $ Water & Sewer Funding Request $ Construction Cost $ CIP Fees $ Total $ Stormwater Funding Request $ Construction Cost $ $ Consulting/Engineering/Field Services $ CJP Fees (new scope and adjust to Total swale are hard costs, 14,000 28,216 23,628 4 588 6 347,509 239,380 20,000 25,000 4. Bayshore Neighborhood Bid Pack E -Sunset Islands 1 & 2 Original Scope of work: This project includes roadway rnr•nncorn restoration, water line replacement and upgrade, stormwater upgrades and the replacement of the subaqueous water main crossing between Sunset Islands 2 & 3. Current Status: Notice to Proceed 2 was issued on December 12, 2011 with construction mobilization scheduled for January 11, 2012. The contractor mobilized on January 12, 2012. Overall is complete and on schedule for March, 2013. 422 Letter to Commission July 9, 2012 Finance & Citywide Committee 5. Additional Funding Requests $1,261,337 Above is in the amount of $98,781 for the replacement and relocation of shallow street circuits in conflict with on- construction. & Sewer in the amount of $876,656 is being requested for the installation of sub-aqueous water main of cost), and a water main replacement Included in all are hard costs, soft costs and CIP Fees. Above Ground Funding Request $ 98,781 Construction Cost $ 77 Contingency $ Consulting/Engineering/Field Services $ 7,730 CIP Fees Total $ 98,781 Water & Sewer Funding Request $ 876,656 Construction Cost $ 525,940 Contingency $ 70,000 Consulting/Engineering/Field Services $ CIP Fees (new scope and to 6.5%} s 230,716 Total $ 876,656 Stormwater Funding Request $ 285,900 Construction Cost $ 21 Consulting/Engineering/Field Services $ 50,000 CIP Fees Total Bayshore Sunset Islands 3 & 4 -Bid Pack D Original Scope of work: This project includes roadway strip restoration, water line and installation and stormwater upgrades and coordination with overhead lines. The of two sections rnounted on the Sunset Islands 3 & 4 share of the cost to replace the sub-aqueous water Sunset Island 2 and 3. Current Status: The scheduled for completion this firm to complete. Criteria is being prepared. It is at which time it will be advertised for a 423 Letter to Commission July 9, 2012 Finance & Citywide Committee 6. 7. Additional Funding Requests '171,500 Above ground in the amount of $745,500 is the relocation of shallow street circuits in with future construction in the amount of 9,500. In addition, the Sunset 3&4 HOA has also the construction of a traffic circle and sidewalks on Sunset Drive, to be in the amount of Should choose to incorporate these requests the BOOR would need to be amended. Water & Sewer in the amount of is also being requested for water mains and appurtenances, as we I! as fire in all are costs, and CIP Fees. Above Ground Funding Request $ 745,500 Construction Cost $ 300,000 $ 400,000 CIP Fees $ 45,500 Total $ 745,500 Water & Sewer Funding Request $ 426,000 Construction Cost $ 400,000 CIP Fees $ 26,000 Total $ 426,000 Palm & Islands Enhancements Original Scope of work: The Palm and Hibiscus Neighborhood project includes landscaping I irrigation, street lighting, replacement of water main improved storm water collection and infrastructure including swale restoration, curb and other facilities, street resurfacing/pavement sewer and repair. and/or extension of sidewalks to with ADA requirements. of traffic and the coordination of the ABB and AT&T. Additional Funding Requests $ 449,272 Stormwater funding in the amount of is being requested to instaH additional catch and outfalis in order to with the new Stormwater Master Plan requirements related to changes in tail water criteria elevations. Included in ali are hard soft costs and CIP Stormwater Funding Request $ 449,272 Construction Cost CIP Fees scope and to Total Venetian -Venetian Islands 424 Letter to Commission July 9, 2012 Finance & Citywide Committee 8. Original Scope of work: This includes landscaping, above improvements and water line replacements in the Islands: San DiLido and Rlvo Alto Current Status: On 13, 2012, PWD Engineering Division completed the review of 100% submittal for Venetian Islands Neighborhood Improvement project On 21, 2012, the Parks and Recreation Department approved the 100% package. On June 8, 2012, the Procurement Division issued an Invitation to Bid. Anticipated receipt of is 13, 2012. Additional Funding Requests $2,128,424 Additional by not included in the amount of Included in all is being requested for increased construction costs as estimate from Consultant's of Probable Cost (Items The is for water & sewer in 5 and for stormwater in the amount of ,709. requests are hard costs, soft costs and C!P Fees. Water & Sewer Funding Request $ 526,715 $ 450,275 ~ 76,440 $ 526.715 Construction Cost C!P Fees (new scope and adjust to Total Stormwater Funding Request $1,601,709 La Construction Cost Services scope and adjust to 6.5%) Scope of work: including street street lighting The scope consists of area-wide street swale restoration, of ""1"'"''"' the street improvements. to correct deficiencies, enhanced water main replacement, and Current Status: PWD is completing the La Gorce Design Criteria Pacf<ageand will transfer the Administration of the construction to the CIP who to request Commission to advertise a build firm at the September 1 2 meeting. Additional Funding Requests $4,579,500 Above ground funding in the amount of 9,500 is being requested for additional street mit!ing and resurfacing needs. Stormwater funding in the amount of $4,260,000 is for infrastructure to comply with the new Stormwater Master Plan requirements. Included in all 425 Letter to Commh;sion July9, 2012 Finance & Cilywide Committee 9. are hard costs and Above Ground Funding Request CIP Fees Total Cost Stormwater Funding Request Construction Cost C!P Fees Total hr.rhn.-,ri -Bid Pack i OA $ 319,500 $ $ $ $4,260,000 $4,000,000 $ 260,000 $4,260,000 Scope of work: project includes include water, storm water drainage lighting, landscaping, and resurfacing the Current Status: Staff will Criteria Package for Bid Pack 1 OA including The remainder of FOOT Alton Road Additional Funding Requests Commission approval to advertise a next of the Flamingo the September 121h, 20i2Commission Bid Pack 1 OA will be coordinated with $4,600,800 Above ground funding in the amount of $i is being requested for the replacement and relocation of shat!ow street circuits in conflict with future construction. Water & Sewer in the amount of $2,683,800 is being requested for total replacement of all 6" cast iron pipe and galvanized services. Included in all funding requests are hard costs, and C!P Fees. Above Ground Funding Request Construction Cost CIP Fees Total Water & Sewer Funding Request Construction Cost CIP Total $2,683,800 $2,683,800 10. Flamingo Neighborhood -Bid Pack 1 OC Scope of work; This includes including 426 Letter to Commission Juiy9, 2012 Finance & Citywide Committee we!!s, lighting, Current Status: is c:~r•n:::mr)n to discuss 1 will undertake the Additional Funding Requests funding in the amount of r<:>ll'>i"">T'"·" of shallow street Water & Sewer Above Ground Funding Request Construction Cost C!P Fees Tota! Water & Sewer Funding Request Cost Total 11, West Avenue/ Bay Road Scope of work: This within the $4,899,852 is being for the future construction, is being requested for the services. Included in all $2,041,605 $ 1,91 $ 124,605 $ 2,041 $2,858,247 $2,683,800 lli 174,447 $2,858,247 repair of sidewalks, street to correct and provide pedestrian lighting, enhanced landscaping within the street ROW, and entryway features. Current Status: West Avenue will be the detour route while Alton Road. The FOOT work is scheduled for F'r"""''"''""''"n 2015. At that the intends to begin the West Avenue Additional Funding Requests $3,688,500 Above in the amount of ,919, 109 is being replacement and relocation of shallow street lights circuits future Water & Sewer funding in the amount of $1 being requested for the of all 6" inch cast iron and services. Included in all are Fees. Above Ground Funding Request Construction Cost CIP Fees Total 427 $1,919,109 ,801,980 $ 117,129 $1,919,109 Letter to Commission July9, 2012 Finance & Citywide Committee 12. Water & Sewer Funding Request Construction Cost C!P Fees Total Sunset Harbor Neighborhood Pump $1,769,391 ,661,400 $ 107,991 $1,769,391 Upgrades Scope of work: This project includes construction of four wells, rehabilitation of two pump stations, and the of a third pump station. Current Status: The Notice To Proceed for the first construction phase has been issued. The NTP tor the second phase will be issued receipt of funding. Additional Funding Requests $1,917,000 Stormwater Funding in the amount of ,917,000 is requested to Sunset Harbor No.3, which is scheduled for rehabilitation. nrrl\flr1•Q a 5 yr level of service under the new storm criteria are hard costs, and CIP Fees. Stormwater Funding Request Construction Cost CIP Fees Total $1,917,000 FISCAL YEAR 2012/2013 CAPITAL IMPROVEMENTS FUNDING REQUESTS Additional Above Ground Funding Request Additional Water & Sewer funding Request Additional Stormwater funding Request $ 7,441,645 $ 9,842,226 $13,177,564 In addition La Gorce Island has above ground and and stormwater improvements in the amount of $3,594,375 with 1 roadway work, 75,375 for stormwater work $2,340,700 for water work respectively. Improvements for this are programmed (but not appropriated) in the adopted in the Capital Improvement Plan under "Future Years" in the amount of $350,000 for milling and The potential for utilizing 428 Letter to Commission July 9, 2012 Finance & Citywide Commltiee future PTP to offset the to the discussed during the Finance and Citywide Projects as part of the discussion. FUNDING can be of above needs for all projects discussed in memorandum wH! be part of the capital discussion at the 9, 2012 Water and sewer funding needs as we!! as stormwater funding needs will also be presented to the FCWCP later this summer in concert with discussions on requirements and rate impacts. KGBIJGGaHB F:\WORK\$ALL\(i) EMPLOYEE FOLDERS\FIORELLA SARMIENTO\Overview of Right of Way Projects-FCWPC-July 20·12 fav fhb.docx 429 RESOLUTION NO. 2012~ __ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND TRANS FlORIDA DEVELOPMENT CORPORATION, FOR THE CONSTRUCTION OF THE CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, BAYSHORE NEIGHBORHOOD NO. 8B, LOWER NORTH BAY ROAD; DATED JUNE 28, 2011 (THE CONTRACT), IN THE NOT* TO-EXCEED AMOUNT OF $798,424 PLUS AN OWNER'S CONTINGENCY OF $79,842 FOR A TOTAL OF $878,266, FOR ADDITIONAl STORM WATER & HARDSCAPE COMPONENTS THROUGHOUT THE PROJECT LIMITS AND APPROVAL OF AN INCREASED MATERIALS COST; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $337,721 FROM GULF BREEZE 2006 FUND 423, $274,351 FROM STORMWATER BONDS 2011 SERIES FUND 431, $158,512 FROM STORMWATER ENTERPRISE FUND 427, $67,893 FROM CAPITAL RESERVE FUND 304, $30,000 FROM 2003 GO BONDS NEIGHBORHOOD IMPROVEMENT FUND 384, AND $9,789 FROM PAY AS YOU GO FUND 302. WHEREAS, on December 8, 2010, the City Commission pursuant to Invitation to Bid (ITB) 2-09/10, approved the award of a construction contract to Trans Florida Development Corporation (Trans Florida) for construction of City of Miami Beach Right of Way Infrastructure Improvement Program, Bayshore Neighborhood No. 8B, lower North Bay Road in the amount of $4,460,745.21 (the Agreement and the Project, respectively); and WHEREAS, the Project limits are North Bay Road, between Sunset Drive and Alton Road; North Michigan Avenue between North Bay Road and Dade Boulevard; 21st Street between North Bay Road and Alton Road 23rd Street between Sunset lake and Alton Road; 2rth Street between North Bay Road and Alton Road; 29111 Street, between the Sunset lake Bridge and Alton Road; and WHEREAS, the Project scope of work includes improvements to the stormwater system; water distribution system upgrades; roadway reconstruction; traffic calming installations; signage and pavement markings; and WHEREAS, on September 28, 2012, Trans Florida was issued the second Notice to Proceed (NTP 2) to mobilize and commence construction activities; and WHEREAS, following the initial design, changes had to be made to the design documents to add additional relief from potential flooding conditions which in turn resulted in additional scope to Trans Florida; and WHEREAS, Trans Florida submitted a cost proposal for this additional cost increase totaling $566,939.49; and 430 WHEREAS, in order to implement the above stated additional scope of work, it will be necessary to approve Amendment Number 1 to the Agreement, in the not to exceed amount of $878,266, including contingency; and WHEREAS, on July 9, 2012, the Administration presented the cost increase for the material cost escalation and additional scope to the Finance and Citywide Projects Committee; and WHEREAS, on September 27, 2012, the City Commission approved the additional funding to the 2013 Capital Budget for the increases: and WHEREAS, the Amendment No 1, to the Contract with Trans Florida Development Corporation will result in a revised contract amount of $4,853,646.92. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the construction contract, dated June 28, 2011, between the City and Trans Florida Development Corporation, for the construction of the City of Miami Beach Right of Way Infrastructure Improvement Program, Neighborhood No. 8B, Bayshore, Lower North Bay Road, And; said amendment, in an amount not-to-exceed $798,424 plus and Owner's Contingency of $79,842, for additional Storm Water & Hardscape components throughout the project limits and approval of an increased materials cost; with previously appropriated funding available from 2006 Gulf Breeze Fund 423 for $337,721, 2011 Storm Water Bonds Series Fund 431 for $274,351, Storm Water Enterprise Fund 427 for $158,512, Capital Reserve Fund 304 for $67,893, Pay As You Go Fund 302 for $9,789, and the 2003 G.O. Bonds Neighborhood Improvement Fund 384 for $30,000.00, for a grand total of $878,266. PASSED AND ADOPTED this __ day of ____ , 2012. ATTEST: RAFAEl E. GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR T\AGENDA\2012\10-24-12\Bayshore 8 ·Lower North Bay Road\Lower North Bay Road ·TRANS FLORIDA CONTRACT AMENDMENT RESO i, 1 .docx 431 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Construction Contract Between The Of Miami Beach, Florida, And David Mancini & Sons, Inc., For The Construction of The City Of Miami Beach Right Of Way Infrastructure Improvement Project, Bayshore Neighborhood No. BE, Sunset islands I & II Project, Dated July 13, 2011 (The Contract), In The Amount Of $386,465 Plus An Owner's Contingency Of $38,646, For A Grand Total Of $425,111, For The Construction Of A Temporary And Permanent Street Lighting System As a Result of an Unforeseen Condition For The Sunset Island 1 & 2 Project Limits With Previously Appropriated Funding In The Amount From Fund 304-Capital Reserve, $28,2'15 From Fund 423-Gulfbreez:e 2006 Water & Sewer Bonds, $99,320 From Fund 424-Water & Sewer Bonds 2000 Series, And From Fund 431 -Storm Water Bonds 2011. ey indicated that over Issue: I Shall the City Commission adopt the Resolution? On July 13, 2011, the City Commission pursuant to invitation to Bid (!TB) 27-10/11 approved the award of a construction Contract to David Mancini & Sons, Inc. for the construction of the City of Miami Beach Right-of-Way Infrastructure improvement Program Neighborhood No. 8E Bayshore, Sunset Islands I & !I project in the amount of $5,611,04 i, plus an Owner's Contingency in the amount of $561,104. On December 12, 2011, David Mancini & Sons, Inc. was issued the second Notice to Proceed {NTP 2) to mobilize and commence construction activities. The is anticipated to be substantially completed during April 2013. The Administration has determined that scope of work is warranted due to unforeseen utility conflicts discovered during the construction phase, The added scope consist of: 1. Installation of a Temporary & Permanent Street lighting System consisting of a wired network connecting the power source to the existing light poles (approximately 59 light fixtures). This wire will be held up by 2 inch galvanized pipes to a height of 18 feet in the longitudinal direction and 18-20 feet when r-rA'"<::ir•n the roadway, A PVC conduit will also be secured to the existing light poles to protect the wires coming down to the pole base ports. The system will be removed by DMSI upon completion of the permanent system. 2. Removal and replacement of all direct buried street lighting cable connections from existing service point to each street light pole within the limits of construction. Furnish and install new 2 inch PVC conduit directly behind the new valley gutter, .. Ali work will with the Florida Building Code and City of Miami Beach Public Works Department Codes and Standards. On July 9, 2012, the Administration presented this cost estimate to the Finance & Citywide Projects Committee. On September 27, 2012 the City Commission approved the additional funding to the 2013 Capital Budget in the amount of $828,645 for the additional scope. The Administration requests approval of Amendment No. i to the Construction Contract, between the City of Miami Beach, Florida, and David Mancini & Sons, Inc., for the construction of the City of Miami Beach Right of Way Infrastructure Improvement Project Neighborhood No. BE Bayshore, Sunset Islands I & II dated July 13, 2011, (the Contract in the amount of $386,465 !us an owner' · $38, tal of $425 111. Amount $77,292 $7,729 $28,215 432 Account 304-2665-069357 304-2665-000356 423-2665-069357 424-2665-069357 431-2665-069357 AGENDA ITEM! --"-"---=-- DATE ___..~~......:......:::: H TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: October 24, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND DAVID MANCINI & SONS, INC., FOR THE CONSTRUCTION OF THE CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, BAYSHORE NEIGHBORHOOD NO. 8E, SUNSET ISLANDS I & II PROJECT, DATED JULY 13, 2011 (THE CONTRACT), IN THE AMOUNT OF $386,465 PLUS AN OWNER'S CONTINGENCY OF $38,646, FOR A GRAND TOTAL OF $425,111, FOR THE CONSTRUCTION OF A TEMPORARY AND PERMANENT STREET LIGHTING SYSTEM AS A RESULT OF AN UNFORSEEN CONDITION FOR THE SUNSET ISLAND 1 & 2 PROJECT LIMITS WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT $85,021 FROM FUND 304 ~ CAPITAL RESERVE, $28,215 FROM FUND 423 ~ GULFBREEZE 2006 WATER & SEWER BONDS, $99,320 FROM FUND 424 ~ WATER & SEWER BONDS 2000 SERIES, AND $212,555 FROM FUND 431 ~ STORM WATER BONDS 2011. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure value and the timely delivery of a quality capital project. FUNDING Funding in the amount of $386,465 plus an Owner's Contingency of $38,646, for a grand total of $425,111 has been previously appropriated in the Capital Budget with Funding as follows: $ 85,021 $ 28,215 $ 99,320 $212,555 $425,111 ANALYSIS Fund 304 -Capital Reserve Fund 423-Gulf Breeze 2006 Water & Sewer Bonds Fund 424-Water & Sewer Bonds 2000 Series Fund 431 -Storm Water Bonds 2011 On July 13, 2011, the City Commission pursuant to Invitation to Bid (ITB) 27-10/11, approved the award of a construction Contract to David Mancini & Sons, Inc. (DMSI) for the construction of the City of Miami Beach Right-of-Way Infrastructure Improvement Program Neighborhood No. 8E Bayshore, Sunset Islands I & II project in the amount of $5,611,041. On December 12, 2011, OMS I was issued the second Notice to Proceed (NTP 2) to mobilize and commence construction activities. The Administration has determined that additional scope of work is warranted due to unforeseen utility conflicts discovered during the construction phase. The following new scope of work 433 Commission Memorandum -David Mancini & Sons, Inc. Contract Amendment for Sunset Islands 1 & 2 October 24, 2012 Page 2 of 2 (Exhibit A) to be added to the DMSI construction contract was requested by the City and includes the following: 1. Installation a Temporary and Permanent Street Lighting System consisting of a wired network connecting the power source to the existing light poles (approximately 59 light fixtures). This wire will be held up by 2 inch rigid galvanized pipes to a height of 18 feet in the longitudinal direction and 18-20 feet when crossing the roadway. A PVC conduit also be secured to the existing light poles to protect the wires coming down to the pole base ports. The system will be removed by DMSI upon completion of the permanent system. 2. Removal and replacement of all direct buried street lighting cable connections from existing service to each street light pole within the limits of construction. Furnish and install new 2 inch PVC conduit directly behind the new valley gutter, with i 2 inch cover. work will comply with the Building Code and City of Miami Beach Public Works Department Codes and Standards. On July 9, 2012, the Administration presented this cost increase to the Finance & Citywide Projects Committee. On September 27, 2012 City Commission approved additional funding to the 2013 Capital Budget for the replacement and relocation of shallow street light circuits in conflict with on-going construction. The negotiated price submitted by DMSI for the above scope has been reviewed by the Project Engineer of Record (EOR) Chen Moore & Associates, Inc., Resident Project Representative (RPR) Schwebke-Shiskin & Associates, and City staff and found to fair and reasonable. Project Schedule The additional Scope of Work will add thirty (30) calendar days to the overall project. The contractor's original request for an additional sixty (60) calendar days was negotiated down to thirty (30) calendar days by the RPR and City staff. CONCLUSION: The Administration recommends that a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, be authorized by the Mayor and City Clerk to execute Amendment No. 1 to the Construction Contract, between the City of Miami Beach, Florida, and David Mancini & Sons, Inc., for the construction of the City of Miami Beach Right of Way Infrastructure Improvement Program, Bayshore Neighborhood No. 8E, Sunset Islands I & II Project, dated July 13, 2011, (the Contract) in the amount of $386,465 plus an owner's contingency of $38,646, for a grand total of $425,111, for the construction of a Temporary and Permanent Street Lighting System as a result of an unforeseen condition for the Sunset Island I & II project with previously appropriated funding in the amount $85,021 from Fund 304 ~ Capital Reserve, $28,215 from Fund 423-Gulfbreeze 2006 Water & Sewer Bonds, $99,320 from Fund 424 ~Water & Sewer Bonds 2000 Series, and $212,555 from 431 -Storm Water Bonds 2011. ATTACHMENTS: Exhibit A-OMS! proposal dated June i 2, 2012 434 Exhibit A ) \\ "'' !'\.\ GENERAL CONTRACTOR 1 '2+7 At to@ fh,::d, ,\1iami fL $1 s ::!9 I'll (JOS) $JJ-SSQ7 (J<lfi.) 5.32-8835 2012 Office 1700 Convention Center Drive Miami H 33139 Re: Proposal for Temporary and Permanent Str~Qt Lighting Mrs, a~•d•, rL ;50#4 FAlC (9M) 944-~0+0 In order to facilitate construction, minimize cost and minimize loss of street to DMSl to A for this street Permanent for both Islands #1 & #2. The total amount is $386,464.50 and will 60 calendar days be Time to this work is summarized island as follows. Sunset Sunset v'l/e can to alleviate some of the immediate Please advise if additional is Juan P.E. David Mancini & Inc. 435 RESOLUTION NO. 2012~ __ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT, DATED JULY 13, 2011, BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND DAVID MANCINI & SONS, INC., FOR THE CONSTRUCTION OF THE CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, BAYSHORE NEIGHBORHOOD NO. 8E, SUNSET ISLANDS I & II PROJECT (THE CONTRACT); IN THE AMOUNT OF $386,465 PLUS AN OWNER'S CONTINGENCY OF $38,646, FOR A GRAND TOTAl OF $425,111, FOR THE CONSTRUCTION OF A TEMPORARY AND PERMANENT STREET liGHTING SYSTEM AS A RESUlT OF AN UNFORSEEN CONDITION FOR THE SUNSET ISLAND 1 & 2 PROJECT liMITS; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT $85,021 FROM FUND 304 *CAPITAl RESERVE, $28,215 FROM FUND 423 ~ GULFBREEZE 2006 WATER & SEWER BONOS, $99,320 FROM FUND 424 *WATER & SEWER BONDS 2000 SERIES, AND $212,555 FROM FUND 431 ~ STORM WATER BONOS 2011. WHEREAS, On July 13, 2011, the City Commission, pursuant to Invitation to Bid (ITB} No. 0/11, approved the award of a construction contract to David Mancini & Sons, Inc. for the construction of the City of Miami Beach Right~of-Way Infrastructure Improvement Program Neighborhood No. 8E Bayshore, Sunset Islands I & II Project, in the amount $5,611,041 (the Agreement and the Project respectively); and WHEREAS, on December 12, 2011, David Mancini & Sons, Inc. was issued the second Notice to Proceed (NTP 2) to mobilize and commence construction activities; and WHEREAS, the Project is anticipated to be substantially completed during April 2013;and WHEREAS, during the construction of the Project, the Administration determined that additional scope of work was warranted; and WHEREAS, the additional scope of work consists of installation of a temporary and permanent lighting system consisting of a wired network connecting the power source to the existing light poles (approximately 59 light fixtures); and. WHEREAS, David Mancini & Sons, Inc. submitted a cost proposal for the work, in the amount of $386,465, including a request for a sixty (60) calendar day contract time extension for the work which City staff negotiated down to thirty (30) calendar days; and WHEREAS, in order to implement the above stated additional scope of work, it will be necessary approve Amendment No. 1 to the Agreement, in the not to exceed amount of $386,465; and 436 WHEREAS, on July 9, 201 the Administration presented this cost increase to the Finance & citywide Projects Committee; and WHEREAS, on September 21, 2012 the City Commission approved additional funding to the 2013 Capital Budget for the replacement and relocation of the additional scope of work; and WHEREAS, the Amendment No. 1, to the Contract with David Mancini & Sons, Inc. will result in a revised contract amount of $5,997,506. NOW, THEREFORE, BE IT RESOlVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FlORIDA that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the construction contract, dated July 13, 2011, between the City of Miami Beach, Florida, and David Mancini & Sons, Inc., for the construction of the City of Miami Beach Right of Way Infrastructure Improvement Program, Bayshore Neighborhood No. 8E, Sunset Islands I & II Project (the Contract); in the amount of $386,465, plus an Owner's Contingency of $38,646, for a grand total of $425,111, for the construction of a Temporary and Permanent Street Lighting System as a result of an unforeseen condition for the Sunset Island I & !I Project limits; with previously appropriated funding in the amount $85,021 from Fund 304-Capital Reserve, $28,215 from Fund 423 -Gulfbreeze 2006 Water & Sewer Bonds, $99,320 from Fund 424 - Water & Sewer Bonds 2000 Series, and $212,555 from Fund 431 -Storm Water Bonds 2011. PASSED AND ADOPTED this __ day of ____ , 2012. ATTEST: RAFAEl E. GRANADO, CITY ClERK MATTI HERRERA BOWER, MAYOR 437 OFFICE OF THE CITY ATIORNEY JOSE CITY ATIORNEY TO: MAYOR MA TTl HERRERA BOWER, MEMBERS OF THE CITY COMMISSION KATHIE BROOKS, INTERIM MANAGER FROM: JOSE SMIT CITY ATT DATE: SUBJECT: RESOLUTION ADOPTING ADMINISTRATIVE RULES FOR CHAPTER 70, ARTICLE II, DIVISION II, OF THE MIAMI BEACH CITY CODE ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN~LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION AS PROVIDED FOR IN SECTION 70~69 AND 70~70 OF THE CITY CODE. The attached Resolution sets forth Administrative Rules that address electric personal assistive mobl!lty devices. Administrative Rules are provided for in Sections 70-69 and 70-70 of the City Code, which sections were amended pursuant an Ordinance passed and adopted at the October 24, 2012 City Commission meeting. The attached Resolution is submitted for consideration by the Mayor and City Commission as a companion agenda item to the Ordinance amending Chapter 70 of the City Code. The Administrative Rules provide regulations, in addition to those set forth in the City Code, for the safe operation of electric personal assistive mobility devices within the City and set forth various responsibilities for a) persons and business entities providing rentals, leases, and/or tours of electric personal assistlve mobility devices and b) operators of electric personal assistive mobility devices. F:\A TTO\TURN\COMMMEMO\Segway.doc 438 Agenda ltem _ _;_R.,___ __ Date }O~Jl!~ l L RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING ADMINISTRATIVE RULES FOR CHAPTER 70, ENTITLED "MISCELLANEOUS OFFENSES", ARTICLE II, ENTITLED "PUBLIC PLACES," DIVISION II, ENTITLED "BICYCLING, SKATEBOARDING, ROllER SKATING, INmLINE SKATING, AND MOTORIZED MEANS TRANSPORTATION," OF THE MIAMI BEACH CITY CODE, AS PROVIDED FOR IN SECTIONS 70~69 AND 70~70 OF THE CITY CODE. WHEREAS, on October 24, 2, the Mayor and the City Commission of Miami Beach adopted Ordinance No. 2012~ amending II of the City Code regarding the regulation of bicycling, skate boarding, roller skating, and motorized means of transportation, and among other things, the establishment of Administrative Rules regarding a) the responsibilities of persons and entities providing rentals leases and/or tours electric personal mobility devices and the responsibilities of persons operating electric personal mobility devices; and WHEREAS, the following Administrative Rules, as provided in Sections 70-69 70-70 of the City Code, regulations for the use and operation of personal mobility devices and are established in the interest of safety within of Miami Beach: L Responsibilities of Persons and Business Entities Providing Rentals, Leases, and/or Tours of Electric Personal Assistive Mobilit)C Devices: The required pursuant to Section 70-7(b) City Code shall be obtained an insurance company that is Best rated of B+ VI, or and shall include medical payment coverage no less than $25,000 for injured b) The name and telephone numbers of the person or business entity that rents/leases and/or provides tours for electric personal assistive mobility devices, as as a device ID number, shall be affixed on the personal assistive device lettering and numbers at 4" in height c) Prior to renting or leasing an electric personal assistive mobility device, user device must be trained as to the safe operation the device, d) Accidents regarding electric personal assistive mobility Miami Beach Police Department as soon as practicable. The City Code and these Administrative Rules shall be posted in a conspicuous place of any business entity renting/leasing and/or providing tours electric personal assistive mobility devices. f) Electric assistive personal mobility devices shall leased, rented, or used for tours after sunset or before sunrise or during inclement weather. 439 Electric personal assistive mobility devices shall not be put into service for use by the when it is suspected that device is unsafe. h) Electric personal mobility devices shall not be leased or rented to a person who is believed to be incompetent to operate the device or who might be indifferent to the safety of others. i) Electric personal assistive mobility devices shall not be rented or leased to, or used for tours by, any person under the age of 16 or under 100 pounds in weight. I L Responsibilities of Operators of Electric Personal Assistive Mobility Devices If an operator has an accident with a pedestrian or other person, electric assistlve mobility device operator shall fully identify himself/herself to the victim and identify the person or business that leased or rented the device, provide the device ID number, and the name of the pedestrian or other person to Beach Police Department b) Operators of personal assistive mobility devices not operate the device in a reckless manner, nor shall the operator obstruct or endanger pedestrian or vehicular c) Electric personal assistive mobility devices shall not be operated after sunset or before sunrise. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that foregoing Administrative Rules regarding the rental, lease, tours and operations of personal mobility devices are hereby approved and adopted. PASSED AND ADOPTED this _day of October, 2012. ATTEST: City Clerk Matti Herrera Bower Mayor F:\ATIO\TURN\RESOS\Segway Administration Rules 2012.docx 440 APPROVED FORM& &FOR THIS PAGE INTENTIONALLY LEFT BLANK 441 COMMISSION ITEM SUMMARY Condensed Title: A resolution revising the "special events requirements and guidelines," by amending the following sections entitled "application procedure," "weddings and ceremonies," "product promotion/temporary sampling", "minimum requirements," "internal review procedure," "external review procedure," "vehicle access policy," "booking policy," "concession agreements," "use of public property," "enforcement and penalties;" and further amendin · fee schedule, and hereb · · Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, nearly six out of ten residents (57%) rated management of special events as excellent or good, yet this figure is down from 70% in 2009. Residents of South Beach/Bella Isle and Mid Beach were more critical of management of spedal events. Six in ten business owners (59%) gave the City high marks for management of events that attract large numbers of people, this figure was down considerably from 2009 (74%). South Beach business owners were most ·al events as 48° Cit fai s. The Administration has been drafting amendments to the Special Event Guidelines and Ordinance since late 2010. The Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. The NCAC met on February 3, 201 1, and recommended additional changes to both the Ordinance and guidelines. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities such as New York, Chicago and Los Angeles, and drafted additional amendments to both the Ordinance and guidelines, These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after being vetted at a public meeting. The proposed amendments were subsequently presented to the Community on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. The Ordinance was approved on first reading on April 11, 2012. The subject was then referred to the Neighborhood and Community Affairs Committee at the May 9, 2012 City Commission meeting. This NCAC met on July 30, 2012 NCAC and recommended in favor of the proposed amendments. Subsequently, at their October 15, 2012 meeting. the NCAC also considered a policy amendment regarding the established Administrative Policy whereby the Administration determine no new special event applications would be considered during the month of March. This Administrative Policy was established because March is the City's busiest month in terms of resource allocation. However, some successful events held on private property the past several years are outgrowing the capacity of the property and are asking the City to consider allowing them to expand onto public property or run the risk of losing these events and the revenue generated by them to areas outside of Miami Beach. The NCAC discussed the subject and recommended additional criteria be considered when reviewing such requests. That criterion is included in the draft amendments. The recommended amendments to the Guidelines include: creating additional permit types in order to streamline the process for small, less impactful, events; increasing to the security deposit requirements for larger events; updating the list of Major Event Periods; creating a process that allows an applicant to challenge dates already being held by another applicant; creating of an Art Basel Zone; and clarifying the consecutive day clause. The proposed amendments to the Special Events Guidelines are being presented as a companion item in conjunction with the second · · · ~~~d~in~a~n~ce~a~m~e~n~d~m~e~n~t.---------------------------------------------------d The Neighborhoods and Community Affairs Committee reviewed the amendments to the Special Event Ordinance and Guidelines on February 3, 201 1, June 3, 2011, Janua 30, 2012, Ma 9, 20'1 2 and most recentl on October 1 ~_912~·:...__ _________________ ___) Financial Information: Source of Funds: Account Approved Financial Impact Summary: N/A Department Director MIBE AGENDA ITEM_:............. __ _ DATE.......:.~~~::.. 442 IBE City of Miami hac:h, 1700 Convention Center Drive, Miami Beech, Florida 33139, COMMISSION MEMORANDUM TO: Honorable Mayor Matti H. Bower and Members of the City Commission FROM: DATE: October 24, 2012 SUBJECT: A RESOlUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, REVISING THE "SPECIAl EVENTS REQUIREMENTS AND GUIDEliNES," BY AMENDING THE FOllOWING SECTIONS: "APPliCATION PROCEDURE," "WEDDINGS AND CEREMONIES," "PRODUCT PROMOTION/TEMPORARY SAMPliNG", "MINIMUM REQUIREMENTS," "INTERNAl REVIEW PROCEDURE," "EXTERNAl REVIEW PROCEDURE," "VEHIClE ACCESS POliCY," "BOOKING POliCY," "CONCESSION AGREEMENTS," "USE OF PUBliC PROPERTY," "ENFORCEMENT AND PENAl TIES;" AND FURTHER AMENDING THE SPECIAl EVENT FEE SCHEDUlE, AND HEREBY PERMITTING AND RESTRICTING FURTHER USES ON PUBliC PROPERTY. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOMES SUPPORTED Increase community ratings of cultural activities. BACKGROUND The City of Miami Beach has become the location of choice for a number of activities and special events in South Florida. The Tourism and Cultural Development (TCD) Department coordinates the permitting of special events, including review by the appropriate neighborhood association, in an effort to complement the ambience and aesthetics of the area in which the events are presented. TCD supports events on public property and other properties where the proposed event requires a Special Event Permit, and is responsible for assisting producers with special events guidelines and permit requirements and the issuance of Special Events Permits. In addition, TCD staff serves as liaison between local and regional associations and agencies in addressing the delivery of city services, and assists neighborhood associations with maintenance of events criteria. A City of Miami Beach Permit is required for special events, which is defined as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review. Applications are processed on a "first come, first serve" basis unless otherwise provided for under the booking policy. Applicants must provide 60 days notice for public use and 30 days notice for private use. The special event process is a review and approval process in which all aspects of an event are coordinated through internal, neighborhood and permitting reviews. In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special event in the City of Miami Beach. The Special Events Requirements and Guidelines ("Special Event Guidelines") were designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring minimal disruption to the impacted, surrounding environment In 1995, via Resolution No. 95-21684, several revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of issues associated with the production of special events. In 1998, via Resolution No. 98-23003, the guidelines were amended to incorporate direction received from neighborhood associations, property owners and citizen groups. Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 were 443 Pege 2of5 October 24, 2012 City Commission Meeting Special Events Guidelines Amendment adopted by the City Commission, which codified the Special Event permit process and adopted separate guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami Beach. In July 2005, additional amendments were made to the City Code and to the Special Events Guidelines relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood review and fines associated with the special event permit In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant to direction from the Finance and Citywide Projects Committee. In addition to generating additional revenue for the City, a permit process for promotional hand-to-hand giveaways, which were unregulated by the City and took place regularly throughout the City without a permit, was created. These giveaways range from food (e.g. yogurt, protein bars, chips, etc.), to drinks (e.g. sodas, energy drinks, etc.), to products (e.g. sunscreen, chapstick, t-shirts, CD's, etc.). The Amendment to the Special Event Requirements and Guidelines was approved on September 17,2008 by the City Commission and became effective October 1, 2008. The Administration has been drafting amendments to the Special Event Ordinance and Guidelines since late 2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities, such as New York, Chicago and Los Angeles, and drafted additional amendments. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after it is vetted at a public meeting. The Administration subsequently presented the proposed amendments to the Community during the monthly Special Event Community Review Meetings held on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. Ail comments have been incorporated into the proposed amendments. The Ordinance was approved on first reading on April 11, 2012. The subject was then referred to the Neighborhood and Community Affairs Committee at the May 9, 2012 City Commission meeting. This NCAC met on July 30, 2012 NCAC and recommended in favor of the proposed amendments. Subsequently, at their October 15, 2012 meeting, the NCAC also considered an policy amendment regarding the established Administrative Policy whereby the Administration determine no new special event applications would be considered during the month of March. This Administrative Policy was established because March is the City's busiest month in terms of resource allocation due to it coinciding with college and high school spring break and existing events Winter Music Conference (and with it, the related Ultra Music Festival events), Winter Party, Miami Beach 13.1 and Funkshion Fashion Week. The City made this determination through the Major Event Plan in recognition that Police, Fire, Code, Sanitation and other critical resources were already engaged in enhanced staffing that precluded the availability of necessary off-duty details required for high impact public events. Events which have historically occurred on public property were allowed to continue, as well as events contained within private property or new corporate/ non-public uses related to hotel or Convention Center rentals. However, some successful events held on private property the past several years are outgrowing the capacity of the property and are asking the City to consider allowing them to expand onto public property or run the risk of losing these events and the revenue generated by them to areas outside of Miami Beach. The Administration believes it is critical to be able to successfully manage public special events in enhanced staffing periods, like March. However, in an effort to maintain existing business, the City may wish to consider additional 444 Page 3of5 October 24, 2012 City Commission Meeting Special Events Guidelines Amendment criteria not previously addressed. The NCAC discussed the subject and recommended the following criteria be considered shall be considered by the Administration when reviewing such requests: • Whether or not the event producer has had a successful track record of obtaining special event permits and producing events in the City for no less than five (5) years in a private venue and is in need of expansion. • Such applications would be considered on a first-come, first-serve basis, until such resources are no longer able to be reserved. • The event could not occur concurrently on both private and public property. • The City will consider the event's long-term, short-term, and indirect effects on local economic industries, including but not limited to hotels, restaurants, entertainment establishments, retail, and the City. • The City will consider whether the event is compatible with the surrounding neighborhoods and complements the ambience and aesthetics of the area in which it is presented. • The City will consider the stress that such an event may place on various City services with expenses associated with additional crowd control, policing, security, parking, and traffic to be borne by the event producer. • The City will also consider the availability of these needed resources including time, people, money and equipment. • City services required for the event can be reasonably made available at the time of the proposed event. PROPOSED-SPECIAL EVENT GUIDELINE AMENDMENTS This amendment follows a review of other major cities' special event procedures, review by the Production Industry Council and a group of event producers. The following are the recommended amendments to the guidelines that are being considered in conjunction with the second hearing/public hearing of the companion Ordinance amendment A Permit Types: Creates additional special event permits types in order to streamline application processing for smaller, less impactful, special events. Public Property • Reduce the application deadline from sixty (60) days to thirty (30) days for events with a maximum attendance of 150 people and requiring no city services. This change will help streamline the process from small events. • Large more impactful events will remain with a sixty (60) day application deadline as they are more complicated and require more advance planning. Private Property • Reduce the application deadline from thirty (30) days to fifteen (15) days for events taking place on private property and requiring no city services. This streamlines the process less impacting events on private property, which historically require a shorter turnaround time. (Note: all other events on private property must apply with a minimum of thirty (30) days. B. Security Deposit In response to concerns that the security deposit was not sufficient enough to cover expenses for larger events, the following changes are proposed: • $2,500 small events up to 150 people • $5,000 for events up to 1500 attendees • $10,000 for events with between 1500 and 5000 attendees • $20,000 + for events with more than 5000 attendees Updates the list of Major Event Periods. 445 Page 4of5 October 24, 2012 City Commission Meeting Special Events Guidefines Amendment D. Booking Policy: Adds language to the booking policy allowing an applicant to challenge dates already held by a "first hold" applicant A "first hold" applicant has submitted an application and an application fee, for an event on a certain day or dates at a particular location. If a Second Hold applicant for those held day(s) challenges a First Hold applicant's dates, the First Hold applicant will be required to post a cash bond in the amount equal to the estimated cost of City services (i.e. Security Deposit, Off-duty Police, Off-duty Fire and Sanitation, etc.) within fourteen (14) days of receipt of notice from date/location challenge from the City. Additionally, the Second Hold applicant must post a cash bond in the amount equal to the estimated cost of City services at the time of the date challenge. If the First Hold applicant fails to provide the City with the specified cash bond within i 4 days of receipt of notice, the Second Hold applicant will then have a First Hold on the dates and location. If both parties fail to post a cash bond, the dates and location are released and will be made available on a first-come, first served basis. E. Consecutive Day Clause: Clarifies the Consecutive Day Clause limiting venues to five (5) special event permits per calendar year. F. Art Basel Zone: The establishment of a zone to be bounded by 23rd Street to the north; by Lincoln Lane South to the south; by Alton road to the west; and by the Atlantic Ocean to the east, where special events permits for non-Art Basel Miami Beach official events will not be permitted. The effective term and duration of the Art Basel Miami Beach Zone is only intended to run concurrent with the actual ABMB Event dates. The following amendments to the guidelines are recommended to address changes already previously approved by the Commission: G. Wedding Permit Fees: The City Administration implements a new $125 wedding permit fee as part of the FY 10/11 budget, which were approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519. The proposed amendment will include this information in the guidelines (Section Weddings and Ceremonies. Late Fees: If an application is received later than the specified deadline a late application fee of $250 applies. The intent is to encourage event producers to apply timely. There is also another late fee is applicants have not submitted all required documentation 14 days before the load-in of the event commences. The application is then considered denied and any additional coordination requires a reinstatement fee, commensurate with the event's permit fee: • 0 to 1499 attendees $250 • 1500 and above attendees $500 These changes to the special event fees were approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519 and was adopted as part of the FY 10/11 budget The proposed amendment will include this information in the guidelines (Section LA VII-Minimum Requirements; Late Application Fee). L The Administration reviewed the guidelines and determined that the City's Administrative Policy for repeat violators of special event permits should be formally incorporated into the guidelines. They were developed to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for violations of this Section of the City Code (Section The policy states levies additional penalties for event producers who violate the terms of their permit multiple times within the preceding 12 month period of time and restricts the producer from obtaining additional permits for a period of time depending on the number of violations. 446 Page 5of5 October 24, 2012 City Commission Meeting Special Events Guidelines Amendment J. Temporary Sampling: creates a distance separation from existing sidewalk cafes and tightens the definition of "mobile" sampling. The amendments prohibit sampling from moving vehicles and sampling within 20 feet an approved sidewalk cafe, outdoor cafe, outdoor restaurant, etc. On May 25, 2010, the Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling regulations and recommended revisions to the guidelines regarding. K. Adds additional criteria for the Manager's consideration when considering a special event permit for events that feature a public benefit component (Section I.B.II.e.). L Includes language clarifying that the City is not responsible for any expenses incurred by the applicant (Section LB. M. Changes from "weeks" to "days" the requirement for the deadline for payment for City services (Section LD.II) N. Includes clarification language for required verification for light post banners for 501 © 3 non-profits (Section II.E.III). 0. Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to all beach, park and pedestrian use areas. Currently the pass is intended only for beach use. This change allows proper regulation of safety needs for events that require access to non-beach authorized areas, such as greenspace (Section !LA). P. Another change clarifies waiver provisions for non-profit groups (Section I.A. VII-Minimum Requirements) and amends the submission date for the Indemnity Agreement and Insurance documents (Section LA VII- Minimum Requirements, Indemnity Agreement; Insurance Requirements). CONCLUSION In an effort to streamline the permitting process and provide better oversight and regulation of the Special Events Permit process, the Administration recommends that the City Commission approve on second reading/public hearing the proposed amendments to the Special Events Ordinance, as specified in the attachment KGB/MAS/GW T:\AGENDA\20i2\10-24-i2\Special Events Guidelines Amendment Memo.doc 447 RESOLUTION NO. __ _ A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, REVISING THE "SPECIAL EVENTS REQUIREMENTS AND GUIDELINES," BY AMENDING THE FOLLOWING SECTIONS: "APPLICATION PROCEDURE," "WEDDINGS AND CEREMONIES," "PRODUCT PROMOTIONITEMPORARY SAMPLING", "MINIMUM REQUIREMENTS," "INTERNAL REVIEW PROCEDURE," "EXTERNAL REVIEW PROCEDURE," "VEHICLE ACCESS POLICY," "BOOKING POLICY," "CONCESSION AGREEMENTS," "USE OF PUBLIC PROPERTY," "ENFORCEMENT AND PENAL TIES;" AND FURTHER AMENDING THE SPECIAL EVENT FEE SCHEDULE, AND HEREBY PERMITTING AND RESTRICTING FURTHER USES ON PUBLIC PROPERTY. WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the citizens of Miami Beach to ensure that special events are compatible with the City, which is a major and internationally recognized tourist destination; and WHEREAS, the Administration has acknowledged and recognized that various individuals and businesses have increased their efforts to hold special events throughout the City, which requires specific measures to be taken in order to minimize the disruption and impact to surrounding residential inhabitants and business entities; and WHEREAS, it is necessary to provide an orderly arrangement for the use of public facilities and public resources and to minimize disruption to the impacted surrounding built and natural environment by persons holding special events, including the activities described above; and WHEREAS, it is necessary to protect the public health, safety and welfare from potential problems associated with special events, including the activities described above; and WHEREAS, detailed revisions to the Special Events Requirements and Guidelines are provided in the attachment NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and adopt the attached amendments to the City's Special Events Requirements and Guidelines. PASSED and ADOPTED this, the ___ day of------' 2012. MAYOR ATTEST: CITY CLERK T:\AGENDA\2012\10-24-12\Special Everts Guidelines Amendment RESO rev.doc 448 City of Miami Bec:acn, 1700 Convention Center Drive .. t\~iorni TOURISM AND CULTURAL DEVElOPMENT FilM & EVENT PRODUCTION MANAGEMENT Tel: 305-673-7577, fox: 305-673-7063 . Florida 33139, SPECIAL EVENTS REQUIREMENTS AND GUIDELINES The City of Miami Beach ("City") hosts a wide variety of special events that enrich the community for both visitors and residents. To mitigate the ever-increasing demands made upon City resources and infrastructure, applicants are required to present proposed special event activities to potentially impacted neighborhood associations and appropriate City departments to ensure that these events are compatible with the surrounding neighborhoods. This process assists in evaluating and assessing the City's resources, both in terms of personnel and use of public property and right-of-ways, to adequately protect the public safety, health and welfare of the community. This review may also require a more detailed and coordinated Major Event Plan, especially during holiday or repeat event periods that have a high impact on City services. The Special Events Ordinance (Chapter 12, Article II, Section 1 of the Miami Beach City Code) and the Special Events Requirements and Guidelines are intended, insofar as possible, to mitigate the costs of City services for special events, although it is not the intention that the costs special events permit fees be used for revenue generation. The intent of the Special Event Ordinance and the Special Events Requirements and Guidelines is: • To insure the City will have adequate advance notice of a proposed special event and the cooperation of the organizers to adequately plan City services (such as security, sanitation, parking, and traffic control) that may be required for such an event • To insure that the City's beaches, parks, and public right-of-ways are protected and conserved, by limiting the number and type of events held in these areas; and • To preserve the City's commitment to attract quality events with significant cultural and entertainment enrichment for the community at-large. This Special Events Requirements and Guidelines package has been designed to help guide applicants through the process of applying for a special events permit and to minimize disruption to the impacted surrounding environment. 449 Special Events Requirements and Guidelines 2 450 Tabt<t of Contents L· ····A.flfffttCATI.Otf .. fflf.QCft.ftU.ftft VI V\1. 1\JHNJMUMRECllJIREMETNS INSURANCE HEQUIF\EMENTS SITE PLAN H GRlTEl%1/\FOl'\Gf/\HNTOFPERMIT ill APPHOVAL·Of .. J?EFMIT IV. MLTUF;\L DiSASTER/WEATHER C. STEP 3: EXTERNAL REVJEW .. .lfRQCEDURE ··············································································································································································· +£ 0. STEP: 4CQORDIANTION Alit ·· ·· ·· ADHftRENC·ff··+O···RftGU.LATftA/\HiAND·OTHERP.OUCtEfl 1:!f!AffMII.JSM1fS\I.t ACCESS POUCY S~ BOOKING P.QtJCY I CONSECUTIVE DAY CU\USE 13 ··~~·~~FiftA7 14 Special Events Requirements and Guidelines 451 3 \1 111 .QRLHNANOE F!RE·Ilf.PHHHHTLHENT MARINE PAfJ?.QL * PERtAIT FORTEfv1PORJ\RY .. FOOD.ftAlES * BEAGH .. GLf.ANING ENVIRONMENTAL PROT£0TION * lJ!Vl~IVPIV+"2++fllELANOS " DIVISIONOFALCOHGUCBEVERAGESANO TOBACCO '"Lt.JMIUl\ LTFPARTMENT OF TfNlNSPORTATION D. :67~2$ Special Events Requirements and Guidelines 452 4 Special Events Requirements and Guidelines I. APPUCA TION PROCEDURE A City Permit is required for special events, A "special event" is generally defined by the City as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review in accordance with this section, Applications are processed on a first come, first serve£! basis, unless otherwise provided for under the booking policy herein (Section IL B), A. STEP 1: Application and Questionnaire Forms All persons or entities interested in conducting a special event must complete an application and questionnaire listing all required information, Please refer to Appendix A for a copy of the application and I. EVENTS ON PUBLIC PROPERTY taking place on public property, whether produced by a not-for-profit or but not limited to, festivals, parades, performances, and broadcasts" require a special event permit from the City, Applications and questionnaires submitted with a minimum of SIXTY (60) days notice, in order to process prior to the proposed II. EVENTS ON PRIVATE PROPERTY l £-~~~Applications and questionnaires for events proposed to take place on private property where such event would be considered a 'special event' under the City's Special Events Ordinance and these Guidelines, ,=::o=~~~~======,~==~:::,cc,L::u~~"'== Events or activities that do not require special event permits are recurring activities that are typically not open to the general public, and are customary and incidental to a permitted main or accessory use, whether by paid admission or not, and require no additional permitting, Special Events Requirements and Guidelines 5 453 Examples of customary uses for hotel properties include, but are not limited to: Weddings; Bar Mitzvah; Bat Mitzvah; Anniversaries; Baby Showers; Engagement parties; Wedding Showers; Holiday events; Awards functions; Networking Events; Fund Raisers; Charity Events; Incentive group functions (meetings, etc.); Corporate group functions (meetings); Convention group functions (meetings); Community based organization meetings; Reunions; Prom; Seminars; Sweet Sixteen; Press Conferences; Product Announcements; Political functions ( including kick offs, election night or during a campaign). Non-recurring events or activities that have extraordinary or excessive impacts on public health, safety or welfare, not normally associated in type or quantity with permitted main or accessory uses, shall require a special event permit For example: "' When temporary structures are erected (South Beach Food and Wine Festival's "Bubble Q", Art Basel}, etc.); or "' When a temporary occupant load is required; or "' Television, entertainment events or casting calls open to the public (American ~~~~~~.or "' Musical performances (Winter Music Conference). Conditional uses are recurring activities open to the general public, whether by paid admission or not, identified in the City's Land Development Regulations, and requiring a public hearing (e.g., Neighborhood Impact Establishments or Outdoor Entertainment Establishments such as Sky Bar, Raleigh Hotel Sunday Soiree, etc.). Non~conforming uses in residential districts are prohibited from obtaining special event permits. Additionally, consistent with Section 142-693 (c), Section 142-302, and Section 142-485 of the City Code, special event permits will not be issued to non-conforming properties south of Fifth Street, or in the area generally bounded by Purdy Avenue on the west, 201h Street on the north, Alton Road on the east, and Dade Boulevard on the south. Ill. WEDDINGS~ ~CEREMONIES !i[!1~~!!!!J~~!!!2 A Wedding)Ceremony and Team Building Permit allows for a use of public property in the City, other than within existing rental areas of the Parks Department A Wedding.JCeremonyand Team Building Permit allows for limited elements ("Elements"), defined as the following: chairs, runner, archl-chupa, ~=~~=:..::~=~~~~=~~==~.----~ operated stereo, acoustical performer(s), riser (48" or less) and a single 10'X10' pop up tent Any additional Elements or activity exceeding the Guidelines and restrictions (see below), inclusive of an adjacent reception would require special event permitting, or prior written approval of the City Manager or his/her designee. REQUIREMENTS: 1. A completed Wedding,JCeremony and Team Building Permit application, detailing exact location, date, times, Elements and number of attendees shall be submitted no less than prior to wedding/ceremony. 2. A site plan of the area and Elements, detailing area features and showing measurements of entire site. LApproved signature survey from and all contracted or concession user(s) if the area requested falls within a contracted or concession use. RESTRICTIONS: Special Events Requirements and Guidelines 6 454 approved Elements shaH be hand carried or carted to site. Vehicles will be permitted in areas designated for authorized use only, including beach/sand, parks, sidewalks, pedestrian access areas, with prior written approval of the City Manager or his/ her designee approval and vehicle beach access passes ($150.00 ea.) in conformity with Beach Vehicle Access Policy herein (Section D. II. A.). st through October 31st additional restrictions will apply per State of Florida Department of Environmental Protection ("DEP") Marine Turtle Guidelines. DEP permits may be required throughout the year. ;:;~ ~Following the must be left in IV. MARKETS -For information on how to become a market producer or vendor, please contact the City of Miami Beach Procurement Department at 305-673-7490. V. PRODUCT PROMOTION/ TEMPORARY SAMPLING -A Temporary Sampling Permit allows for the non-permanent and mobile distribution of single serving goods or services to the public with no direct or indirect commercial exchange provided on public property within the commercial and mixed-use zoning districts of the City. REQUIREMENTS: Applicants wishing to procure a Temporary Sampling Permit shall provide the following information to the City's Department of Tourism and Cultural Development no less than 10 working days prior to said activity: 1. Application for Temporary Sampling Permit. 2. Samples and/or descriptive literature of products or services to be distributed. 3. Quantity of product(s) to be distributed. 4. General Liability Insurance of no less than One (1) Million U.S. dollars or equivalent value naming the City of Miami Beach as additional insured and certificate holder including the City's address as per Section A VI! (INSURANCE REQUIREMENTS). The certificate must not be older than 90 days. 5. Completed, executed and notarized Indemnification, holding the City of Miami Beach harmless for all approved activities as well as from effects of products or services sampled. 6. A permit fee of $2,000.00 per singular team, per day, payable to the City of Miami Beach and due before commencement of activity. A singular team is defined as no more than five (5) people in total distributing the same product in location specified on the permit or within 500 feet of that location. This fee is refundable if permit is cancelled or denied. 7. A security deposit of $2, 500.00 is due upon submission of application. Security deposits will be refunded approximately 4-6 weeks post activity, if ail restrictions are followed, public property is left in as good or better condition than when activity commenced, and all City invoices are paid. Failure to comply with restrictions imposed automatically results in forfeiture of up to full value of security deposit. 8. Identify location where the temporary sampling activity will occur. RESTRICTIONS: 1. Permittee or his/her representative must maintain the original permit with them during the activity. 2. Permit is valid for only one singular team of no more than five (5) people in total for the location specified in the permit or within 500 feet of that location. Special Events Requirements and Guidelines 7 455 3. Permit is valid only for date(s) issued. 4. Permit is valid only for approved product(s) as presented in application and printed on permit. 5. Permittee is solely responsible for comprehensive sanitation of any and all areas utilized and their surrounding areas, inclusive of ensuring any sample by-product or literature discarded by the permittee, his/her representative, or the public is removed and discarded appropriately. 6. Permittee or his/her representative may not at any time erect tables, tents, chairs, banners, flags, fencing, inflatables, signs or other elements in public areas or right of ways. 7. Permittee or his/her representative may not at any time attach posters, flyers, stickers or other elements on buildings, trees, lightpoles, newspaper racks, telephone booths, or other public elements. Hand to hand distribution of information must follow City's Handbill Ordinance, as codified in Article 3, Section 46 of the City Code. A Temporary Sampling Permit shall not be required for the distribution of literature, periodicals or other non-product or service related materials, as long as thay have ~no exchangeable or redeemable value. 8. Permittee or his/her representative may not reserve meters for the parking promotional vehicles (skinned or unskinned). Any and all parking must be in accordance with the City parking regulations. or his/her representative may not employ any generators, use electrical outlets or require, install or lay wiring across the public right of ways. or his/her representative must maintain no less than five (5) feet of unobstructed public access on sidewalks at all times. or his/her representatives are bound by the Miami-Dade County and City of Miami Beach Noise Ordinances at all times. Permittee wishes to distribute material in an area contracted or permitted for concession, outdoor cafe, event, filming or other such use, Permittee must provide approved signature survey form from affected party. City does not permit stand alone product promotion events. Product promotions are only permitted for sponsors of permitted special events only within the permitted boundaries of such special event. PENAL TIES: Violators of terms of a Temporary Sampling Permit may be subject to one or more of the following: • Revocation of permit and immediate cease and desist order issued. • Forfeiture of full or partial security deposit at discretion of City Manager or his/ her designee. • Subsequent doubling of previous security deposit for future applications. • The product and/or other products from parent company will be restricted from distribution in any future Temporary Sampling Permits for a period to be determined by the City Manager or his/ her designee. • Fines and further penalties as Article II, Section 12-5 (9) of the City Code. VI. RIDES AND AMUSEMENTS -The City does not allow for-profit carnivals, amusement parks, or carnival-related mechanical amusement rides. VII. MINIMUM REQUIREMENTS -The minimum requirements to apply for a Special Events Permit are: • APPLICA TIONIPROCESSING FEE-This fee is non-refundable and must be made payable to the City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D) to determine fee amount. Special Events Requirements and Guidelines 8 456 • PERMIT FEE-This fee is refundable if application is denied and must be made payable to the City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D) to determine fee amount refundable security deposit will be required no later than days prior to the event Based on the scope and location of the event, a pre-and post-event site inspection may be conducted by the applicant and appropriate City personnel to determine existing conditions and evaluate potential damages, if any. Security deposits will be {approximately -weeks after the event} if all conditions are followed, public property is left in as good condition or better and without damage, ~~~~~~~-="""'"=,;;"=-c~====== and all City invoices -Failure to comply with restrictions imposed may result in forfeiture the or security Any post-event balance or fines owed to the City, its employees, Departmental or Facility charge/expenses, damage, repair or replacement cost(s), etc. may be deducted from the security deposit Any unpaid balance owed exceeding the security deposit will be cause for refusal to accept future special event permit applications. Such applications will not be considered until outstanding debts to the City are paid in full (i.e. License Fee, Code Enforcement Lien, Special Assessment Lien and/or any other debt or obligation due to the City under State or local law). PLEASE NOTE: Security deposits cannot be waived:. • INDEMNITY AGREEMENT-An Indemnity Agreement must be executed and notarized with an original and, if a corporation is the applicant or the application is filed on behalf of a corporation, the company seal must be affixed to the document The Agreement must be submitted no later than days prior to ==.;:;.~ the event. • INSURANCE REQUIREMENTS -The City of Miami Beach must be named as an additional insured and policyholder on all insurance certificates issued for the event. All insurance policies must be issued by companies that are authorized to do business in the State of Florida, and have a rating of B+VI or better in the current edition of Best's Key Rating Guide. The Certificate of Insurance must state the time, date, location and name of the covered event, Including set-up and breakdown day(s), date(s), and time(s). Applicants have the option of submitting a Certificate of Insurance for each policy year. The City of Miami Beach reserves the absolute right at its sole discretion to increase these requirements, as necessary, to protect the interests of the City, including an increase in the amount and type of coverage required, depending upon the scope and nature of the special event. • Commercial General Liability -Commercial General Liability insurance, on an occurrence Special Events Requirements and Guidelines 9 457 form, must be obtained in the amount of at least $1,000,000 per occurrence for bodily injury, death, property damage, and personal injury. The policy must include coverage for contractual liability. e Worker's Compensation And Employer's Liability -Contractors must submit proof of Workers' Compensation and Employer's Liability in the form of a Certificate of Insurance. All other State regulations apply. e Liquor Liability-If alcoholic beverages are to be sold or served at the event, the group or individuals selling or serving the alcoholic beverage must obtain Liquor Liability Insurance in the minimum amount of $1 ,000,000. The sale of alcoholic beverages must be in compliance with the Liquor Control Regulations of the Code of the City of Miami Beach. The City's Risk Manager must approve the Certificate of Insurance. Once approved, the Certificate will be kept on file in the City's Risk Management Division. The insurance requirements must be met no later than days prior to=~~ the event PLEASE NOTE: Insurance requirements cannot be waived.:. • SITE PLAN -A preliminary site plan submitted HB·+et;t++r+aF+-t+a++JB+AE+tl+++lrc-e:cH+ee A final site plan must be submitted no later than The site plan must show detailed diagram(s) drawn to scale of the event including: the location of concession booths, portable toilets, dumpsters, public, emergency and accessible routes, location of stages and entertainment and orientation of loudspeakers, locations for electricity and water, generators, lighting towers, NC units, fenced or walled areas, disability access elements such as accessible parking, accessible paths of travel, accessible portable toilets, and other relevant elements. All generators, lighting towers and NC units must be fenced in or barricaded to prevent crowds from coming into contact with them. In addition, a narrative describing all temporary installations must be attached for beachfront events. For purposes of herein, "beachfront" is described as seaward of the Coastal Construction Control line. Once the site plan is approved it cannot be altered without the prior written consent of the City Manager or his/ her designee. B. STEP 2: Internal Review Procedure All proposed events with projected attendance of 200 persons or greater on public property, or private property where such event would not be incidental generally or without restriction throughout a particular zoning district, will be reviewed by the City's Internal Special Events Committee. The Internal Special Events Committee meets monthly and is composed of representatives from City departments, including, but not limited to Police, Fire, Tourism and Cultural Development, Public Works, Parking, Planning, Code Compliance and Parks Departments. The Committee will review and comment on the proposed site, security, parking, transportation, and any and all other necessary plans for the proposed event. These comments will be incorporated with those received through the neighborhood review process. Tourism and Cultural Development Department staff will indicate the specific requirements the applicant will need the time frame for completing these requirements. Special Events Requirements and Guidelines 10 458 The City Manager will make a final determination on an application for a special events permit within seven (7) days after all special events requirements applicable to the event have been fulfilled, Such requirements must be fully completed by the applicant no later than thirty (30) days prior to the event Some requirements may require more time. No refunds will be made after a permit is issued; however, payment does not constitute permission to hold the event All approved permits must be available for inspection on site at all times. For special events produced by Bt:++\'€7fCl7-!:!!U!£1~-=' Manager may waive permit ~~~~~.~.~· propertieS, S8t!8F8·f~1aaata~}6~~F·8XG~~V~+~~e;~~~~;a~~9¥tf3B€i8GS!HR589+8t?RJ19HfefBFB9!G aan:u:;sH:>ns rees a110·sace;?rl·ooo .... se,Jerao4?a:no rnerc:nanr11se on:o;JOJ1G+:Jra~Jl¥ wt1Em such waiver is found to be in the best interest of the City. No waivers are allowed for personnel-based expenses (city SJ""~~~~QQ!2lhl9J~!l:mJ912.Q!iJlJ2IJ!l:mL....§_\LQlJTil0TI~00L§. In determining waiver of permit fees, no consideration may be given to the message of the event or content of speech, or to the identity or associational relationship of the applicant. ~~~=-::=-:~~~=~~~==~~~~=~"""-~"-!. I. Major Event Periods (MEP) -The City first evaluates the City's needs, impacts and quality of life issues during MEP's. The City will then also specifically evaluate the impact of events proposed to take place during holiday weekends and major event periods, which create a significant demand on City services and resources. The City may determine an MEP to have high intensity on City services and, therefore, may prohibit the issuance of special events permits during these periods. The City may also determine that enhanced City services are required during such periods. In such instances, costs for enhanced services will be shared equally by and between all permitted events. The City has identified repeat ~~~~~~= event periods which historically have a high impact on City services. It is realistic to expect these activity periods to continue to be popular in Miami Beach, bringing large crowds that will require additional City service levels and interagency support These MEP's include, but are not limited to, the following: • February-Miami International Boat Show"""/Brokerage Yacht Show"'jFood & Wine Festival, and Super Bowl (} .... March-Winter Music Conference. !Winter PalrtV!QQ!aa&aao+ .. JJaaauao8llv8ll May -Memorial Day • July-Independence Day • September -Labor Day Weekend • The Major Events Committee will take note of announced events and potential events of significance and initiate customized action plans. Each City department has specific action plans to address the requisite levels of service and outline their efforts and responsibilities associated with any upcoming major event planned within the City. • Major Event Plan ~ The Major Event Plan attempts to address the impact of an event and set forth the action plan involved from a preparation and implementation perspective and sets forth each Special Events Requirements and Guidelines 11 459 City Department's service levels contingent upon anticipated population levels associated with each MEP and ancillary/related events. II. Criteria for Grant of Special Event Permit ~ The City Manager shall be charged with 1he responsibility and authority to determine whether a particular applicant shaH be granted a special events permit The City Manager shall have sole authority, subject to the appeal process in STEP 3 of the Guidelines, to approve, approve with conditions, deny, and/or revoke a special event permits upon considering the following factors: 1. Type of Event a. The type of Event covers aspects of the event that relate to what demands the City is likely to experience attendees can be expected. Other oeJlerr;;seroe1:F1:H;;;e;csQQ§JQ§JQ§JQLJJ.S:£1£J±J~. may stem from the hosting of one show versus another. Community profile, reoccurrence, and nature of the venue all are components to be evaluated in the Type of Event category. b. Another important aspect of is the value of ancillary events and conferences that may surround the event (other smaller shows I events). These may or may not be side events directly managed, or a part of, the event under review, or may _be shows and conferences from other sponsors that take advantage of the attendee population the main show. The venues for these other ancillary shows could be local hotels, arenas and parks, large event Side events of this type may be considered a positive, from the additional economic impact they may provide, or they may be considered a detriment, depending on the nature and history of these side events. c. Whether event is conducted for an unlawful purpose and/or in violation of Federal, State, County or Municipal laws. d. The existence of conflict or interference with another event or another applicant who has obtained a valid special event permit When there are competing applications which are substantially for the same time and place, priority will be given on a first-come, first-served basis, but a first priority will be given to a pre-established, annual event, which is defined as one which has a minimum of five (5) consecutive years of existence in the City under the same ownership, is in good standing (which includes being current on all prior debts), and has complied with other applicable all obligations to the City in a timely fashion. 2. Economic Impact to the City a. The City will consider the event's long-term, short-term, and indirect effects on profit/costs to local economic industries, including but not limited to hotels, restaurants, entertainment establishments, retail, and the City. b. The City will also consider events undertaken by not-for-profit organizations that demonstrate directly helping a charitable cause. c. An Economic Impact Survey is required to determine if an event has demonstrated a positive economic impact to the City. 3. Infrastructure and Service Demands (Quality of Life) a. The City will consider whether the event is compatible with the surrounding neighborhoods and complements the ambience and aesthetics of the area in which it is presented. Special Events Requirements and Guidelines 12 460 b. The City will consider whether the event poses a public threat to residents, businesses, and visitors, not considering content of speech, message, or reaction to the message. c. The stress that a show may place on various City services is considered in the evaluation process. Expenses associated with additional crowd control, policing, security, parking, and traffic shall be considered. d. The City will also consider the availability of these needed resources including time, people, money and equipment e. Additionally, more intangible aspects of the effects that an event may have, relating to the quality of life aspects that may positively or negatively impact the local flavor of the City and the lives of the resident population, are also considered in this area, including the urgency of the event, the reaHstic time frame, and other events taking place in the City and South Florida area at the same time. f. Interference with traffic in the area contiguous to the event, and availability at the time of the proposed event of sufficient City resources to address the events potential impacts and mitigate the potential disruption. g. Availability of police officers, traffic control aides and traffic control equipment to protect the participants in the event and protect the non-participants from traffic related and other hazards in light of the need and demand for police protection at the time of the proposed event h. Concentration of persons, vehicles or other structures at the event and feasibility of disbanding the area in order to allow fire, police and ambulance services. L Substantial likelihood of subjecting neighborhood in immediate vicinity of proposed site of event to unreasonable and prolonged noise, littering, or parking difficulties. j. City services required for the event cannot be reasonably made available at the time of the proposed event 4. References a. The event shall provide references from other locations that it has used. The evaluation should consider not only the references themselves but the quality of the references and the sources from which they come. A list of references that cover not only the previous venues for that event, but also the references from that City, its police and any civic organization that the past venue impacted showing the good citizenship and positive economic impact the event has had in other places where it has been held. b. Whether same or similar event has a history of causing or resulting in a threat to public safety in Miami Beach or elsewhere, except that if the public safety problem was caused by crowd reactions to the event's message, this factor alone, shaH not be sufficient cause to deny or revoke a City special event permit c. Material misrepresentation or incorrect material information made in the application process. Prior to a denial or revocation based on this factor, the City Manager shall give the applicant an opportunity to cure, satisfactorily rebut, or revise such evidence. d. Failure to complete payment of any sums required for a previous event until such time as payment is received. e. Failure to substantially perform a clean-up plan which was made a condition of a previous permit Special Events Requirements and Guidelines 13 461 f. Failure to adhere to City policy as prescribed by the Special Events Requirements and Guidelines, or other applicable laws where the health, safety and welfare of the community is potentially affected. 5. Promotional Value a. Is the event under consideration a high profile event with good name recognition and a good reputation? The evaluation must try to assess the importance of having the City and the event linked in the press. All positive results that may be derived from the association should be considered. It may be that the value of having the event lies in the other high profile events that traditionally follow this one. positive publicity surrounding a high profile event may have had the effect long term increases in local tourism and free positive publicity for the area as a whole, increasing general business activity. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner and place on account of any message which may be conveyed at an event, or on account of the identity or associational relationships of the applicant No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event, provided that reasonable accommodation as to time, manner and place may be required in order for the City to provide the resources necessary for protection of health, safety and welfare. Special Events Requirements and Guidelim;,s 14 462 No event applicant or permittee, shall be required to provide for, or pay for the cost of, public safety personnel necessary to provide for the protection of an event and its attendees from hostile members of the public or counter-demonstrators, or for traffic control outside the event area or for general law enforcement in the vicinity of the event Ill. Criteria for Approval of Permit-After all required elements are completed, and City Departments and impacted neighborhoods have reviewed and submitted their comments regarding an application, the City Manager shall do the following: • Approve the permit; • Approve the permit with conditions: or • Deny the permit upon conditions (as set forth in these Guidelines). If the permit is approved, the City Manager, in consultation with the heads of the affected City Departments, shall also impose any necessary restrictions or conditions as to the time, manner and place to be observed in accordance with public safety, environmental and administrative considerations (based upon the application), provided that such considerations shall not include any consideration of the content of any speech or message that may be conveyed by such event, nor by any considerations concerning the identity or associational relationships of the applicant, nor to any assumptions or predictions as to the response that may be aroused in the public by the content of speech or message conveyed by the event After the City Manager approves the issuance of a permit, the applicant may obtain such permit by agreeing to accept the "Terms and Conditions" imposed in accordance with these Guidelines. If the City Manager denies or subsequently revokes a permit, he will provide the applicant/permit holder with written notification and reasons for the denial/revocation of the permit (which shaH be consistent with the criteria in these Guidelines). IV. Natural Disaster/Weather -The declaration of an emergency, threat or a natural disaster, including extreme weather or the existence of a national threat, shall be just cause for the denial or revocation of a Special Event Permit. Under extreme weather conditions, including lightning storms, the City may temporarily suspend all operations or cancel an event C. STEP 3: External Review Procedure Special events in the City of Miami Beach are subject to review and recommendation by the corresponding neighborhood or business as:socaat1on -~-~~~~~~~~~=~~==~~~ =~=.:_:.=-~~'""· Applicants will be required to present their plans to the appropriate neighborhood association. In the case where there is no legally constituted/recognized association and the expected event attendance exceeds 200, the matter may be referred to the City of Miami Beach Planning Board for review and recommendation. Recommendations from the respective associations or the Planning Board, stating its position on the proposed event, should be submitted to the Special Events Office at least 30 days prior to the event The City will only recognize neighborhood associations that have filed for and received official neighborhood status. In order to receive official neighborhood status, organizations must meet the City's criteria. The City's criteria and a list of recognized neighborhood associations can be found on the City's website at~~~~=~~~· Special Events Requirements and Guidelines 15 463 The City Manager shall consider recommendations from neighborhood association(s) in determining whether to grant a Special Event Permit or what conditions to impose upon granting of the permit Notwithstanding, the City, through the City Manager, reserves the right to approve, approve with conditions, deny, and/or revoke any Special Event Permit Permits may not be transferred, assigned or sublet, without prior written approval of the City Manager. The final decision for authorization of a Special Event Permit remains with the City Manager subject to an appeal as follows. In the event of a lack of consensus between the neighborhood association(s} (or Planning Board) and the City Manager regarding a decision on a permit, the association(s) (or Planning Board) may appeal the Manager's decision to the Mayor and City Commission for consideration at its next available meeting. The appeal must indicate in writing the association's (or Board's) reasons for disagreement with the Manager's decision in approving or denying the permit being appealed. Such appeal also must be accompanied by a written resolution of a majority of the board of the association (or the Planning Board) indicating the decision to file the appeal. The Mayor and City Commission may affirm, modify or reverse the decision of the City Manager. If the date scheduled for the proposed event arrives before the next available Commission meeting, the decision of the Manager will be finaL If approval of the proposed event is delayed such that the event cannot be held on the date(s) and time(s) specified in the permit application, or if the event is not approved at all, the City will not be held Hable for any expense(s), losses, or liabilities or other inconveniences incurred by the applicant as a result of same. D. STEP 4: Coordination of City Services Special events often require the supplementing or hiring of City services. The City's Special Events Office will review comments received during the internal and external review processes and will determine minimum staffing levels, with recommendations from the relevant Department directors. The City may also determine that enhanced City services are required during Major Event Periods (MEP's) in order to mitigate excessive stresses on City resources. In such instances, costs for enhanced services will be shared equally by and between all permitted events. The City assumes no liability arising or resulting from the determinations of minimum staffing levels or the requirements for any events. A list of frequently required services is provided herein. Fully paid receipts/invoices for required supplemental or City services and equipment rental must be submitted to the Special Events Office no less than two (2) weeks prior to an event Any additional services rendered by the City for the event will be charged to the applicant and may be deducted from the security deposit. When City personnel are employed, there will be a four (4) hour minimum charge rendered by the appropriate Department to compensate each employee engaged by the applicant. II. ADHERENCE TO REGULATIONS AND OTHER POLICIES The City of Miami Beach reserves the right to provide services that it believes are necessary and sufficient to safeguard and ensure the health, safety and welfare for all participants, visitors, businesses, staff and general citizenry. All arrangements for services or facilities shall be staffed and paid for at least-two {2} ~m£~f±Il~B:::±B:::±B:::±!Y§ prior to event An applicant's budgetary constraints cannot dictate staffing levels required for public safety. In addition to compliance with all applicable Federal, State and County regulations, the applicant shall comply with all City codes, regulations, and laws. Any other permits, as may be required by the City of Miami Beach, Miami-Dade County, the State of Florida, or the Federal government, must be obtained and adhered to. It is the sole responsibility of the applicant to obtain all permits and comply with requirements, including but not limited to those described herein. Special Events Requirements and Guidelines 16 464 A. The City of Miami Beach, under no circumstances, guarantees, warrants or represents that the issuance of a Special Event Permit exempts the event from obtaining, or ensure the obtaining of, any permits or complying with any requirements which may be required currently or in the future by any Federal, State or local authorities, including other permits that may be required by the City. The City Manager has the authority to alter or end an event at any time it is determined necessary to assure the continued health, welfare and safety of the City's residents and visitors. lack of compliance with the City Manager's directives, including but not limited to, audio volume and adherence to site plan, shall be sufficient cause to warrant an event's closing (or other remedies provided in the City Code or herein). Issuance of a required Federal, State, or local permit does not authorize permission to hold an event A City Special Event Permit must be issued to constitute authorization from the City to hold the activity. All pre-payment schedules for City services are due, as indicated, except the City reserves the right to waive this requirement for events which have an exemplary prompt payment history with the City established over the course of at least five (5) years. possible, and/or golf carts should be utilized by event producers for events taking place on the beach or in ~~illl'::lll~~_§11S2U~U:ll:!Ui§. Notwithstanding the above. certain events taking place on the beach~ =;,;,;.;;;;,--=__;;;;,~~=~==-='-"'~= may require vehicular access the and out of equipment for the must be FfBiFti-l~~~q§1l£ill..mJ~ immediately thereafter. There is a vehicle access fee of $150.00, per vehicle, per event Event producers may purchase a maximum of ten (10) Vehicle Be-ash-Access Permits per ·~==~==~~==c::::.:...;;~=~=~~~~~=:.:........:;;=.:.:.=......:...:..:c:::.:........===· A Vehicle ~:'!tift must be on windshield of aR¥ such vehicles must be escorted on operating vehicles on the follow the procedures listed herein: o Due care and caution will be utilized at all times while driving any vehicle on the ==.:...~==~ o vehicles on the enter and depart the area beaGh at the nearest access point to the call. o Prior to entering the vehicle headlights and overhead flashing lights (if equipped) or flashers will be turned on. o Drivers must turn off radios and shall roll down both the passenger and driver's side front windows of their vehicle while operating a vehicle on the QS2~U@TILQJ:JL!.!l§J[.£!]:llilQlli~!....hl3~2..[§11'!9ea<m. o Maximum speed allowed on the is 5 MPH. o Vehicles, SUVs, and trucks are prohibited from driving on the soft sand where hard pack sand exists. o Vehicles, SUVs, and trucks shall stay west of the garbage cans on the hard ail times. o Do not drive over hills or berms (dunes) or near objects that may obstruct your view. o If you stop and exit your vehicle, walk completely around the vehicle prior to rAc•nr.,.,..,...,,... your vehicle and moving it o Traffic cones (orange, 18" high) must be placed at the front and rear of vehicles when parked on the oe.e~47fl~~~n.J .... P~fl$ QI QJII.f2U21W:lQThG§Q~UJIS:.9.· Special Events Requirements and Guidelines 17 465 o Use of a cellular phone or walkie talkies while the vehicle is in motion is prohibited. o Personal vehicles are prohibited on the ~~U2ID:~2I_QlLlSZL-ID!l!J.I~~~~~§!~rn**''R-at These procedures are to be complied with at all times by anyone operating a vehicle on the =~~=~ Failure to comply with these procedures may result in immediate revocation of the permit and termination of the event B. Booking Policy~ Public locations are booked on a first-come, first~served basis, but a first priority will be given to pre-established, annual events, which are defined as those events having a minimum of five (5) consecutive years of existence in the City under the same ownership; which are in good standing (which includes being current on all prior debts); which have complied obligations in a timely fashion to the City; and which have demonstrated a positive economic impact on the City of Miami Beach. A special event shall not be booked if it interferes with a previously scheduled activity, event or repair work scheduled for the proposed site. The City Manager may take into account simultaneously occurring events in the region or other factors that would impact the City's capability to host an event before approving an event Special Events Requirements and Guidelines 18 466 I. Cc:msecutive~Day ~ In no case shall a permit be issued to an applicant or venue, for substantially similar events, for more than four (4) consecutive days or five (5) non-consecutive ~s of not more than four (4)~tlve days each during the course of a calendar year. A separate Special Event Permit shall be required for each individual venue of a multi~venue event Certain public locations are appropriate for special events, but do not have certificates of use and occupancy defining their use. Such locations shall not be limited to the five (5) non-consecutive days per year limitation. Business or merchant associations are permitted to have events throughout the calendar year that promote and encourage patronage of the businesses in the geographic boundaries of the association. These events may NOT be retail oriented and MUST be free and open to the general public. A Special Event Permit may be required for such events and shall be obtained by the association. Such approvals shall abide by the City's Special Events Requirements and Guidelines. The City Manager shall have the discretion to approve a Special Event Permit for events which exceed the consecutive day and shall also have the discretion to amend, modify or temporarily suspend the permit for such events. C. Concession Agreements -events which include retail sales or vending will be required to enter into a written concession agreement with the City. Beachfront and non-beachfront events shall provide 15% and 10% respectively of all gross revenues derived from admissions and the sale of food, beverages, and merchandise. In the case where a producer rents booths for the sale of food, beverage and merchandise, the gross rate shall be calculated on the rental and/or concession revenues received by the applicant or the gross revenue generated by the concessions regardless of whether the applicant derives direct or indirect financial gain from such revenue. Copies of concession agreements and disclosure of all principals must be provided to the Special Events Office two (2) weeks prior to the event A notarized statement, certified by a Certified Public Accountant (CPA), of the above referenced revenue, along with payment of the aforementioned percentage, must be provided to the City no later than thirty (30) days following the event The Security Deposit on file will not be released until such statement and payment have been submitted to and accepted by the City. Under the terms of the agreements between the City of Miami Beach and its beachfront concessionaires , there exists exclusivity for rental of beach equipment, water and recreational equipment, food and beverage service on the beachfront, east of the cora! rock wall at Pier Park (Biscayne Street to First Street); and east of the sand dune in Lummus Park (from Fifth Street to Fourteenth Lane); Ocean Terrace (73 Street to 75 Streets); and North Shore Open Space Park (79 Street to 87 Streets). Additionally, the City may enter into additional agreements in the future with beachfront concessionaires for other beachfront locations seaward of City~owned property and/or seaward of street-ends at public right-of~ ways. Any proposed special event to be held on the beach within one of the aforestated concessionaire's jurisdiction is subject to review by the concessionaire. Notification to the concessionaire by the applicant must be in writing at least 60 days prior to the event. A copy of the applicant's agreement with the concessionaire or a letter of release from the concessionaire must be submitted to the Special Events Special Events Requirements and Guidelines 19 467 Office at least thirty (30) days prior to the event Up-land Concession Areas -The City issues licenses to operate beachfront concessions to up~land property owners (areas located behind private property) from Government Cut to 87 Terrace. A written release from upland owner concessionaires is required for events proposed behind private property that may interfere with these up~land concession areas and must be submitted to the Special Events Office at least thirty (30) days prior to the event I D. Use of Public Property =:: holders will be charged a net square footage rate of $.25 per square foot for public property occupied by the event for stages, booths, displays or areas restricted for exclusive use by the event The Square Footage Fee will be calculated in the following manner: Enclosed Site: Aggregating the square footage of the total fenced area. Non~enclosed Site: Aggregating the square footage of the individual fixtures of the event (i.e. stages, booths, tents, display areas, bleachers, etc ... t The City Manager may, in his/her discretion, waive this fee for events by not-for-profit corporations, or other event, when such waiver is found to be in the best interest of the City. In the case that the permit holder is operating under a concession agreement with the City, the net square footage rate may not be applicable. E. Event Signage -Sponsorship banners and signage are allowed within the designated event site only and may be displayed only during the event Banners must be immediately removed from the site following the event I. Special Event Billboard Signs -Up to five (5) banners or billboard signs with a maximum size of 4'x8' may be approved for placement in designated public locations in the City. These signs are required to obtain Design Review approval from the Planning Department A City application must be submitted to the Planning Department, no later than 60 days prior to the event A Building Permit is also required prior to installation. II. Street Banners --Event advertising banners shall not extend or project over any portion of any street, or right-of-way. Ill. Ughtpost Banners --Ughtpost banners are permitted in the City when approved by the Planning Department and the City Manager for special events taking place in the City of Miami Beach, and by the City Commission, for special events held outside of the City of Miami Beach. The application process begins at the Planning Department for Design Review approval no less than 90 days prior to the special event Approved lightpost banner design with the banner locations are then forwarded to the Special Events Office. A $50.00 per banner fee ($25.00 per banner fee if applicant is a ~¥~r;?.~Sill::&QLJ:lli!£C~lhill~ml.i?f.i?fJI:i2fJI:i2fJI:i2fJI:i2fdi@:?i@:?~2f!!:=llim:JQIQ!ll and processing fee will apply. Lightpost banners on State Roads (Le. 5th Street, Collins Avenue, 41st Street, etc.) require an additional permit from the Florida Department of Transportation. F. Grandfather Clause Notwithstanding the requirements described herein, the City recognizes the intrinsic historical, social, and cultural significance and importance of certain longstanding special events held continuously, on an annual basis, within the City. In recognition of such traditional longstanding events, special events in continuous annual operation since 1985 (Miami Beach Festival of the Arts and Art Deco Weekend) are herein deemed "grandfathered-in" solely for purposes of the following items and shall not be subject to these conditions: • Square footage fee; • Lummus Park user fee; Special Events Requirements and Guidelines 20 468 • Street closure sign-off requirement; • Concession Agreement and User Fee; and • Security Deposit (Security Deposit will remain at $2,500). G. Resort Tax AI! events that include sales of food, beverages, alcoholic beverages, or wine are required to levy a two percent (2%) tax, as per Miami Beach City Code Chapter 102, Article IV. A copy of the aforementioned section of the City Code and the Special Event Resort Tax Return forms are available through the Special Events Office. It is the responsibility of the event producer to collect, complete the form and remit payment to the City. J. Sponsorship Requirements IlL The following is a list of publicity and credit requirements for events or programs receiving financial or in- kind support from the City of Miami Beach: • Prominently display City of Miami Beach logo in all promotional marketing materials related to the event/program including, but not limited to, advertisements, brochures, websites, e-mails, newsletters, banners, posters, event programs, and other print and/or electronic publications. • Include the following credit line in all print news and press releases and broadcast media:"This event/program made possible with support from the City of Miami Beach" and include a quote from City of Miami Beach Mayor. • One full page full color ad in program guide • Website link to~~~~==~~· • Events/programs offering travel packages will also provide a link for to the following websites: 0 0 • On-stage slgnage in a prime location (if applicable). • Provide a booth/display area at events (if applicable). • Live announcement(s) during the event by emcee. The City reserves the right to negotiate additional terms if in-kind and financial support is in excess of $25,000. Special Events Requirements and Guidelines 21 469 in Special Events Requirements and Guidelines 22 470 IV. CITY OF MIAMI BEACH AGENCIES A. Building Department I. Building and Electrical Permits ~ Pursuant to the South Florida Building Code, the City's Building Department must issue a building permit for ali special events involving temporary construction or the use of temporary electrical power., Examples of temporary construction include, but are not limited to, freestanding tents, stages, fences, bleachers, and electrical. The applicant must present Special Events Requirements and Guidelines 23 471 of the Building Permit to the City's Special Events Office at least to the event II. Americans with Disabilities Act mAll special events must be designed and operated in a manner to be in compliance with Chapter 553, Florida Statutes (the Florida Accessibility Code). The following checklist is provided for guidance as to how compliance must be achieved: 1. Ensure curb cuts and cross walks are kept free and clear for usage, with a continuous accessible route of 44 inches in width. 2. The Event producer must ensure that any nearby accessible on-or off-street parking ("handicapped parking") is not obstructed by vehicles loading/unloading equipment, etc. If such obstructions occur, the Event producer must see that such obstructions are removed immediately. Accessible parking spaces shall be connected to the site's continuous accessible route, with no obstructions between the accessible parking spaces and the curb ramps that serve those spaces. 3. Any and all accessible routes created and/or installed by the Event producer, or under the Event producer's supervision, must have no abrupt change in level in excess of X inch. Where such changes in level are present, properly bevel the change in level at a 1 :2 ratio or provide a ramp a slope not to exceed a 1: 12 ratio. This is necessary to allow passage of wheelchairs or strollers and prevent tripping or the catching of walkers and canes. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. 4. Provide a smooth transition between temporary pathways and any ramps, sidewalks, streets, or parking lots. This means no change in level exceeding X inch. Any change exceeding inch requires beveling at a 1 :2 ratio or the installation of a ramp with a slope not to exceed a 1:12 ratio. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. 5. All cashier counters (counters where money transactions occur) must be no higher than 36 inches maximum above finish floor, for a minimum length of 36 inches. 6. Maintain an accessible route for access to merchandise that is both within a vendor space, as well as merchandise not contained within a vendor space. If the overflow of merchandise for patron viewing is placed behind a booth, then provide adjacent access to the merchandise via a curb ramp, as well as the placement of a pathway with a stable and firm surface necessary for the use of wheelchairs and mobility aids. 7. Merchandise for display should be within a line of sight no higher than 48 inches for persons of short stature or wheelchair users. If merchandise is displayed higher than 48 inches, merchant must provide assistance to disabled customers in order to reach items. 8. All vendor spaces shall be located on an accessible route that is a minimum of 44 inches wide. 9. If tables and seating are provided for the consumption of food, all aisles adjacent to accessible fixed seating shall provide 30 inch by 48 inch clear floor space for wheelchairs, Where there are open positions along both sides of such aisles, the aisles shall be not less than 52 inches wide. 10. For wheelchair seating spaces provided at tables or counters, knee spaces at least inches high, 30 inches wide, and 19 inches deep shall be provided. The tops of accessible tables and counters shall be from 28 inches to 34 inches above the finish floor or ground. 11. Where food or drink is served at counters exceeding 34 inches in height for consumption by customers seated on stools or standing at the counter, a portion of the main counter which is 60 Special Events Requirements and Guidelines 24 472 inches in length minimum shall be provided in compliance with the requirements of Items #9 and #1 0 above, or service shall be available at accessible tables within the same area. 12. Where portable toilets are provided, an accessible route shall be provided to the toilets. Five percent (5%} of the total number of toilets must be accessible. If clusters of portable toilets are distributed throughout the site, then each cluster must have accessible units. 13. If general assembly seating or standing space is provided for audience members attending a public performance at a special event, reserved wheelchair seating must be provided. Such seating must be provided in a location that allows wheelchair users an unobstructed line of sight to the stage. If seating capacity accommodates greater than 300 persons, then accessible seating shall be dispersed throughout the venue. 14. All flyers and written promotional materials for the event should be made accessible to people with disabilities, including those with hearing and visual impairments. It is recommended that the following statement be included on promotional materials: "Call [your number followed by word "voice"] or the Florida Relay Service (TTY) at 1to request material in accessible format; sign language interpreter (5 days in advance), or information on access for persons with disabilities". Sign language interpretive services must be provided, requested by the City five (5) days in advance of the event. 15. For performers who are disabled, all stages, show mobiles and dressing areas must be accessible. 16. All ADA considerations must be identified and detailed on the site plan. The site plan will be submitted to the Building Department Accessibility Plan Reviewer for approvaL B. Code Compliance I. Field Inspector-The City may require the applicant to hire a Field Inspector and/or a Code Compliance Officer to serve as an overall on~site coordinator, whose responsibility will be to ensure that all services are provided, the event runs smoothly, and that all Federal, State and local rules, regulations and ordinances are complied with. Special event producers agree and understand that a Field Inspector and/or a Code Compliance Officer, which will report to and be under the direction of the City, may be required in order to ensure compliance, as approved by the special event permit, and the conditions imposed with the issuance of such permit. Enforcement includes all activities leading up to, including, and following the conclusion of permitted endeavors._Event producer further agrees and understands that any and all costs associated with such Field Inspector and/or Code Compliance Officer shall be borne by the producer and reimbursed to the City prior to refund of security deposit pursuant to Section A (VII) herein. ~?GL~Fs reso;GHEHO+Htvrc;ri•~~08~~~BreattattwNatt&re3A··F«>re+ns~sreoror·····re·ooe Field Inspector and/or Code Compliance Officer required for aH events with expected attendance of 1,000 persons or greater. Field Inspector/Code Compliance Officer requirement for all other events will be determined on a case by case basis. II. Signs (Flyers) & Hand Bills ~ The City regulates the distribution of flyers, handbills or stickers. Specifically, distribution of handbills upon premises of another when requested not to do so is prohibited as per City Code Section 46-117, and placing or distributing any handbills on vehicles is prohibited as per City Code Section 46-118. Violations will be issued by Code Compliance for violations on public property and for handbills placed on automobile windshields carrying a fine of $50 for each sign (flyer) or handbill and a $23 removal charge per sign. m. Noise Ordinance * The City prohibits unreasonable and disruptive noise that is clearly incompatible with the normal activities of certain locations at certain times. Both the Miami-Dade County Noise Ordinance, Section 21-28 of the Code of Miami~Dade County, and City of Miami Special Events Requirements and Guidelines 25 473 Beach Noise Ordinance, Article IV, Sections 46-151 to 46-162, are applicable and enforceable to both public and private property within the City. These Ordinances make it unlawful for any person to make, continue or cause to be made any loud, excessive or unusual noise. If the excessive noise occurs between the hours of 11 :OOPM and 7:00AM in such manner to be plainly audible at a distance of 100 ft: from the building, structure or vehicle in which it is located, this shall be prima facie evidence of a violation of the Ordinances. If a noise violation occurs, the enforcing Code Compliance Officer will require that the noise be lowered to an acceptable leveL +ca~e+is~~~~~&&?Fs~~~etJ~w~tJW&e~&tJiW~~~~ to comply with a request from the Department of Code Compliance ~:·tf:i€ifxL,el+c:e·ltf:GJ:JartH:J++nt cc,ncerrllno violation of the Ordinances may result in the immediate revocation of a Special Event Permit and/or C. Fire Department I. Off Duty Fire & Paramedic Services -Depending upon the type of event and estimated attendance, off-duty or private fire rescue personnel may be required at the expense of the applicant. As a general rule, a minimum of one paramedic for up to 1 ,000 people and two paramedics for up to 5,000 people, and a rescue unit for up to 10,000 people, which consists of 2 paramedics and a team leader, are required. Enclosed events and tents over 400 square feet may require off duty Fire Inspectors depending on the type of event and estimated attendance. The City of Miami Beach assumes no liability arising or resulting from the determinations of minimum staffing levels or the requirements for any events. The final decision for the minimum number of Fire Rescue/Prevention personnel required will be determined by the City's Fire Chief or his/her designee. II. Enclosed Events Site Plan And Occupant Load -Site plans for enclosed events reqUinng fencing or tenting must be submitted for review and approval to the City's Fire Department Building Department permits cannot be issued until the Fire Department approves the event site plan. Non-substantial on-site adjustments to site plans may be made in consultation with and approval of the City's Fire Marshal, or his/her designee. The Fire Department requires a 20 foot emergency vehicle access lane between easternmost portion of the sand dune and any fencing or tents for all beachside events. Enclosed events are required to adhere to an occupancy number, as well as comply with the requirements determined by the City's Fire Department. once site plan is approved. A walk-through to verify that the actual setup meets with the approved plan will be conducted prior to the event opening. Event promoters are responsible for adhering to the determined occupancy number and any violation of the occupancy number can result in penalties and /or fines. Ill. Fireworks Permit-All events, public or private, featuring a fireworks display or pyrotechnics must obtain a fireworks permit from the City's Fire Department. A written request for the permit must be submitted to the Fire Department at least 30 days prior to the event and approved no later than 11 days prior to the event Following approval of the permit, the Fire Prevention Bureau will make a site inspection. A minimum of two (2) fire fighters will be required to be on-site from the time the fireworks are delivered at the site, until termination of the display and the removal of all fireworks and debris from the site. Payment for required fire personnel will be the sole responsibility the applicant and must be made two (2) weeks prior to the event The firm or individual responsible for setting up and setting off the fireworks must obtain a Comprehensive General Liability or Fireworks Display Liability Insurance policy (see Insurance Special Events Requirements and Guidelines 26 474 Section for language and rating requirements). IV. Open Pit And Bonfire Permit -Separate permits are required for open pit and bonfires. Applications for a permit may be obtained from the Fire Department, and must be approved and paid to the City at least two (2) weeks prior to the event. These activities will require hiring off~duty fire '"'"",.."''"'" D. Miami Beach Convention Center On occasion, events, meetings and/or conventions taking place at the Miami Beach Convention Center (MBCC) may desire extending their production onto Convention Center Drive, between Dade Boulevard and 17 Street, and into the City's Preferred Parking Lot. In such event, the City considers this use an extension of the MBCC premises. As such, all City requirements including, but not limited to insurance, indemnity agreement, site plan, security plan, and sanitation plan will be incorporated into the respective event's agreement with the MBCC and will be coordinated by the MBCC. The MBCC will complete a special event questionnaire (please refer to attached Appendix C) and provide the Department of Tourism and Cultural Development a copy of required documentation pertaining to the event for the department file. If street closures are requested, the Department of Tourism and Cultural Development will assist in coordinating this request, as well as all other items as may be required. E. Ocean Rescue Depending upon the location and type of event, estimated attendance, and hours of operation, off-duty lifeguards may be required. The Captain of the City's Ocean Rescue will determine the minimum number of lifeguards. f. Parking Department Overall Parking Plan -A comprehensive Parking Plan which identifies where parking is to be provided for event staff, equipment vehicles, and event participants, as well as the location and amount of accessible parking spaces must be developed, in writing, and approved by the City's Parking Director or his designee. Public parking resources may be supplemented with privately owned parking areas to accomplish this plan. All fees incurred through use of Parking Department resources, which may including meter rentals, off~duty enforcement officers or rental lots, must be pre-paid in full no later than two (2) weeks prior to the event. • Valet ramping spaces are to be used exclusively for ramping and valet related operations. All other activities are explicitly prohibited. • Parking meters shall not be used for advertising or marketing related activities, unless associated with a special event as defined herein. G. Parks and Recreation Department I. Facilities and Personnel ~ Many City of Miami Beach recreation facilities, amphitheaters, and parks are available for rent during non programmed hours for special events, and have specific fees, based upon hours of usage, including setup and breakdown times. Request for usage must be at least one prior to the event. Rental payments for such facilities must be made two weeks prior to the event Proof of payment must be submitted to the Special Events Office. Applicable user criteria will be available for park venues through the Parks & Recreation Department Depending upon the venue, nature and scope of the event, the hiring of City of Miami Beach Parks and Recreation personnel may be required. A City facility (e.g., a building) used for a special event Special Events Requirements and Guidelines 27 475 must be staffed by a City employee. Depending on usage, additional facility staff, janitorial service and electrical staff charges may be applicable. Payment for the staffing is the sole responsibility of the applicant, and must be received no later than two (2) weeks in advance of the event IL Park User Fees Park User Fees -A special event impact fee will be imposed for all events taking place at a City Park including, but not limited to, Lummus Park, South Pointe Park, Collins Park, Flamingo Park, ===== and North Shore Open Space Park. Lummus Park includes the area east of Ocean Drive, the park itself, and the beachfront east of the park from 5-15 Streets. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event. These funds will be used exclusively for enhancements to those parks utilized by said events. lincoln Road User Fee For events taking place on Lincoln Road~~mUncoln =~~~~'·'·'·'····=:""m'=·····'··'···''··'m'·'m,_:;;:,.::c,~==:=='-='-==· a special event impact fee will be imposed. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event. These funds will be used to enhance lincoln Road. H. Police Department I. Security Plan and Services -Depending upon the type of special event and estimated attendance, security personnel, such as off-duty police personnel and private security personnel, may be required. The Security Plan shall be prepared by the event producer in consultation with the Office of Special Events and the City of Miami Beach Police Department's Off-duty Office. The plan shall specify the number of off-duty officers or private security guards, if applicable, hired by or expected to be hired by the applicant At the option of the applicant, the entire security personnel may be comprised of off-duty police personnel. Cost of off-duty police personnel is dependent on the number and rank required. As a general rule, if four or more officers are required, one must be a supervisor (sergeant or above). Larger contingents of officers may require additional police supervisors. Payment for off-duty police services, based on the estimate, is required to be paid in full no less than two (2) weeks in advance of the event. Payment adjustments for off-duty police services, based on a final invoice, is required to be paid in full no more than two (2) weeks after the event. The Chief of Police or his designee make the final determination of minimum levels of police security. Any private security personnel contracted for by the applicant must licensed by the State of Florida. to be hired, a list of names and license information must be provided to the City's Police Department no less than two (2) weeks in advance of the event. The City's Police Department may require additional security or off-duty police personnel for crowd control, traffic control and general security during the event. The minimum number of police personnel is dictated by the Off-duty Police Coordinator and is dependent upon the type of event, date of event, time of event, location of event, the site plan for the event, the type of entertainment during the event, whether alcohol is consumed at the event, and the estimated attendance at the Special Events Requirements and Guidelines 28 476 event • Overnight & Backstage Security--Applicants may contract, at their own expense, for off-duty police services or with private security guards for overnight and backstage security concerns. On- stage security be handled by private security at the applicant's expense. • Marine Patrol-All water-based special events, or those activities likely to attract crowds to or near the water, must provide prior written notice to the Miami Beach Police Marine Patrol and Beach Patrol. Certain events may require grior written authorization from the United States Coast Guard and may also require off-duty services and equipment from the City's Marine Patrol, Florida Marine Patrol, or United States Coast Guard, at the expense of the applicant. In such cases, written authorization is required no later than thirty (30) days prior to the event • Police Escorls for Enterlainment-If so requested, the City may supply police motorcycles or car escorts for entertainers. This service must be arranged in advance of the event and must be listed in the proposal for the event The cost for this service is determined by the City's Police Department and will be at the applicant's expense. II. Street Closures ~ Certain streets within the City of Miami Beach may be temporarily closed to limit or exclude vehicular and/or pedestrian traffic prior to, during, and after any special event Depending upon the location, additional approval may be required from Miami-Dade County or the State Florida. The City Manger, in his/ her discretion, may also require applicants to provide "sign-offs" showing approval from a majority of landlords and/or residents (or their group representatives) whose direct vehicular access to buildings will be affected by the proposed closure. Regardless of the jurisdiction, the Chief of Police and the City's Public Works Director must first approve street closures with final approval retained by the City Manager. Requests for street closures must be made at least forty-five (45) days prior to the event In closing a State street (i.e., 5 Street, Collins Avenue, 41 Street, Alton Road, 71 Street, and Harding Avenue) prior approval is required by the Chief of Police, City's Public Works Director, and City Manager. The application must be processed at least 30 days prior to the event. The applicant must then forward the completed application to the Florida Department of Transportation (FOOT) to receive permit. FOOT must receive application at least 30 days prior to the event. In order to close a County street (i.e., Venetian Causeway/17th Street) the application will be forwarded to the Miami-Dade County Public Works Department by the City's Police and must be received at least 30 days prior to the event in order to send to the County for processin9.. Ill. Barricades & Electronic Signs -Barricades and electronic directional signs may be required, depending upon the location and/or site plan of the event, to cordon off the surrounding areas or to close streets to vehicular traffic. The City's Police Department, along with the Parking Department, will determine the number and location of barricades. The rental cost of barricades and electronic directional signs will be incurred directly by the event producer. Payment is the sole responsibility of the applicant, as is actual set-up and removal of barricades on the event date(s). IV. Parade Requirements -The City Code defines "Parade" as any march or procession consisting of persons, animals, vehicles or any combination thereof, traveling upon any public way, within the territorial jurisdiction of the City. All parades must abide by Section 1 06~346 of the City Code. Pursuant to this Code Section, a separate permit to hold a parade must be obtained from the Chief of Police. The permit application must be filed not less than 15 days nor more than 90 days prior to the day on which it is proposed to be held, and simultaneously copied to the Special Events Office. The Chief of Police may revoke a parade permit at any time he determines the parade is to be conducted or is being conducted in violation of the terms of issuance. Any applicant aggrieved by Special Events Requirements and Guidelines 29 477 the Chiefs decision may appeal it to the City Manager. V. Demonstrations, Pickets and Free Speech Activities ~ The First Amendment of the United States Constitution affords demonstrators the constitutional right to assemble and speak in a peaceful and orderly manner. Therefore, the City shall not require or issue permits for such activity. Demonstrations and pickets consist of activities which are generally performed in public in support of or against a person or cause and which may have the potential for impeding movement along a public right-of-way or other disruption. Organizers of such events are asked to submit a questionnaire, site plan, and to notify the City of Miami Beach Police Department Patrol Division Commander of their intentions, and to provide details of the planned activity in order to the health safety and welfare for all concerned. If requested by the Special Events Office, a copy of an approved Police plan should be provided. There may be instances where the nature of the demonstration and/or the number of participants (including counter-demonstrators) will require restrictions in order to protect the health, safety and welfare of every citizen by means of providing crowd control, traffic control and general security to the public. Such restrictions wm be communicated to the individual or group prior to the activity. The Special Event Permit Requirements do not apply to such activities. Demonstrations, Pickets and Rallies must abide by Section 1 06-346 of the City Code. I. Property Management Based on the electrical, engineering and/or plumbing impact of a special event on City property, the applicant may be required to hire City electricians, engineers or plumbers. J. Public Works Department Environmental Resource Management These items listed below are to intended help preserve the health and welfare of the City of Miami Beach's coastal areas. Vehicles • Vehicles allowed to access and remain parked on the beach during an event MUST display a temporary parking placard • All vehicle access to the beach is restricted. Access points MUST be identified by City staff for each event. ,. All vehicles shall require a police or beach patrol escort when crossing on to the hard pack (beach) and at all times east of the Erosion Control Line. • All vehicles should utilize lights and flashers when traveling on the beach Parking • Any vehicle parked on the beach shall be prevented from distributing fluids on the ground (sand) by the placement of an absorbent pad under the engine compartment -these pads shall be properly disposed off once the vehicle vacates the beach • All vehicles parked on the beach shall have cones placed at the front and rear of the vehicle Fuel • The storage of any petroleum product or chemical shall be prohibited unless prior approval has been issued by the City -storage of such material shall be in accordance with life safety and environmental regulations -storage shall be in appropriate spill proof containers for type of chemical, shall be stored a significant distance away from any population, storage area shall contain signage identifying the storage site and indicating which type of chemicals are being stored -required dean up of any chemicals will be at the expense of the applicant • The fueling of vehicles on the beach (event site) shall be strictly prohibited unless given a special fueling permit where the applicant must act according to approved standards -fuel must be stored in Special Events Requirements and Guidelines 30 478 spill proof containers etc. Such a permit is only approved by the City's Environmental Division. Temporary Construction • A site inspection, by the City, shall be required prior to and after an event to ensure that the event site and surrounding area has been restored to a clean and acceptable condition • When possible, tents shall be secured with water barrels in place of ground stakes -where ground stakes are used, the holes shall be filled, compacted and area raked or graded to restore to natural conditions • Any structures requiring permits from the City's Building Department or Public Works Department shall be required to be reviewed by the City or County Division of Environmental Resource Management (DERM) for potential environmental impacts Live Animals • The incorporation of animals in any special event shall require adequate ground cover under cages - material shall be absorbent in nature and not permit the transfer of fluids to the ground. Dune System • Absolutely no activity is permitted within protected dune area -a minimum of a 20' setback west of the west end of the dune and 20' east of the east dune line shall be required. 111 Pedestrian traffic to special events shall only use demarcated pathways and dune crossovers for ingress and egress to event site. e Directional signage must be provided when public access at a dune crossover is blocked. Beach Impacts (other) "' Special Events occurring during hurricane season shall have an emergency evacuation plan that will go into effect within eight (8) hours of a hurricane warning and be completed within twenty-four (24) hours -all equipment, material, staff, staging, vehicles and associated appurtenances shall be removed from event site within the allotted time Right~ofMWay Permit--A Right-of-Way Permit must be obtained when there is anchoring to or excavation of any right-of-way or City property. The method of anchoring or location of any excavation may be denied or altered by the City based on potential hazards to existing utilities. The cost for such permit will be pursuant to City ordinances (concerning work on the right-of-ways) and may include a cash bond based on estimated potential damage to City property. Proof of financial ability to cover estimated damages must be submitted to the Special Events Office. For events occurring on City streets or sidewalks, an inspector from the Public Works Department will inspect the area in question prior to the event for any hazards, potholes or damaged fixtures. Any problems will be repaired or noted. A visual inspection will take place following the event to identify any damage to City property caused by the event. Any identified damages in the City right-of-way, on termination of the permit, will have to be repaired by the event producer within a time specified by Public Works. If the producer fails to complete these repairs in a timely manner or wishes the City to complete such restoration work, then costs incurred by the City, including reasonable overhead expenses, will be deducted from the Security Deposit and the event producer will be charged for any, such costs not covered by the deposit (as per Section A Step 1). K. Sanitation Department Applicants shall be solely responsible for cleaning the area during and after the event Should the applicant choose, the City will provide personnel for this function. The cost of the clean-up will be calculated by the City, and will include dumping fees and equipment rental. Should an alternate cleaning service be contracted, the applicant shall be responsible for obtaining all necessary dumpsters. All arrangements and removal of garbage, trash, and other debris are the sole responsibility of the applicant. A City permit authorizing placement of dumpsters must be obtained through the City's Sanitation Department and submitted to the Special Events Office no less than two (2) weeks prior to the event. Applicants are required to meet sanitation standards to assure an adequate number of litter containers are on-site, and must encourage guests to comply with the City of Miami Beach's anti-litter efforts. Glass Special Events Requirements and Guidelines 31 479 containers and plastic straws are prohibited. Recycling efforts are encouraged. Applicants shall ensure that the event site is returned to its original condition within twenty-four hours. Failure to clean up after the event will result in a fine (as per Section Ill herein) issued to the event producer, as well as additional charges for City services. Applicants seeking use of public restroom facilities outside of standard operating hours may also be required to hire attendants to facilitate public restroom maintenance and supplies during the event These services may be contracted through the Public Works Department Proof of payment must be submitted to the Special Events Office at least two (2) weeks prior to the event V. OTHER AGENCIES A. The Miami Beach Visitors and Convention Authority (VCA) and Cultural Arts Council (CAC) The City of Miami Beach does not directly fund special and cultural events. The VCA and CAC utilize City funds for the purpose of special and cultural event funding. Approval of an application for funding by either the VCA and/or the CAC shall not constitute either expressed or implied approval of a special event permit by the City of Miami Beach. Should the VCA or CAC fund an event, the appropriate logo shall be incorporated in all event print advertising or promotional materials, as per the funding terms and conditions of the VCA and I or the CAC. B. Miami~Dade County • Permit for Temporary Food Sales -The Miami-Dade County Department of Business and Professional Regulations, Division of Hotels & Restaurants, sets forth rules and regulations for safe operation of temporary food service establishments. To obtain the necessary permits, sponsors or applicants must notify the Department of Business and Professional Regulations no later than three (3) business days prior to the event. A license fee a 1-3 day event is $40.00 per vendor. • Beach Cleaning -Applicants desiring use of the public beach must arrange for the cleaning of the beach, prior to, as well as after, the event, as necessary. Beach cleaning may be arranged with the Miami-Dade County Parks Department or a private sanitation company approved by the Miami- Dade County Parks Department Proof that clean-up arrangements have been made must be submitted in writing to the Special Events Office at least two (2) weeks prior to the event. C. State of Florida • Department of Environmental Protection, Division of Beaches and Shores --If an event is to be held on the beach, a State Field Permit is also necessary for temporary non~portable structures on the beach, east of the Coastal Construction Control Line. This would include, but not be limited to, the following types of temporary structures: stages, fences, tents, lighting and sound systems. A detailed site plan and written narrative description of all installations must be submitted to the Special Events Office no later than 60 days prior to the event As conditions of the State Field Permit, the State also calls for the protection of marine turtles during the marine turtle nesting season, beginning May 1, and ending October 31, in Miami-Dade County, Conditions relevant to areas east of the Coastal Construction Control Line (CCCL) include: structures to be constructed and left overnight, including temporary fencing, shall have 3 feet of vertical clearance and shall be located as far landward as possible; no lighting associated with the event is authorized after 9:00 pm without approval from the State of Florida; and permit holders may be required to hire turtle monitors from sundown to sunrise. Other conditions, as prescribed by the State may apply. Events requiring exemptions from any of the above marine turtle nesting conditions will need to provide the City with written approval from the State of Florida Wildlife Commission. Special Events Requirements and Guidelines 32 480 Florida Statutes, Chapter 161, calls for the protection of beach dune systems and impose fines for damage caused to the natural dune systems along the Beach. It is the responsibility of the applicant to provide adequate security measures to ensure protection of the dune area from damage that may be caused by an event. • Division of State Lands--Depending on the type and nature of the event(s), the Division of State Lands has the right to negotiate a separate use agreement with the special event producer and will charge for the use of the land. This fee may include a contribution to the State Lands Trust Fund, as well as a use fee, and would require State of Florida Cabinet approval. If applicable, proof of the Division of State Lands approval shall be submitted to Department of Tourism and Cultural Development before a permit is issued. • Florida Marine Patrol-Any type of water activity held within the City of Miami Beach must give notice to the Florida Marine Patrol. Notice must be in the form of a letter, with a copy to the City provided no less than two (2) prior to the event. • Division of Alcoholic Beverages and Tobacco --If the event is being produced by a not-for- profit organization which desires to sell or serve alcohol, the organization must apply for a temporary liquor license from the State of Florida, Division of Alcoholic Beverages and Tobacco under Florida Statute 561.42. In order to obtain the license from the State, a letter of authorization must be obtained from the City. Prior to the issuance of this letter the following must be submitted: Certificates of all applicable insurance including, general liability and liquor liability. A completed Indemnity Agreement. A signed letter on letterhead from the non-profit organization agreeing to have the temporary liquor license in the organization's name. e Florida Department of Transportation Ughtpost Banners --Banners proposed to be placed on State Road lightposts require an additional permit from the Florida Department of Transportation, following Design Review approval from the City's Planning and Zoning Department and approval from the Miami Beach City Commission. Depending upon the scope and nature of the event, additional State permits may be required. D. Federal Government • Federal Aviation Administration-Any type of unusual air activity above the City of Miami Beach planned in conjunction with a special event, which has the potential to disrupt commercial air traffic, must be approved by the Federal Aviation Administration (FAA). Approval will be requested through the City's Department of Tourism and Cultural Development on the applicant's behalf. '* Coast Guard-Any individual or organization planning to hold a regatta or marine parade which, by nature, circumstances or location, will introduce extra or unusual hazards to the safety of lives on the navigable waters under the jurisdiction of the U.S. Coast Guard, shall submit an application to the Coast Guard District Commander having jurisdiction of the area where it is intended to hold such regatta or marine parade. Examples of conditions which are deemed to introduce extra or unusual hazards to the safety of life include, but are not limited to; an inherently hazardous competition; possible effect on the customary presence of commercial or pleasure craft in the area; any obstruction of navigable channel which may reasonably be expected to result; and the expected accumulation of spectator crafts. Where such events are to be held regularly or repeatedly in a single area by an individual or Spacial Events Requirements and Guidelines 33 481 ' organization the District Commander may, subject to conditions set from time to time by him/her, grant a permit for such series of events for a fixed period of time, not to exceed one (1) year. The application shall be submitted to the Coast Guard no less than 30 days prior to the event The application shall include the following details: 1) Name and address of sponsoring organization. 2) Name, address, and telephone of person or persons in charge of the event. 3) Nature and purpose of the event. 4) Information as to general public interest 5) Estimated number and types of watercraft participating in the event. 6) Estimated number and types of spectator watercraft. 7) Number of boats being furnished by sponsoring organizations to patrol event 8) A time schedule and description of events. 9) A section of a chart or scale drawing showing the boundaries of the event, various water courses or areas to be utilized by participants, officials, and spectator craft. VI. SPECIAL EVENTS FEE SCHEDULE overage attendees per day 0 to 1499 attendees 1500 tif'l\±~'Y1i? . .J[Qm;('J.VV attendees 111111.1111111111111111111 llllliiiiii!W 1111111111 1111111111111 Application Fee $250.00 $250.00 Permit Fee $250.00 $500.00 Security Deposit $2,500.00 $5,000.00 Security Deposit: $2,500/$5,000l$JQA)QQL$2(M)00± ·A refundable security deposit will be required no later than days in advance of the event. Based on the scope and location of the event, a pre-and post-event site inspection may be conducted by the applicant and appropriate City personnel to determine existing conditions and evaluate potential damages, If any. Security deposits will be refunded approximately in weeks after event if ore followed; public property is left in as gaod condition or better and without damage and all City invoices paid. Failure to comply with conditions imposed may result in forfeiture of the entire or rt of de osit. Special Events Requirements and Guidelines 34 482 Per Wedding/ Ceremony use : $150.00 per pass/per vehide/per event. Square footag~ f~~= $.25 per square foot+ 7% Soles Tax (N/A with a Concession Agreement). AND/OR Com:~uions Agrem~nt; o Beach Events: 1 of food, beverage, ticket sales and merchandise. o Non-Beach Events: l 0% food, beverage, ticket sales and merchandise. Tax~s: You ore required to pay a 7% State sales tax and a 2% Resort Tax (on food and beverage only). Please remit the 2% Resort Tax on a check. Lummus Us~r fe~: 25% of the total City Services not including administrative fees. lincoln Road Us~r fee: 25% the total City Services not including administrative fees. light Pol~ lann~rs Banners announcing special events either to be held in city or to be associated in some manner with the city, as determined the commission, may be erected up to 30 days prior to the event being announced and must be removed within seven (7} days after such event. Special event banners shall require prior approval by the city commission. Fees: • $50.00 per pole For-Profit/ $25.00 per pole Non-Profit $50.00 administrative fee-ication Building D~partm~nt P~rmit ~s: Please contact Building Deportment for fee schedule please call ..,;v •• rv' 1 7 61 0 or visit Y£:6~1Illidllli~Q£fll:W#QY. o Tent Permit; Fence Permit; Stage Permit; Electrical Permit; Bleachers Permit; Restroom !Port-a-lets) Pluming Permit; Pool cover Permit; Temporary Occupant Fire at 786-412-107 6. Parking M~t~r R~ntals: $10.00 per space or meter/per day+ plus administrative fees. Please contact the Parking Department at 305-673-7505 for more information. *** Application fees ore not refundable; permit fees and security deposits are reimbursed if the event/activity is cancelled, denied, or postponed and given that public property is left in good condition and without damage and City invoices paid. Failure to comply with restrictions imposed automatically forfeits security deposit. ***Additional charges may Special Events Requirements and Guidelines 35 483 Special Events Requirements and Guidelines 36 484 THIS PAGE INTENTIONALLY LEFT BLANK 485 OFFICE OF THE CITY ATTORNEY JOSE TO: FROM: DATE: SUBJECT: CTY ATTORNEY MAYOR MATTI HERRERA BOWER, MEMBERS OF THE CITY COMMISSION KATHIE BROOKS, INTERIM Cl GER JOSE SMITH //~.//. ,,..J, CITY ATTOR~~·d/./ October 24, 201~···· A RESOLUTION ESTABLISHING PROCEDURES FOR CALLING SPECIAL MEETINGS OF THE CITY COMMISSION BY A MAJORITY OF THE MEMBERS OF THE CITY COMMISSION PURSUANT TO SECTION 2.04 OF THE MAMI BEACH CHARTER In the Special Election held on August 1 2012, a ballot question was approved by the electorate of the City of Miami Beach which amended Section 2.04 of City of Miami Beach Charter to provide for an additional method of calling a special meeting of the City Commission by a majority of the members the City Commission. The Charter amendment also provides that special meetings may be called upon written notice to the City Clerk and in accordance with the procedure set forth in a resolution of the City Commission. The attached Resolution sets forth procedures for the calling of a special meeting of the City Commission by a majority of the members of the Commission and is submitted for consideration by the Mayor and City Commission. 486 Agenda Item B 7 H Date Jo~JV-1 & RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING, PURSUANT TO CITY CHARTER SECTION 2.04, PROCEDURES FOR CALLING SPECIAL MEETINGS OF THE CITY COMMISSION BY A MAJORITY OF THE MEMBERS OF THE CITY COMMISSION. WHEREAS, 2.04 of the Miami Beach provides City Manager may call special meetings of Commission upon at least twenty-four written notice to member, served personally, or left at his [/her] place WHEREAS, in a Special Election held on August 14, 2, electorate of the City Miami Beach, which provides calling a special meeting of the Commission a majority of the Commission: Shall Section the Miami Beach be amended to provide that, in addition to being by the Mayor or City Manager, special meetings of the City Commission may be called by a majority of the members of the Commission upon written notice to City Clerk and in accordance with the procedures set forth in a resolution of the City Commission; and WHEREAS, pursuant to City of Miami Beach No. 2012-28004, was passed and adopted by Beach City Commission on September 12, Miami Commission adopted the Miami-Dade County Canvassing Board's Certification Official Results of the August 14, 2012 Election for the above-stated City of Beach ballot question and declared the results thereof; and WHEREAS, Section 2.04 of the Miami Beach Charter has now been amended to the language: ... In addition, special meetings of the City Commission may be called by a majority of members of the Commission upon written notice the City Clerk and in accordance with the procedures set forth in a the City Commission"; and WHEREAS, following procedures for calling a special meeting by a of the members of Miami Beach City Commission are hereby adopted in accordance with the above-stated Charter Amendment approved by the electorate in the August 1 2012 Miami Beach Special Election: 487 Procedures for the Calling of Special Meetings of the City Commission by a Majority of the Members of the Commission. Pursuant to Section 2.04 of the City Charter A special the City Commission may be called by a members of the Commission. A special meeting shall be called whenever or more members of the City Commission individually serve a written signed request for a meeting upon the City Clerk by hand-delivery. The written request shall state purpose(s) of the Special Meeting. The signature of the Mayor or a Commissioner on such request shall constitute a representation that the member of the City Commission intends to attend the Special Meeting. Upon receipt of the initial signed written request for a Special Meeting a member of City Commission, the City Clerk immediately send notice to the entire City Commission, as well as to the City Manager and the City Attorney. After receipt of a total of four or more written requests for a special meeting, City Clerk shall schedule the Special Meeting and shall serve and written notice (by hand-delivery or each of City Commission, the City Manager and the City Attorney, stating the date, hour, and place of the Special Meeting, and the purpose(s) for which Special Meeting is called. The City Clerk shall further provide the public with Notice of the Meeting by publishing of the Special Meeting Notice on City of Miami Beach's website, and shall also provide newspaper publication of the Special Meeting when are at least seven business days from Clerk's scheduling of the Special Meeting to the date of the Special Meeting. At least 24 hours must elapse between the time the City Clerk receives four signed written requests for the Special Meeting and the time Special Meeting is to be held. The City Commission chambers shall be made available for a special meeting whenever such a meeting is called. No business other than the purpose(s) stated in the Clerk's Notice of Special Meeting shall be transacted at the Special Meeting. If after reasonable diligence, it is impossible to give notice to each Commissioner, such failure shall not affect the legality of the Special Meeting if a quorum is present The minutes of each special meeting shall show manner and method by which notice of such special meeting was given to each member of the Commission. A special meeting of the City Commission called pursuant to this Resolution may be cancelled as follows: (1) By motion adopted at a regular Commission meeting by a majority of the City Commission members present; or (2) By service upon the Clerk of signed, written requests for cancellation of the special meeting from at least four members the City Commission. When a special meeting pursuant to this Resolution is cancelled, the City Clerk shall provide notice of said cancellation to each member of the City Commission, the City Manager, City Attorney, and shall further provide the public with cancellation notice of the Special Meeting. 488 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City the for the calling of special meetings by a majority of the members of Commission as set forth herein. PASSED AND ADOPTED this_ day of October, 2012. ATTEST: Rafael Granado Clerk Matti Herrera Bower Mayor 489 Condensed Title: Issue: COMMISSION ITEM SUMMARY ic Plan update, only 44% of residents and 45% of businesses rated storm or ood. I Shall the Mayor and the City Commission approve the Resolution? The City of Miami Beach is one of 16 municipalities that entered into an lnterlocal Agreement with Miami-Dade County in 1993, authorizing Miami-Dade County to be the lead permittee in submitting a National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Application. One condition of the lnterlocal Agreement requires Miami Beach to develop a Stormwater Management Master Plan (SWMMP) that is consistent with Miami-Dade County's Master Plan. ln 1997, the City prepared a SWMMP that determined stormwater infrastructure needs based on water quality, flooding potential, City staff rankings, and complaints. The 1997 SWMMP has proven to be out-of-date as a result of changes in land use, modifications to the contributing watersheds as a result of re-grading and new construction, and sea level rise. The new SWMMP project has created a comprehensive, citywide model, using more powerful software than was available in 1997 that evaluates the existing system using survey data and Light Detection and Ranging (UDAR) technology, simulates inter-basin flows, and identifies those basins that are experiencing a reduced level of service. Improvements are identified in a schematic fashion that provides one cohesive design for the City. The SWMMP also reviewed climate change and estimates of projected sea level rise. The consultant made use of a variety of published resources and analyzed historic sea level data. In particular, the consultant used data from the National Oceanic and Atmospheric Administration to determine the existing mean high water (MHW) and projections from the Army of Engineers (ACOE) to estimate historicaL intermediate, and high rates of sea level rise. The SWMMP uses the ACOE intermediate projection for sea level rise over the next 20 years. As a result, for all new projects, a sea level elevation of 0.67 feet NAVD88 (based upon the ACOE intermediate projection of sea level rise) is being used for stormwater design purposes and an elevation of 3.2 feet NAVD88 is being used as a minimum for seawall elevations. The previous design criterion required by the City was 0.04 feet NAVD88 for sea level elevation. There was no minimum seawall elevation. (Note NAVD88 is a vertical control datum established to define elevations). At the August 22, 2012 Finance and Citywide Projects Committee meetings, staff presented the SWMMP. The Committee approved the plan with the recommendation to use a 20-year planning horizon. H 490 Account AGE NIDA n EM --'-'--'-~- DATE ...._.Ay__,.:w.;._....._~. = -Ml MIBE H City of Miami Beach, 1700 Convenlion Center Drive, Miomi florido 33139, COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: October 24, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE 2011 CITYWIDE STORMWATER MASTER PLAN. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the resolution. BACKGROUND The of Miami Beach is one of 16 municipalities that entered into an lnterlocal Agreement with Miami-Dade County in 1993, authorizing Miami-Dade County to be the lead permittee in submitting a National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Application. are now 33 municipalities that are party to the lnterlocal Agreement) One condition of the lnterlocal Agreement requires Miami Beach to develop a Stormwater Management Master Plan (SWMMP) that is consistent with Miami-Dade County's Master Plan. In 1997, the City prepared a SWMMP that prioritized drainage basins, recommended a five-year Capital Improvements Program, and provided hydrologic and water quality calculations for the priority basins. The 1997 SWMMP determined stormwater infrastructure needs based on water quality, flooding potential, City staff rankings, and complaints. The basins ranked the highest were made priority basins and received funding for stormwater improvements. Non-priority basins received no funding. The 1997 SWMMP has proven to be out-of-date as a result of changes in land use, modifications to the contributing watersheds as a result re-grading and new construction, and sea level rise. Further, it did not provide a citywide model that could provide the data needed to plan comprehensive Citywide stormwater infrastructure improvements. At its June 9, 2010 meeting, the City Commission, Resolution No. 2010-27422, authorized Camp Dresser & McKee (now COM Smith) to prepare a new SWMMP. The draft is now complete (Attachment A is the Executive Summary Plan). ANALYSIS The new SWMMP project has created a comprehensive, citywide model, using more powerful software than was available in 1997 that evaluates the existing system using survey data and Light Detection and Ranging (LIDAR) technology, simulates inter-basin flows, and identifies 491 Citywide Stormwater Management Master Plan October 24, 2012 Page 2 of J those basins that are experiencing a reduced level of service. Improvements are identified in a schematic fashion that provides one cohesive design for the City. The SWMMP also reviewed climate change and estimates of projected sea level rise. The consultant made use of a variety of published resources and analyzed historic sea data. In particular, the consultant used data from the National Oceanic and Atmospheric Administration to determine the existing mean high water (MHW) and projections from the Army Corps of Engineers (ACOE) to estimate historical, intermediate, and high rates of sea level rise. The consultant is basing its design recommendations on the ACOE intermediate projection for sea level rise over the next 20 years. The ACOE modified the equations for its curves in 2011. As a result, for all new projects, a sea level elevation of 0.67 feet NAVD88 (based upon the ACOE intermediate projection and an estimated sea level elevation of 0.29 feet NAVD88 as of 2009) is being used for stormwater design purposes and an elevation of feet NAVD88 (a vertical control datum established in 1991 used to define elevations) is being used as a minimum for seawall elevations. The previous design criterion required by the City was 0.04 feet NAVD88 for sea level elevation. There was no minimum seawall elevation. The model has also been used to provide concurrency reviews of recently bid neighborhood improvement projects. These reviews have prompted changes to the stormwater designs of the neighborhoods due to inter-basin flows. As a result, the neighborhood improvements will be more effective in providing the required LOS and more flexible to account for the uncertainty relative to the rate of sea level rise. The neighborhoods reviewed to date are: • Biscayne Point • Central Bayshore • Lower North Bay Road • Lake Pancoast • Sunset Islands I & II In addition, the new criteria are being used in the preparation of the following projects: • Star Island @ Palm and Hibiscus Islands @ Sunset Islands Ill & IV @ Sunset Harbour @ Flamingo 6th Street Ill 16th Street ® La Gorce Further, the SWMMP has developed order of magnitude cost estimates for the improvements required that total approximately $200 in needed infrastructure improvements. These improvements will need to be made over an estimated span of 20 years, contingent upon the rate of sea level rise. It is important to note that the difference in cost an earlier design estimate using a sea level elevation of 0.5 feet NAVD88 had a minimal cost difference to the n'"'""'"'"' sea level elevation of 0.67 feet NAVD88. At the June 28, 2012 Finance and Citywide Projects Committee, there was a technical discussion on existing MHW and the rate of sea level rise. As a result, the Committee directed staff to have a public discussion on sea level rise and to return with the results. 492 Citywide Stormwater Management Master Plan October 24, 2012 Page 3of3 This SWMMP Sea Level Rise Discussion was held on Friday, August 1 2012. The presentation (Attachment B) began with a discussion contrasting the City's previous SWMMP to the new SWMMP. presentation focused on sea level rise the reports data available to estimate MHW and the rate of sea level rise. Following consultant discussed how sea level rise was incorporated into the draft SWMMP and into the recommended capital mnn·\\,IOIY\Ont"' It was stressed that there is a large degree of uncertainty the rate sea As a the City has developed a flexible capital improvement plan that can accommodate various rates of sea level rise. The capital improvements will rely on backflow preventers at the outfalls, more pump stations, raised seawalls, and stormwater storage. The City need to monitor rate of sea level and adjust the plan accordingly. As sea level rises, stormwater system will rely more upon pumps, as the existing pumps age, they be replaced with larger pumps. The presentation was generally positive with acknowledgement that the City is in the forefront of developing a capital program to address sea level rise projections. There were also some concerns expressed about the SWMMP. It was questioned why the consultant developed a master plan with a 20-year horizon instead a 30-year or 50-year horizon. It was explained that the life cycle of a pump is approximately years. After 20 years, a pump that reached the end of its life cycle could replaced a larger pump depending on the rate of sea level rise. The consultant calculated the additional cost of the capital improvements for a frame. While it requires larger pumps in locations, the 30-year frame does not change the requirements catch basins, piping, and seawalls and difference in cost was $10 million. There were also about the ability of the City to deal with sea level beyond the 20-year or 50-year horizons. It was stressed that the SWMMP provides flexibility beyond the time horizons discussed. At the August 22, 2012 Finance and Citywide Projects Committee, presented the results the (Attachment C) and an analysis of the costs differences between a 20-year horizon and a 30-year planning horizon. The approved the plan with the recommendation use a 20-year planning horizon. recommends that the Mayor City adopt the resolution. Attachments: A. Stormwater Management Master Plan -Executive Summary B. SWMMP Sea Level Rise Workshop Presentation C. August 2012 Finance and Citywide Projects Committee Presentation KGB/MS/FHB/JJF/RWS T:\AGENDA\2012\1C-24-12\Stormwater Management Master Plan-MEMO,docx 493 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH~ FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND ADOPTING THE 2011 CITYWIDE STORMWATER MANAGEMENT MASTER PLAN. WHEREAS, the City of Miami Beach is one of 16 municipalities that entered into an lnterlocal Agreement with Miami-Dade County in 1993, authorizing the County to be the lead permittee in submitting a National Pollutant Discharge Elimination System Stormwater Permit Application; and WHEREAS, one condition of the lnterlocal Agreement requires the City to develop a Stormwater Management Master Plan (SWMMP) that is consistent with Miami-Dade County's Master Plan; and WHEREAS, in 1997, the City prepared a SWMMP that prioritized drainage basins, recommended a five-year Capital Improvements Program, and provided hydrologic and water quality calculations for the priority basins; and WHEREAS, the 1997 SWMMP needs to be updated as a result of changes in land use, modifications to the contributing watersheds, and sea level rise; and WHEREAS, at its June 9, 2010 meeting, the City Commission, via Resolution No. 2010- 27422, authorized the City's consultant, Camp Dresser & McKee (now CDM Smith), to prepare a new SWMMP; and WHEREAS, the SWMMP accounts for climate change and sea level rise; and WHEREAS, the new SWMMP establishes a comprehensive, Citywide model that simulates inter-basin flows and identifies those basins that are experiencing a reduced level of service; and WHEREAS, a SWMMP Sea Level Rise Discussion {the Discussion) was held on August 17, 2012, and included a discussion contrasting the previous SWMMP to the new proposed SWMMP; and WHEREAS, at the August 2012 Finance and Citywide Projects Committee, following a presentation by City staff on the results of the Discussion, and an analysis of the costs differences between a 20-year planning horizon and a 30-year planning horizon, the Committee recommended approval of the new SWMMP, with the recommendation to use a 20-year planning horizon. 494 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee and adopt the 2011 Citywide Stormwater Management Master Plan. PASSED and ADOPTED this 241h day of October, 2012. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk T:\AGENDA\2012\ 1 0-24-12\Stormwater Management Master Plan-RESO.docx 495 Attachment A Executive Summa .11 u on and c und On June 9, the of Miami Beach (City) authorized COM Smith lnc (COM Smith) to develop a Comprehensive Stormwater Management Master Plan (SWMMP) in order to evaluate and update its stormwater infrastructure, funding, and Miami Beach is one of 16 that entered into an lnterlocal with Miami- Dade Dade 17 additional have also entered an ILA with Miami- to be the lead a National Elimination System Stormwater Permit which was required federal law. One condition of the ILA the City of Miami Beach to MmM•·-·" a SWMMP that is consistent with Miami-Dade Master Plan. This report is the and of the SWMMP. The SWMMP is intended to be a guide for the storm water management system flood for the next 20 years, with considerations of potential sea level over of storm water infrastructure and a 50-year horizon for sea wall to the extent it occurs, will worsen flooding in the raising the tide levels and water table and making it more difficult to stormwater out of the area. The SWMMP provides a schedule of stormwater meet the increasing performance and demands, modernize for both flood control and water and maintain the City-desired flood control level of service (LOS). The City is a highly urbanized coastal located in southeast Florida and is a economic resource to the Bounded by the Atlantic Ocean and the environmentally sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida Water (OFW) the study area covers approximately 4,200 acres. The area has that is intersected intracoastal waterways with limited natural and areas of re- development The climate entails rainfall and tidal influence. These factors all contribute to historical and potential future severe rainfall and tidal 2 p Is and No. 1: Quantify and improve flood control LOS, that is, the degree of f1ood ~~''"'n'"'"' based on a 20-year improvement program; Objective Number 2: of Hooding; © 2012 CDM Smith AU Rights Res<erwd No.3: Facilitate and operation and maintenance 496 ES-1 Objective No.5: Coordinate and facilitate accelerated of No.6: storm water conservation of fresh water; and treatment; review of projects under current and out" and well for No.7: Refine and recommend to the storm water ordinances and assess of the Storm water No.8: Provide recommendations for sea\valls to increases over the next 50 years . . 3M the effects of sea level As part of this SWMMP, surface water modeling was performed the EPA Storm water Model (SWMM) to estimate and evaluate existing flooding LOS and alternative solutions to meet refined LOS Water evaluations were conducted using the CDM Smith \1\latershed Model These tools can be used to support and implementation. Model development came from a multitude of resources. The following is a list of some of the data sources: Actual rainfall data collected from rain gages throughout the Airport ~ South Florida Water Management District (SFWMD) and and at Miami International FDOT) land use Subsurface and geotechnical information obtained from the Natural Resources Conservation Service (NRCS) and under design by other consultants for the CIP Office Mean high tide elevations at Virginia Key collected by the National Ocean Service (NOS) which is a branch of the National Oceanic and Administration (NOAl\) Miami-Dade County and sourced aerial mapping of the Light Detection and data from SFWMD m LiDAR data from Miami-Dade w Models developed other consultants for projects currently under construction or with construction completed for the C!P Office and the Florida (FDOT) m Basis of Reports and design under construction or with construction other consultants fix FDOT and projects for the City's C!P Office ~ Construction record drawings for construction @ 2012 CDI''>'1 Smith A!! Right~ R:ewrv·~cl 497 for the City's CIP Office ES-2 " data collected the CDM Smith team's surveyor, Hadonne Neighborhood surveys by the which are maintained the CDM Smith used the United States Army Corps of (USACE) "-'-<'"'"'''""" Circular 1165-2-212: Sea-Level Consideration for Civil Works direct and indirect effects of projected future sea level change (SLC) across a life for stormwater improvements and a for seawalls. The USACE guidance document presents an approach for for a range of possible future rates of SLC, intermediate and high. the three scenarios to maximize the benefits '""·"'"'"""future SLC. Evaluation of LOS '"''r·tnr·rn,rn which based on the to have a tidal mean high water condition of 0.6 7ft. NAVD. However, calculations have been for the projections (0.84 ft. NAVD) in the instance that SLC accelerates (Figure 1). This SLC included a variety of mean high tide elevation predictions over the next 20 years in combination with SFWMD det1ned storm events. For the next 50 year based on statistical period, a minimum seawall elevation recommendation was established of Federal Emergency (FEMA) tidal the stillwater elevation is the maximum storm induced water surface a combination of the normal astronomic tide and the storm surge. Stillwater elevations do not include the effect of waves. To obtain the 1-year tidal elevation, the stillwater elevations published in the FEMA Flood Insurance (FlS) issued in 2009. The statistical determined the tidal stillwater elevation as 2.2 ft NA VD. CDM Smith a recommendation of a minimum seavvaii of l foot above the 1- year tidal stillwater + 2.2 ft NAVD ;;;;; 3.2 ft Since the stillwater is based on statistical analysis rather than tidal data from the gage, CDM Smith correlated the recommended minimum sea wall height to the mean high water (MHHWJ information used in the evaluation of the stormwater recommendations. The USACE- based was applied to determine where the current MHHW tide conditions relate to the recommended seawall height over the next (Figure The MHHW tide conditions observed in Miami Beach tbe months of and October relate to the annualized MHHW data recorded from the Key gage. The current, Year 2009, annualized MHHW elevation is 1.6 ft NAVD. For ofSLC, CDM Smlth recommends that projections be referenced to the same data source, in this instance, tidal records from Virginia Key. This conditions. The recommended minimum does not events, which may coincide with hurricanes and other natural disasters. © 2012 CDM Smith All Rights Reserved 498 normal tidal extreme tidal ES-3 ~ (Q (Q USACE curves are based on the Circular EC 1155-2-212, on October 1, 2011 and ""'"t<>mh<>r 30, 2013. tlS -4-~ USACE NRC Curve I tt8 -. ® USACE NRC Curve !! "0:-* USACE NRC Curve m .. ,2! .. ~ t:; .. lli IJ] IJ.6 ::iE 03 (l2 .. IJ.1 0 1980 KM':i226 Eid<x:x @ 2012 C:DM Smith A!l Rights Reserved Key Tidal Data 1985 1990 1995 2000 2005 Year 2010 2015 2020 2025 Historic and Mean Water Levels at 2030 ES-4 U'l 0 0 USACE curves are based on the Circular EC published on October 1, 2011 and !.. (lJ .... ~ ~ (\1 3.5 3 2 ::;: 1 0.5 0 2010 #.¢«'¢%>;:# ¢'¢¢¢'#&-""* #'&""' MOO ~~~~~~ ~~~--~~~~~~-~---~----:>----·""' -----4/bt"'""" --:::~~~~:::::~~-~-~-~~~-~~~~~~~-~~~-----·----·------· ___ ------· -----&"$ //4<-,4b,M"' USACE NRC Curve l -·@ USACE NRC Curve l! -•-USACE NRC Curve l!i (High) 2015 2020 2025 2030 2035 2040 2045 2050 2055 2060 Year PrlrliPrtP•fl Mean Water Levels at ESS KJI;tl?.J6f.<idon © 2012 CDM Smfth AH Rights Res€rvcd As a to the CDM Smith utilized the FEMA's Hazards United States (HAZUS) tool designed to estimate hazard~induced losses for use state, regional and local and in for risk emergency response and recovery. By a standard FEMA the City will benefit in the coordination of future activities related to flood proofing, assistance, and management of repetitive loss The which was for South incorporated structure and land use data along with information from the detailed flood model HAZUS model an output that consists of a amount in dollars that is based on the percentage of total value loss a structure incurs during a flood event, Hke the calculated inches of rainfall in 24 The primary purposes of LOS criteria are to and Program are to roads for emergency and evacuation tramc during 5.9 inches of rainfall in 24 hours below the first floors of homes and The LOS criteria were first used to and define potential areas The LOS criteria were then used to evaluate the effectiveness of'""'''"··"' achievement decisions affected the size and cost .5 p e and COM Smith recommendations and proposed modifications to language included in the City's Public Works Manual, City and policy documents. Implementation of these modifications should be coordinated with the various Departments Public CIP. Planning, Attorney, and Performance Office. Recommendations vvere made based on the m Stormwater Models and Future Condition Analysis of tidal conditions for future efforts should utilize tidal conditions as defined the latest version of the SWMMP. This version of the SWMMP recommends a tidal boundary condition of 0.6 7 ft NAVD. It is based on USACE intermediate scenario for SLC based on a current 2009) mean high water elevation at0.29 ft. NAVD and a projected Year 2030 mean high water elevation at 0.6 7 ft. NA VD and Reuse m Sea~ Level Rise Considerations The SWMMP recommends the monitor SLC phenomena and possibly local and regional climate change advisory committees regarding regional recommendations related to SLC. © 2012 CDM Srnh:h All Rights Reserved 501 E5~6 Seawall Height Considerations J n statistical of the stillwater and tides of 1.6 ft NAVD the SWMMP recommends based on the USACE intermediate scenario, the establishment of a minimum seawall of 3.2 ft. NAVD, which provides greater than 50 years of sea wall nrr.tor•!"! elevations. Station O&M Standards and O&M OutfallsjBackflow Preventer Standards and O&M Well Standards and O&M Swa!esO&M Exfiltration Trench O&M 100-Year Storage Storm water Standards ES.6 p e and P was used to the most effective for flood control, water quality, aquifer recharge, and stormwater and use. The tiered approaches were formulated from the simplest tier 1 (e.g., back flow preventers) through the most tier 4 storage), and bundled to determine the economic feasibility of proposed infrastructure Due to the anticipated capital investment and permitting to discharge into Biscayne the tiered will allow the City to nPr'>>'<><h' \Vith specific elements of the BMP treatment train as economic conditions This would allow for future addition of tiers to meet the full LOS while to sea- level rise conditions, ES.7 P ons using the FEMA HAZUS tool showed that the topographic conditions in Miami Beach have signifkant economic losses associated with flood events, for both rainfall-induced and Improvement (ClPl A prioritized stormwater CIP list based on the ongoing projects and areas identified in the SWMMP was developed. In addition, CDM Smith recommendations overall stormvvater management needs to achieve better O&M, and standards for existing and future conditions. © 2012 COM Smith AI! Rights Reserved ES-7 502 Three and of Projects Under Final and CIP SWMMP-Identified Projects. CDM Smith recommends approximately (!ow to 0.67 NAVD the stormwater management level rise adjustment of $10 million to account for the potential!J"'"""'"'"' accelerated sea-level rise to 0.84 ft NAVD mean tidal (high subsequent additional stormwater needs. CDM Smith also reviewed O&M costs associated within these identified capital projects. Table ES-1 shows the timeframes and costs of the orc,oo:sea Table ES-1 City of Miami Beach Stormwater Management Master Plan Capital Costs (in Million $) The CIP was also evaluated both technically and based on a planning horizon. However, the life of the pumping components and CDM Smith's in the of other SWMl'v1P, it was concluded that a 20-year planning cycle was of SLC in shorter time increments. The financial of the Storm water shows that it will finance the construction of recommended C!P projects and to and maintain the the next 20 years. ® 2012 COM Smith AI! Rights Res.ervtd 503 to ES-8 .8 ndus ns The submitted SWMMP comprehensive recommendations for storm water management system n<>rtn.rrr'"''"'"" for the next 20 years. been to potential rainfall related sea-level rise, water quality of of an expanded system. The improvements allow the be flexible and in LOS objectives were defined through the initial means by which the SWMMP addresses them are also noted. and flood control LOS based on a program; SWMMP Solution: A comprehensive to flood control LOS with the economic requirements to meet LOS and water the CJP to $206 million a financial SLC projections over the Number 2: Quantify economic impact of the capital SWMMP Solution: FEMA HAZUS evaluation documents the economic of on the region of the that the of the tourism revenue. The $196 million CIP quantifies the economic to meet LOS. the CIP to $206 million provides a financial SLC ~ Objective Number 3: Facilitate and prioritize O&M; SWMMP Solution: Refinements and of current O&M practices have been evaluated with a projected cost as part of the development of recommendations. These considerations are included in future of the Stonnwater Utility; Number 4: Augment SWMMP solution: The BMP Treatment train tiered solutions "tn,r"c'"' and treatment solutions protect and improve vvater and '-'UCC11U<H \'\later for Number 5: Coordinate and guide review ""'""'T" under current and facilitate accelerated out" projects; SWMMP solution: out have been and concurrency reviews have been performed to guide the development of stormwater solutions under construction that are consistent with the SWMMP; © 2011 CDM Smith .A!! RighB Rf>wrvf'd 504 ES-9 Number 6: Identify stormwater consenration of fresh water; and \vel! for SWMMP solution: Tier 1 through Tier 4 BMP Treatment Train recommendations '""'"'h"'.""' the under the while storage solutions that promote and reuse of treated stormwater; Number 7: Refine and recommend updates to the City's stormvvater ordinances and assess of the Storm water SWMMP Solution: Recommendations to refine ordinances and policies related to SLC are while identifying the revenue Storm water Number 8: Provide recommendations for seawalls to increases over the 50 years; those of the SWMMP Solution: and elevation standards for seawalls have been made with consideration of SLC, based on USACE guidance documents. A recommendation of a minimum seawall height of 3.2 ft NAVD a means to tidal conditions over the next 50 years, based on intermediate SLC ""''""'''" The presented SWMMP addresses the objectives defined at the initiation of the solutions are consistent vvith the statement defined at the project ~th >\!\13225 ES.docx © 2012 CDM Smith A!! Rights ResNved and defensible." 505 ES·10 U'l 0 0) O!d Plan determined needs by_ New P!an determines need$ by· •Data collection -Flooding model analysis +bod c::miml ~l!Jater uuality GOING FORWARD !mplernent Stormwater System Improvements Monitor change in sea level rise: Modify programmed stormwater improvements 8 Tidal Boundary Conditions-Coastal Systems International Introduction Role of Coa~ta! Systems on COM Smith Team Review of Key Terms and Definlt!ons Drainage Outfall Design Criteria Reference Tidal Datums Historical Tidal Data Analysis Sea Level Rise Trends Recnrnmerwatlans to CDM Smith Team U'l 0 ....... T irn is Dhector ot Engineering fw Coastal Systems Subr.cmsultam to CUM Smfth ~Coastal Engineering Tidal Biscayne Bay and Effe1;t on Drainage Tidal Data Analysis DeflnWons included ~n workshop handouts Vislt NOAA web site W"WW.tidesandcurrent~U1t>aa.gov devation at Biscayne NOAA-· National Oceanic and Atmospheric Administratio~1 Cum;·nt T!dal Epoch~·· bB~~ed on data from 1983-2001 I"~<Ld kb.~.,·,J~,-.: Cmll.l!t!<.>t"<~ U'l 0 00 r,,y. rh~: Fl.orida .Ur-p~.:,mtnt of Tr.u<~p·)rt:z~mr\ (r!XYL 20J2) r~quir~ the t:~«" of MHW Cunent Tidal Epoch -based on data torn %.!83¥200 l NON\ Tfde Stations on the Fast Coast of rloJida with water !ave! dt~tn '~"' Trend from observed data is 0.11b !nchesfyear How do the observed averages compare with the MHW daUm? U'l 0 <0 2 (.!··' ~ ~ C' " ~~I Trend frorn observed data is 0:118 inches/year 25-Year Projection Is OA1' NAVD Shoreline Elevations should be Reviewed .<;mm:.-,·!Pr:. ?!VJ7 J\'Ht:h&el t. SchmUt, HL, 6 ,-; ;;: ~ :C.WI<I.;)-""><'.,..,~l>!fi~~<>w 510 ¥ l ~ ~ ' ~ ] E 8 ~ ~ i $ 3 • 3 ~ E :;; ~ .!1 Jj 3 < ] e i J. 0 ~ E ~ I . ., l! ~ & !i i ~ ;;,; H ~ .1! "' 511 «" «' " !rMVI'<<;!m>M~J!!f!~""W 512 U'l ~ w ® ® ® • • • • c • U'l ~ ~ . . 1 ' 1 . U'l ~ U'l • .. .. I U'l ~ 0) THIS PAGE INTENTIONALLY LEFT BLANK 517 OFFICE OF THE CITY ATTORNEY JOSE CITY ATTORNEY TO: MAYOR MATTI HERRERA BOWER, MEMBERS OF THE CITY COMMISSION KATHIE BROOKS, INTERIM CITY AGER FROM: JOSE SMITH CITY ATTORN~ L-" DATE: October 24,2012 ' SUBJECT: A RESOlUTION STRONGlY OPPOSING THE PROPOSED 16% BASE RATE INCREASE BY FlORIDA POWER AND LIGHT COMPANY ("FPl'*) Pursuant to the request of Commissioner Jonah Wolfson, the attached Resolution strongly opposing the proposed 16°/o base rate increase by FPL has been drafted and is submitted for consideration by the Mayor and City Commission at the October 24, 2012 City Commission meeting. F:\A TTO\TURN\COMMMEMO\FpLdoc 518 RESOLUTION NO. ______ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING THE PROPOSED 16°/o BASE RATE INCREASE BY FLORIDA POWER AND LIGHT COMPANY ("FPL"). WHEREAS, FPL provides electricity within the City of Miami Beach and its residents have no alternative but purchase services from and the WHEREAS, businesses in the City of Miami Beach must also purchase electric service from FPL; and WHEREAS, the City of Miami Beach and its residents and businesses continue to a depressed economy with limited resources wherein jobs are being lost, incomes and revenues are static or declining, and home mortgages are being foreclosed, requiring the City, its residents, and businesses to budget accordingly; and WHEREAS, in March 2, FPL proposed a 16% base rate increase in order to, other ensure up to a 12,5°/o return on equity for its shareholders; and WHEREAS, FPL benefits from more pass-through cost recovery mechanisms any regulated utility in the United States, including the Storm Recovery Surcharge, Fuel Cost Recovery pass-through, the Environmental Cost Recovery Clause pass- through, the Capacity Cost Recovery Clause pass-through, the Conservation Cost Recovery pass-through, and the Nuclear Cost Recovery Clause pass-through, which mechanisms increase FPL's current flow without the scrutiny employed in a traditional rate case; and WHEREAS, a significant percentage of rates paid by FPL customers are pursuant to these cost recovery mechanisms, instead of through base and WHEREAS, during these difficult economic times, a 16% increase in present significant challenges individuals, small businesses, schools, and local "",.."·'"" .. " further exacerbate the current economic downturn and necessitate greater budget cuts; WHEREAS, the Mayor and City Commission of the City of Miami Beach strongly oppose the proposed 16% base rate increase by FPL NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Section i . The foregoing facts and recitations contained in the preamble this Resolution are hereby adopted and incorporated by reference as if fully set forth herein, 519 ;::,e.cucm 2. The Mayor and the City Commission of the City of Miami beach, Florida strongly oppose the proposed 16% base increase by Florida Power and light Company. PASSED AND ADOPTED this_ day of October, 2012. ATTEST: ······················•······-··--------- Rafael Granado City Clerk Matti Herrera Bower Mayor F:\ATTO\TURN\RESOS\Opposing FPL Base Rate Increase 2012.docx 520 THIS PAGE INTENTIONALLY LEFT BLANK 521 OFFICE OF THE CITY ATIORNEY JOSE CITY ATIORNEY TO: MAYOR MA TTl HERRERA BOWER, MEMBERS OF THE CITY COMMISSION KATHIE BROOKS, INTERIM CITY MANAGER ,/ FROM: JOSE SMITH CITY ATTORNE, ,,, DATE: ':," SUBJECT: A RESOLUTION EXPRESSING APPRECIATION FOR THE RETURN OF THE CUBAN FLAG AT THE FREEDOM TOWER AND REQUESTING AN EXPLANATION AS TO THE FLAG'S TEMPORARY REMOVAL. Pursuant to the request of Commissioner Jonah Wolfson, the attached Resolution expressing appreciation for return of the Cuban flag at the Freedom Tower and requesting an explanation as to the flag's temporary removal is submitted for consideration by the Mayor and City Commission at the October 24, 2012 City Commission meeting. F:\A TTO\TURN\COMMMEMO\Freedom Tower.doc 522 Agenda Item R 71( Date (O~J(/~t?? RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FlORIDA, EXPRESSING APPRECIATION FOR THE RETURN OF THE CUBAN FlAG AT THE FREEDOM TOWER AND REQUESTING AN EXPLANATION AS TO THE FlAG'S TEMPORARY REMOVAL WHEREAS, the Downtown Miami Freedom Tower, with its distinctive Mediterranean Revival silhouette, stands as the most identifiable monument associated with the Cuban experience in America; and WHEREAS, when the Castro regime came into power, Cuban refugees came to Florida looking a new beginning and the Tower was used by the U.S. government between 1962 and 197 4 provide assistance to Cuban thus, earning its name as the Freedom and WHEREAS, the Freedom Tower holds rich historical Cuban Americans whom its halls became the gateway United States; and WHEREAS, for many years, the Freedom Tower has displayed the Cuban Flag as a symbol of freedom from the communist regime of Fidel Castro; and WHEREAS, the Freedom Tower's rich history began in 1925 when, from that 1 it housed offices for the Miami News & Metropolis newspaper, and WHEREAS, in 1979, the Freedom Tower was added to the U.S. Historic Places and was designated as a U.S. National Historic Landmark in 2008; WHEREAS, the Freedom Tower was purchased in 1974 by Jorge Mas Canosa sold it in 2004 to Pedro Martin Family which later donated it to Miami Dade College in 2005; and WHEREAS, as an educational center, the Freedom Tower is currently a destination not only for students, but is the site many cultural and community events; and WHEREAS, American, is 1961;and President of Miami Dade College, Dr. Eduardo J. Padron, a Cuban- the many refugees who passed through the Freedom Tower's halls in WHEREAS, recently, the Cuban flag was inexplicably removed Tower; and the Freedom WHEREAS, with the assistance of the Cuban American Patriots and Friends and its President Emilio Izquierdo, and Prensa Libre, which first publicized the missing flag and was instrumental in its return, Cuban flag has been restored to the Freedom Tower; and 523 WHEREAS, the City of Miami Beach Mayor City Commissioners the return the Cuban flag to its rightful location Freedom Tower, but request Dr. Eduardo J. Padron, President of Miami-Dade College, provide an explanation to the Mayor City Commission as to the flag's temporary absence. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that while appreciative of return of Cuban flag to the Freedom Tower, the Mayor and City Commission of of Miami Beach hereby respectfully request that Miami Dade College President Dr. Eduardo J. Padron provide an explanation regarding the temporary absence of Cuban flag from the Freedom Tower. PASSED AND ADOPTED this_ day of October, 2012. ATTEST: Rafael Granado City Clerk F:\A TTO\TURN\RESOS\The Freedom Tower.docx 524 Matti Herrera Bower Mayor THIS PAGE INTENTIONALLY LEFT BLANK 525 R7 -Resolutions R7L A Resolution Approving A Funding Contribution In The Amount Of $250,000 To Address The Relocation Of The Kitchen Exhaust Venting System Installed By The Pennsylvania Avenue Garage Retail Tenant, Penn 17, LLC. D/B/A Cooper Avenue; With Funding Available From Previously Appropriated City Center RDA Capital Fund 365; And Further, Authorizing The Interim City Manager To Negotiate Terms Of An Agreement With Penn 17, LLC To Proceed In Redesigning, Permitting And Constructing A Kitchen Exhaust Venting System That Discharges Away From The Service Alley Located Between The New World Symphony Building And The Pennsylvania Avenue Garage. Joint City Commission And Redevelopment Agency (Real Estate, Housing & Community Development) (Memorandum & Resolution to be Submitted in Supplemental) 526 THIS PAGE INTENTIONALLY LEFT BLANK 527 R7 ~ Resolutions R7M A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee (FCWPC) Meeting, Pertaining To A Cure Of The Sunshine law Issue Raised With Respect To Request For Proposals No. 14-11/12 (The lincoln Road RFP), And Also Recommending That A Cure Be Undertaken, As A Pre-Emptive Measure, With Respect To Request For Qualifications No. 22-11/12 (The Convention Center RFQ); Authorizing The City Administration And City Attorney's Office To Proceed With The Following Cure Options (As Presented To The FCWPC By The City Attorney At The Committee's October 3, 2012 Meeting): 1) Approving Cure "Option 2" For The lincoln Road RFP, And Authorizing The City Manager To Convene A New Evaluation Committee And Have Such New Committee Meet In A Duly Noticed Public Meeting To (A) View The Videotape Of The RFP Proposers' Original Oral Presentations, Followed By (B) Question And Answer Sessions With The Individual Proposers, And Ending With (C) The Committee's Deliberations, Rankings And Final Recommendation(s) To The City Manager (Provided That Portion (B) Of The Meeting May Be Closed To The Public, As Permitted Pursuant To Section 286.0113(2), Florida Statutes, But Shall Be Recorded By The City); And 2) Approving Cure "Option 1" For The Convention Center RFQ And Authorizing The City Manager To Re-Convene The Current RFQ Evaluation Committee And Have The Committee Meet In A Duly Noticed Public Meeting To (A) View The Videotape Of The RFQ Proposers' Original Presentations, Followed By {B) Question And Answer Sessions With The Individual Proposers, And Ending With (C) The Committee's Deliberations, Rankings And Final Recommendation(s) To The City Manager (Provided That Portion (B) Of The Meeting May Be Closed To The Public, As Permitted Pursuant To Section 286.0113(2), Florida Statutes, But Shall Be Recorded By The City). (City Attorney's Office) (Memorandum & Resolution to be Submitted in Supplemental) Agenda Item K 'l ------ Date IO··Ol\f../L 528 THIS PAGE INTENTIONALLY LEFT BLANK 529 R7 -Resolutions R7N A Resolution Opposing The Use Of Any Convention Development Tax ("CDT') Funds For A Purpose Other Than For Convention Center Development, And Further Opposing Any Expenditure Of Such CDT Taxes For Water And Sewer Infrastructure Or For Any Other Purpose That Is Not Eligible For CDT Funding Pursuant To State Law. (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) (Memorandum & Resolution to be Submitted in Supplemental) 530 THIS PAGE INTENTIONALLY LEFT BLANK 531 R7 -Resolutions R70 A Resolution Approving The Design Of The Recycling Receptacle To Be Provided Under The Coca-Cola Sponsorship Agreement And The Design Of A Matching Trash Receptacle As Recommended By The Finance And Citywide Projects Committee. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) 532 THIS PAGE INTENTIONALLY LEFT BLANK 533 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving the issuance of new Police and Parking Towing Permits to Beach Towing Services, Inc. and Tremont Towing Services, Inc. with said permits having a three (3) year term, commencing, on November 1, 2012, and ending on October 31, 2015; Further approving Amendment No. 2 to the Administrative Rules and Regulations for Police and Parking Towing Permits all as presented at the January 19,2012 Finance and Citywide Projects Committee meeti Supporting Data (Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. Availability of parking was one of the identified to make Miami Beach a better to I Issue: Shall the Mayor and City Commission approve the items discussed at the Finance and Citywide Projects Committee on January 19, 2012, including, issuance of new towing permits for a three (3) term; increases to the maximum allowable towing rates; and amendments to the Administrative Rules and Regulations of the The City's Towing Permits, and related issues, have boon the subject of extensive discussions before the Finance and Citywide Projects Committee (FCWPC) and Mayor and Commission. Most recently, an update on the towing permit issue was brought before the City Commission on September 12, 2012; at that time, the Mayor and Commission rescinded their February 8, 2012 (and June 6, 2012), deferral of the towing permit renewals to a joint mooting of the FCWPC and Neighborhoods and Community Affairs Committee (NCAC). The Mayor and Commission then directed the Administration to place the towing permit renewal item on the October 24, 2012, City Commission agenda for final review and consideration by the Mayor and Commission. During the discussion, Mayor Bower requested the Administration provide the FCWPC actions regarding the towing permits. Pursuant to this request, Letter to Commission (LTC) No. 266-2012 was issued on October 16, 2012, providing the actions of the FCWPC from their December 27, 2011, and January 19, 2012, meetings, respectively. The Administrative Rules and Regulations for Police and Parking Towing Permits will be amended pursuant to the direction provided by the Mayor and Commission. Administration Recommendation: The Administration concurs with all of the items discussed at the January 19, 2012, Finance and Citywide Projects Committee meeting, except for Item No. 7, "Maximum Allowable Towing Rates". While it has boon demonstrated that there have boon legitimate increases in expenses related to the towing permit, the Administration is not able to Financial Information: Source of Funds: OBPI iallmpact Summary: 534 FCWPC) approved a their consideration. Account AGENDA ITEM DATE .......J..:__;;.......J.-'-"- City of Miami lecu:h, 1700 Convention Center Drive, Miami Florida 33139, COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager / DATE: October 24, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE OF NEW POLICE AND PARKING TOWING PERMITS TO BEACH TOWING SERVICES, INC. AND TREMONT TOWING SERVICES, INC., WITH SAID PERMITS HAVING A THREE (3) YEAR TERM, COMMENCING ON NOVEMBER 1, 2012, AND ENDING ON OCTOBER 31, 2015; FURTHER APPROVING AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING TOWING PERMITS ALL AS PRESENTED AT THE JANUARY FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING. ADMINISTRATION RECOMMENDATION The Administration concurs with all of the items (Item No. 1~6 on pages 3-4) discussed at the January 19, 2012, Finance and Citywide Projects Committee meeting, except for Item No.7, ~Maximum Allowable Towing Rates". While it has been demonstrated that there have been legitimate increases in expenses related to the towing permit, the Administration is not able to recommend a rate increase based on data specific to the permitee. A recommendation is withheld until such time that additional information is provided to evaluate the proposed rate increases on a more analytical basis. An alternative solution is to allow for a "surcharge fee" for a limited period until the additional expense for the Enhancements and Technological Improvements are recuperated. The surcharge could be developed by estimating the aforementioned additional expenses divided by the number of annual tows for a «Per Tow Surcharge". The Administrative Rules and Regulations for Police and Parking Towing Permits will be amended pursuant to the direction provided by the Mayor and Commission. BACKGROUND The City's Police and Parking Departments Public Towing Permits, and related issues, have been the subject of extensive discussions before the Finance and Citywide Projects Committee (FCWPC) and Mayor and Commission. Most recently, an update on the towing permit issue was brought before the City Commission on September 12, 2012; at that time, the Mayor and Commission rescinded their February 8, 2012 (and June 6, 2012), referral of the towing permit renewals to a joint meeting of the Finance and Citywide Projects Committee (FCWPC) and Neighborhoods and Community Affairs Committee (NCAC). The Mayor and Commission then directed the Administration to place the towing permit renewal item on the October 24, 2012, City Commission agenda for final review and consideration by the Mayor and Commission. During the discussion, Mayor Bower requested the Administration provide the FCWPC actions regarding the towing permits. Pursuant to this request, letter to Commission (l TC) No. 266-2012 ( see Exhibit "A") was issued on October 535 Towing Permits October 24, 2012 Page 2 of 7 16, 2012, providing the actions of the FCWPC from their December 27, 2011, and January 19, 2012, meetings, respectively. The following is the Action taken on January 19, 2012, at the Finance and Citywide Projects Committee, Item No.3, ~Discussion Regarding Towing Permits". The Committee approved a motion to forward the towing permit issue to the full City Commission for their consideration. Item No. 3. ~ Discussion Regarding Towing Permits ~ ACTION The Committee recommended that: • The auditing and Inspection provisions resemble the provisions in the Boucher Brothers contract. • Option 1 for resident discounts be put into the contract. • Review the towing software and in~vehicle camera enhancements in one yE~a:u. • Administration to continue to negotiate with the Permittees regarding the number of hours a vehicle is stored at no chargE~ to the customer. • The item be brought to the full Commission The Committee asked that the Permittees explain why credit cards and personal checks are not accepted when the item is brought to the full Commission and that a discussion regarding the City's towing policy be had. Assistant City Manager Jorge Gomez presented and gave a brief history of the item. The Committee discussed the auditing and inspection provisions for the towing permittees. Commissioner Jorge Exposito asked if the City has the legal ability, other than what is granted to the City by contract, to determine the profitability of a company or the ability to set a standard of profit Chief Deputy City Attorney Raul Aguila stated that the City did not have the ability to determine profitability. Discussion ensued. The Committee recommended that auditing and inspection provisions resemble the provisions in the Boucher Brothers contract and that option 1 for resident discounts be implemented. The Committee discussed the requirements for retrieving a towed vehicle. Chairperson Deede Weithom suggested that a revision provision be included in the contract to ensure that the permittees are making progress in regards to implementing the enhancements required by the contract. Ralph Andrade asked why GPS tracking devices were being required. Parking Director Saul Frances stated that the tracking would be used for vehicles that are providing city services and the tracking software will address issues with accountability and show the proximity of the tow truck to vehicle which is to be towed. Mr. Frances also added that city vehicles are equipped with GPS tracking devices. Commissioner Jerry Libbin stated that he was not in favor of moving forward with the renewal of towing permits before an audit was performed. Ralph Andrade, attorney for Beach Towing, gave a power point presentation regarding increasing the towing rates. City Manager Jorge Gonzalez asked Mr. Andrade of the jurisdictions shown as comparables, how many, if any, have towing as a regulated industry with a limited number of operators. Mr. Andrade stated that he was unsure if any were regulated like the City is. Mr. Gonzalez stated that the way industry was regulated would affect the pricing, more towing companies would yield more competitive rates. Chairperson Weithorn opened the floor to public comment which included suggestions on revising the towing bill of rights to better protect the vehicle owner, raising fees not by a percentage but rather a flat fee, and support for auditing provisions. The Committee asked that the 536 Towing Permits October 24, 2012 Page 3 of 7 Permittees explain why credit cards and personal checks are not accepted when the item is brought to the full Commission. The Committee recommended that • The auditing and inspection provisions resemble the provisions in the Boucher Brothers contract. • Option 1 for resident discounts be put into the contract • Review the towing software and in-vehicle camera enhancements in one year. • The item is to be brought to the full Commission. CURRENT STATUS OF TOWING PERMITS Currently, the towing permits are on a month-to-month extension with Beach Towing and Tremont Towing, respectively, expiring on December 31, 2012. The Permittees are each seeking a new towing permit for a three (3) year term. FINANCE AND CITYWIDE PROJECT COMMITTEE ACTIONS: The FCWPC reviewed and approved a motion to forward the following items to the full City Commission for their consideration. 1. Towing Permit Renewals Currently, the towing permits are on a month-to-month extension and expire on December 31, 2012. The Permittees are seeking the issuance of new towing permits for a three (3) year term. 2. Enhancements a. Uniforms -Permittees to provide all employees with uniforms, which shall be approved by the City Manager or his designee. b. Employee Drug Screening -Permittee to perform drug test screening on all employees, and provide pass/fail results to the City Manager or his designee, upon request c. Driver's license Screening -Permittee to perform driver's license screening on all employees with driving responsibilities. d. Reduce the storage requirement within the City limits, from seven (7) days to one (1) day. 3. Technological Improvements a. Before the end of the first Permit year, Permittees shall have procured, installed, and implemented Global Positioning System (GPS) tracking devices on all vehicles. Any such GPS tracking devices must be accessible to the City for monitoring purposes. b. At the end of the first Permit year, and provided that Permittees have complied with the GPS requirement, the City Commission shall review and, following such review, may elect, in its sole and reasonable discretion, to require Permittees install the following additional technological upgrades; one (1) each during the second and third Permit years, respectively: a) towing software and in-vehicle cameras (to monitor and record tows in real time). 537 Towing Permits October 24, 2012 Page 4of7 4. City of Miami Beach Resident Discounts for Public Tows a. Permittees to provide a twenty percent (20%) discount to City residents for public tows. b. Discounts may be applied two (2) times per Permit year, per resident, per Permittee; resulting in a total up to four (4) resident discounts annually. c. The discount benefit shall "reset" each Permit year, for as long as the Permit is in effect d. The 20% discount shall also apply to the City's fee. 5. Stronger Audit Rights a. In order to clarify and strengthen the City's existing audit rights, as set forth in the Administrative Rules and Regulations for Police and Parking Department Towing Permits, Permittees shall meet with City staff including, without limitation, the Chief Financial Officer and City auditor, to develop and implement systems, procedures, and controls for the City's financial audits of Permittees' operations pursuant to the Permit (i.e. for public tows only). 6. Dismissal of Existing lawsuits Dismissal, with prejudice of certain litigation initiated against the City by Permittee Beach Towing Services, Inc.: a. Beach Towing Services, Inc. v. The City of Miami Beach, Case No. 11-37364 CA 31, Eleventh Judicial Circuit, General Jurisdiction Division (complaint challenging the adoption of Ordinance No. 2008-3617 on robotic and mechanical parking); (The City Attorney's Office has confirmed this lawsuit is dismissed without prejudice (see Exhibit "B"). b. Beach Towing Services of Miami, Inc. v. The City of Miami Beach, Case No. 11-465 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district); (The City Attorney's Office has confirmed this lawsuit is dismissed with prejudice (see Exhibit "B"). c. Beach Towing Services of Miami, Inc. v. The City of Miami Beach, Case No. 11-466 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district. (The City Attorney's Office has confirmed this lawsuit is dismissed with prejudice (see Exhibit "B"). 7. Maximum Allowable Rate Increases The Administration met with both Permittees on various occasions and discussed the Permittees proposed increases to the maximum allowable towing rates. Additionally, there have been a number of telephone discussions seeking ways to come to consensus on a methodology, such that the Administration could have a more 538 Towing Permits October 24, 2012 Page 5 of 7 analytical basis to evaluate the proposed rate changes. The Permittees have cited the fact that the current towing rates have neither been increased nor adjusted for CPI (Consumer Price index) since 2005. It is important to note that adjustments for CPI are typically not applied cumulatively in order to "catch up". However, the Permittees did substantiate increases in operational costs related to the towing industry, including: • Property taxes on Miami Beach are higher than other towing agencies pay in other areas of the County and have increased over time (see Exhibit "C" Miami-Dade County Property Tax Notice). • Fuel prices have substantially increased (see Exhibit "D" U.S. Department of Energy) from 2005 to the present. • Labor expenses have also increased over the same period (see Exhibit "E" U.S. Department of Labor Statistics). While it is evident that there have been legitimate increases in operational expenses related to the towing industry, the Administration has not been able to ascertain the specific impact to the Permittees' operational expenses related to the City's Towing Permit It should also be noted that the Permittees were willing to escalate the implementation of some technology enhancements including GPS tracking devices, towing software and possibly in-vehicle cameras, had we been able to reach consensus on the amount of the proposed rate increases. The following is the Permittees proposed increases to the Maximum Allowable Towing Rates: a. Outside-Exterior Storage: (b) Any vehicle less than 20 feet in length and 8 feet in width $25.00 $ 30.00 effective in the first Permit year $ 36.00 effective in the third Permit year b. Tow Rate Class "A" Tow Truck and Class "A" Car Carrier, including: First 30 minutes at scene $~ ~ 5.00 $140.00, effective in the first Permit year $150.00, effective in the second Permit year $155.00, effective in the third Permit year c. Special and additional charges Mileage charges (per mile): ~ $ 6.00, effective in the first Permit year $ 7.00, effective in the third Permit year Maximum per tow: $35.00 $42.00, effective in the first Permit year $49.00, effective in the third Permit year d. Administrative fee: $30.00 $35.00 maximum per tow. effective, in the first Permit year $41.00 maximum per tow. effective, in the second Permit year 539 Towing Permits October 24, 2012 Page 6 of 7 $44.00 maximum per tow. effective, in the third Permit year e. Dollies or Flatbed Services (per job): $35.00 $40.00, effective in the first Permit year $47.00, effective ln the seconf Permit year $50.00, effective in the third Permit year f. Labor to Engage Tow: $25.00 $30.00. effective in the first Permit year $32.00. effective in the second Permit year $33.00, effective in the third Permit year g. Permittees shall pay to the City a monthly Permit fee for each vehicle towed, in the amount of: $25.00 $30.00, effective in the first Permit year; ~35.00, effective in the second Permit year; ~40.00, effective in the third Permit year The monthly Permit fee shall be reduced by twenty percent (20°/o) percent for each vehicle towed that receives a resident discount of twenty (20%) percent g. After Hours Fee: An After Hours Fee may be assessed for tows retrieved between the hours of 8:00 PM and 8:00 AM. $30.00 ALTERNATE TOWED VEHICLE STORAGE FACILITIES Commissioner Tobin requested an update regarding the potential relocation of towed vehicle storage facilities from their current location in the Sunset Harbor neighborhood to Terminal Island. As previously discussed, the only two industrially zoned areas within the city limits are Sunset Harbor and Terminal Island. Therefore, an industrial use such as towing must reside in one these areas with a third option being outside of the city limits; which may be a long term solution. Currently, storage outside of the city limits is permitted after a vehicle is stored within the city limits for seven (7} days. One of the suggested enhancements (see No. 2d on page 3 of 7) is to reduce the seven (7) day requirement to one (1) day. This would enhance storage capacity. On a broader scale, if the City Commission wishes to pursue the relocation of all towed vehicle storage to outside of the city limits, this option would require a competitive process through a "Call for Applications" pursuant to the City Code. One of the biggest challenges with storage outside of the city limits is the delivery of the vehicle from the storage facility to the customer. This process would necessitate development of evaluation criteria would require further review and analysis. Moving the towing storage facilities from Sunset Harbor (see Exhibit "F") to Terminal Island (see Exhibit "G" and "H") may be feasible. The following are some other challenges that would also need to be addressed: 540 Towing Permits October 24, 2012 Page 7 of 7 • The adjacent residential neighborhoods, namely the residents of Star/Palm/Hibiscus islands are opposed to having a towed vehicle storage facility at Terminal Isle. The HOA has provided written correspondence to this effect • Impact on the daily operation of the City's Fleet Management and the Sanitation Department located at Terminal Island due to the constrained layout • Accommodation of the displaced parking areas that the new towed vehicle storage facility would occupy. • Partnering with adjacent property owners would be required in order to explore opportunities that would improve the City's operations and proceed with any of the alternative traffic improvements that physically modify the circulation on the island. These were analyzed in the Traffic Impact Study and various alternatives were identified. • Currently the intersection of Terminal Island and McArthur Causeway has a complex geometry and inefficient signal operation. With three independent approaches at Terminal Island at this intersection, multiple signal phases are needed. These were analyzed in the Traffic Impact Study and various alternatives were identified. • Potential delay in towing service delivery at times when traffic congestion peaks on the causeway. • Challenges related to continued reduction of industrial space in the City will need to be addressed for future needs. Lastly, the Mayor suggested that the Administration review a "turnaround service road" (see Exhibit 'T) similar to the existing one on Watson Island which provides access under the bridge at the west end of the causeway. In theory, this suggested roadway could potentially provide access under the east bridge; however, there are also various challenges to overcome, including: project costs; potential opposition from neighboring residents; and challenges with environmental conditions and permitting, including limitation of space, requiring any traffic loop to be over water and triggering permitting through the appropriate agencies. Should the City Commission wish to explore this option over the next few years, the City would need to engage a consultant CONCLUSION The Administration concurs with ali of the items (Item No. 1-6 on pages 3-4) discussed at the January 19, 2012, Finance and Citywide Projects Committee meeting, except for Item No.7, "Maximum Allowable Towing Rates". While it has been demonstrated that there have been legitimate increases in expenses related to the towing permit, the Administration is not able to recommend a rate increase based on data specific to the permitee. A recommendation is withheld until such time that additional information is provided to evaluate the proposed rate increases on a more analytical basis. An alternative solution is to allow for a "surcharge fee" for a limited period until the additional expense for the Enhancements and Technological Improvements are recuperated. The surcharge could be developed by estimating the aforementioned additional expenses divided by the number of annual tows for a "Per Tow Surcharge". The Administrative Rules and Regulations for Police and Parking Towing Permits will be amended pursuant to the direction provided by the Mayor and Commission. Attachments KGB/POW /JGG/SF T :\AGENDA \2012\1 0-24-12\ TowingPermitOctober242012 crne.doc 541 EXHIBI A MIAMI BE H OFFICE OF THE CITY MANAGER NO. LTC# 266~2012 LETIER TO COMMISSION TO: Mayor Matti Herrera Bower and FROM: Members of the City Commission / . Kathie G. Brooks, Interim City Manage/~/---- DATE: October 16, 2012 SUBJECT: TOWlNG PERMITS-FINANCE AND CITYWIDE PROJECTS COMMITTEE ACTION On September 12, 2012, Commissioner Wolfson placed a discussion item on the agenda (Item No. R9F) requesting an update on the status of the Police and Parking Department Towing Permits. The Mayor and Commission discussed the Item and directed the Administration to place Towing Permit issue on the agenda for the October 24, 2012, City Commission meeting in order to have a final discussion and vote on the matter. Mayor Bower requested the Administration to provide the results of the towing permit item when it was last considered by the Finance and Citywide Projects Committee (FCWPC). The following are the related documents (see attachments) and the links to the files containing the audio recordings of the meeting are also provided below. "' Towing Permits -January 19, 2012, Finance and Citywide Projects Committee, Item No. 3. Link: http://wr:;b.miamibeachfl.gov/cityclerk/scro!l.asgx?id;;;;68854 111 Towing Permits -December , 2012, Finance and Citywide Projects Committee, Item No.2. Link: httg://web.miamibeachfl.gov~cityclerk/scroll.aspx?id;;;;68659 Please let me know if you should need any further information, C: Patricia D. Walker, Chief Financial Officer Jorge Gomez, Assistant City Manager Max Sklar, Acting Assistant City Manager Raymond Martinez, Police Chief Saul Frances, Parking Director KGB/PDW/SF F:\ping\$ALL \SAUL \CMO\T owingPermi!sFCWPCMinutes,ltc.doc 542 () ~ t::r.!.:l -"""' o·• ;n Tl lA IBE H ' City of Miami hi::Tch, 1700 Convention Center Drive, lvliomi Booch, Florida 33139, ¥/ww,miamiboochll.g~v . ; COMMITIEE MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: March 21. 2012 SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING OF January 19, 2012. OlD BUSINESS I 1. Follow up: outstanding Report on the number of Business Tax ReceiptS {BTRs} 1 l ACTION : The Committee requested quarterly 1Jpdates be given via letter to Corpmission (LTC). I Georgina Echert, Assistant Director of the Finance Department, presented the item. The City began sending out the Fiscal Year (FY) 2012 renewal notices in early July of 2011. As of January 13, 2012, the following is a summarry on the status FY 2,012 BTR renewals: · · " 7,801 renewal notices were mailed out; ., 1 ,624 renewal notices remain unpaid; and .. 1,879 renewals have been paid, but remain in pending status. A list of business entities that have not renewed their BTR has been sent to Code ' Compliance·for foHow~up action. Ms. Echert also that a follow up notice has been ' sent to remind. businesses that have not renewed BTR. Commissioner J¢ny Libbin asked how this compares to previous years. Ms. Echert stated that the compliance level was approximately 65-70% last year, as compared tq 80%) this year. The Committee requested quarterly updates be given via letter to Commission (l TC). I 2.. Discussion regarding amendments to the Recycling Ordinance : · ACTION Item Deferred 3. Discussion regarding towing penmits 543 ACTION The Committee recommended that: '" the auditing and inspection provisions resemble the provisions in the Boucher Brothers contract '" option 1 for resident discounts be put Into the contract '" review the towing software cmd i!H•ehicle camera enhancements in one year '" Administration continue to negotiate with the Permittees regarding the number of hours a vehicle is stored at no charge to the customer '" the item be brought to tile ful! Commission The Committee asked that the Permittees explain why credit cards and personal checks are not accepted when the item is brought to the full Commission and that a discussion regarding the City's towing policy be had. Assistant City Manager Jorge Gomez presented and gave a brief history of the item. The Committee discussed the auditing and inspection provisions for the towing permittees. Commissioner Jorge Exposito asked if the City has the legal ability, other than what is granted to the City by contract, to determine the profitability of a company or the ability to set a standard of profit Chief Deputy City Attorney Raul Aguila stated that the did not have the ability to determine profitability. Discussion ensued. The Committee recommended that auditing and inspection provisions rese,mble the provisions in the Boucher Brothers contract and that option 1 for resident discounts be implemented. The Committee discussed the requirements for retrieving a towed vehicle. Chairperson Deede Weii:horn suggested that a revision provision be included in the contract to ensure that the permittees <Jre making progress in regards to implementing the enhancements required by the contract. Ralph Andrade asked why GPS tracking devices were being required.· Parking Director Saul stated that the tracking would be used for vehicles that are providing city services and the tracking software will address issues with accountability and show the proximity of the tow truck to vehicle which is to be towed. Mr. Frances also added that city vehicles are equipped with GPS tracking devices. Commissioner Jerry Libbin stated that he was not in favor of moving forward with the renewal of towing permits before an audit was performed. Ralph Andrade, attorney for Beach Towing, gave a power point presentation 'regarding increasing the towing rates. City Manager Jorge Gonzalez asked Mr. Andrade of the jurisdictions shown as com parables, how many, if any, have towing as a regulated. industry with a limited number of operators. Mr. Andrade stated that he was. unsure if any were regulated like the City is. Mr. Gonzalez stated that the way ind!Jstry was regulated would affect the pricing, more towing companies would yield more competitive rates. Chairperson Weithorn opened the floor to public comment which: included suggestions on revising the towing bill of rights to better protect the vehicle owner, raising fees not by a percentage but rather a flat fee, and support for auditing provisions. The Committee asked that the Permittees explain why credit c<;~rds and persona! checks are not accepted when the item is brought to the full Commission. The Committee recommended that: · '" the auditing ·and inspection provisions resemble the provisions in the Boucher Brothers contract '" option 1 for resident discounts be put into the contract ,. review the towing software and in-vehicle camera enhancements in one year • Administration continue to negotiate with the Permittees regarding the number of 544 hours a vehicle is stored at no charge to the customer .. the item be brought to the full Commission 4. Discussion of a proposed modification of the Promissory Note dated February 5, 2007, between MBCDC: Meridian Place, llC, a Florida limited liability Corporation, to the Miami Beach Redevelopment Agency; and to discuss a subordination of the City's mortgages in favor of a mortgage made by a commercial lending institution ACTION The Committee recommended that the item be brought to the full Commi$slon and that the funding chart be. included as part of the memo. R<;Jai Estate, Housing, and Community Development Director Anna Parekh presented the item. A modification of the repayment terms in the Promissory Note dated Februar}t 5, 2007, between MBCDC: Meridian Place, LLC, to the Miami Beach Redevelopment Agency was requested In order to facilitate the completion of Meridian Place, as well as to prevent jeopardizing $6,415,085 of additional public funds which have been awarded to th.is affordable housing project for formerly homeless elderly people. The repayment terms in the Promissory Note are not feasible because this affordable housing project cannot produce suffident cash flow to cover annual principal payments in the flmount of $150,000 to the RDA. The project rehabilitation is 70% complete, and therefore had no rental revenue cashflow to make the first $150,000 annual loan payment which was due in December 2011. Subsequent annual payments are due every December fdr the next nine years. in the event the RDA Promissory Note debt service is not modified, the · project cannot be completed and the other existing funding sources are in jeopardy. Each of the other funding sources entered into various governing documents with MBCDC and its predecessor to secure the use of funds and project execution. • While all the documents were prepared independently each lender, all the loan documents share coml!Jon covenants which require the delivery of a completed affordable housing Assistant City Manager Hilda Fernandez noted that neither the $2,864,642 of the City's HUD HOME and CDBG funds or the $1,379,395 of Miami-Dade County's Documentary Stamp Surtax Funds require repayment as long as the building is kept affordable even at the end of the affordability period. The Administration recommended that the RDA loan repayment terms be restructured to be consistent with other affordable housing grants (loans) from the City which defer the repayment of t~e funding' as long as the project ls kept "affordable" in accordance with HUD guidelines. This project's "affordability period" is currently thirty (30) years, commencing at the issuance of the Final Certificate of Completion. It was also recommended that at the expiration of the 30-year affordabi!ity period, that the City may be given the option to either 'call in the note, extend the affordabi!ity period (e.g. another thirty years), or otherwise modify the note. lhe Committee recommended that the ttem be brought to the full Commission and that the·funding chart be included as part ofthe memo. REPORTS 5. Report on the status of FY 2010/11 potential new revenue initiatives 545 ACTION None Required The Committee did not discuss the item. NEW BUSINESS 6. Request for approval to issue a Request for Qualifications (RFQ) for a fourth solid waste franchise contractor to provide commercial waste collections and disposal services ACTION The Committee recommended that this item and the item regarding the Recycling Ordinance be brought back to the March '1, 2012 Finance & Citywide Projects Committee Meeting. Public Works Director Fred Beckmann presented the item. At the Finance and Cltywide Projects Committee Meeting of January 26, 2010, the Committee recommended that the City pursue the option of maintaining four (4) franchise haulers and to accept the services package presented combined with a five (5) year term. The Committee also recommended that a minimum of four (4) haulers be retained and in the event the number falls below four, the matter be brought to the attention of the City Commission. There are presently three waste collection and disposal services franchisees in the City of Miami Beach: Waste Managemef1t of. Dade County; Waste Services, Inc.; and Choice Environmental Services of Miami. In 2011, a previous fourth franchisee, General Hauling Services, Inc. was purchased by Waste Services. The current waste collection and disposal services franchisees have petitioned the City to maintain at three the number of haulers providing services within the City. It was recommended that the fourth hauler negotiations could provide the opportunity for the three remaining haulers to proffer additional resources for the educational and enforcement requirements of the new recycling ordinance. However, the re-written ordinance significantly reduces the resource requirements for enforcement and therefore does not present the same opportunities. The haulers have requested that -io eJ.;change for agreeing to increase their current contribution to fund green initiatives form 1,5% to 2% (representing an annual revenue increase of approximately · $100,000), and double their annual cash allocation for the purchase of recycling containers from (15) containers valued at approximately $18,000 to (30) containers valued at approximately $36,000, or current market value-they would like to keep only three haulers and exercise the three year renewal option currently at the City's · discretion in September 2014. Chairperson Deede Weithorn stated that she would like to delay discussing this item so that lt could be discussed in conjunction with the item regarding the Recycling Ordinance. Mr. Beckmann stated that the proposed recycling ordinance is ready aside from the few details that needed to be confirmed with the County. Commissioner Jerry Ubbin was also in favor of deferring the discussion. Commissioner Jonah Wolfson and Commissioner Jorge Exposito were in favor of issuing the RFQ. Discussion ensued. Public comment included support for both issuing the RFQ and support for keeping the number of wa?te haulers at three. The Committee recommended thai this item and the item regarding the Recycling Ordinance be brought back to the March 1, 2011 Finance & City\vide Projects Committee Meeting. 546 7. Discussion concerning City Fees and Charges for Gay Pride 2012 ACTION Item Deferred 8. Discussion pertaining to the issuance of a Request for Proposals (RFP) for auditing services for the City's (CAFR), (OMB A-133 Single Audit), The Miami Beach Redevelopment Agency's basic financial statements (ROA), · .•. (PSF), (VCA) financial statements, The Miami Beach Convention Center, as managed by Global Spectrum, financial statements, The Children's Trust Program, The Building Better Communities Bonds Program, and The Safe Neighborhood Parks and Bond Program {SNP) ACTION The Committee recommended moving forward with the issuance of a Request for Proposals (RFP) for auditing services. Georgina Echert, Assistant Director of the Finance Department, presented the item. The current auditors, McG!adrey and Pullen were selected in Request for Proposals {RFP) No. 23-05/06 and approved under Commission Resolution 2006-26247 to provide auditing services for a period of five (5) years with the sole option and discretion of the City to renew for five(5} additional one (1) year periods. The Committee recommended moving forward with the issuance of a Request .for Proposals (RFP) for auditing services. 9. Discussion regarding property assessed clean energy {PACE) program ACTION Item Deferred 10. Discussion. pertaining to a retail lease agreement between the City and South Florida Salem Group, Inc., for use of approximately 1,327 square feet of City-owned property located at 1701 Meridian Avenue, Unit 1 {AJKIA 765 11TH Street), Miami Beach, Florida · ACTION The Committee recommended that the item be brought to the Commission with the best deal. Assistant City Manager Hilda Fernandez presented the item. On November 16, 2011, Koniver Stem Group, the City's contracted real estate broker, presented the City with a Letter of Intent (LOI) on behalf of the South Florida Salon Group, Inc., (SFSG) for use of approximately 1,327 square feet of City-owned space located at 1701 Meridian Avenue, Unit1. The New York-based investment group which is behind SFSG is proposing to introduce a relatively new and exciting concept taking hold in many retail markets throughout California, New York, Arizona, Texas, Atlanta and Miami in the form of a 547 blow-dry hair salon. As the name implies, the facility would offer an attractively affordable fixed-price menu of blow-dry hair styling options as well as manicuring services. In addition to SFSG, the City received inquiries about the availability of the space from the current adjacent tenant. operating as Massage Envy. This existing tenant wished to expand their current space as well as introduce certain services not currently included in their franchise agreement, which formed the basis of the lease for their current space. Further, the initial terms proposed were deemed not favorable to the City, while the prospective tenant submitted terms more favorable for the City's consideration. While the adjacent tenant has remained interested ln the vacant reta!l space, and has since offered comparable terms, the City's broker advised staff that securing a diverse tenant mix would protect the City 'further, as compared to !easing out this space to the adjacent tenant and having one tenant control two of four retail spaces. SFSG is offering to pay $46 per square foot for the space. Based on current market conditions, the proposed rent is comparable and competitive. Lyle Stem of Koniver Stem Group stated that Massage Envy had very recently made an offer which exceeded the current $46 per square foot and suggested that more information be gathered before a final recommendation is made. The Committee recommended that the item be brought to the Commission with the best deal. 11. Discussion pertaining to a retail lease agreement with Groove Man Entertainment, Inc. involving Suites 1 through 4 in the Anchor Shops, located at 1550 Collins Avenue, Miami Beach, Florida ACTION The Committee recommended moving forward and bringing the item to the full Commission. Assistant City Manager Hllda Fernandez presented the item and gave a brief synopsis of the memo. On January 11, 2012, Koniver Stern Group, the City's contracted real estate broker, presented the City with a Letter of Intent (l0!) on behalf of Groove Man Entertainment, (Grooveman Music) for Suites 1 through 4 in the Anchor Shops. G rooveman Music was founded by DJ/Producer George Acosta in the late 90's and has been doing business on Miami Beach from their current location at i 543 Washington Avenue since 2002, selling DJ-related products, clothing and accessories, vinyls and CDs and advance ticketing to music events anywhere in the world. Grooveman is interested in moving its business to the Anchor Shops, which will not allow them to expand their business, but also allow them to develop higher-end boutique market with new products and designers. Given current market conditions, the subject 2,884 square foot space has been challenging to fill and has been vacant since December 2010. Grooveman Music has proffered an offer of $31 per square foot, plus tax, to lease the space for an initial term of five (5) years plus a renewal term of four (4) years and 364 days at the City's option. The Committee recommended moving forward and bringing the item to the Commission. 12.Discussion regarding PAL's refusal to hand over Public Records ·ACTION The Committee recommended that should the PAL not comply with the public records request to the satisfaction of the City Attorney's Office, a public hearing 548 be scheduled to discuss what measures should be taken including termination of funding. City Attorney Jose Smith presented the item and went on to introduce Donald Papy, Chief Deputy City' Attorney. Mr. Papy stated that he had spoken with the new counsel for the Police Athletic League (PAL), Israel Reyes, regarding the status of the Miami Herald's public records request to the PAL for records and that Me 'Reyes stated that they were cooperating with the Miami Herald and have asked for some additional time because he had recently become the new counsel for the PAL ML Papy stated that Mr. Reyes conveyed· his intent to fuHy comply with the request Chairperson Deede Weithom asked Mr, Papy if he asked what the time frame was for Mr. Reyes to turn the records in. Mr. Papy stated that he did not ask but stated that Mr. Reyes had asked for an additional 30 days to respond to the request Steve "Bubba" Cohen, former PAl board member, stated that his attorney had made the same request in 2009 of the PAl and that it took a!most two years for the records to be turned oveL Mr. Cohen also stated that the PAl was requested to respond to the 2005 City Audit but the PAl has never responded to the audit Mr. Cohen was also concerned that the Parks and Recreation Department the Boys and Girls Club and the PAL are all in Flamingo Park: and all competing for a small pool of children. Chairperson Weithom stated that If the PAL has not complied with the request by the time that the budget is being discussed, their funding could be cut. Commissioner Jonah Wolfson stated that he would also support not funding the PAL The Committee recommended that should the PAL not comply with the public records request to the satisfaction of the City Attorney's Office, a public hearing be scheduled to discuss what measures should be taken including termination of funding 549 M!AMIBE H COMMITIEE MEMORANDUM TO: FROM: Mayor Matti H. Bower and Members of the City Commission City Manager Jorge M. Gonzalez 'Y{" t DATE: January 19, 2012 U This shall serve as written notice that a meeting of the Finance and Citywide Projects Committee has been scheduled for January 19, 2012, at 3:00 P.M. in the City Manager's Large Conference Room The agenda is as follows: OLD BUSINESS 1. Follow up: Report on the number of Business Tax Receipts (BTRs) · outstanding. (Apri/29, 2010 Commission Item C6E) Patricia Walker -Chief Financial Officer Discussion regarding amendments to the Recycling Ordinance (July 13, 2011 Commission Item R5F) Fred Beckman-Public Works Director 3. Discussion regarding towing permits Jorge Gomez-Assistant Manager 4. Discussion of a proposed modification of the Promissory Note dated February 5, 2007, between MBCDC: Meridian Place, LLC, a Florida Limited Liability Corporation, to the Miami Beach Redevelopment Agency; and to discuss a subordination of the City's mortgages in favor of a mortgage made by a commercial lending institution Anna Parekh-Director of Rea! Estate Housing and Community Development · REPORTS Report on the status of FY 2010/11 potential new revenue initiatives Kathie Brooks -Budget & Performance Improvement Director 550 NEW BUSINESS 6. Request for approval to issue a Request for Qualifications (RFQ) for a fourth solid waste franchise contractor to provide commercial waste collections and disposal services (July 13, 2011 Commission Item C2G) Fred Beckmann -Public Works Director 7. Discussion concerning City Fees and Charges for Gay Pride 201.2 {July 13, 2011 Commission Item C4G) Max Sklar-Cultural Arts & Tourism Development Director 8. Discussion pertaining to the issuance of a Request for Proposals (RFP) for auditing services for the City 1S (CAFR), (OMB A~133 Single Audit), The Miami Beach Redevelopment Agency's basic financial statements (ROA), ..• (PSF}, (VCA) financial statements, The Miami Beach Convention Center, as managed by Global Spectrum, financial statements, The Children's Trust Program, The Building ·setter Communities Bonds Program, and The Safe Neighborhood Parks · and Bond Program (SNP) (September 14, 2011 Commission Item C71) (October 19, 2011 Commission Item C.4D) Patricia Walker-Chief Financial Officer 9. Discussion regarding property assessed clean energy (PACE) ·program (October 19, 2011 Commission Item RSiH) Fred Beckman -Public Works Director 10. Discussion pertaining to a retail lease agreement between the City and South Florida Salon Group, inc., for use of approximately 1,327 square feet of City-owned property located at 1701 Meridian Avenue, Unit 1 (A/KIA 7651.7TH Str~et), Miami ~each, Florida . Anna Parekh -Director of Real Estate Housing and Community Development 11. Discussion pertaining to a retail lease agreement with Groove Man Entertainment, Inc. involving Suites. 1 through 4 in the . Anchor Shops, located at 1550 Collins Avenue, Miami Beach, Florida Anna Parekh -Director of Rea! Estate Housing and Community Development · 12.Discussion regarding PAL's refusal to hand over Public Records (December 14, 2011 Commission Item R9W) Jose Smith -City Attorney 551 Fine.uu;e and Citywide Prolects Committee Meetings for 2012: March 1 , 2012 March 29, 2012 April 19, 2012 May 17, 2012 June 21, 2012 July 26, 2012 September 20,2012 November 29, 2012 December 20, 2012 JMGIPDW!rs/th To request this material in accessible format, sign language interpreters, information on access persons with disabilities, end/or accommodation to review any document or participate in any city~sponsored proceeding, please contact 305*604-2489 (voice), 305*673-7524 (fax) or 305~673-7218 (TTY) five days in advance to initiate your request. TTY users may also calf 711 (Florida Relay Service). · , Cc. Mayor and Members of the City Commission Management Team 552 553 i l ~t=' lr o~= ,. OF.FICE OF THE CITY WANAGER COMMIITEE MEMORANDUM ~-.-.TO: Finance and Citywide Projects Committee FROM: Jorge M. Gonzalez, City Manager DATE: January 19, 2012 SUBJECT: DISCUSSION REGARDING POUCE TOWING PERMITS ~ FOLLOW~UP On December 27, 2011, the Flnance and Citywide Projects Committee (FCPC) discussed the police towing permit issues at length. The FCPC directed the Administration to bring back the item to its meeting on January i 9, 201 2; continue negotiations with both Permittees (Beach Towing and Tremont); and perform further analysis regarding the following: (1) enhance the public benefit provisions; (2) confirm towing rates for comparable jurisdictions; (3) conduct a sensitivity analysis for the index applied in the towing rate analysis provided by the Permittees (CP! -Consumer Price Index); (4) enhance the existing audit and inspection provisions by developing agreed upon procedures; (5) dismissal of the pending lawsuits; and (6) return with the Terminal Isle discussion. The Administration has conducted the analyses directed by the Committee, and met with representatives of both Permittees on Friday, January 6, 2012, Tuesday, January 10, 2012 and Friday, January 13, 2012, The fo!!owing reflects the results of those meetings: I. PUBUC BENEFITS At the FCWPC meeting of December 2011, the Permittees clarified that the proposed public benefit was a one time, 20% reduction for Miami Beach residents. The FCWPC not feel that this ·was a significant benefit and they requested that other options be explored. The following two options were developed and agreed upon by the Administration and Permittees. The Administration is seeking feedback and direction from the FCWPC: · A. Resident Discounts for Public Tows Option 1: • Twenty percent (20%) discount to Miami Beach residents for public tows only. "' Discount may be applied two (2) times per year, per resident, per Permittee. This equates to four (4) benefits annual!y. The benefit resets each year; therefore, the resident receives the benefit annually for as long as the Permit is in effect. Permittee will track issuance of discounts to residents, annually. "' Residents must provide proof of residency within the City limits, and their driver's license information must match with the vehicle registration information. "' 20°/o discount would also be applicable to the City's Fee. Option 2: • Twenty percent (20%) discount to Miami Beach residents for public tows only. • Discount may be applied three (3) times, per resident. This benefit does not reset each year; therefore, the resident receives this benefit three (3) times, from each Permittee, for a total of six (6) benefits .. Permittee will track issuance of discounts to residents, annually. • Residents must provide proof of residency within the City limits, and their driver's license information must match with the vehicle registration information. • 20% discount would also be applicable to the City's Fee. 554 Discussion Regarding Towing Permits-Updated Finance & Citywide Projects Committee Meelfng January 19, 2012 Page 2 of 10 B. Permittees agreed to develop a forma! "internal reviewn proeess to address citizen complaints. This has not been developed as of the writing of th!s memo. U. MAXIMUM ALLOWABLE TOWiNG RATES~ ANALYSIS At the December 6, 2011, FCWPC Meeting, the Permittees jointly provided an analysis of the Maximum Allowable Towing Rates. The analysis alleges that the current towing rates are Inadequate, since. they have not been increased since 2004. The analysis further alleges that a CP! (Consumer Price Index) of three percent (3%) be applied to certain towing rates (See attached Permittees' Analysis). The summary (Table 2) of the Permittees' Analysis was inserted into the chart below for comparative purposes. At the direction of the FCWPC on December 2t11 , the Administration updated Its own research of towing rates in comparable jurisdictions, and also received data from the Permittees regarding towing rates from comparable jurisdictions. The table below has been updated as per discussions wlth the Permittees; however, this analysis reflects a slngle tow under a specific set of assumptions. The Permittees believe that the analysis should reflect · the various types of tows that occur during time. For example, a sign!flcant percent of tows may occur during normal work hours and while not a majority, when included in a blended analysis it wm reflect a different ATF. The Permittees will present a different analysis based on the above at the FCWPC meeting. ' Maximum Allowable Towing Rates in Florida-The Average Tow Fee (ATF) is comprised of: • Class "'N Tow Fee • Administrative Fee • Mileage one (1) mile • labor • After Hours Fee The Class "A" Tow Fee and the add-on fees mentioned above are the "mode'.' value fees (value fees that occurs most often) for Miami Beach public tows. In other words, the majority of tows are comprised of these fees. 555 Dfscu:ssfon Regarding Towing Permits-Updated Financlil & Citywide Projects Commit1111il Meeting January 19, 2012 Pege3of10 Cltle& in Fiorlcla Ba! Harbor Fort lauderdale (4} Jacksonville Key West Miami-Dade· MPA Or! an do Surfside (5) West Palm Baacl'l Palm Beach County Hillsborough County Broward County St Lucia County lndian River County proposed rates app!too to an average tow Total AlP' Class A $223.00 $115.00 $159.80 $100.00 $204.03 $106.02 $226.75 $135.00 $161.25 $'104.00 $'176.00 $118.00 $144.00 $125.00 $205.00 $115.00 $228.00 $130.00 $237.00 $156.00 $264.00. $115.00 $192.50 $105.00 $198.00 $100.00 $208.50 $119.00 $271.75 $135.00 2012 $241.00 $'140.00 2013 $259.00 $150.00 2014 $155.00 (1) City Fee is included in the crass A Fee (8) Adm Fee is $63. 16 applied after 72 hours (3) Adm Fee is $50.00 applied after 48 hours (4} Permit Fee fs annual/per zone (5) CMB Towing Permit Piggyback Adm Fee $40.00 $30.00 $0.00 $25.00 $30.00 $30.00 $0.00 $30.00 $60.00 $0.00 $75.00 $30.00 $35.00 $34.00 $25.00 $35.00 $4i.OO $44.00 {6) Adm Fee applied per notification after 24 hrs (2) (7) (3} (6) (6) $3.00 $4.80 $3.04 $3.00 $3.00 $5.00 $4.00 $5.00 $5.00 $7.00 $4.00 $0.00 $3.00 $3.00 $3.00 $6.00 $6.00 (7) Adm Fee applied per notification after 24 hrs end up to $135 (8) Includes $3.00 Fuel Surcharge (9) $50 Adm Lien Fee after 24 hours labor per15 min $25.00 $25.00 $22.72 $33.75 $24.25 $23.00 $15.00 $25.00 $33.00 $39.00 $20.00 $27.50 $25.00 $12.50 $33.75 $30.00 $32.00 After Hours $0.00 $0.00 $57.25 $30.00 $0.00 $0.00 $0.00 $30.00 $0.00 $35.00 $50.00 $0.00 $35.00 $30.00 $30.00 Fee $40.00 $0.00 $15.00 $0.00 $0.00 $26.00 $(l.OO $40.00 $0.00 $0.00 $0.00 $30.00 $0.00 $0.00 $0.00 $30.00 $35.00 S40.00 (1) Maximum Allowable Towing Rates in Florida-The Average Tow Fee (ATF) is the mode value (value that occurs most often) for Miami Beach and it Includes fees assessed to the most common type of tow (Class A TQ\IV). Please note that the Average Tow Fee (ATF) includes a Class "A" Tow Fee; Administrative Fee; Ml!e;:ige one (i) mile; Labor; and After Hours Fee. Also, please note that the Permittees presented certain fees that are applicable in the jurisdictions they researched; however, these certain fees are not applicable to the mode value tow described in the examples below. 556 D!sr:ussfon Regardir.g Tawing Permits-Updated Finance & CII)Nifde Projocts Committee Meeting Jeroary 19, 2012 Pa~4of10 Based on the example above, the Permittees have proposed a rate lncr:ease that will ralse the average tow fee to $269.00 over a three {3) year period. This represents a 31% increase " over the current Average Tow Fee. It should be noted that the Permittees wm present a different analysis which takes into account a variety of tows that may result in a different percent increase. · The Class "A" Tow Fee (the most common type of tow) is proposed by the Permittees to increase from $115, over the three year period, to $155; or an increase of 35°/o over the current rate. The Permittees have also proposed to increase the City's fee, wbich they ool!ect for the municlpa!ity, from the current $25 per tow, to $30 per tow in year one; $35 in year two; and up to a maximum of $40 in year three. lt is important to note that for pub!ic tows, in addition to the tow fees incurred, a parking citation also accompanies the tow fee. Parking citation fines for towable infractions range between $23.00 and $250.00. The only notable exception is for vehicles that have an impound order for outstanding citations, and even under those circumstances all outstanding citations must be paid in order to retrieve the vehicle. IU. CONSUMER PRICE INDEX (CPI) SENSITIVITY ANAlYSIS The FCWPC discussed the issue of indexing towing rates and directed the Administration to: (1) conduct a sensitivity analysis regarding the Index (CP!) utilized by the Permittees in their analysis to determine the actual effect of compounding the CP! to towing rates over a long period; and (2) insert typical language used in other City ordinances, (such as the Business Tax Receipts Ordinance) related to an Index or escalator for fees (See Attachment No. 1, Section 102-379{a)-{c), .which contains sample language previously developed for the BTR ordinance}. In the alternative, the City Attorney's Office has also developed stafldard contract language, which it typically uses in leases, concession agreements, and other agreements that generate payments to the City, providing that the initial fee be increased by CPI or [XI percent, whichever is greater. However, similar language as that contained in Attachment No. 1 maybe better suited to the Instant case. The Administration conducted its own indexing analysis utilizing CPl for the Miami-Fort Lauderdale area. Upon comparing both the Permittees and the Administration's indexing analysis, the variations ranged between $0.11 and $2.04 among the fee categories. Please refer to the tables below. 557 Dfscu&eton Frogardihg Towfng Permits-Updated Finance & Cftywfdw Pr'ofr!JCtti Committ&e Meeting January 19, 2012 0 5 of 10 PERMITTEES' C:PI Adjusted Rates from Applicable Base (1005} to FY1012 through FY1014 Outside Storage Fee Motor Outside Storage Fee Motor & Outside Storage Fee Storage Fee <20fU& Outside $39.40 Class "B" $151,03 558 Class "C" Tow $1.79 Class "D" Tow Fee Class B&C Towing Fee Car Carrier Annual CP!% Discussion Regarding Towing Permits-Updeted Finance & C!tywk:Je Projects Committee Meeting January 19, 2012 Page 6of10 IV. AUDITING AND INSPECTION PROVISIONS Pursuant to the direction received from the FCWPC to enhance the audit provisions in the current Administrative Ruies and Regulations (which govern public tows), to look at other existing audit provisions, in comparable business models, such as the language ln the agreements between the City and Smith & Wollensky and the Boucher Bros, the . Administration drafted the tol!owlng language, which could be included In the Administrative Rules and Regulations (to expand upon the existing audit provisions). It is important to note that the agreed upon audit procedures for both of the aforementioned agreements require either an ·automated point of sale (POS) system; cash register, or comparable system. The industry specific POS and software system offered by Dispatch and Tracking Solutions (DTS) would provtde the kind of safeguards, reporting; and auditing tools sought in this provision. The following is a draft of the proposed language for the provision. The agreed upon audit procedures would need to be developed jointly between the Permittees and the Administration. SECTION#. MAINTENANCE AND EXAM INA TJON OF RECORDS. Permittee shall maintain current, accurate, and complete financial records, on an accrJal basis, related to its operations pursuant to this Permit. Systems ahd procedures used to maintain these records shalf include a system of internal controls; all accounting records shall be maintained in accordance with generally accepted accounting principles; and shalf be open to inspection, copying, and audit by the City Manager or his designee upon reasonable verbal or written notice, during normal hours of operation~ Permittee shalf maintain elf such records at its principal offlce, currently located at· , Miami Beach, Florida, 33139, or, if moved to another location, all such records shatl be relocated, at Permittee's sole expense, to a location in Miami Beach, within ten (10) days from notice of request tor inspection from the City Such records and accounts shall Include, at a minimum, a breakdown of gross receipts, expenses, and profit and loss statements. Permittee shall maintain accurate receipt-printing cash services which wllf record and show the payment for every service provided, Such other records shall· be maintained as would be required by an independent CPA In order to audit a statement of annual gross recefpts and profit and loss statement pursuant to generally accepted acco!)nting principles. Permittee records shall also be maintained for a perfod of three (3) years following expiration (or the termination) of this Permit (regardless of whether such termination results from the expiration of the Term or for any other reason). A monthly report of gross receipts must be submitted to the City Finance Department's Revenue Manager, no later than thirty (30) days after the close of each month during the Term herein Permlttee shalf submit to the City's Finance Department's Revenue Manager, ·within sixty (60) days of the end of each contrect year, an annual statement of gross reooipts, along with any payment required pursuant to Section herein, in a form consistent with generally accepted accounting principles. Additionally, within one hundred twenty (120)·days of the end of each permit year, a report applying agreed~upon procedures shall be submitted to the City Finance Department's Revenue Manager, such statement shall be accompanied by e report from an independent CPA firm which shalf perform certain agreed upon procedures, as described in Exhibit_ attached hereto. SECTION# INSPECTION AND AUDiT. 559 Discussion Regarding Towing Parmlts·Updat&d · Finance & G1!ywfde Projer;fu; Gommitwe Meeting January 19, 2012 Page 7of10 The City Manager or his designee shall be entitled to audit Permittee's records once a year throughout the Term, and three (3) times within the three (3) year period following expiration (or other termination) of this Permit. The City shall be responsible for paying all costs associated with such audlt(s), unless the audlt(s) reveals a deficiency offive (5%) percent or mora in Permittee's statement of gross receipts for any year or years audited, Jn which case Permittee shall pay to the City, within thirty (30j days of the City deeming the audit final, the ·cost the audit and a sum equal to the amount of the deficiency revealed by the audit, plus interest. These audits are in addition to periodic City audits of Resort Tax coflections and payments (which ere perlormed separately). It Is Permittee's intent to stay informed of comments and suggestions by the City regarding Permittee's performance under the Agreement. Within thirty (30) days after the end of each contract year, Permittee's and the City may meet to review Permittee's perlormance under the Permit for the previous contract year. At the meeting, Permittee and the City may discuss quaffty, operational, maintenance and any other issues regarding Permittee's performance under the Permit. Nothing contained within this Section shall preclude the City's audit rights for Resort Tax collection purposes. · V. DISMISSAL OF PENDING LAWSUITS/LEGAL ISSUES The City has been a party to the following litigation arising out of disputes between the two towing companies: · 1. Beach Towing SeNices, v. The City Of Miami Beach, Case no. 11-37364 CA 31, Eleventh Judicial Circuit, Genera! Jurisdiction Division (complaint challenging the adoption of Ordinance 2008-36i 7 on robotic and mechanical parking): 2. Beach Towing SeNioos Of Miami, Inc., v. City Of Mleml Beach, Case No. 11-465 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district); and 3. Beach Towing SeNices Of Miami, Inc., v. City Of Miami Beach, Case No. 11-466 AP, Eleventh Judicial Circuit, Appellate Divtsion (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage ln the 1-1 district). The Plaintiff in case number 1 has filed a notice of voluntary dismissal without prejudice. Case numbers 2 and 3 have been partially briefed, and await replies to be filed by. the Petitioners. lt is proposed tll:at as a condition of approval of Permit renewal, that the plaintiffs agree to dismiss, with prejudice, their lawsuits and petitions, within five (5) days of adoption of the Resolution, each party to bear their own costs and attorneys' fees, and with the City drafting the Orders of Dismissal. Further, since the Plaintiff has already dismissed case number 1, that it, and all related persons and entities, agree not to pursue any action against Ordinance No. 2008-3617, and not to encourage any other person or entity to file any administrative or judicia! challenge to such Ordinance. VI. CITY'S !N~HOUSE TOWING iNITIATIVE 560 Discussion Regarding Towrng Permlts-UpdaCed Finanre & Citywide Projects Committee Meeting January 19, 2012 Page8ofi0 The City Commission discussed the viability of storing City directed towed vehicles on Terminal Island on June 1, 2011. The Administration was directed to conduct a traffic impact study for the proposed facility on Terminal island for the storage of towed vehicles. The results of that study were placed on the Neighborhoods and Community Affairs Comm1ttee agenda and, after deferring discussions for 1\vo months, the Committee decided, at Its December 8, 2011 Meeting, to table this Item until such time as the Comm[ssion decides to place it back on the agenda for discussion. On December 27, 20"1 1., the FCWPG decided to have the discussion on this Issue with the full Commission. The Committee instructed the Administration to ensure that the nearby home owner's association be notified of that upcoming discussion. It is anticipated that this issue will be placed on the City Commission's February agenda. VII. ACCOUNTABILITY AND ENHANCEMENTS~ UPDATED The following enhancements were revisited during the meetings with Permittees and the results have been highlighted below in bold. • In-Vehicle Cameras (Video and Audio Recording)-Towing service providers would be required to record video and audio of all tows, public and private. Recording equipment shall be mounted on the vehicle (v.rrecker) and any and aU footage (video/audio) shall be provided to the City, upon request (Note: Permittees have acquiesced from their previous position and agreed to consider this as a requirement upon ccmducting further research and evaluation of the various systems propo~ed). • RS!!GPS Tracking Devices (Wreckers)~ Radio Satellite Integrators (RS!) is a third party provider of state-of-the~r:ut vehicle tracking systems. The City has contracted RS! to provide a web based vehicle tracking system to manage its fleet, including location, speed, and idle times of City vehicles. Each towing service provider would be required to engage RS! and deploy GPS tracking devices for all wreckers and/or service vehicles; and would be required to provide access to the RS! system to the Police and Parking Departments. (Note: Permittees have acquiesced from their previous position and agreed to consider this as a requirement upon conducting further research and evaluation of the various systems proposed). • Towing Software (Dispatch and Tracking Solutions)~ Dispatch and Tracking Services {DTS)-DTS is a third party provider of state-of-the-art towing software. Each towing service provider shall be requlred to engage DTS, a web based towlng software provider, to manage public and private property tows. Both towing service providers . would be required to usa the DTS system for ail tows. A DTS tow fee is assessed for each tow. (Note: Permittees have acquiesced from their previous position and agreed to consider this as a requirement upon conducting further research and evaluation of the various systems proposed). "' Tempo·rary [Towed] Vehicle Storage -The Adm1nistration recommends an amendment to the City Code allowing for temporary storage of towed vehicles during high impact events in the City. (Note: Permittees have acquiesced from their previous position and agreed to this provision). 561 Discuss!(){) Regarding Towing Perm/Is-Updated Rnanoo & Citywide Projects Committee Meeting January HI, 2012 Page9of10 • Defamation Provision (video/audio depiction of public tows) -This provmton is intended to develop protections for the City from potential defamation that may arise from towing service providers intending to either pursue on their own or engage a third party to film depictions of public property tows. (Note: This was previously agreed to by both Permittees and can be required by the Permit). " Employee Drug Screening -Towing service providers would perform drug test screening on a !I employees and provide pass/fa!! results to the City upon request (Note: This was previously agreed to by both Permittees and can be required by the Permit). · • Drivers license Screening -Each towing service provider would perform driver's license screening on an employees with driving responsibilities. (Note: This was previously agreed to by both Permittees and can be required by the Permit). ' • Uniforms '""" Towing service providers would be required to provide all employees with uniforms. Uniforms shall be approved by the City Manager or his designee. (Note: This was previously agreed to by both Permittees and can be required by the Permit). " Penalties/Fine Schedule -The existing towing permits allow the Qty Manager to suspend the permit for a period of time as a penalty. The Administration recommends a fine schedule, as a financial disincentive, for violatlon(s) of the towing permit. Fines for typical violations may include, but are not limited to: emp!oyees out of uniform; i!legat storage of vehicles; overcharging/assessment of drop fees; violations of the conditional use requirements, etc. (Note: Both Permittees have agr~ to continue discussing this Issue). • Extend the number of hours of storage at no charge to the customer from eight (8) hours to 12 hours. (Note: Permittees have not agreed to this provision). CONCLUSION The Administration seeks further policy direction regarding the proposed revisions to towing rete increases; public benefits for Miami Beach residents; permit requirements/enhancements; accountability; and iega! issues. JMG/ F:\cmgr\$ALL \JGG\Finance Memos\TowlngPermitReferra!FCPCJan192D12.{3) mem.docx . . 562 Discussion Regarding Towing Permits-Updated FlnanC#J: & ·Citywkfe Projects Committee Meeting January 19, 21112 Page 10of10 Attachment No. 1 Business taxes for the following businesses, occupations or: professions ~m'l tlere~y I_~ vied 5md l.m.posed as follows: . . .. . .Effective on October 1, 2005 (fiscal year 2005-2006), the following: busln'ess ta.Xes will be increased. by five percent rounded to the' nearest dollar, and further increased by five p~rcent every other . ;year on October 1, until such taxes/fees have caught up with the: cumulative percentage-change. in ·the Consiuiier ·Price lnde)C" . . . .. .. . ... . . . ··--·-~---~ (CPI) measure between June 1994 through March 2003, which is. :24.5 ·percent; further providing for another change equal to the: cumulath~e perca.W!~.s~--~~~~9 ~-in_.!rreJ~~J ·tr<?~.-~ar~i!_~~m3 J~ ~ept~r.n,~r_2Q 1_1. ~As provlded' in Resolution No'. 26o3-=2529tl,-a. review of the anmJa~ permit. teettiusiness taxwi(l--berequire.CI whenever tile ctlange.In! :the Consumer Price Index (CPI), between the latest CPI and the aai~ ·:~t t_he cP.(~seC:rto~ji!~ja_si' i~XIi~ ~Ci1u~_i!ri~~(is five! .percent or greater.' . ~ ..... -....... ....., ... . ___ :J 563 MJA IBE CH COMMITIEE MEMORANDUM TO: fROM: Mayor Matti Herrera Bower and Members of the City Commission City Manager Jorge M. Gonzalez '\\~ February 8, 2012 U (____} SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETiNG OF December 21, 2011. OLD BUSINESS NEW BUSINESS ACTION Chairperson Weithom !.u.Jggested that administration contirme to work with Miss ·usA® to negotiate an agreement between th<e City and its partners, not to exceed $250,000. If SI.:Cc:essful, the agreement would be brought to the City Commission for approval. Max Sklar, Director of Tourism & Cultural Development, presented the item. At· the beginning of December 2011, ACT Productions and the Green Agency approached the City, the Greater Miami Convention Center and Visitors Bureau (GMCVB) · and Miami Beach Visitor and Convention Authority 0JCA) about the opportunity of the City hosting the Miss USA® pageant in Miami Beach in :20120 The Miss Universe Organization produces the internationally recognized MISS UNIVERSE®, MISS USA® and MISS TEEN USA® competitions. The MISS UNIVERSE® and MISS USA® competitions air as live specials and consistently rank among the most watched television programming in the world. Miss Universe Organization LP., LLLP is a Donald J. Trump and NBC Universal joint venture. NBC Universal broadcasts the MISS USA® and MISS UNIVERSE® competitions live during prime time ln the United States. NBC Universal distributes the shows to international markets (approximately 170 courrtrie$1). The three events are packaged together for international distribution. NBCUniversa! promotes the live telecast prior to the elr date, which provides exposure to the host 101 564 ;Agenda ttem C(tl f) Date ,;;... 'i-1 L destination. The pageant is also distributed to over 90 countries and territories worldwide. Miss USA® was watched by 1 in 17 Americans in 2011 and also has a large internet presence that generates millions of impressions. The first eight years of competition (1952~1959) the Miss USA® pageant was held in long Beach, California. The competition moved to Miami Beach, Florida in 1960 and stayed in Miami Beach, with the exception of i962, until 1971. In order to host the MISS USA® Pageant in Miami Beach, the host organization is required to raise cash and/or in- kind support to cover the production expenses for the event It is expected that the host organization will seek third party sponsorships in order to help meet the cash/in--I<Jnd needs necessary to successfully host the pageant; these sponsorships cannot conflict with any current pageant sponsorships. The original cash and in-kind requirement discussed with the MISS USA® representatives totaled approximately $3,000,000. This total requirement included costs for the pageant venue; hotel rooms and meals (contestants and staff); security; community· events; staging; production; local transportation; and airfare, among others. In exchange for this commitment, the Host Organization is considered the "Official Sponsor of the pageant, receives approximately eight (8} minutes of destination primetime television exposure and audio mentions during the broadcast on NBC and in pre and post pageant coverage, receives a local economic tourism impact for three (3) weeks leading up to the pageant, as well as other promotional opportunities. The 2012 pageant will be televised on June 3, 2012. Pre- pageant events would lead up to the show, and could include events both in the City and outside of the City. In order to accommodate the necessary production needs, the pageant would need to be produced in the Miami Beach Convention Center, which impacts production costs as compared to the use of an established theater or performing arts facility; the Fillmore Miami Beach at the Jackie Gleason is not large enough for this event Following the December 19, 2011 Commission meeting, ACT Productions reported to staff that the cash and in-kind requirement could potentially be reduced to $1,000,000 pending further discussions/negotiations. Mr. Sklar stated that he felt that if the cash and in-kind requirement could be reduced to $500,000 the event would be feasible and that a rent waiver at the Convention Center would be required for the pageant Chairperson Deede Weithom asked yvhat the cost would be to the City. Mr. Sklar stated tltat it would depend on amount of funding provided from other sources. City Manager Jorge Gonzalez stated that it would be approximately $150,000 -$200,000. Discussion ensued. Commissioner Jonah Wolfson fen that the GMCVB, as a partner with the City, should do a!! they can to make the event happen. Commissioner Jerry Ubb!n was concemed about scheduling the Miss USA pageant during Memorial Day Weekend.tllis year. Commissioner Jorge Exposito asked what the time frame was for making the decision. Mr. Sklar stated that the decision on where the pageant would be held woukl be made in the neict few weeks. Commissioner Michael Gongora was in favor of the event if the amount of cash/in-kind requirement was reduced to something ·that the City coukl afford and suggested that the City try to host the Latin Grammy Awards again. Chairperson Weithom asked Chief Financial Officer Patricia Walker if Resort Tax has exceeded expectations so far this year. Ms. Walker stated that it has exceeded expectations so far. Chairperson Welthom suggested that administration continue to work with Miss USA® to negotiate an agreement between the City and its partners, not to exceed $250,000. If successful, the agreement would be brought to the City Commission for approvaL 2. Diacussion regarding towing permits 2 102 565 ACTION City Attorney Jose Smith is to send a copy of the Notice to Dismiss to Commissioner Michael Gongora. The Committee requested that Staff do a sensitivity analysis using other rates for the increase of the towing rate, send a copy of the provisions for auditing the towing permitees to the full Commission, that an additional public bt'Hieflt be proposed, that Staff verify the Rate Analysis that was included in the memo, and tl:lat the towing permitees present cities that they feel are comparable for comparison. The Committee also referred the discussion regarding Terminal Island to the full Commission and asked that the neighborhoods that are affected be notified so that they may have the right to respond. Assistant City Manager Jorge Gomez presented the item and gave a synopsis of the memo. Commissioner Jorge Exposito asked what the reasoning was behind requiring in-vehicle cameras, GPS tracking and what the costs were. Parking Director Saul Frances stated that the reason was for protection of not only for the City but the towing operators as welL The in-vehicle cameras would provide a visual picture of what took place when the vehicle was being towed and the GPS tracking would ensure that the vehicle was being taken to the correct storage location. Mr. Franees stated that the in-vehicle cameras have not beem priced yet, but the GPS tracking system would cost approximately $300 per vehicle for installation and approximately $20 per month for monitoring services. Commissioner Jerry Libbin asked who was establishing the request for the rate increase. Mr. Gomez stated that the rates were proposed by the towing companies. Commissioner Ed Tobin asked how much revenue was generated by City tows. Mr. Frances stated that last year there were approximately 14,000 tows between the Police and Parking Departments, and at the Average Tow Fee of $205 minus the City Fee of $25 would be approximately $2.5 mi!!ion. Commissioner Tobin was concerned that the towing companies stated that they were operating at a loss When approximately $2.5 million dollars of revenue was generated by the City contract alone. Commissioner Michael Gongora asked for clarification on the one-time only resident discount Mr. Andrade stated that it was intended to be a onetime per company per resident discount, a once in a. lifetime discount for residents. Commissioner Gongora stated that he would like to see that changed and asked what the proposed rate increase was based upon. Mr. Andrade stated that tlie proposed rate increase was based upon Consumer Price Index (CP!) increases. Commissioner Gongora then asked what percentage the rate increased when the last increase was implemented. City Manager Jorge Gonzalez stated that in 2004 the Class A fee was $95 and was raised $10 each year for two (2) years, the Admin fee was raised from $25 to $30, the afterhours fee was raised from zero to $30, and the Labor fee was increased from zero to $20 and then $25. Chairperson Deede Weithorn asked how many years the 2004 increase was adjusting for. Mr. Frances stated that is was for a four (4) year period. Chairperson Weithom then opened the floor to public comment. Miami Beach Resident Frank De! Vecchio stated that he reviewed the City Code, State Statutes and County code regarding towing and fait that the public interest was not being served. Mr. Del Vecchio suggested the City look at booting vehicles, and suggested that an audit of the towing companies be performed. Discussion ensued. Lobbyist David Custln suggested that the City freeze the City Fee portion of the Tow Fee. Ralph Andrade, attorney for Beach Towing, d!stributed·a revised proposed towing resolution, Chief Deputy City Attorney Raul Aguila noted some of the changes that were made on the revised proposed resolution which included changing the extension dates from January 1, 2012 through December 31, 3 103 566 2014 to February 1, 2012 through January 31, 2015 and then asked if the clause relating to ·the litigation, which was a ooru::l!tion of the approval of the resolution, that the petitioner agree to drop the lawsuits with prejudice, was omitted in error. Mr. Andrade state<! that one lawsuit had already been voluntarily dismissed. Mr. Aguila stated that the lawsuit that had already been dismissed was done so without prejudice and that the City was requesting that aU three lawsuits be dismissed with prejudice and that each party bear their own attorneys' fees and costs. Discussion ensued. City Attorney Jose Smith stated that he would submit the Nqtlce. to Dismiss to Mr. Andrade and copy Commissioner Michael Gongora. The Committee requested that Staff do a sensitivity analysis using other rates for the increase of the towing rate, send a copy of the provisions for auditing the towing permitees to the full Commission, that an additional . public benefit be proposed, that Staff verify the Rate Analysis that was included in the memo, and that the towing permitees submit to P,arking Director Saul Fr~nces, cities that they feel are comparable for comparison. The Committee also referred the discussion regarding Terminal Island to the full Commission and asked that the neighborhoods that are affected be notified so that they may have the right to respond. 4 104 567 '' Ml IBE H COMMITTEE MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: City Manager Jorge M. Gcnz;s~lez DATE: December 27, 2011 This shall serve as written notice that a meeting of the Finance and Cil)wide Projects Committee has been scheduled for December 27, 2011, at 5:00 P.M. in the City Manager's Large Conference Room. The agenda is as follows: OlD BUSINESS . REPORTS NEW BUSINESS 1. Discussion regarding the Miss USA Pageant Hilda Femandez-Assistant Manager 2. Discussion regarding towing permits JMG!PDW/rs/th To request this material in accessible format, sign language interpreters, information on access for persons with disebiliUes, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (vofca), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. nY users may also call 711 (Florida Relay Service), Cc. Mayor and Members of the City Commission . Management Team 568 Under Separate Cover 569 570 I BEACH OFFICE OF THE CITY MANAGER TO: Finance and Clty\Nide Projects Committee FROM: Jorge M. Gonzalez, City Manager DATE: December 27, 2011 COMMIITEE MEMORANDUM SUBJECT: DISCUSSION REGARDING TOWING PERMITS On December 14, 2011, the Mayor and Commission, vla Agenda Item No. R7B, referred a discussion item to the Finance and Citywide Projects Committee regarding the City's towing penmlts with Beach Towing and Tremont Towing and the following related issues; maximum allowable towing mtas/disoountfor Miami Beach ras!dents; permit requirements/enhancements; accountability; !ega! issues; and the City's in~house towing initiative. Additionally, the Mayor and City Commission approved a month-to-month extension commencing on January 1, 2012 and expiring ori June 30, 2012. The Administration began meeting with the Towing Permittees in early November to discuss the tem1s of the renewal/extension of the towing permits. No consensus had been achieved during several rounds of meetings, as such; staff was recommending for the extension of the towing permits on a month to month basis and was mquestlng direction from the policy makers. The discussions were to center on certain requirements that would enhance accountab!Uty and Increase operational accountabiliiy. The following provisions were identified for discussion: CONDITIONAL USE REQUIREMENTS The City's Planning Board required a number of conditions for Tremont Towing at their current iocatlon as well as to the site proposal for the relocation at 186 i Bay Road. The Administration recommends that any conditions that mitigate the impact of the operation on the surrounding neighborhood also be required of both towing service providers. These conditions include but are not Hmlted to: on--site cameras: restricted access to the fac!i!ty through the neighborhood, landscaping, etc. (Note: The Permittees have not agmed to this). ACCOUNTABILITY "' In-Vehicle Cameras (Video and Audio Recording)-Towing service providers would be required to record video and audio of an tows, public and private. Recording equipment shall be mounted on the vehicle (wrecker) and any and all footage (video/audio) shall be provided to the City, upon request. (Note: Penmittees have only agreed to do thls at their sole discretion). "' RSI/GPS Tracking Devices (Wreckers)~ Radio Satellite Integrators (RSI) is e third party provider of state-of-the-art vehlc!a tracking systems. The City has contracted RSI to provide a web based vehicle tracking system to manage its fleet, including location, speed, end Idle times of City vehicles. Each towing service provider would be required to engage RSI and deploy GPS tracking devices for a!! wreckers andlor service vehicles; and would be required to provide access to the RSI system to the Police and Parking Departments. (Note: Permittees have only agreed to do this at their sole discretion). 571 Dfscussion Regarding Towirlg Pmmils Deaember27, 21J11 Finanoo & CftywJd? Projects Cammi!!f!e Mlfeli11g Pege:Zofo • Towing Software (Dispatch and Tracking Solutions)~ Dispatch and Tracking Services (DTS)-DTS Is a third party provider of statEH>f-the--art towing software. Each towing service provider shall be required to engage DTS, a web based towing software provider, to manage public and private property tows. Both towing service providers would be required to use the DTS system for all tows. A DTS tow fee is assessed for each tow. (Note: Permittees liave only agreed to do this at their sole discretion}. • Defamation Provision (video/audio depletion of public tows)-This provision Is intended to develop protections for the City from potential defamation that may arise from towing service providers intending to either pursue on their own or engage a third party to film depictions of public property tows. (Note: This was agreed to by both Permittees and can be required by the permit}. "' Employee Drug Screening-Towing service providers would perform drug test screening on all employees and provide pass/fall results to the City upon request (Note: This was agreed to by both Permittees and can be required by the permit). " Drivers license Screening-Each towing service provider would perform driver's t!cense screening on a!! employees with drtvlng responsibilities. (Note: This was agreed to by both Permittees and can be required by the permit). .. PenaltlesJFine Schedule-The existing towing permit with both towing services providers allows for the City Manager to suspend the towing permit for a period of time as a penalty. The Administration recommends a fine schedule. as a flnandal disincentive, forviolation(s) of the towing permit Fines for typicel violations may include but are not limited to; employees out of unifoon; illegal storage of vehlc!es; overcharging/assessment of drop fees; violations of the oom:Jitiooal use requirements, etc. {Note: Both Permittees have agreed to oontinue discussing this issue). ENHANCE OPERATIONAL EFFICIENCIES ,. Uniforms -Towing service providers would be required to provide all employees with uniforms. Uniforms shall be approved by the City Manager or his designee. (Note: This was agreed to by both Permittees and can be required by the permit). .. Temporary [Towed] Vehlc!e Stomge-The Administration recommends an amendmentto the City Code allowing for temporary storage of towed vehicles during high impact events in the City. (Note: Permittees have not agreed to this provision). • Extend the number of hours of storage at no charge to the customer from e!ght(8) hours to 12 hours. (Nota: Permittees have not agreed to this provision). fiNANCE AND CITYWIDE PROJECTS COMMITTEE (fCWPC} -PERMITTEES' RATES ANALYSIS At the December 6, 20'!1, Finance and Citywide Projects Committee {FCWPC), the Permittees jointly provided an analysis of the maximum allowable towing rates. The analysis suggests that the current towing rates are inadequate slnoo they have not been increased since 2004. The analysis further·suggests theta CPl (Consumer Plica Index) of three percent (3%) be applied to 572 Discussion Regarding Tawing Permits Decamtmr 27, 2011 Finance & Citywide f'rojfK;ts Comrn/~ Meef:Jng Page3of5 certain towing rates (see attached Permittees' Analysis). The summary (Table 2} of the Permittees' Analysis was inserted into the chart for comparative purposes. The Administration conducted a survey of maximum allowable towing rates for local and regional jur!sdictlons. The sui"V'!3y below identifies Miami Beach as having the highest maximum aHowable rates locally (Mlami~Dade and Broward Counties) and second highest in the State of Florida, · second only to Key West RATE ANALYSIS Maximum Allowable Towing Rates in Florida-Please note that the Average Tow Fee (ATF) includes a Class "A" Tow; Administrative Fee; Mileage one (1) mile; labor; and After Hours Fee. Bal Harbor** $205.00 $115.00 $30.00 $5.00 $25.00 $30.00 $40.00 Coral Gables $138.50 $88.00 $25.00 $3.50 $22.00 $0.00 $25.00 Fort Lintden:lale $134.80 $100.00 $30.00 $4.80 $0.00 $CUIO $0.00 Jacksonville $116.£5 $91.75 $0.00 $2.62 $32.76 $49.52 $15.00 Key West $163.00 $135.00 $25.00 $3.00 $CUIO $0.00 $0.00 Miami Dade $134.00 $11tu:.m $30.00 $3.00 $0.00 $0.00 $0.00 M?A $U:i!.OO $113.00 $30.00 $3.00 $22.00 $0.00 $25.00 Orlando $150.00 $100.00 $50.00 $0.00 $0.00 $0.00 $0.00 .Surfside** $2.05.00 $115.00! $30.00 $5.00 $25.00 $30.00 '$25.00 $115.00! 25.00 $30.00 Permittees' Proposed rates applied to an average tow 2012 $241.00 $140.00 $35.00 $6.00 $30.00 $30.00 $30.00 l013 $259.1)0 $150.00 $4Ul0 $6.1)0 $32.00 $30.00 $35.00 2014 $269.00 $155.00 $44.00 $7.00 $33.00 $30.00 40.00 NOTES: **CMB Towing Permit Pfggybtu:k ***City Fee is included in the Class A Fee The Permittees have proposed a rate increase that will raise the average tow fee to $269.00 over a three year period. This represents a 31% increase over the current Average Tow Fee. The Class "N Tow Fee (the most common type of tow) is proposed by the Permittees to increase from $1 i 5, over the three year period, to $155, or an increase of 35% over the current rate. The Permittees have also proposed to Increase the City's fee, which 1hey collect for the municipality, from the current $25 per tow to $30 per tow in year one, $35 in year two, up to the maximum of $40 in year three. PUBLIC BENEFITS The Administration was also seeking to include a public benefit provision in the discussions with the Permittees. At the December 14, 2011 Commission Meeting, both Permittees agreed to 573 Dfscussfon Regarding Towing Permits December 27. 2011 Finance & Citywide Pro)eota Committee Meeting Page4of5 ·provide Miami Beach residents. with proof of residency, a twenty percent (20%) discount for aH towing services. The Administration met with both Permittees on December 20, 20i i, to discuss the public benefit proffered by the Permittees. The Resident Discount proffered by the Permittees is as follows: · · • Twenty percent (20%) discount to Miami Beach residents for public (City) tows only. • Resident must provide proof of residency within the City limits and their driver's license Information must match with the vehicle registration information. . • Discount may be applied one-time only to residents. Permittee will track issuance of discounts to residents. • 20% discount would also be applicable to the City's Fee. Additionally, the Permittees proffered a formal ~lntemal Revlewn process to address citizen complaints. TOWING PERMIT ENHANCEMENTS At the direction of the FCWPC, the Administration met with both Permittees on December 8, 2011, staff reviewed the proposed rate of Increase and discussed with the Permittees certain enhancements to the towing permits. Both Permittees agreed to the following enhancements, as requirements, of the towing permits: "' Unlforms -Towing service providers sh<ill be required to provide all employees with uniforms. Uniforms shaH be approved by the City Manager or his designee. • Employee Drug Screening-Towing service providers shall perform drug test screening on all employees and provide passtfail results to the City upon request • · Drivers license Screening-Each towing service provider shall perform driver's license screening on all employees with driving responsibilities. · s Reduce storage requirement withln the City limits from seven days to one (1) day. • Temporary [Towed] Vehicle Storage -An amendment to the City Code is necessary to allow temporary storage of towed vehicles in locations other than currently permitted by the City Code during high impact events in the City. Both Permittees agreed that the following list of enhancements ba considered on a voluntary basis. It should he noted that TremontT owing agreed tO implementthe following enhancements; however, Beach Towing, has decided not to Implement any of the enhancements at this time: • In-Vehicle Cameras (Vldeo and Audio Recording)-· Towing service providers would be required to record video and audlo of ail tows, public and private. Recording equipment shall be mounted on the vehicle (wrecker) and any and all footage (video/audio) shaH be provided to the City, upon request .a RSUGPS Tracking Devices {Wreckers)-Radio Satellite Integrators (RSI) is a third party provider of state-of-the-art vehicle tracking systems. The Clty has contracted RSI to provide a web based vehicle tracking system to manage its fleet, including locatlon, speed, and id!e timf?S of City vehicles. Each towing service provider wculd be required to engage RSI and deploy GPS tracking devices for all wreckers and/or service vehicles: and would be required to provide access to the RSI.system to the Police and Parking 574 Disr;ussfon Regarding Towing Permrts December 27, 2011 Flflanoo & GilyWfde Projects Ccmmltt1iie Meeting Page 5of5 Departments. « Towing Software {Dispatch and Tracking Solutions)-Dispatch and Tracking Services (DTS)-DTS is a third party provider of state-<if-the-art towing software. Each towing service provider shall be required to engage DTS, a web based towing ooll.ware provider, to manage public and private property tows. Both towing service providers would be required to use the DTS system for all tows. A DTS tow fee is assessed for each tow. The Permittees have also requested to reduce the minimum number of days a vehicle is required . to remain within city limits from seven days to one day. ENFORCEMENT PROVISION Both Permittees have agreed to include an MEnforcement" provision to the towing permit to ensure accountab!lity and protections. The Enforcement provision shall be jointly developed between the Administration and both Permittees and shall be substantially based upon: (1) Minor Violations such as: employee uniforms; distribution of Towing Bill of Rights Information; etc. and (2) Major Vlolatlons such as: overcharging; Illegal storage; etc. LEGAL ISSUES Beach Towing has dismissed one of its lawsuits against the City without prejudice, challenging the adoption of the robotic mechanical parking ordinance. CITY'S IN-HOUSE TOWING INITIATIVE The City Commission discussed the viability of storing City directed towed vehicles on Terminal Island on June 1, 2011. The Administration was directed to conduct a traffic impact study for the proposed facility on Terminal Island fur the storage of towed vehides. The results of that study were placed on the Neighborhoods and Community Affairs Committee agenda and after deferring discussions for two months. the Committee decided at the December 8, 2011 meeting to table this item untll such time as the Commission decides to it back on the agenda for discussion. CONClUSION The Admlnlstratlon seeks further policy direction regarding the proposed increases, the discount proffered for Miami Beach residents; permit requirements/enhancements; accountability; and tegal issues. The Administration is also seeking policy direction on the issue ofTerminallsland as the matter was tabled indefinitely by the Neighborhoods and Community Affairs Committee. Attachments JMG/JGG/SF f;\Ping\Saui\FlnanceCcmmittee\Tow!ngPermi!Refum>lfCPCDoo2720i 1.mam.doc 575 MAXIMUM AlLOWABlE TOWING RATES· PROPOSED AMENDMENTS • Outside Exterior Storage for Motorcycles increases from $10 to $12 per day. • Outside Exterior Storage for vehicles less than 20 feet ln length increases from $25 to $30, and $36, effective as of January 1, 2014; • Outside Exterior Storage for any vehicle over 20 feet in length Increases from $30 to $35; and $44, effective as of January i, 2014. • Tow Rate Class "A" Increases from $115, to $140, and $150, effective as of January 1, 2013, and $155, effective as of January 1, 2014; • Tow Rate Class "B" increases from $145, to $165, and $180, effective as of · January 1, 2013, and $190, effective as of January 1, 2014; • Tow Rate Class "C" increases from $175 to $200, and $220, effective as of January 1, ·2013; and $230, effective as of January 1, 2014; • Tow Rate Class "D" increases from $200 to $230, and $250, effective as of January 1, 2013; and $265, effective as of January 1, 2014; • Tow Rate Class "B" and "C~ Car Carrier increases from $125 to $145, and $160; effective as of January 1, 2013; and $180, effective as of January i, 2014; • Special and Additional Charges (Extra Labor or Waiting Time) increases from $16.50 to $20, and $22, effective as of January 1, 2013; and $24, effective as of January 1, 2014; • Mileage increases from $5 to $6 per mile, and $7, effective as of January 1, .2014; • Administrative Fee increases from $30 to $35, and $41, effective as of January 1, 2013; and $44, effective as of January 1, 2014; • Doilies and Flatbed Services, Increases from $35 to $40, and $47; effective as of · January 1, 2013; and $50, effective as of January 1, 2014: · • Labor to Engage Tow (not an automatic fee), increases from $25 to $30, ana $32, effective as of January 1, 2013; and $33, effective as of January 1, 2014; • Administrative Charge (not an automatic fee), Increases from $30 to $35; and . $40, effective as of January 1, 2013; and $43, effective as of January 1, 2014; and 576 Bench Towing Services, lm;. City of Miami Beach \',\1\'-b i'\ 'i J'f',.l;! 11! \iii'.Of'q. 'I< 1!~>'.'.2:. 1'\l!ll.!ll \l\\1\lt \I \11<•1\ \lql ll\11'-••I 1111 <II\ !>I \11\\H 'li \!II \l>\!l'\1-..il<\ll\1 W! l" 1"'-'ll/11,11 \lltl'\'-lll\{l'ltllil 1">11!'\khl\.t.H<\\1\-t,l'llt\lll'-\-..111\hli> t>'-ill\~·~""" \'-il \\1!\.lllllil\ \tn ;1 2" Ill I'·.IIH\·•1\.t, 1111 \1\\l\!1 \1 ',IJ>!\\ \1\11 1<111•, H'i!lliltl !HI \'.\.i \! 11''-'l \!IHI'HI~ I· l\!'1! \II 1({ I b1i \II\ \ll "II< i I \I !lii<H \II It<!"'\ '-I'' I :wp •li I \Ill fl !{ t·"-- 577 - !tl33 S\\' :--;-·· \\'c'1\ll< \lhu11i. FloricLt ;;:-.; Jn5• 2t<;e;>{f.>1t .. Bench Towillg Sen·kt.-s. lm:. I 349 Dude Bnulenml ivlinm: floritla Ri.·Yised ns of July 12, 1[)01) t:;ee the C\>mmi:;:;ion l"kmornndum dutcJ , P.L your mnm1gement !o the fY20 14. from the bnsc: Prict· lnuc:;.;, to th~: :Vlinmi-Fort Rates were oblninct! from the For Pollee nnt! Parking Permits. whkh rul\:s were re.:omrnended in 2 oCthe The mmlysis is intended for intcmni usc and your to rmd of l~Ainmi which is responsible tl.w selling the t'vlmdmum AllnwuhlC' R<Hc;; and should not be used for any other purpose. The ncnml results mny vmy Jhm1 those amJ I iii.: I'Jrim!om; may be m::ttcriaL C<lccres & Gomer. CPA. P.L 578 -- Over the past ten years.there has been a substantia! Increase in the CPI pubHshed by the U.S. Bureau of labor Statistics. T!1e increase translates to an average CPI annual Increase of ' about 2.97% over a 10 year pedod or an increase in expenses of about the same rate. More importantly, CPI adjustments increased at a rate of 4.7% in 2005, 4.90% in 2006, 4.2.0% !n 2.007, and 4J:i0% in 2008. The CP! decreased at a rate of -0.30% in 2009. The CP! increased at a rate of 0.80% ln 2010. The trend for 2011ls a CPI increase of approximately 3.70%. The data tables from the U.S, Bureau of Labor Statistics are attached hereto ln as Appendix "3." The rapid rise in costs has severely dampened the financial sustainability of operating a towing business in the City of Miami Beach, particularly if the Maximum Allowable Towing Rates are not adjusted in a timely manner. The rates have remained stagnant ranging from . 2001 for several fees and for aU fees since January 14, 2004, resu!tlng In tmavoldable losses of income for companies engaged in the towing busine'is !n the City of Miami Beach. Thus, Beach Towing Services, Inc., believes the CPI increases from the base rates ranging from 2001 and from the 2004 to the present warrant an Increase to the "Maximum Allowable Rates," set forth in Section 22 of the City of Miami of Miami Beach Administrative Rules and Regf,!latkms For Pollee and Parking Towing Permits, Revised as of July 22, 2009 (attached hereto as "'1"). It Is vital to note that the same conditions and justifications cited In warrant an increase t1Hhe Maximum Allowable TowingRates are present today. The following Table 1, broken out into two (2) pages, reflects the app!lcatfon of the CPl to the FY2004 Maximum Allowable Towing Rates. Immediately the CP! calculatlons are Beach Towing Services, Inc., proposed blended rates for simplidty) until such time as the rates approximate the CPI adjusted rates through FY 2014. Table 2, summarizes the effect of the CPI increases to the Average Tow. Beach Towing Services, fnc. Consulting Engagement 579 U'l 00 0 The AMua! Consumer Pr!ce Index obtained from the U.S. Department of Labor for Miami-Fort Lauderdale Region, not seasonally ""'l'",'":v, applied to the applicable Maximum Tow Rates in January 14, 2004 or earlier appHcab!e base rate. Class B Tow!ng C Towing fee ,-1 F<~e Fee Blended Increase of Rates with Embedded CP! Increase $ 12.00 $ 30J'JO $ 35.30 $ 13!Ul0 $ $ 12.00 $ 30.00 $ 35J.IO $ . 145.00 $ $ '15.00 $ 36.00 $ 44.60 $ 151Ul0 $ 165.00 $ 180.00 $ 100.00 $ 201.1.00 $ 22il.OO $ 231:1.00 $ 231UO $ 25!UJO $ 265.00 $ '145.00 160.00 180.00 a} The analySis oft::?! Increases was applied as of FY2005, slm:e the January 14, 2iJ04 determined rncreases were scaled !11 2004and 2005, b) For the periods F¥'200.3 end F\'2014. the Cf'f tncrease used was the 10 year average CPI, calculated at approximately 3.0% !rounded). Beach Towing Services, Inc. Constl!tlng Engagement U'l 00 ~ =~"""""'-="" The Annual Consumer Price Index obtained the U.S. Department of labor for Miami:Fort Region, not seasonally to too Maximum Tow Rates Established in 14, 2004 or earlier applicable bas? rate. r.t!ami ~e:u::h I Mnual CPI% , Cll.y Fee, !ncrnaH Increase of Rates with lncrease $ 2{}.00 $ 6.00 $ 35.00 $ 40.00 $ 36.00 $ 35.00 $ 30.00 $ $ 6.00 $ 41.00 $ 41.01} $ 32.0£.1 $ 4Ul0 $ 32.00' $ 24.00 $ 1.00 $ 44.00 $ SO.O!l $ 33.00 $ 41.00 $ 35.00 --U:GEM:l-t~lUll>!i_ul a) ihe analysis of Cl'l fncreases was applied as of F\'2005, since the January 14, 2004 determined increa5es were scaled In 2004 and 2005. b) For the period> fY2!J13 and M014, the CP! Increase used was the :w year avetage CP!, calculated at approximately 3.0% (rounded). Beach Towing Services, inc. Consulting Engagement '-- U'l 00 f\) The following table summarizes the effect of the Proposed CPI increase$ on the M;;ndmwm A!!owab!e Tow Rates for the Average Tow. Beach Services, Inc. Consulting Engagement Miami Beach City Fee Average Tow fee increase Correa Nelida From: Sent: To: Cc: Subject: Hi Nelida, Select Services [select@selectproduction.com] Tuesday, October 16, 2012 2:09PM Correa, Ne!ida; Winick, Graham Gabriele Schuetz Parking Monroe & Main The same team, Monroe & Main would like 6 parking spaces on 1st Street & Washington, for tomorrow 10/17/12. meter numbers are: 0107003 0107005 0107007 0107009 0107012 0107014 Please send me the form and I Thanks, Ann selectservices don't o~mail unless you gladly fill it out In the interim I am attaching the CC auth. need 1 583 cause GENERAL JURISDICTION CASE NO.: 1 -37364 CA 31 FOR THE AND NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE Inc., through notice of LAW OFFICES Attorney Plaintiff 1111 Lincoln Suite 400 E. ANDRADE, Florida Bar No. 83341 584 to E. ANDRADE, P.A. HIBI B CERTIFICATE OF SERVICE I .HEREBY CERTIFY tha~ a true ami correct of was of December, 201 l to: LA \V OFFICES OF RAFAEL E. ANDRADE, P.A. Suite 400 E. ANDRADE, ESQ. Har No. 83341 2 585 IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION APPELLATE CASE NO. 11-465 LOWER CASE NO.: BOA 3499 BEACH TOWING SERVICES OF MIAMI, INC., Petitioner, v. CITY OF MIAMI BEACH, and 1747 BAY ROAD PROPERTIES, LLC Respondents. ____________________________ ,/ NOTICE OF FILING STIPULATION OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWING SERVICES OF MIAMI, INC., by and through its undersigned cou:nsel hereby serves its Notice of Filing Stipulation ofDismissal with Prejudice in the above-styled matter. CERTIFICATE OF SEBVI'E I HEREBY certifY that a true and correct copy ofthe foregoing was sent via US mail on tbe 1st day of March, 2012, to: Gary Held, Esq., First Assistant City Attorney, City ofMimni Besch, 1700 Convention Center Drive Mimni Beach, Florida 331 Elizabeth Hernandez, Esq., Neisen Kasdin, Esq., and Jennifer Cohen Glasser, Esq., an Senterfitt, Counsel to 1747 BAY ROAD PROPERTIES, LLC, 1 Southeast 3m Ave, Flo 25 Mimni, Florida 33131. E;\ WORK\B\BEACH TOWlNG\d\NoticeDismissal3499 .doc 586 lN THE ELEVENTH JUDICIAL CIRCu1T OF FLORIDA AND FOR IYIIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 11-465 AP LOWER CASE NO.: BOA File No. 3499 BEACH TOWING SERVICES OF MlAlvfl, INC., Petitioner~ v. CITY OF MlAM1 BEACH, and 1747 BAY ROAD PROPERTIES, LLC, Respondents. STIPULATION OF DISMISSAL wrrB PREJm)JCE Petitioner, BEACH TOWING SERVICES OF MIAJ\.11, lNC.,('"BT') and Respondents. CITY OF MIAMI BEACH('.City"), ~-nd 1747 BAY ROAD PROPERTIES, LLC, ("1747), by and through their respective undersigned counsel, hereby, stipulate to the dismissal of the above- styled matter with prejudice, with each party to bear its own costs and attorneys' fees. .AKERMAN SENTERFITT ATTORNEYS FOR RESPONDENT, 1747 ONE SOUTHEAST THIRD A VEh1JE 25m FLOOR MIA ~131 (305 BY: ··-~· NEISEN KASDIN, ESQUIRE FLORIDA BAR NO: 302783 CITY Of MIAMI BEACH ATTORNEY FOR RESPONDENT, CITY 1700 CONVENTION CENTER DRIVE 4m FLOOR MIAMI BEACH, FL. 33139 (305) 673 • 7000 BY: ______________________ _ GARY HELD, ESQUIRE FLORIDA BAR NO: 341949 587 IN THE ELEVENTII JUDICIAL CIRCUIT OF FLORIDA rN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. ll-465 AP LOWER CASE NO.: BOA File No. 3499 BEACH TOWING SERVICES OF~. rnc., v. CITY OF 1vflAMl BEACH, and 1747 BAY ROAD PROPERTIES, LLC, Respondents. ____________________________________________________________ ! STIPULATION OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWIN<J SERVICES OF MlAMl. INC .• ("BT') and Respondents, CITY OF MIA:Ml BEACH('"City"'), "'nd 1141 BAY ROAD PROPERTIES, LLC, ('"1747), by and through their respective undersigned counsel, hereby, stipulate to the dismissal of the above- styled matter with prejudice, with each party to bear its own costs and attorneys' fees. LEVINE & PARTNERS, P.A. ATTORNEYSFORPETnlONER 1110 BRICKEll. A VENUE SUITE700 MlAMI, FLORIDA 33tH (305) 372-1350 BY: ________ _ SUZAN JACOBS, ESQUIRE FLORIDA BAR NO: 380008 AKERMAN SENTERFITT A ITORNEYS FOR RESPONDENT, 1747 ONESOUTHEAST~AVENUE 25m FLOOR MIAMI, FLORIDA 33131 {305)374-5600 BY: ________________ __ NEISEN KASDIN, ESQUIRE FLORIDA BAR NO: 302783 CITY OF MIAM1 BEACH ATTORNEY FOR RESPONDENT, CITY 1700 CONVENTION CENTER DRIVE 4TH FLOOR :MIA'M.l BEA I, FL. 33139 (305) BY: 588 IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION APPELLATECASENO. 11-466 LOWER CASE NO.: BOA 3486 BEACH TOWING SERVICES OF MIAMI, INC., Petitioner, v. CITY OF MIAMI BEACH, and 1747 BAY ROAD PROPERTIES, LLC Respondents. NOTICE OF FILING STIPULATION o:F DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWING SERVICES OF MIAMI, INC., by and through its undersigned counsel hereby serves its Notice of Filing Stipulation of Dismissal with Pr~udice. CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy of the foregoing was sent via US mail on the 1st day of March, 2012, to: Gary Held, Esq., First Assistant City Attorney, City of Miami Beach, 1700 Convention Center Drive Miami Beach, Florida 33139; and Elizabeth Hernandez, Esq., Neisen Kasdin, Esq., and Jennifer Cohen Glasser, Esq., Ak an Senterfitt, Counsel to 1747 BAY ROAD PROPERTIES, LLC, 1 Southeast 3ro Ave, Floo Miami, Florida 33131. LEVINE & P , P.A. ATTORNEY PETITIONER 111 ell 7th M' E:\WORK\!3\BEACH TOWiNGid\NoticeDismiwd3486.doc 589 IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN A.ND FOR .MlNvfl-DADE COUNTY, FLORIDA APPELLATE DIVISION LOVlER CASE NO.: BOA File No. 3486 BEACH TOW1NG SERVICES OF .MlA1vfl, INC., v. CITY OF WAMI BEACH, and 1747 BAY ROAD PROPERTIES, LLC, Respondents. Petitioner, BEACH TOWING SERVICES OF MIAMI, JNC., (''BT"), and Respondents, CITY OF MIAMI BEACH("City"), and 1747 BAY ROAD PROPERTIES, LLC, ("1747), by and through their respective undersigned counsel, hereby, stipu1ate to the dismissal of the above~ styled matter with prejudice, with each party to bear its own costs ~md attorneys' tees. LEVINE & PARTNERS, PA. ATTORNEY ER UHlBRICl SU1TE700 AKERMAN SENTERFITI ATIORNEYS FOR RESPONDENT, 1747 ONE SOUTHEAST THIRD A VENUE 25m FLOOR MIAMI, FLORID (305)374-5600 BY: ___ _ NEISEN KA~mrN, SQUIRB FLORIDA BAR NO: 302783 CITY OF MIAMI BEACH ATIORNEY FOR RESPONDENT, CITY 1700 CONVENTION CENTER DRIVE 4m FLOOR MIAMI BEACH, FL. 33139 (305) 673 ~ 7000 BY: __________ _ GARY HELD, ESQUIRE FLORIDA BAR NO: 341949 590 IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR lv.UAW-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 11-466 AP LOWER CASE NO.: BOA File No. 3486 BEACH TOWING SERVICES OF 1v.nAlv.n, INC .• Petitioner, v. CITY OF :MIAMI BEACH~ and 1747 BAY ROAD PROPERTIES~ LLC, Respondents. ------------------------------~1 STIPULATION OJ' DISMISSAL :!l!l:B Pwypig Petitkm:tr, BEACH TOWING SERVICES OF MIAMI, INC., ('"BT"), and Respondents, CITY OF MIAMI BEACH("City"), and 1747 BAY ROAD PROPERTIES, LLC, ("1141h by and through their respective undersigned counsel, hereby, stipulate to the dismissal of the above- styled matter with prejudice, with each party to bear its own costs and attorneys' fees. LEVINE & PARTNERS, P.A. ATIORNEYS FOR PETITIONER lllO.BRICKELL A VENUE SU1TE700 MlA'Ml, FLORIDA 33131 (305) 372-1350 BY: _______________ __ SUz;AN JACOBS, ESQUIRE FLORIDA BAR NO: 380008 AKERMAN SENTERFITI A ITORNEYS FOR RESPONDENT, 1747 ONE SOUTHEAST THIRD A VENUE zsmFLOOR MIAMI, FLORIDA 33131 {305)374-5600 BY: ________ _ NEISEN KASDIN, ESQLrrRE FLORIDA BAR NO: 302783 CITY OF MIAMl BEACH AITORNEYFORRESPONDENT, CITY 1700 CONVENTION CENT.E:RDRIVE 4TH FLOOR ~ BEA H, FL. 33139 (305)613 . BY: 591 EXHIBI C Frances, Saul From: Rafael E. Andrade, Esq. [ra!ph@randradelaw.com] Sent: Friday, July 2012 2:21 PM To: Brooks, Kathie Cc: Walker, Patricia; Frances, Saul: Gomez, Jorge; 'Russell Galbut' Subject: Notice of Property Taxes 2004-2003 vs. 2011-201 o Attachments: Notice of Proposed Property Taxes 2011-2010.pdf; Notice of Proposed Property Taxes 2004-2003.pdf Dear Ms. Brooks: Please see the attached Public Records for 1349 Dade Boulevard, Miami Beach, Florida 33139. The 2004-2003 Notice Proposed Property Taxes was $37,935.24. The 2011-2010 Notice of Proposed Property Taxes was $58,034.47· This is an increase 53%. Regards, Ralph Rafael E. Andrade, Esquire Law Offices of Rafael Andrade, P.A. 1111 Lincoln Road, Suite 400 Miami Beach, Florida 33139 T 305.531.9511 F 305.673.5734 c 305.216.2028 NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. it is addressed. If you believe received this e-mail in copy or disclose it to anyone If contains a statement to that and do not received e-mail as a client, eo-counsel or retained ""'""'"·'·'"" orwork that IRS CIRCULAR Disclosure: Under U.S. Treasury reg;ll!m:10ns, attachment hereto not intended to be used, and cannot 592 for the use of the indh'idual(s) to whom muu"''""'""-' delete e-mail from your computer and do not in this e-mail to make von a client unless it expect it to hold in confidence. If you nrn,m,rk contents in confidence in order to preserve that any tax advice contained in this e-mail or any Internal Revenue Code. Office of the PrG;;>et'N ApprJ!'Wt ().6 111 NWFkst 5tf<"et .. 5wte 710 Mi~mi, FL 3312fH9M NOT!U Of PROPOSED PROPERTY TAXES AI'IO PROPOSED OR ADOPTED NON-AD VALOREM ASSESSMENTS MIAMHlAllE COUNTY TAXING AUTHORITIES FOLIO: 02-323:>-01 2·0680 \<IILLAG~: CODE: 0200 Vl'iCENT ,J & BAR!:lARA A FESTA TRS 866{)-4 VILLA LA JOLLA DR PROPERTY j .. DDRESS: 1349 DAm: RL VO LEGAL DESCRIPTION: LA JOLLA, CA 92037 TAX INFORMATION fAXING AUTHORITY MIAMI-OAOE COPITY: Co-unty~?tidt' L1lwary PtlllUC SCHOOLS: By State L.~~w By Lo~'~l Hoard MVNICIPAL: Miami Bt-fich WATER MANAGEMENT: SF\'V\'1 Dislrkl Everg!ad" CP INDCP!:NIWI'T O!STRICT: F.!.N.!l. Cb~JdreJJ·s Trust ISLA!'iDVIEWSt:B Pll6-l15 LOTS 11 & !2 llLK 16A LOT SIZE 17936 SQUARE FEET COUJMN4 M NO Rodget Change ~~ Adopted &~!:Rat~ TaM~:i alu~ (rr!il!agej 2,797,03! 5.4275 15,180.89 2,7%,950 5.3600 2,797,031 0.2840 794.36 2,7%,950 0.2799 2.797.(\31 5.6!6\l !5,708.!3 2.7?6,950 5,54(,1 2.797.1131 2.1480 6~87.73 2,796,950 1.2200 2.797,03! 6.2155 17,384.95 5.<){}29 2J97,0Ji 0.5346 1.4%.29 l.797AKH OJJil94 250.05 2.797,031 2.797,031 2.797.031 2,197,031 2.797,03! 9!07, 6:00PM, SCHOOL !lOARDAtll}ITOR!li\1, 1450 NE 2 AVE, MI.4MI,(3115) 995-!226 9!14. 5:01PM, COMMISSION C!lAMilERS. !700 CONVENTIO\ CENl"ER DR, 3 H .. (300) 673-7510 9100, 5:15PM, SF\V\fO AUl!TORWM. 3301 Gt!N Ctt!B RO, B-1 llLOO, WPB. i'L (561) 686-680(! 9116. 6:00PM, DELRA V BEACH COMMISSION C!lAM!IERS, 100 \W i AVE, (56!) 627-3386 9112, 5:01 1'1\1, \lDC WOLfSON CA.\Il'tiS, 300M: 2 A \IE, BLDG J, MIAMI, (.lOS) 571-571.10 PURPOSE OF ASSESSMENT PROPERTY APPRAISER MARKET \IAtUE ASSESSED \IALUE OONOTPAY THIS IS NOT A SILL !563!1 AI 13,439.34 502.0% 1S/f2J.04 5,'19:5.2& 17,384.44 o< the.> PWB!..!C A;;th(lr;tym&y ASSESSMENT 0.00 -------------t------------------·----2~,--~9_7~~~3_1Y----------------------2~,"-97N3_14---------------------- C1JRRENT\IALUE (2011) 2,7%,950 2,7%,950 APPLIES TO 201() RWUCTION AMOUNT 2011 REDUCTION A EXEMPTIONS APPLIES TO 2010 EXEMPTION AMOUNT 2011 EXEMPTION A 1f you feel the market vaiJe ct the pmperty !S mar:cutatt':' or does not tfafiect fa1r mJrket \t.:lLJ-r::, or if you are entit!E-d tO an exemption or dasslfkation that ;s fiOt ref!etted, piease o:::v<tilc~ the Miami-Dade Cou'1ty Office of the ~ropertv ApprZliSer Jt: {78.6} 331-53211 J I 1'\\V 1 STREET STH FLOOR (8;JO AM TO 4:30 P\1) if the PropertY AP:or<J:ser-is urnb!e to resolve the matter cas to market value, da~sifkation or an ~x€mption, you Petition forms are avail<:b:e onl1=1e at Petit1ons mu!<t b-e SH Rf\IER5f SiDE FOR EXPLANATIONS Of THE COLUMNS AaO\/E 593 MIAMI-DADE DEPARTMENT OF P~OPERTV APPRAtSAk 111 NW 1 STREET SUITE 710 ·'1.11AMI . FLORIDA ;a;nza-1884 R/E FOLIO: 02-3233-012-0030 MILLAGE COO&; 0~00 06 VINCENT J & BARBARA A FESTA TRS 0660·4 VILLA LA JOLLA DR LA JOLLA CA 920::11 Public Schools; By State !.aw By 1-oce~l Board wetet• Managernant Dl st:rl ct Evergl .,,o;i<l'$ CP , I nd<~PIH1t!Gt11t ppeclal Dlstr•cts• ·F. I .N.D . . t ChI I dren • s Trust Voter Approved• ·O<J>i:>t P,.ym.,nl:,;, County SCI'lOOI MIamI s,.,.,ch 801lfL41 7878.58 &44.40 HJ?,$4 41.56 53$.70 307.&::1 736,Hi 943.40 1530899 8346.46 4038.51 113$6,1/3 $'13.95 i 53 .09 5!'1.84 5!'!0.03 4315.31 813.85 1145,11 ml ilw mark~ vt.llw of y.;m property i;; ine-• o; ikl*" 11cyt rol!oot :thlr rtwktt vake. ootr~tlwted alx!w, ~ youtoou:rt:Y prot)!idy a~i3er st (305} 375-4021 111 NW 1 S1~EET STH FLOOR (2:20AM TO 4: lf fit~ ~cty aprnaor's off.oo t.; U~J~J.Me ro r-lv~ lhe ma~r o.s eo ~et ""''"'ill' m tliiZm)lti<lo, y.:umay petitio~ fmt:n!l are availab!C1-from fu~ oowrty property SllJ,\11!lu:t and mlJ!Il:i¢ tllro 91! ~r lwft'l:: NOTICE OF PROPOSED PROPERTY TAXES AND PROPOS!D OR AJ)Of'U',D NON-AD VALOREM ASSESSI\-{ENTS 1JONQ.1'PAY ffllS IS NQ'lA .BILL 'l:'b<; W:iml: ~,.r(~ wl!it;;h lory p;op•&y lll.X~s agallwt yoor propmy will awn lwkl l"l!blil:' J:{~u~ ml!dopt~ it!'!d W:l'l>ttS fMlMMX!~. 'l:'b¢ pwp-oftlw$0> ?ubl!o U•arl"fiS !ir m rucetve <~1\llllru~s, from 1M g<:neml public and oo B'll!Mr q~Witk>w ~n 1M ~5«1 t1<:< ~Wmi\"1 a!ld bw:lgtt l!'rk>r T c 'I ald!!g Flool Action. Eacll!rulng s\lfllcrity may Am~ml oc 4lmr .it> ~Is Q! !ht \waring. ISLAND VIEW SUB PS $-11S LOTS 11 & i 2 BLI( 1!! A LOT S ZE 17936 SQUARE FEcf Prope~ty Addr: 13+Q DADE BLVD 7!!34. 38 3615.22 436.31 !}13 .95 1145' 11 A public h~S oo the propOi!ed taxes and b1ld (It will be bi:!d; 9/07, 5:01 PM, COMMISSION CHAMBERS 111 MW 1. ST, MIAMI, Ft. (7$6) 331-!i:!Zi G/06, $:01 PM, SCHOOL GOARD AUD TURIUM 1450 NE a AVE, MIAMI, FL (305) SS$·1226 9/09, 5:01 PM, COMMISSION CHAMBERS 1700 CONYK~!QM CTR DR (305) 673-7$10 fii/07, S : 1.5 PM, $Flii/M D I ST AUO I 'fOR I UM 3301 GUN CLUB RO, WPB (561) SS$-0000 9/00, 6:30 PM, FFI..LSMERE. FL . 9/13, PM, 1450 NE AV'ii, CITY HALL, 21 S, CYPRESS S (5tH) 1>67-33$1! SCHOOL BOARO AUOITDRJUM MIAMI. FL (305) 571-5700 REFER TO CoUNTY PUBL!C HEARING ABOVE. REFEh TO PUBLIC SCHOOk HEARING ABOVE. REFER TO MIAMI BEACH HEARING ABOVE. • S~E REVERSE SIDE FOR eXPLANATIONS. fur odjw;tn;wnt with. the. Va!U< Ad]u~tmtM Boord; SEPT. 20, 2004 Ymlt fu:cllu Nil $aMge,6w, -~u. whkl\ may !l.llt b~ reflect~ on tl!is oot:loe -h •• ~-:M>~Is f~r roads, drai!:mge, ocmw, ot o!lwr g<Jvemll1tllllalsm;iccs :and W;tlitt~ ..tiel! w.ay bt ttvt.ld by yom OO\lllty, ~it:;•, or(<!~)' li!)e<>i>l di$tr.kt 594 EXHIBI D frances Saul From: Rafael E Andrade, Esq. [ralph@randradelaw.com] Sent: Friday, July 2012 10:29 AM To: Brooks, Kathie; Walker, Patricia Cc: Gomez, Jorge; Frances, Saul; 'Russell Galbut' Subject: U.S. Energy Information Administration: Miami, Fl Ali Grades All Formulations Retail Gasoline Prices Attachments: EMM_EPMO_PTE_ YMIA_DPGa.xls Dear Ms. Brooks: Attached, please find data from the U.S. Energy Information Administration for Miami, FL All Grades All Formulations Retail Gasoline Prices from 2004 ($1.967 Dollars per Gallon) to 2011 ($3.696 Dollars per Gallon). The increase is 88%. Please note that the data from the U.S. Energy Information Administration for Weekly Miami, FL All Grades All Formulations Retail Gasoline Prices for the week of 07/23/12 is $3.704 Dollars per Gallon. I hope this information helpful I am also trying to obtain to 2011. Regards, Ralph Rafael E. Andrade, Esquire Offices of Rafael Andrade, P.A 1111 Lincoln Road> Suite 400 Miami Beach, Florida 33139 T 305.531.9511 F 305.673.5734 c 305.216.2028 NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. i\nctr.wcc. clients Property Tax data from 2004 for the usc of the individual(s} to whom it is addressed. If vou believe received this e-mail in or disclose it.to anyone If are not an m111:1ootarety, delete e~mail from your computer and do not a statement to that and do not received e-mail as a client, co·cotmsel or retained attc,rnev-cltent or work product that may he """mw"' IRS CIRCULAR Disclosure: Under U.S. Treasury reWL!lat:ron.s, attachment hereto not intended to be used, and cannot 1 595 in this e~ma.il to make you a client unless it expect it to hold in confidence. If you contents in confidence in order to preserve that any tax advice contained in this e-mail or any the Internal Revenut~ Code. Workbook Contents Click worksheet name or tab at bottom for data Release Date: Next Release Date: Excel File Name: Available from Web Page: Source: For Contact Miami, FL Ail Grades All Formulations Retail Gasoline Prices (Dollars p 7/23/2012 7/30/2012 emm_epmO_pte_ymia_dpga.xls (202) 586-8800 596 Sourcekey 2003 2004 2005 2006 2007 2008 2009 2010 2011 Data 1: Miami, FL AU Grades All Formulations Retail Gasoline Prices (D EMM_EPMO_PTE_ YMIA _DPG Miami, Fl All Grades All formulations Retail Gasoline Prices (Dollars per Gallon) 1.631 1.967 2.443 2.726 2.927 3.447 2.521 2.93 3.696 597 EXHIBIT E Frances Saul From: Rafael E. Andrade, Esq, [ra!ph@randrade!aw,com] Sent: July 2012 8:42AM To: Kathie; Walker, Patricia Cc: Gomez, Jorge; Frances, 'Russell Galbut' Subject: Attachments: Bureau of Labor Statistics Data: Miami Dade County, Florida-Motor Vehicle Towing ATT00072,pdf Ms. Brooks: Attached, please find Bureau of Labor Statistics Dade for Miami-Dade County, Florida, for Motor Vehicle tmving from 2004 to 2011. The increase is 29%. Regards, Ralph Rafael E. Andrade, Esquire Law Offices of Rafael E. Andrade, P.A. 1111 Lincoln Road, Suite 400 Miami Beach, Florida 33139 T 305.531.9511 F 305.673.5734 c 305.216.2028 ralph@randradelaw.com \\'\VVv.randradelavv.com NOTICE: This e-mail is from a law firm, Law Offices of Rafael E, Andrade, P,A it is addressed, If vou believe received this e-mail in or disclose it \o anvone If are not an stateinent to that and do not e-mail as a client, co-counsel or retained or work that may be IRS CIRCUL!\.R Disclosure; Under UB. Treasury attachment hereto not intended to be used, and caniwt From: "Brooks, Kathie" To: "'Rafael E. Andrade, Esq.'" for the use of the individual(s) to ;vhom im;:ne(liately, delete e-mail from your computer and do not in this e-mail to make vou a client unless it expect it to hold in confidence, H you contents in confidence in order to preserve the that any tax advice contained in this e-mail or any the Internal Revenue C()('le- Patricia" "frances, Saul" "'Russell Galbut'" Subject: Federal Minimum Wage: 2004 vs. 2012 Date: Thu, Jul 26, 2012 7:20pm That ! was for more re average wage rates from the Bureau of labor Statistics~ or even any for the Miami-Fort lauderdale area. Trish: lets touch bases in the am, 1 598 1700 Convention Center Drive. Miami Beach. FL 33139 Tel: 305-673-7010 / Fax: 305-673-7782/ WINW.miamibeachfLgov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant. tropical, h1storic commumty From: Rafael E .. Andrade, Esq. lilll~~l!i2!Jl(g!I:f1llii1S'l£~~0Qtl}J sent~ Thursday, July 2012 5:28 PM To: Brooks, Kathie; Walker, Patricia Cc:: Gomez, Jorge; Frances, Saul; 'Russell Galbut' Subject: Federal Minimum Wage: 2004 vs. 2012 Dear Ms. Brooks and Ms. Walker: The Federal Minimum \Vage was $5.15 in 2004. The Federal Minimum Wage in 2012 is $7.25. This reflects approximately a 41% increase from 2004 to 2012. Is this the of supporting information that you are seeking? Regards, Ralph Rafael Andrade, Esquire Law Offices of Rafael E. Andrade, P .A 1111 Lincoln Road, Suite 400 Miami Beach, Florida 33139 T 305.531.9511 F 305.673.5734 c 305.216.2028 NOTICE: This e-mail is from a law fim1, Law Offices of Rafael E. Andrade, P.A. individual(s) to whom it is addressed. believe you received this e-mail in error, from your computer and do not it to else. If you are not an this e-mail to make you a client expect it to hold in confidence. its contents in confidence in order Disclosure: Under L .S, Treasurv reguta·t10ras, is not intended to be used, , to inform you that anv tax advice contained in this e-mail · under the Internal Revenue Code, or 2 599 Bureau of Labor Statistics Data A to Z Index I FAQs I About BLS I C0!1\:i!ct Us Subscrhe to E"mai Updates Ill FcliowUs I What's New I Release Calendar I Site Map Search BLS.gov -Home I Subject Areas Databases & Tools Publications Economic Releases I Beta Databases, & Calculators by Subject FONT SJZE: Change Output Options: From: 2004 To: 2011 !!) 1 Include graphs Data extracted on: 26, 2012 Quarterly Census of Employment and Wages Series Id: State: Area: Industry: Owner: Size: Type: 26,000 20,0vc• 1>------;-----r---~--.....,....---r-----;-----i 2004 2005 2006 2001 2008 2009 2010 2011 Download: TOOLS CAlCULATORS HELP INFo RESOURCES Areas at a Glance Inflation Help & Tutorials Whs.fs New Inspector General (OIG) Industries at a Glance Location Quotient FAQs Careers @ BLS Budget and Performance Economic Relea<;es hjury And Illness Glossary Find tt! DOL No Fear Act 1 of2 600 Bureau of labor Statistics Data 2 of2 Databases & Tables Maps AboutBLS Contact Us Join our 1\Aailing Lists Linking & Copyright Info USA.gov Benefits.gov Disability.gov Freedom of lnfOI'matioo Act 1 Privacy & Secwity Statltment I Pisdaimers 1 Customer Survey 1 I~nt Web Sire Notices U.S. Bureau of Labor Statistics I Postal Square Building, 2 Massachusetts Avenue, NE Washington, DC 20212·0001 www.bls,goy I Telephone: 1·202-691·5200 I TDD: 1-800·877-8339 1 CoJJta.d. .. Us. 601 u... r--....... m I X w 602 X w 603 I I--m X w 604 1--....... OJ ....... :r X w 605 RESOLUTION TO BE SUBMITTED 606 THIS PAGE INTENTIONALLY LEFT BLANK 607 R9 NE BUSINESS AND C ISSION RE UESTS OFFI:::E OF THE CITY CLERK, Rofoel Granado, Clerk Tel 673·7 41 1, (305) 67P254 COMMISSION MEMORANDUM To: Mayor Matti Herrero Bower and Members of the From: Kathie G. Brooks, Interim City Manager Dote: October 24, 2012 Subied: BOARD AND COMMITIEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL PAGE Community Development Advisory Committee Community Relations Board Fine Arts Board Marine Authority 14 17 14 7 service and Commissioner Deede Weithorn Commissioner Jerry libbin Commissioner Jorge Exposito Commissioner Michael Gongora Commissioner Jerry libbin Kathie G. Brooks, Int. City Manager Commissioner Deede Weithorn Commissioner Michael Gongora Commissioner Jerry Ubbin Mayor Matti Herrera Bower Page 11 Page 13 Page 21 Page 30 Agenda Item all who five, work and in< Date 609 BOARD OR COMMITTEE: Miami Beach Commission For Women Miami Beach Cultural Arts Council Miami Beach Human Rights Committee TOTAL MBR.S. 21 9 5 Miami Beach Sister Cities Program 24 Normandy Shores local Gov. Neighborhood !mpv. Safety Committee Single Family Residential Review Panel Tennis Advisory Committee 3 14 3 7 APPOINTED BY: TOTAL PAGE Commissioner Ed Tobin City Commission City Commission Mayor Matti Herrera Bower City Commission Commissioner Jorge Exposito Kathie G. Brooks, Int. City Manager Commissioner Deede Weithom Commissioner Ed Tobin Commissioner Jerry libbin Commissioner Jorge Exposito Commissioner Michael Gongora Mayor Matti Herrera Bower Page 31 Page 32 2 Page 33 3 Page 34 Page 36 1 Page 44 3 Page 45 1 Page 47 Attached is breakdown by Commissioner or City Commission: KGB:REG/sp 610 First Name Finance & Citywide Projects Committee Chairperson Commissioner Deede Weithorn Mayor Bower Vice-Chair Commissioner Jorge Exposito Mayor Bower Member Commissioner Michael Gongora Mayor Bower Alternate Commissioner Jerry Libbin Mayor Bower Liaison Patricia Walker, Chief Financial Off. Land Use & Development Committee Chairperson Commissioner Michael Gongora Mayor Bower Vice-Chair Commissioner Jonah Wolfson Mayor Bower Member Commissioner Jerry Ubbin Mayor Bower Alternate Commissioner Ed Tobin Bower Liaison Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Commissioner Edward L. Tobin Mayor Bower Vice-Chair Commissioner Jerry Libbin Mayor Bower Member Commissioner Jorge Exposito Mayor Bower Alternate Commissioner Jonah Wolfson Mayor Bower Liaison Barbara Hawayek, Building Dept Wednesday, October 10,2012 Page 1 of 1 611 NON-CTIY COMMISSION COMMITTEES Ricky Arriola Term ending May 2014 Mitchell Kaplan Term ending September 2012 Richard Milstein Term ending July 2014 The Adrienne Arsht Center for the Performing Arts Center Trust Mayor Matti Herrero Bower Citizens Oversight Committee Greater Miami Convention and Visitors Bureau (GMVB) Tourism Development Council Reappointed 1/2012 Metropolitan Planning Organization (MPO) Commissioner Deede Weithom Miami-Dade County Homeless Trust Board Commissioner Michael Gongora Miami Dade league of Cities Vacant Dade Cultural Alliance Vidor Diaz effective 4/11/2012 Miami~Dade County Charter Review Task Force. F:\CLER\BOARD AND COMMITTIES DATABASE\NON-C!TY COMMISSION COMMITTEES.doc 612 Board and Committees Current Members Affordable Housing Advisory Committee Composition: Sac. 2-1137 The committee shall consist of eleven (11) voting with two year terms appointed at large by a vote of the Mayor and City Commission: One citizen: 1) actively engaged in the residential home building industry in connection with affordable housing; actively engaged in the banking or mortgage banking industry in connection with affordable housing; 3) two who have resided in one of the city's historic districts for at least one year, and have demonstrated interest and knowledge in urban design and the preservation of historic buildings. 4) actively as a for-profit provider of affordable housing; 5) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member); actively engaged as a real estate professional in connection with affordable housing; 8) actively serving on the local planning agency pursuant to Florida Statute§ 163.3174 (Planning member); who resides within the jurisdiction of the local governing body the appointments; 10) who represents employers within the jurisdiction; who represents essential services personnel as defined in the local housing assistance plan. Members of the Loan Review Committee1 members of the Community Development Advisory Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to conflict of interest by prospective appointees1 or other reasonable factor, the City is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. City Liaison: Richard Bowman Members: Name Last Name Amy Perry Arian Adorno Charles Urstadt David Smith Guy Simani Jeremy Glazer Juan Rojas Mark Wohl Muayad Abbas Robert Sa land Stephanie Berman Applicants Andrew Fischer Gotlinsky Barbara Karen Fryd Position/Title (1 i) Rep, Essential Serv. (9) Res. Juris Local Govt (8) Local Plann. Bd. (3) Rep. Labor Home Bid. (10) Rap. Empl. With/Juris. (4) Low-Income Adv (2) Banking/Mortgage (7) Real Estate Prof. (5) For Profit (1) Res. Home Bldg. (6) Not for Profit Position/Title Term Ends: Appointed by: Term Limit: 12/3112013 City Commission 12/3112013 City Commission 12/31/2012 City Commission 1213112012 City Commission 1213112013 City Commission 12/3112013 City Commission 12/31/2012 City Commission 12/31/2013 Commission 12/3112012 City Commission 12/3112012 City Commission 12/3112012 City Commission Applicants Position!fitle Dr. Barry Ragone Julio Lora Marie Towers 613 Page 1 of 52 12131/17 12/31/17 12/31/17 12/31/14 12/31117 12/31/17 12131/16 12/31/17 12/31/17 12/31/14 i 2/31/14 Board and Committees Current Members Art in Public Places Composition: Two (2) year term. Appointed by a minimum of 4 votes. Sec. 32-561 Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of competence in evaluation of art history and architectural history, art, architecture, sculpture, artistic structure design and other appropriate art media for display or integration in public places. City liaison : Dennis Leyva Members: Name Last Name Positionfride Elizabeth Resnick (TL 12/3112012) James Lloyd Janda Wetherington Usa Austin Lisette Ofemberg- Goldstein Megan Riley Rhonda Mitrani-Buchman (TL 12/31/2012) Applicants Adrian Gonzalez Annette Fromm Antoinette Zel Cindy Brown Position/Title Dale Stine Elizabeth Schwartz Francis Trullenque Kathleen Kowall Lisa Austin Mark Alhadeff Molly Leis Rosemarie Murillo Likens Wetherington Janda Zoila Dalorre Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12131112 12131/2012 City Commission 12/31/16 12131/2012 City Commission 12/31116 12/31/2013 City Commission 12131/17 12/31/2013 City Commission 12/31/14 12/3112012 City Commission 12/31/16 12/31/2013 City Commission 12/31/12 Applicants Position/Title Ana Cordero Anthony Japour Britta Hanson Claire Warren David Lombardi Emma DeAibear Jonathan Porcelli Leslie Tobin Maria Rodriguez Merri Mann Patricia Fuller Silvia Ros Zarco Cyn 614 Page 2 Board and Co1nmittees Current Members Beautification Committee Sec. 2-36 Composition: Eight (8) members, seven of whom shall be direct appointees the Mayor and City Commissioners. The chairperson of the Mayor's Ad Hoc Garden Center and Conservatory Advisory Committee or who shall serve as a non-voting ex-officio member. City Liaison: John Oldenburg Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Daniel Nixon 1213112013 Commissioner Deede Wei!hom 12/31/15 Lidia Resnick 12131/2013 Commissioner Michael G6ngora 12/31/17 Lucero Levy 12/31!2013 Commissioner Jorge Exposito 12/31/17 Maria Koller 1213112012 Commissioner Jonah M. Wolfson 12/31/15 Moni Cohen 12131/2012 Commissioner Jerry Libbin 12131/18 Silvia Ro!bart 1213112012 Mayor Matti Herrera Bower 12/31/14 Terry Blechman 1213112013 Commissioner Ed Tobin 12131118 Ex·officto Chair of Mayor Ad·Hoc Garden Center Applicants Ana Cordero Cindy Brown Darin Feldman Dr. Corey Narson Francinelee Hand Lily Furst Mitchell Korus Steven Gonzalez Position/Title Applicants Christopher Todd Daniel Novela Dina Dissen Flavia Lowenstein-Eiortegui Kay Coulter Marivi Iglesias Rabbi Daniel Sherbili Tlva Leser 615 Posi!ioniTitle Board and Committees Current Me1nbers Board of Adjustment Composition: RSA 1-2 Sec 118- Two (2) year term. Appointed a 5/7th vote. Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed each the following categories (no more than one per category), Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; member representing general business shall be of responsible standing in the community; the member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Analyst, Certified Financial Planner, a Chartered Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as having similar credentials and duly licensed by the State of Florida. Members shall be apppointed for a term of two years by a five-seventh vote of the city commission. Members of the Board of Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the Board of Adjustment City liaison: Antonieta Stohl Members: Name Last Name Andrew Resnick Bryan Rosenfeld Elsa Urquiza Joy Malakoff Lior Leser Richard Pre ira Sherry Roberts Applicants Alan Fishman Avi Ciment Dov Konetz Jessica Conn Josh Gimelstein Micky Ross Steinberg Robert Newman Position/Title Real Estate Developer CPA At-Large At-Large Financial Consultation Law General Business PositioruTitle Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/15 12/31/2013 City Commission 12131/15 12/31/2013 City Commission 12131/17 12/31/2012 City Commission 12131/16 i 2131/2013 City Commission 12/31/13 12/31/2012 City Commission 12131/16 12131/2013 City Commission 12131/13 Applicants Atala Anthony Brian Ehrlich Gabriel Paez Jonathan Beloff Michael Bernstein Noah Fox Roberta Gould Position/Title 616 Board and Committees Current ~{embers Budget Advisory Committee Sec. 244 Composition: Nine members. Seven (7) direct appointments with Mayor and each Commissioner making one appointment. Two at-large appointments: one (1) certified public accountant and one for a financial advisor. City Liaison: Kathie Brooks Name Last Name Antonio Hernandez Sr. David lancz Dushan Koller Jack Benveniste Jacqueline Lalonde John Gardiner Laurence Herrup Marc Gidney Stephen Hertz Applicants David Richardson Eric lawrence Gregory Carney Lance Richardson Noah Fox Regina Suarez Ronald Starkman lttonday, October 15, Position/Title Financial Adv. C. P. A. Position/Title Term Ends: Appointed by: Term Umit: 12/3112013 Commissioner Jorge Exposito 12131/16 1213112012 Commissioner Deede Weithom 12/31/Hl 12/3112013 Commissioner Jonah M. Wolfson 12131/15 12/31/2013 1213if2012 12131/2012 !2/31/2013 12/31/2012 12/3112012 Applicants Dwight Kraai Gerhard Rima Jared Plitt lise Were Mayor Matti Herrera Bower City Commission Commissioner Jerry Libbin Commissioner Michael Gongora City Commission Commissioner Ed Tobin Position/Title Oliver Oberhauser Rima Gerhard Page J of 52 617 12/31/15 12/31/16 12/31116 12/31/17 12/31/14 12/31/16 Board and Contmittees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee consist of nine voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected three nominees. The membership of the committee further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At !east two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general or b. deveioperi 4. Two (2) members be selected with experience in following technical the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. The remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 6. One non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related to the committee. City Liaison: Fernando Vazquez Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Brian Ehrlich (C3) Developer 12/31/2013 City Commission 12131/14 Christina Cuervo (C5) Developer 12/31/2013 City Commission 12131/13 Dwight Kraai (2) Engineer 12/31/2012 City Commission 12/31/13 Eleanor Carney (C4) At-large 12131/2013 City Commission 12131115 Elizabeth Camargo (C2) Architect i 2/31/2013 City Commission 12/31/13 Robert Rabinowitz (C5) Engineer 12/31/2012 City Commission 12/31/17 Saul Gross Mayor Designee 12131/2013 Mayor Matti Herrera Bower 12/31!15 S!acy Kilroy (C3) ConstiGen Contrac 12/31/2012 City Commission 12/31/13 Tony Trujillo (C4) Cap.Budg/Finance 12/31/2012 City Commission 12131/16 Applicants Position/Title Applicants Position/Title 618 Board and Co11U11ittees Current Members Annsheila Turkel Cheryl Jacobs Gerhard Rima lvette Isabel Borrello James Lloyd Michael Laas Ronald Starkman October 15, 2012 Atala Anthony Christian Folland Guy Simani Jacobs Jacobs Josh Gimelstein Rima Gerhard 619 Page 7of Board and Com1nittees Current Members Committee for Quality Education in l\1B Sec. 2-190.134 Composition: The committee shall consist of fifteen voting members and three non-voting ex-officio members to be comprised as follows. A representative from each of the following eight schools, selected by the Parent Teacher Association: North Beach Elementary, Biscayne Elementary, Feinberg-Fisher Elementary, South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad Elementary School, Treasure Island Elementary School, and seven members of the with knowledge or expertise with to education issues who shall be direct appointments by the mayor and commissioner with no more than three who can be or contracted Miami-Dade County shcoo!s. The City Commission shall designate two its members to serve as City Commission liaisons who shall report to the Commission actions of the Committee for Quality Education; the City Manager further designate a member city staff to serve as a liaison who shall report the Committee's actions to the City Manager. City Liaison: Leslie Rosenfeld Members: Last Name Position/Tide Term Ends: Appointed by: Term Limit: Beverly lvette Isabel Karen Kay Keren Sheila Tiffany Elisa leone Heidi Ivette Birba Jill Swartz Leslie Rosenfeld Usa Simon Heller 12131/2012 Borrello 12131/2013 Rive 12!31/2013 Coulter Bajaroff Duffy-Lehrman Heckler 12/31/2013 12/31/2012 12/31/2012 12131/2012 Rep. of the PTA for Biscayne Elementary 06/30/13 Rep. of PTA for Nautilus Middle School 06/30/13 Rep. of the PTA for Feinberg Fisher Elem, 6/30/13 Rep, of the PTA for MB sr. High School -06/30/13 ACM/City Manager designee Rep. PTA for Ruth K. Broad Elementary · 6/30/13 Maria Hosu Rep. of the PTA South Pointe Elementary -6/30/13 Matti Herrera-Bower City Commission """"m'~"' Rebeka Cohen Rep. of the PTA North Beach Elem. School-6/30/13 Sofia Emuriel Vacant Applicants Rep. of PTA for Treasure Island Elem. 06/30/13 City Commission designee Position/Title Applicants 620 Mayor Matti Herrera Bower 12/31/16 Commissioner Jonah M. Wolfson 12/31/17 Commissioner Deede Weithom 12/31/15 Commissioner Jerry Libbin 12/31/13 Commissioner Ed Tobin 12/31/15 Commissioner Jorge Exposito 12/31/17 Commissioner Michael G6ngora 12/31/Hl Position/Title Board and Co1n1nittees Current Mentbers Aida EI·Matari Jill Swartz Kathleen Kowall Laurie Kaye Davis Maria Cifuentes Marrero Mia Glick Elaine Litvak Judith Berson-Levinson Laura Cullen Loren Pearson Marjorie York Rober! Fairless 621 ,, Page9 Board and Committees Current Me1nbers Committee on the Homeless Composition: committee shall consist of nine (9) members, three to be appointed by the Mayor and each Commissioner to appoint one Sec. 2-161 The chairperson of the Committee on the Homeless or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. Each member of the committee shall be selected from membership in an organization such as, but not limited to the following: Service Providers: Douglas Gardens Community Mental Health, Salvation Army1 Better Way, Miami Dade County Homeless Trust; (Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach Partnership), lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel Association), South Pointe Pointe Advisory Board to the Red. Agency); member of the general public with personal experience homeless Issues CDBG Project Coordinator (ESG Emergency Grant Provider), city officials 1 representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Katherine Martinez Members: .'Jame Last Name Annsheila Turkel Cary Yee Quee Dale Gratz Gail Harris Jonathan Kroner Lisa Ware Prakash Kumar Rabbi Daniel Sherbill Rachael Zuckerman Applicants Deborah Ruggiero Eda Valero-Figueira Helen Swartz Kumar Prakash Mitchell Korus Rosalie Pincus Stephanie Berman lViomlay, Position/Tide Position/Title Term Ends: Appointed by: 12/31/2013 Mayor Matti Herrera Bower i 2/31!2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/31/2012 Commissioner Ed Tobin Term Limit: 12/31/19 12/31/19 12/31/14 12/31116 12/31/2013 12/31/2012 12/31/2012 1213112012 12i31/20i 3 Commissioner Jorge Exposito 12/31/17 Commissioner Jonah M. Wolfson 12/31/13 Commissioner Jerry Libbin 12131116 Commissioner Michael Gongora 12!31/1 9 Commissioner Deede Weithom 12/31/17 Applicants Debra (Debi) Quade Emma DeAibear Ida Perea! Luis Iglesias-Ramirez Rocio Sullivan Rosemarie Murillo Likens 622 Position/Title Page UJ Board and Committees Current Menzbers Community Development Advisory Committee Composition: Sec. 2-190.110 Committee shall be composed of fourteen members. The Mayor and Commissioners shall each make tvvo (2) direct appointments. The fourteen (14) appointees shall fulfiH the city affiliation requirement in either of the ways: 1) At least seven (7) shall either be: (a) Miami Beach for a minimum of six months, in non-target areas or (b) either residents, or non-residents, who hold a leadership position in organizations that provide community development services to low and/or moderate-income people or neighborhoods, preferably the provided, however, the organization the appointee holds such position in cannot be a current or future recepient of city CDBG or HOME funds. The remaining appointees shall either be: a) A resident or a locally desginated community development target area for a miminum of six (6) or, b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a locally designated community development target area for a minimum of six (6) months. Liaison: Brian Gillis Vacancy: Members: Name Adam Christina Dona Harvey James Karen Mark Michael Rachel Zachary Applicants Arian Adorno Derrek Steele Jean Fils Jeffrey Graff Kay Coulter to replace Josh Gimelstein To replace Robert Fairless To replace Jay Parker To replace Aida El~ Matari Last Name LaBuzetta Zemo Burstein Weingarten Fryd Hayes Bernstein Umlas Cohen Position/Title (TL 12/3i/20i2) Position/Title 12/31/2013 Commissioner Michael 12/31/2013 Commissioner Jerry Ubbin 12/31/2013 Commissioner Jorge Exposito 12/31/2012 Commissioner Deede Weithom Term Ends: Appointed by: Term Limit: i 2131/2012 Commissioner Deede Weithom 12131/19 12131/2012 Commissioner Jonah M. Wolfson 12131/19 12131/2012 Mayor Matti Herrera Bower 12/31/17 12131/2013 Commissioner Ed Tobin 12/31/14 12131/2012 Commissioner Ed Tobin 12/31/18 12131/2013 Mayor Matti Herrera Bower 12131/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12!31/2012 12/31/2012 12/31/2013 Applicants Bruce Klaiber Commissioner Jerry Libbin Commissioner Jorge Exposito Commissioner Michael Gongora Position!fitle Dr. Barry Ragone Jeffrey Feldman Juan Rojas Mark Wohl 11 of52 623 12/3i!16 12/31/12 12/31/19 Board and Committees Current Members Michael Rotbart Russell Hartstein '"' "''"' '"''' i!Jomlay, October 15, 2012 Page 12 624 Board and Contmittees Current ... ~fentbers Community Relations Board Composition: The board shall consist of seventeen (17) members. Eleven (11) members sham be voting members to be appointed in following manner: Seven direct appointments, with the Mayor and each City Commissioner appointing a member. Three members be appointed by City Manager and one (1) ex-officio member shall be appointed by the Miami-Dade Community Relations Board from its membership. Four (4) non-voting, ex-officio shall be the chairpersons or designees of the following: Commission on the Status for Women Committee on the Homeless, Hispanic Affairs Committee, and Police/Citizen Relations Committee. Two (2) non-Voting ex-officio,: the police chief or his or her designee and the director of the Bureau of Children's Affairs. The composition of the board shall be reviewed every two years. City Liaison: Lynn Bernstein Vacancy: Members: Name Adam Barbara Brad Darin Debra Laurie Rabbi Solomon Robert Usa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants To replace Jacobo Epelbaum 12/31/2012 Kathie G. Brooks, Int. City Manager To replace Solomon Genet 12/31/2012 Commissioner Jerry Ubbin Last Name Position/Tide Term Ends: Appointed by: Tenn Limit: Kravitz 12/3112013 12131/2012 12131/2013 12/31/2013 Montero Fleet Feldman Schwartz 12131/2012 12131/2012 i 2/31/2013 12131/2013 Davis Schiff Sen a ex-officio of Police Citizens Relations Committee ex-officio of Miami-Dade Comm. Relation Board ex-officio Police Chief Designee ex-officio of the Committee on the Homeless ex-officio Director of the Bureau Childrens Affair ex-officio of MB Commission for Women ex-officio of Hispanic Affaws Committee Positionffitle Applicants Commissioner Jonah M. Wolfson 12!31/19 Commissioner Jorge Exposito 12/31/15 Commissioner Deede Weithom 12/31/13 Kathie G. Brooks, Int. City 12131/19 Manager Commissioner Ed Tobin 12/31/15 Jorge M. Gonzalez, Manager 12/31/13 Mayor Matti Herrera Bower 12131115 Commissioner Michael Gongora 12131/19 Position/Title i'rlomlay, October 15, 2012 625 Board and Committees Current Members Claudia Moncarz Dale Gratz David Alschuler Derrek Steele Eliane Soffer Irene Valines Ivan Rusilko Jacobo Epelbaum Jean Fils Lori Gold Luis Herrera Mia Glick Sofia Emuriel Troy Fabien 626 Board and Com1nittees Current Members Convention Center Advisory Board Composition: The board shall consist of seven voting members. The Mayor and each Commissioner shall make one direct appointment. Sec. 2-46 The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non voting ex-officio member. The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a non voting ex-officio member. Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the city manager's office shall serve as non-voting ex-officio members. City Liaison: Lenny Timor Members: Name Last Name Position/Tide Term Ends: Appointed by: Term Limit: Frank Jason Joshua Leon Roger Stuart Tim Kruszewski Loeb Wallack Manne Abramson Blumberg Nardi 12/3112013 Commissioner Jonah M. Wolfson 12/31/18 ex-off. Global Spectrum Adm Rep. ex-officio, GMCVB Adrn Rep 12/3112012 12/3112012 12/3112013 i2/31f2012 i2/31f2013 1213112013 Commissioner Jorge Exposito Commissioner Ed Tobin Commissioner Jerry Libbin Commissioner Michael Gongora Mayor Matti Herrera Bower Commissioner Deede Weithorn Bob Balsam Ita Moriarty Vacanr Vacant ex-officio, Chairperson Bd. Of Dir. MBCC ex-officio member of the City fvlanager's Office Applicants Barbara (Bunny) Patchen Eric Lawrance Gayle Durham Liliam Lopez Michael Rotbart Robert Newman Steve Berke 15, 2012 Position/Title Applicants David Lombardi Gabrielle Redfern Goilinsky Barbara Mark Wohl Michael Steffens Recio Sullivan 627 Position/Title 12/31/18 12/31/19 12/31/13 121311i6 12f31/15 12/31/17 Boartl anti Comtnittees Current Members Debarment Committee Sec. 2-190.128 Composition: committee consist of seven (7) voting members to be individually appointed the Mayor and Commissioners. The committee's purpose is to evaluate and 1 if warranted 1 to impose debarment as provided in Sections 2-397 through 2-406 of the City Code to exclude a contractor (and 1 in limited !nd'"'"'""'" a bidder or proposer) from city contracting and city approved subcontracting. City liaison: Procurement Director Members: Name Last Name Anthony Broad Antonio Hernandez Jr. Darius Asly Dr. Ronald Shane Joseph Hagen Melvyn Schlesser Stephen Zack Applicants Brian Richard Zachary Cohen 1'rfomlay, October I 5, 2012 Position/Title (TL 12/31/2012) (TL 12/31/2012) Positionffitle Term Ends: Appointed by: Term Limit: 12131/2012 12131/2012 12131/2013 12131/2013 12/3112013 12/3112012 Commissioner Ed Tobin 12/31/16 Commissioner Michael Gongora 12/31/18 Commissioner Deede Weithorn 12/31/17 Commissioner Jerry libbin 12/31/17 Commissioner Jonah M. Wolfson 12/31/15 Commissioner Jorge Exposito 12/31/12 1213112012 Mayor Matti Herrera Bower 12131/12 Applicants Position/Title Lance Richardson Page 16 628 Board and Committees Current Members Design Review Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular members. The seven regular members shall consist of: 1) two architects registered in the Untied States; Sec, 11£!.71 an architect registered in state Florida or a member of the faculty of the school of architecture, urban planning 1 or urban design in the state, with practical or academic expertise in the field of design, planning/ preservation or the history of architecture, or a professional practicing in the fields of architectural design, or urban planning; 3) one landscape architect registered in the state of Florida; one architect registered in the United States, or a profesional practicing in the fields of architectural design, or urban planning, or a resident with demonstrated interest or background in design or an attorney in good standing licensed to practice law within the United States; and 5) two citizens at large. One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or designee and the City Attorney or designee shall serve in an advisory capacity. Residency and place of business in the county. The two (2) members and one of the registered landscape architects, registered architects, professional designer or professional urban planners shaH be residents of the city. City Liaison: Thomas Mooney Members: Name Carol Jason Leslie Lilia Manuel Marilys Seraj Last Name Housen Hagopian Tobin Medina Minagori Nepomechie Saba Position/Title At-large Registered Architect Registered Architect Urban Planner At-large Architect Landscape Architect Gary Held Richard Lorber Vacant advisory/City Attorney Designee advisory/Acting Planning Director ex-offido/Disabillty Access Committee Applicants Alexander Annunziato Bryan Rosenfeld Elsa Urquiza Jane Gross Jessica Conn Ray Breslin Seth Wasserman 15, Position/Title Term Ends: Appointed by: Term Limit: 1213112012 City Commission 12/31/16 12131/2013 City Commission 12/31/15 12/31/2013 City Commission 12131/16 12/3112012 City Commission i 2131/15 12/31/2013 City Commission 12/31/17 12131/2012 City Commission 12/31/17 12/31/2013 City Commission 12131/13 Applicants Position/Title Bri!ta Hanson Elizabeth Camargo Francis Steffens Jean-Francais Lejeune John Stuart Roberta Gould Steve Berke 629 Board and Committees Current Members Zarco Cyn 10!2 630 Board and Cotn1nittees Current Members Disability Access Connnittee Composition: The Committee shall be composed of: 2006-3500 s 2-31 A board quorum of eight (8) members and requiring at least eight (8) votes for board action. Fourteen (14) voting members who shall be direct appointees the f'v1ayor and City Commissioners. 1) persons having mobility impairments; deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community; mental, or developmental disabilities; 4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care rehabilitation), One non-voting ex-officio member who is either a member of the disable community or has special knowledge of Americans with Disabiities Act (ADA) issues. As per ordinance 2011-3731, in addition to other power and duties, the chairperson of committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibllty related issues and reporting to dissability access committee on matters set forth in subsection (b) so that the disability access committee may provide recommendations to the city departments specified in subsection (b) or to the city commission. As per Ordenance 2012-3757 amended Sec. 2-31(D) to increase the number of members from to fourteen and amended the quorum requirement City Liaison; Duane Knecht Vacancy: Ex-officio member Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Andrea Lisa Travaglia 12131/2012 Commissioner Jorge Exposito 12/31/19 Andrew Feuerstein i 2/31/2012 Commissioner Jerry Llbbin 12131/19 Barbara GoWnsky 12131/2013 Commissioner Ed Tobin 12131/19 David New 12!31/2012 Commissioner Deede Weithorn 12131115 Dr. Susan Solman 12131/2013 Commissioner Deede Weithorn 12131/19 Elaine Litvak 12/31/2012 Commissioner Michael G6ngora 12/31/19 Helen Swartz 12/31/2013 Commissioner Michael G6ngora 12/31/18 John Bennett 12!31/2013 Commissioner Jonah M. Wolfson 12131/13 Lawrence Fuller 12/31/2013 Commissioner Jerry Libbin 12113/13 Lee Weiss 1213112012 Commissioner Jonah M. Wolfson 12/31/19 Russell Hartstein 1213112013 Mayor Matti Herrera Bower 12/31/19 Sabrina Cohen 42131/2012 Commissioner Ed Tobin 12/31/17 Susana Maroder-Rivera 12131/2013 Commissioner Jorge Exposito 12/31/19 Wendy Unger 12131/2012 Mayor Matti Herrera Bower 12131/16 Ex-officio member > '"' "' ,< "''' <'~'.~ ,, M ·''• >'>-~ " • •'' ·'" e ->-••• , """''~'' "' ,,, ,,._., {.;.'< '"'''"'-''"•"-•'•"-'"'"'" "'""'• '"' o o Y-,,-" >.,>.,,,, #V·'"'-• V"-.C "~' V'' i'~1ondl(F, October 15, 20!2 Page 19 of 52 (Continued. ... 631 Board lind Co1nmittees Current Members Applkants Arm Thomas Rafael Trevino Monday, October 15, 2012 Position/Title Applicants Rabbi Solomon Schiff 632 Position/Title Page 20 of 52 Board and Committees Current At embers Fine Arts Board Reso 2000-24216 Composition: Fourteen (14) members with Mayor and City Commissioners appointing two (2) members each. The Miami Beach Fine Arts Board promotes the work of contemporary visual and cultural artists, enhances the appreciation for the arts in the at and provides economic stimulation to under served neighborhoods. City Liaison: Gary Farmer Vacancy: To replace Seth Frohlich To replace Judy Adler Members: Name Last Name Position/Title Britta Hanson Carrie Wiesenfeld Deborah Ruggiero Ellen Brazer Jamie Dokovna Judith Berson-levinson Melissa Michael Monica Nathaniel Tamra Tiva Applicants Allan Hall Beverly Heller Dale Stine Dina Dissen Broad McManus Minagorri Kern Sheffman Leser Flavia Lmven;sten1-!:lmteo Francis Trullenque James Weingarten Jeffrey Feldman Josephine Pampanas Marjorie O'Neill-Butler Mia Glick Patti Hernandez Zahara Mossman Position/Title 12/31/2013 Commissioner Michael Gongora 12/31/2013 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 1213112013 Commissioner Jorge Exposito 12/31/19 12131/2013 Mayor Matti Herrera Bower i 2/31/15 1213112012 Commissioner Jerry libbin 12/31118 12131/2012 Commissioner Jorge Exposito 12/31/17 12/31/2012 Commissioner Michael G6ngora 12/31/17 12/3112013 Commissioner Jerry libbin 12131/16 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2012 Mayor Matti Herrera Bower 12/31/17 12131/2012 Commissioner Ed Tobin 12/31/18 12/31/2012 Commissioner Jonah M. Wolfson 12/31/15 12131/2012 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Jonah M. Wolfson 12131/15 Applicants Ana Kasdin Caroline Cardenas David Lombardi Emma DeAibear Francinelee Hand Gregory Carney Janda Wetherington Jenna Ward Liliam lopez Merri Mann Nelida Barrios Wetherington Janda 633 Position/Title Board and Committees Current Members Gay, Lesbian, Bisexual and Transgender (GLBT) Ord. 2009-3635 Composition: The Committee shall consist fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding the initial membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of members of the Committee) to be appointed at by a majority vote of the City Commission. City liaison: Alex Fernandez iVIembers: Name Last Name Billy Kemp Chad Richter Cindy Brown Dale Stine Daniel Spring Edison Farrow Ivan Cano Jorge Rich a Karen Brown Laura Veitia Marivi Iglesias Michael Bath Nelida Barrios Thomas Barker Willis "Chip" Arndt Jr Applicants Brian Richard Elizabeth Schwartz Michael Andrews Rebecca Boyce Silvia Ros 15,2012 Positionffitle Position/Title Term Ends: Appointed by: Term Limit: 12131/2012 Mayor Matti Herrera Bower 12/31/16 1213112012 12131/2013 12131/2012 Commissioner Ed Tobin 12/31/16 Commissioner Jonah M. Wolfson 12/31119 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Jorge Exposito 12131116 12/31/2013 12131/2012 12/31/2013 12/31/2013 12/31/2012 12/31/2013 Commissioner Jerry Libbin 12131/16 Commissioner Jonah M. Wolfson 12/31/17 Mayor Matti Herrera Bower 12131/17 Mayor Matti Herrera Bower 12/31/i? Commissioner Jorge Exposito 12/31!16 Commissioner Deede Weithom 12/31/18 12/31/2012 Commissioner Jerry Libbin 12/31/17 12/31/2012 Commissioner Deede Weithom 12/31/16 12/31/2013 Commissioner Michael Gongora 12131/16 12/31/2013 Commissioner Ed Tobin Applicants Christopher Amisano Ivana Vento Rafael Trevino Richard Murry Walker Burttschell 634 PositioniTitle Page 22 12/31/16 Boartl and Committees Current Members Golf Advisory Committee Composition: The committee shall be composed of twelve members. Consisting of eleven (11) voting members, seven (7) by direct appointment mayor and city commissioners,and four who shall be the presidents of the Bayshore and Normandy Shores Men's and Women's Golf Association. The city manager or his designee shall serve as a non ex-officio member. Sec. 2-76 The chairperson of the Golf Advisory Committee or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Kevin Smith Vacancy: Members: Name Last Name Gregory Carney Jeff Blumenthal Jeffrey Cohen Jenifer Caplan John Barker Joseph Conway Michael Piazza Position/Title Term Ends: Appointed by: Term Limit: 12131/2012 12131/2012 12131/2013 12131/2013 12131/2012 12131/2013 12131/2012 Commissioner Michael G6ngora 12131/17 Commissioner Deede Weithorn 12/3 i/15 Commissioner Jerry Libbin 12/31/16 Commissioner Jorge Exposito 12131/17 Commissioner Ed Tobin 12/31/15 Mayor Matti Herrera Bower 12/31/1 8 Commissioner Jonah M. Wolfson 12/31117 President for Women's Golf Assoc. MB Golf Assoc. President of the MB Golf Club Members Assoc. Kevin Smith Applicants Daniel Novela Mitchell Korus Ronald Starkman President, Normandy Shore's Men's Golf Assoc. President, Normandy Shore's Women's Golf Assoc. ex-offiCio, designee of the City Manager Position/Title Applicants Jane Hayes Robert Sena Zachary Cohen 635 Position/l'itle 23 Board and Com1nittees Current Members Health Advisory Committee Sec. 2-81 2002- Composition: Eleven (11) voting members. Appointed the City Commission at-large, upon recommendations the City Manager: One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount Sinai Nedical One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health Center or his/her designee administrator; Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an Assisted (ALF); One (1) member shall be a representative from the nursing profession; One (1) member shall be a health benefits provider; Two members shall be physicians.; Two members shall be consumers consisting of: 1) one individual from the corporate level and ; one (1) individual. One member shall be a physician or an individual with medical training or experience, There shall be one non-voting ex-off1cio representative from each of following: The Miami Dade County Health Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of Children's Affairs shall be added as a non-voting ex- member of the board. City liaison: Clifton Leonard J\llembers: Nan1e Last Name Position/Title Anthony Japour ACLF Baruch Jacobs M.D. Health Provider Dr. Andrew Nullman Physician Dr. Jay Reinberg Physician Dr. Stacey Kruger Physician Harold Fosler Private Individual Rachel Schuster ACLF Shaheen W!rk Private Individual Steven Sonenreich CEO/Mt Sinai/MH (NTL) Tobi Ash Nursing Profession Todd Narson CEO MB Community Health Maria Ruiz Mariset Losa ex-officio, Director of Children's Affairs Rep. from the Health Council of South Fla Applicants Caroline Cardenas Jared Plitt Jf(mday, Ocrober 15, 20!2 Positionffitle Term Ends: Appointed by: Term Limit: 12!31/2012 City Commission 12/31/16 1213112013 City Commission 12/31/15 12131/2012 City Commission 12/31/14 12/31/2012 City Commission 12131/16 12/31/20'12 City Commission 12/31/16 12/31/2013 City Commission 12/31/15 12/3112012 City Commission 12131/16 12/31/2013 City Commission 12131/15 12131/2012 City Commission 12131/2013 City Commission 12/31/15 12131/2012 City Commission Applicants Position/Title Ivan RusHko Michael Steffens 636 Board and Committees Current Me1nbers Health Facilities Authority Board Composition: Four ( 4) year terms. Five (5) members shall consist of; two health providers, Sec. 2-111 one (1) individual in the field of general business who possesses good standing in the community; one (1) accountant one attorney. The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority, Members shall be residents of the City. Florida Statute 154.207 No term Limits. City Liaison: Patricia Walker Members: Name Aflison Arthur Marc Mark Sidney Last Name Stone Unger Umlas Sinnreich Goldin Position/Tide Attorney Accountant Health Provider Health Provider General Business vacant Chairperson, Health Advisory Board Applicants Miguel Antonio Aviles Rosalie Pincus ltlottday, October 15, 2lJl2 Position/Title Tenn Ends: Appointed by: Term Limit: 06/i9/2013 City Commission FS-154-207 06/19/2016 City Commission FS 154-207 06119/2014 Commission FS-154-207 06/19/2015 City Commission FS 154-207 06!19/2014 City Commission FS 154-207 Applicants Rachel Schuster Shaheen Wirk Position/Title 637 Board and Committees Current Members Hispanic Affairs Committee Sec. 2-190.21 Composition: The consist of seven members, with the Mayor and each Commissioner making one (1) appointment. The of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex- of Community Relations Board. City Liaison: Nannette Rodriguez Members: Name Ana Cecilia Antonio Eliane Francis Ida Luz Patti Applicants Israel Sands Last Name Velasco Purrinos Soffer Trullenque Perea! Rojas Hernandez Luis Iglesias-Ramirez Regina Suarez Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Michael Gongora 12131/18 1213112012 Commissioner Jonah M. Wolfson 12131/17 12/3112012 Commissioner Jorge Exposito 12/31/2013 Commissioner Ed Tobin 12/31/2012 Commissioner Jerry Libbin 12/31/2012 Mayor Matti Herrera Bower 12131/2013 Commissioner Deede Wei!horn Applicants Position/Title Luis Herrera Rafael Trevino 638 12/31/17 12!31/15 12/31/16 12131/19 12131/15 Board and Committees Current Me1nhers Historic Preservation Board Composition: Two year term. Appointed by a minimum of 4 votes. Seven members. There be a member from each of the following categories: 1) A representative from the Miami Design Preservation League (MDPL); Selected from three names nominated by the League. 2) A from Dade Trust (DHT); Selected from three names nominated the Trust. Sec. 118-1 01 Two at-large member who have resided in one of City's historic districits for at least one year, and have demostrated ineterest and knowledge in architectural or urban design and the preservation of historic buildings. 4) An architect registered in the state of Florida with practical experience in the rehabilitation of historic structures; 5) An architect registered in the United States, a landscape architect registered in the state of Florida, a professional practicing in the tleld of architectural or urban design or urban plannng, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of the with professional experience and demonstrated interest in historic preservaton. 6) A member of the faculty of a school of architecture in state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual practical experience in architecture and the preservation of historic structures. Ail members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urbam planning and university faculty member of the board shall residents of, the city, provived, however, that the city commission may waive this requirement a 5/7ths vote in the event a person not meeting these residency requirements is availale to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. Liaison: Thomas Mooney Members: Name David Dominique Henry Herb Ira Jane Josephine Applicants Andrew Fischer Francis Steffens Jeffrey Cohen John Stuart Last Name Wieder Bailleul Lares Sosa Giller Gross Manning Marilys Nepomechie Raymond Adrian 15, Position/Title Attorney At-large Faculty Member MDPL Reg. Architect Dade Heritage At-large Position/Title Term Ends: Appointed by: Term Limit: 1213112013 City Commission 12131115 12/3112012 City Commission 12131/16 12131/2013 City Commission 12/31113 12/31/2012 City Commission 12/31/15 12/31/2013 City Commission 12/31/17 1213112012 City Commission 12/31/16 12131/2012 City Commission 12131/14 Applicants Elizabeth Pines Guy Simani Jessica Jacobs Josh Gimelstein Morris Sunshine Position/Title 639 Board and Committees Current Members Housing Authority Composition: Four year appointment Five members, appointed the Mayor. Reso 7031 421.05 Appointments must confirmed by the Commission. At least one (1) member be a resident who is current in rent in a housing project or a person of low or very low income who resides within the authority's jurisdiction and is receiving rent subsidy through a program administered by the authority or agency that has jurisdiction for the same locality served by the housing authority, which member shall be appointed at the time a vacancy exists. City Liaison: Anna Parekh Appointments To Be Made : Eugenio Members: Name Cabreja Last Name Emilio DeJesus Fernandez Michael Band Peter Raymond Applicants Chavelier Adrian Adrian Gonzalez Ctnistian Folland Gotlinsky Barbara Prakash Kumar Tenant Commissioner Position/Title HA Commissioner HA Commissioner HA Commissioner HA Commissioner Position/Title 1 0/11/2012 Mayor Matti Herrera Bower Term Ends: Appointed by: 10111/2013 10111/2013 10!l1/20i5 10111/2014 Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower 10/i 1!i8 Term Limit: 10/11/17 10/11/16 10/11/19 10/11/18 Applicants Allan Hall Damian Gallo Julio Lora Position/Title 640 Board and Committees Current Menrbers Loan Review Committee Com position: The committee shall consist of seven voting members whom shall be direct The finance director or his/her designee and the ex-officio members Sec. 2-166 "~""'"'"''""' by the Mayor and City Commissioners. manager or his/her designee shall serve as non- A member of the Development Advisory Committee (CDAC) be designated to serve as a non-voting ex-officio member of the LRC in order to facilitate communications between the LRC and CDAC City Liaison: Rocio Soto Members: Name Eric Jay Juan Mario Mayra Michael Steve Last Name lawrence Dermer Torres Coryell Diaz Buttacavoli Rotbart Zuckerman Position/Tide ex-officio member of the CDAC Term Ends: Appointed by: Term Limit: 12/31/2012 1213112012 12131/2013 12131/2012 12131/2013 12131/2013 12131/2012 Commissioner Michael Gongora 12/31/17 Commissioner Jonah M. Wolfson 12/31/18 Mayor Matti Herrera Bower 12/31/15 Commissioner Jorge Exposito Commissioner Ed Tobin Commissioner Deede Weithorn Commissioner Jerry libbin 12/31/17 12/31117 12/31/13 12/31/14 Patricia Walker ex-officio Finance director or his/her designee Applicants Allan Hall Stephanie Berman Positionffitle Applicants Positionffitle lance Richardson 641 Board and Committees Current Members Marine Authority Sec. 2-190.46 Composition: The marine authority shall consist of seven (7) voting members, who shall be direct appointments by the mayor and city commissioners, and one non voting, ex-offtcio member of the authority, who shall be a representative of the city marine patrol. Appointments to the authority shall consist of individuals who have had experience in the operation of or of either marine vessels or marine facilities including experience in various types of boat activities, including fishing in the waterways of the city, The members of the marine authority shall have the right and duty to consult with any member of the city administration for technical or other information pertaining to the matters before them. City Liaison: Mercedes carcasses Vacancy: Members: Name Antonio Christopher Daniel Sash a Stephen To replace Ira Nusbaum To replace Joel Aberbach Last Name Maldonado Todd Kipnis Boulanger Bernstein Position/Title Michael George ex-officio MB Marine Patrol Applicants Britta Hanson Elaine Roden Jonathan Beloff Maurice Goodbeer Robert Glick PositionffiUe 12/31/2012 Commissioner Jerry Libbin 12/31/2013 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: 12131/2012 i 2131/2013 12131/2013 12/31/2013 12/31/2012 Commissioner Michael Gongora 12131/17 Commissioner Jorge Exposito 12/31/14 Commissioner Jonah M. Wolfson 12/31/16 Commissioner Ed Tobin 12/31/18 Commissioner Deede Weithom 12/31/18 Applicants Christian Folland Jacobo Epelbaum Matthew Paulini Paul Friedman William Cahill 642 Position/Title Page 30 of 52 Board and Committees Current Members Miami Beach Commission For Women Com position: Twenty-one (21) members. 2007-3570 s 2190- Each of seven members of the commission shall appoint three members. The chairperson of the Commission on the Status of Women or its designee shall serve as a non- voting ex-officio member of Community Relations Board. Liaison: Wanda Geist Vacancy: To replace Ana Members: Name Claudia Debra {Debi) Elsa Francinelee Gertrude Jessica Karen Laura Laura Leslie Maribel Marjorie Mercedes Monica Nikki Regina Regina Roberta Rocio Tiffany Applicants Dale Gratz Kasdin Last Name Moncarz Quade Orlandini Hand Arfa Conn Edelstein Cullen Bruney Co!ler Quiala York Carlson Harvey Weisburd Suarez Berman Gould Sullivan Lapciuc Eda Valero-Figueira Judith Berson-Levinson Marjorie O'Neill-Butler Michael Tichacek Natalia Datorre Wendy Kallergis Momlay, October 15, Position/Title Position/Title 12/31/2013 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: 12/31/2012 12/31/2013 12/31/2013 12/31/2013 12/31/2012 12/3112012 12/31/2012 12/3112013 i 2/31/2012 12/31/2013 12/31/2012 12/31/2013 12/31/2013 12131/2012 12/31/2012 12/31/2012 12131/2012 12131/2013 12131/2012 Mayor Matti Herrera Bower 12/31/17 Commissioner Jerry Libbin 12/31119 Commissioner Jonah M. Wolfson 12/31/13 Commissioner Jerry Ubbin 12/31/16 Commissioner Ed Tobin 12131114 Commissioner Jonah M. Wolfson 12/31/19 Commissioner Jerry Libbin 12131/15 Commissioner Michael Gongora 12/31/Hl Commissioner Jorge Exposito 12/31/13 Commissioner Deede Weithorn 12/31/15 Commissioner Jorge Exposito 12/31/16 Mayor Matti Herrera Bower 12131/13 Commissioner Jorge Exposito 12/31/18 Commissioner Jonah M. Wolfson i 2/31/13 Commissioner Ed Tobin 12131/15 Commissioner Michael Gongora 12131/17 Mayor Matti Herrera Bower Commissioner Deede Weithorn 12131/17 12131/i 5 Commissioner Michael Gongora 1213 iii 9 12/3112013 Commissioner Deede Weithorn 12/31/17 Applicants Diana Fontani Martinez Jennifer Diaz Maria Begonia Calcerrada Merle Weiss Molly Leis Rebecca Boyce 643 Position/Title 31 of52 Board and Committees Current Members Miami Beach Cultural Arts Council Sec. 2-51 Com position: Three (3) years term. Vacancies submitted by slate of candidates provided by the council. Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission. "''"""'"'"" December 2001, concurrent with the expiration of the terms of six (6) members of the council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year terms provided that one of those appointments shall be to fill the vacancy of the one (1) year term on December 2001, and three (3) members appointed for two (2) year terms each. Additionally, effective December 31, 2002, no council member may serve more than six (6) consecutive years. City Liaison: Gary Farmer Vacancy: To replace Ileana Bravo-Gordon Members: Name Last Name Beatrice Hornstein Charles Million Daniel Novela Ed a Valero-Figueira Gregory Melvin Isadore Havenick Marjorie O'Neill-Butler Merle Weiss Nina Duval Zoila Datorre Applicants Annette Fromm Calvin Kohli Eugenio Cabreja Janda Wetherington Jean Fils Jenna Ward Karlene Mcleod Maria Cifuentes Marrero Michael McManus Monica Harvey Nathaniel Kern Patti Hernandez Robert Newman Wetherington Janda October 15, Pnsidon!fide Position/Title 12/31/2012 City Commission Term Ends: Appointed by: Term Limit: 1213112012 City Commission 12/34115 12/31/2013 City Commission 12/31117 12/31/2012 City Commission 12/31/i 5 12/31/2014 City Commission 12/31114 12/31/2014 City Commission 12/311i5 12/31/2013 City Commission 12/31113 12/3112012 City Commission 12/31115 12/3112013 City Commission 12131117 12/3112013 City Commission 12/31113 1213112014 City Commission 12/31/14 Applicants Antoinette Z:el Elizabeth Pines George Durham Position/Title Jason Witrock Jean-Francois Lejeune Jonathan Parker Kumar Prakash Mark Alhadeff Molly Leis Monica Minagorri Oliver Oberhauser Rebecca Dim: Tamra Sheffman Z:arco Cyn 644 Board and Co1tzmittees Current ~!embers Miami Beach Human Rights Committee 2010-3669 Composition: The committee shall consist of a minimum of five and a maximum of eleven (11) members, with one out of every five (5) members, to be a direct appointment by the Mayor, and with the remaining members to be appointments of the City Commission. The members of the committee shall reflect as nearly as possible, the diversity of individuals protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to the committee, the City Manager shall solicit nominations from as many public service groups and other sources, which he/she deems appropriate, as possible. At least one of the committee members shall possess, in addition to the general qualifications set forth herein for members, a license to practice law in the State of Florida; be an active member and in good standing with the Florida Bar, and have experience in civil rights law. The attorney member shall also serve as chair of the committee. City Liaison: Ralph Granado Vacancy: Members: Name Alan Carlos J Dr. Barry Elizabeth Rafael Walker William Applicants To replace Michael Andrews To replace Todd Narson Last Name Position/Tide Fishman Ortuno Ragone Schwartz Law Trevino Burttschell Warren Jr. Position/Title Andrea Lisa Travaglia Ivana Vento Luis Herrera Monica HaNey 12/31/2013 City Commission 12/31/2012 City Commission Term Ends: Appointed by: Term Limit: 1213112013 City Commission 12/31/16 12/3112012 City Commission 12/31/16 '12/31!2012 City Commission 12/31/16 12/3112013 City Commission 12/31/16 12/3112012 City Commission 12131/16 12/3112013 City Commission 12/31/16 12/3112013 Mayor Matti Herrera Bower 12/31/19 Applicants Christopher Amisano Lori Gold Position/Title Michael Perlmutter 645 Board and Contmittees Current Menzbers Miami Beach Sister Cities Program Sec. 2-181 Composition; The Coordinating Council is the governing body of the overall Sister Cities Program. The council shall consist of; one representatives per Sister affiliation and , nine members. AI! of these members are appointed by the mayor. The members of the coordinating councH be persons who are Interested in furthering the purpose of the program. Any person interested in furthering the purpose of the program may become a member of an individual sister city committee upon approval by the coordinating counciL To qualify, the person shall present a resume and a letter of interest to the committee chairperson. These members are appointed by the Mayor of the City of Miami Beach for two (2) years. City liaison: Diana Fontanl Vacancy: To replace other 12/31/2013 Mayor Matti Herrera Bower Veronika Pozmentier To replace Daniela Krumlov, Czeck Rep, 12/31/2013 Mayor Matti Herrera Bower Linden-Retkova To replace Michael Fujisawa, Japan 12/31/2013 Mayor Matti Herrera Bower McNamee Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ········································-··········-··· Annette Fromm other 1213112012 Mayor Matti Herrera Bower 12131/19 Bruce Reich Nahariya, Israel 12131/2012 Mayor Matti Herrera Bower 12/31/13 Elaine Roden other 12131/2013 Mayor Matti Herrera Bower 12/31/17 Faye Goldin other 12/31/2012 Mayor Matti Herrera Bower 12131118 Gary Twist Fortaleza Brazil 1213112012 Mayor Matti Herrera Bower 12131/17 George Neary other 12131/2012 Mayor Matti Herrera Bower 12/31!16 Ileana Bravo-Gordon Rio de Janeiro, Brazil 12131/2012 Mayor Matti Herrera Bower 12131/19 Jacobo Epelbaum other 12131/2013 Mayor Matti Herrera Bower 12/31/19 Jenna Ward Almonte, Spain 12131/2013 Mayor Matti Herrera Bower 12/31/19 Jennifer Diaz Santa Marta, Colombia 12/31/2012 Mayor Matti Herrera Bower 12/31119 Jessica Londono tea, Peru 12/31/2012 Mayor Matti Herrera Bower 12/31/17 Nuccio Nobel Cozumel, Mexico 12/31/2013 Mayor Matti Herrera Bower 12/31/16 Ray Breslin Brampton, Canada 12/31/2013 Mayor Matti Herrera Bower 12/31/16 Roberto DaTorre other 12/31/2013 Mayor Matti Herrera Bower 12/31/16 Stephanie Trinidad other 12/31/2012 Mayor Matti Herrera Bower 12/31/16 Wendy Kallergis Pescara, Italy 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Zeiven Beitchman other 12/31/2012 Mayor Matti Herrera Bower 12/31/14 Applicants Position!fitle Applil'ants Position/Title Ana Kasdin Ann Thomas Beatrice Hornstein Bruce Klaiber Charles Million Claudia Moncarz Darin Feldman Francesco Stipe Gabriel Paez Gregory Carney lUundtw, October !5, 2012 Page34 646 -- Board and Conzmittees Current Members Israel Sands Josephine Pampanas Luis Iglesias-Ramirez Maria Rodriguez Rabbi Daniel Sherbill Tamra Sheffman Ivan Rusilko Luis Giraldo-De Ia hoz Marcella Paz Cohen Michael Rotbart Raymond Adrian Walter Lucero 647 Board and Com1nittees Current Mentbers Normandy Shores Local Gov. Neighborhood Impv. Sec 34-175 Composition: The Advisory Council shaH be appointed by the Board of Directors Commission) and composed of three members of the Executive Committee of the Normandy Shores Homeowner Association. On behalf of the Board of Directors, the City Clerk shall solicit the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be composed of the three members of the Executive Committee of the Normandy Shores Homeowners Association as per Resolution No. 97-22449 adopted July 2, 1997. City liaison: Ronald Loring Vacancy: To replace Geoff Green Members: Name Manuel Ronald Applicants Eve Tegan Last Name Minagori Loring Miguel Antonio Aviles Sofia Emuriel Mmu!ay, October 15, Position/Title Positionrritle 12/31/2012 City Commission Term Ends: Appointed by: 12/31/2012 City Commission 12/31/2012 City Commission Term Limit: 12/31/15 12/31/14 Applicants Jonathan Porcelli Monica Minagorri i>osition/Title 648 Board and Committees Current Members Parks and Recreational Facilities Board Composition: Sec. 2-171 The board shaH be comprised of ten (lO) members. Seven (7) direct the mayor and each commissioner. The of the boards/committees or their designees shall serve as nonvoting ex- members of the Parks and Recreational Facilities 1) Beautification 2) Golf Advisory Committee, and 3) Youth Center Advisory Board (See Beach Preservation, ex-officio member.) Members of the board shall demonstrate interest in the City's Parks and Recreational Facilities and programs through their own participation or the participation of a member of their immediate family. City liaison: Kevin Smith Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Rabin 12/31/2012 Mayor Matti Herrera Bower 12/31113 Amy Harriet Jeffrey Jonathan Leslie Lizette Meryl Halpryn 12/31/2012 Commissioner Jonah M. Wolfson 12/31/15 Forster 12/31/2013 Commissioner Michael Gongora Groff 12/31/2012 Commissioner Deede Weithorn Graff 12/31/2012 Commissioner Ed Tobin Lopez (TL 12/31/2012) 12/31/2013 Commissioner Jerry Libbin Wolfson 12!31/2013 Commissioner Jorge Exposito Daniel Nixon vacant vacant Ex-Officio member Beautification Committee Ex-Officio member of the Youth Center Adv. Board Ex-Officio member of Golf Advisory Commttee Applicants Annette Carmon Dolores Hirsh George Castillo Jason Witrock Laurie Kaye Davis Maria Cifuentes Marrero Michael Steffens Mojdeh Khaghan Paul Stein 15,2012 Position/Title Applicants Dana Turken Eleanor Carney George Durham Jonathan Parker Lior Leser Maria Rodriguez Miguel Antonio Aviles Moni Cohen Waller Lucero 649 Position/Title 12/31/19 12/31/17 12/31!15 12!31112 12!31/13 Board and Conutrittees Current Members Personnel Board Sec. 2·190.66 Comt>osition: Ten {10) members appointed by a 5/7 vote. Six (6) of which shalli be citizens of Miami Beach not in the employment of the each having a different vocation; and three regular employees of the City of Miami Beach, to be elected by the probationary and regular employees of the city and who shall be elected from the employees regular status in the respective groups: Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department II shall consist of employees who are in clerical and executive positions, Group III shall consist of all other employees, The Personnel Director is a non-voting member. City Liaison: Members: Name David David Gabriel Michael Mojdeh Rosalie Christopher Diaz Evette Phillips George Castell Vacant Last Name Position/Tide Term Ends: Alschuler (TL 12131/2012) Richardson Paez Perlmutter (TL 12/31/2012} Khaghan Pincus elected 07/20/2011 exp. 7/31/2014-Group I elected 07/09/2012 exp. 7/31/2015 Group m elected 07/23/2010 exp. 7/31/2013 Group II Human Resources Director 12/31/2012 12/31/2013 12/31/2012 12/31/2013 12/31/2012 12/31/2013 Appointed by: City Commission City Commission City Commission City Commission City Commission City Commission Term Limit: 12/31/12 12/31/15 12/31/15 12/31/12 12/31/16 12/31/15 Applicants Elsa Or!andini Lori Gold Position/Title Applicants l'ositionffitle Gail Harris Richard Preira 650 Board and Co1t1111ittees Current Members Planning Board Sec. 118-51 Composition: Two year term. Appointed by a minimum of 4 votes. Seven (7) regular members. The voting members shall have considerable experience in general business, land development, land development or land use · however, the board shalk at a minimum be comprised of: 1) one architect registered in the state of Florida; or a member of the faculty of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning; 2) one developer who has experience in developing real property; or an attorney in good standing licensed to practice law within the United States. 3) one attorney licensed to practice law in the state of Florida who has considerable experience in land use and zoning 4) one person who has education and/or experience in preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: A) Has earned a college degree in historic preservation; B) Is responsible for preservation, revitalization or adaptive reuse historic buildings; or C) Is recognized the city commission for contributions to historic preservation, education or and persons are citizens at large or engaged in general business in the city No person except a resident of the city, who has resided in the city for at least one year shall be eligible for appoitment to the planning board. The City Commission may waive the residency requirements by a 5/7ths vote in the event a person not meeting these requiremets is available to serve on the board and is exceptionally qualified by training and/or experience. City Liaison: Katia Hirsh. Members: Name Last Name Charles Urstaclt Daniel Veitia Henry Stolar Jean-Francois Lejeune Jonathan Bel off Randy Weisburd Robert Wolfarth Applicants Alexander Annunziato Avi Ciment Bryan Rosenfeld francis Steffens Gary Twist Jane Gross Jessica Conn Joy Malakoff Position/Title General Business Historic Preservation General Business Architect Attorney General Business Developer Position/Title Term Ends: Appointed by: Term Limit: 12!31/2013 City Commission 12/31/17 12/31/2012 City Commission 12/31/14 12/31/2013 City Commission 12/31/13 12/3112012 City Commission 12/31/17 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission 12/31113 12/31!2013 City Commission 12/31/17 Applicants Position/Title Atala Anthony Brian Ehrlich Elizabeth Camargo Frank Kruszewski Guy Simani Jeffrey Cohen John Stuart Lior Leser 651 Board and Committees Current Me~ttbers Mark Alhadeff Noah Fox 15, ){}12 Mario Courtney Robert Sena 652 Page40of52 Board and Com1nittees Current Members Police Citizens Relations Committee Composition: Sec. 2-190.36 The committee shall consist of seventeen (17) members, fourteen of whom shall be voting members. The members shall be direct appointments with the Mayor and City each making two individual appointments. One non-voting ex-officio member shall be from the non-administrative personnel of the police department selected by a majority vote of the non administrative personnel. Two (2) additional non-voting ex-officio members shall be police chief (or a designee) and the city attorney (or a designee). The chairperson of the committee or his/her designee shall serve as a non-voting ex-officio member of the Community Relations Board. The Police/Citizen Relations Committee shall be assigned to the Police Department. Recommendations for to all voting and non-voting membership selected by the Mayor and Commission shall be obtained from; the Spanish American League Against Discrimination (S.A.L.A.D.); the League of United Latin American Citizens ·The Anti-Defamation League 1 (A.D.L); The Dade Action Pac; the National Association for Advancement of Colored People (NAACPA); the League of Women's Voters, and any other organizations deemed appropriate. The voting members of committee shaH have knowledge and interest in Police Community Relations and their impact on the City of Miami Beach. City Liaison: Chief Raymond Martinez Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Beverly Aberbach 12/31/2012 Commissioner Jorge Exposito 12/31/13 Claire Warren 12/31/2013 Mayor Matti Herrera Bower 12/31/18 Dina Oissen 12/3112012 Commissioner Jerry Libbin 12/31/14 Gianluca Fontani 12/31/2012 Commissioner Jorge Exposito 12/31/18 Glenda 12/3112012 Commissioner Ed Tobin 12/31/15 Hope Fuller '12/31/2013 Commissioner Jerry Libbin 12/31116 Jared Dokovna 12/3112012 Commissioner Michael Gongora 12/31/17 Jared Plitt 12/31/2013 Commissioner Deede Weithorn 12/31/15 Jonathan Parker 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Michael Grieco 12!31/2012 Commissioner Michael Gongora 12/31119 Mi!cheli Korus 12/31/2013 Mayor Matti Herrera Bower 12/31/18 Nelson Gonzalez 12/31/2013 Commissioner Ed Tobin 12/31/15 Steven Oppenheimer 12/31/2012 Commissioner Jonah M. Wolfson 12/31/17 Walter Lucero 12/31/2013 Commissioner Deede Weithorn 12/31/19 Alex Bello Non·adm. Personnel of the PD R. Martinez Assistant Police Chief Steve Rothstein City Attorney Designee Applicants Position/Title Applicants Position/Title Page 653 Board and Cotn111ittees Current Menzbers Barbara (Bunny) Patchen Bruce Klaiber Deborah Ruggiero Erik Goldman Eugenio Cabreja Eve Tegan Irene Va!ines Irene Valines Jessica Jacobs Kumar Prakash Laura Cullen Laura Mori!la Maria Begonia Calcerrada Prakash Kumar Rachel Schuster Richard Preira Rosemarie Murillo Likens Steven Gonzalez 654 Board and Co11unittees Current Members Production Industry Council Composition: council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make one direct All regular members shall have knowledge of the fashion, new media, production, television and or recording industries of the city. Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly involved with that industry. City Liaison: Graham Winick Members: Name Allee Belkys Bruce Ivan Ivan Joyce Noreen Last Name Newhoff Nerey Orosz Parron Pol Galbut Legault-Mendoza Position/Title Fashion Production Fashion News Media Recording Industry Production TV/Film Applicants PositionfriHc Irene Valines Lisa Ware Paul Friedman Term Ends: Appointed by: Term Limit: 12!31/2012 Commissioner Jorge Exposito 12131/13 12131!2013 Commissioner Deede Weithorn 12!31/18 12131/2012 Commissioner Ed Tobin 12131115 12131/2012 Commissioner Michael Gongora 12131/16 12/31/2013 Commissioner Jerry Ubbin 12131/17 12131/2012 Mayor Matti Herrera Bower 12117119 12/31/2013 Commissioner Jonah M. Wolfson 12/3 i /i 7 Applicants Karlene Mcleod Natalia Datorre 655 Position/Title Board and Comnzittees Current Members Safety Committee Sec. 2-176 Composition: Committee consists of fourteen (14) members who shall be direct appointments, two (2) appointments shall be made by the Mayor and each Commissioner. The members shall have knowledge of and interest in the safety of the citizens of the city. Ordinance 2010-3710 that one of the tvvo direct appointments by Mayor and each of the City Commissioners be Citizen Emergency Response Team (CERT) certified. Liaison: Clifton Leonard Members: Name Last Name Alfredo Rey Barbara Gillman Baruch Sandhaus Calvin Kohli Irene Valines Jane Hayes Jason Witrock Jeannette Egozi Jeff Gordon Jerry Marsch Joel Aberbach Marcella Paz Cohen Michelle Green Oren Lieber Applicants Ida Perea! Michelle Green Robert Blumenthal William Cahill Position/Tide Position/Title Term Ends: Appointed by: Term Limit: 12/31/2012 Commissioner Deede Weithom 12/31/17 12/31/2012 Commissioner Jonah M. Wolfson 12/31!13 12/31/2013 Commissioner Jorge Exposito 12/31/17 12/31/2012 Commissioner Jerry Libbin 12/31/16 12131/2012 Commissioner Ed Tobin 12131119 12/31/2013 Commissioner Jerry Libbin 12131/17 12/31/2012 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Michael G6ngora 12/31/17 12131/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2012 Mayor Matti Herrera Bower 12131/2013 Mayor Matti Herrera Bower 12131/2013 Commissioner Deede Weithorn 12131/2013 Commissioner Michael G6ngora 12/3112012 Commissioner Ed Tobin Applicants Michael Tichacek Orlinda Perez Perez Silvia Rotbart Position;Title Pltge 44 of 52 656 12/31/13 12/31/19 12/31/16 12131119 12/31/14 Board and Com11littees Current Metnbers Single Family Residential Review Panel 2006-3529 Composition: The panel shall be of three (3) members, 1:\,vo of whom an/or other registered design and one shall be a resident of the each to serve for a term of one year. Panel members shall not deliberate in more than four ( 4) meetings per calendar year unless required due to inability to satisfy the quorum requirement. Panel members shall be chosen by the City Manager or designee on a rotating basis or as available from a list of not more than 20 architects and/or other registered design professionals, as well as a list of residents of the City. In developing the list of registered professionals, names should be submitted from the following associations: (1) American Institute of Architects, local chapter (2) American Society of Landscape Architects, local chapter American Planning Association, local section The Miami Design Preservation League Heritage Trust - Liaison: Thomas tv1ooney Vacancy: To replace Daniel Registered Design Prof. 12/31/2012 Kathie G. Brooks, Int. City Manager Members: Name new Vietia Rafael Sixto (TL12/31/i4) Last Name member Registered Design ProL 12/31/2012 Kathie G. Brooks, Int. City Manager Registered Design Prof. 12/31/2012 Kathie G. Brooks, Int. City Manager . Position/Titlt~ Term Ends: Appointed by: 12131/2012 Term Limit: Applicants Position/Title Applicants Positiontfitle Oliver Oberhauser Alonday, October 15, Page45 657 Boartl anti Committees Current Me1nbers Sustainability Committee Composition: The Committee shall consist of seven voting members, one each to be directly appointed the Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non- voting member and shall serve as the chairperson of the Committee. The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general environmental improvement trends1 or "Green Initiatives," and "Sustainable Development", which is herein defined as a pattern of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only in the present, but in indefinite future. The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Green Initiatives and to promote and provide for Sustainable Development in the City of Miami Beach. City Liaison: Fred Beckmann Members: Name Last Name Commissioner Gongora Debra Leibowitz Eric Hecht Gabriele Van Bryce Lanette Sobel Lily Furst Luiz Rodrigues Mitch Novick Applicants Amy Tancing Elizabeth Pines Marivi Iglesias Michael Perlmutter Walker Burttscheli 15, Positiontritle Position/Title Term Ends: Appointed by: Term Limit: 12/3i!2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn 12/31115 12/31/2013 Commissioner Jerry Libbin 12/31119 12/31/2012 Commissioner Michael Gongora 12/31117 12/31/2012 Commissioner Jorge Exposito 12/31117 12/31/2013 Commissioner Jonah M. Wolfson 12/31!16 12/3112012 Commissioner Ed Tobin 12/31/2013 Mayor Matti Herrera Bower Applicants Andrea Lisa Travaglia George Durham Michael Laas Russell Hartstein 658 Positionffitle Page46 of 52 12/31!15 12/31/16 Board and Com~tlittees Current Members Termis Advisory Committee 2012-3773 Composition: The Committee shall be composed of severn (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or in the sport of tennis. The Mayor and City Commissioners shall each make one direct appointment to the committee. The Mission of the Tennis Committee is to improve the lives of residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the Committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public tennis facilities to the City Commission and the City Administration for such action as the City Commission and the City Administration may deem appropriate. Two years after the September 12, 2012 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the City Commission for its review and consideration. City Liaison: Julio Magrisso Vacancy: Members: Name Vacant Vacant Vacant vacant Vacant vacant Last Name Dolores Hirsh Positionrfitle Applicants Position/Title Eve Tegan Rebecca Boyce 12/31/2012 Mayor Matti Herrera Bower 12/31/2012 Commissioner Jorge Exposito 12/31/2013 Commissioner Jerry Libbin 12/31/2013 Commissioner Ed Tobin 12/31/2013 Commissioner Deede Weithorn 12/31/2012 Cormnissioner Michael Gongora Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Applicants Position/Title Michael Tichacek Vicki Petruzzelli Page47 of 52 659 Board and Conzmittees Current Members Transportation and Parking Committee Composition: Committee consist of fourteen members. Sec. 2-190.91 The and City Commissioners shall each make one (1) appointment, with the other members of the committee to be composed members from the following community organizations, each of which must designate a coordinating representative: 1) Miami Beach Chamber of Commerce's Transportation and Parking Committee, 2) Miami Beach Community Development Corporation, 3) Ocean Dr. Association, 4) Miami Design Preservation League, 5) North Beach Development Corporation, 6) Mid-Beach Community Association, 7) Lincoln Rd Marketing, Inc, On an annual basis, the members of the committee shall elect a chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will the committee. Seven members of the committee shall consist of a quorum of the committee and shall be necessary in order to take any action. The members of the voting committee shall have knowledge of and interest in Transportation and Parking and their on the City of Miami Beach. The of board be officially designated by their respective organization, and letters certifying that designation shall be forwarded to the Miami Beach City Clerk. liaison: Saul Frances Members: Name Last Name Position/Title Term Ends: Appointed by: Tenn Limit: Dr. Corey Narson 12131/2012 Commissioner Jerry Libbin 12131/18 Eric Ostroff 12/3112012 Commissioner Deede Weithom 12131/18 J.P. Morgan 12131/2013 Commissioner Michael Gongora 12131/14 Josephine Pampanas 12131/2012 Mayor Matti Herrera Bower 12131/14 Maria Mayer 12/31/2013 Commissioner Ed Tobin 12/31/16 Scott Diffenderfer 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 Seth Wasserman 12/31/2013 Commissioner Jorge Exposito AI Feola Delvin Fruit Jo Asmundsson Mark Weithom vacant vacant William "Bill" Hahne Applicants Cheryl Jacobs Eleanor Carney Gianluca Fontani October Rep. for the Ocean Dr. Imp. Assoc. 12/31/12 Rep. for Mid-Beach Community Assoc. -12/31/12 Rep. for MBCOC 12/31/12 Rep. for NBDC 12/31/13 Rep. for Lincoln Road Marketing Rep. for MBCC 12/31/12 Rep. for MDPL 12/31/13 Position/Title Applicants David Alschuler Gerhard Rima Ivana Vento 660 PositimvTitle Page 48 52 12/31/16 Board and Committees Current Mentbers Jacobs Jacobs Jurio Lora Mtchael Perlmutter Rima Gerhard Steven Oppenheimer October 15, 2012 Jeffrey Feldman Kumar Prakash Orlinda Perez Perez Sasha Boulanger 661 49 Board and Committees Current Members Visitor and Convention Authority Composition: Two (2) year term. Appointed a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. Sec. 102-246 The seven (7) members of the authority shall be representative of the community as follows: 1) Not less than two nor more than three (3) members shall be representative of hotel industry; 2) and the members none of whom shall be representative of the hotel industry, shall represent the at-large. Any member of the authority or employee violating or to with provisions of this article shall be deem to have vacated his office or position. City Liaison: Grisette Roque. Name Last Name Aaron Perry Jaqueline Hertz Jeff Lehman Keith Men in Margaret Benua (Peggy) Micky Ross Steinberg Steven Adkins Applicants Antoinette Zel Calvin Kohli Christine Taplin Christopher Todd Eric Lawrence George Castillo Israel Sands Jeffrey Graff Jonathan Porcelli Karen Brown Natalia Datorre Steven Gonzalez Position/Title At-Large At-large Hotel Industry Hotel Industry At-Large At-large At-large Position/Title Term Ends: Appointed bl: Term Limit: 12/31/2012 City Commission 12/31116 12/3112013 City Commission 12/31/13 12/31/2013 City Commission 12/31/13 12/3112013 City Commission 12/31115 12/3112012 City Commission 12/31117 12/3112013 City Commission 12/31/15 12/31!2012 City Commission 12/31114 Applicants Position/Title Brian Richard Charles Million Christopher Amisano Diana Fontani Martinez Frank Kruszewski Harold Foster James Lloyd Jennifer Diaz Joy Malakoff Karlene Mcleod Prakash Kumar Zahara Mossman 662 Puge 50 Boartl and Committees Current Members Waterfront Protection Committee Composition: The committee shall consist of: seven (7) voting members, one appointed by the Mayor and each Commissioner, and three non- voting ex-officio members to be comprised as follows: Seven (7) citizens having an interest in the preservation of the city's beaches and the purposes of the committee, 2) The environmental as an ex-officio member, 3) An appointed by the Miami Dade County Department Environmental Resources Management (DERM), Natural Resources Division who holds the Special Projects Administrator II as an exMofficlo member and, 4) A member of the city's Beach Patrol. City Liaison: Elizabeth Wheaton Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Barbara Charles Jeffrey Matthew Morris Paul Robert Brian Flynn Joe Fisher Usa Botero Applicants Alan Fishman Lutz Rodrigues William Cahill 12/31/2012 Commissioner Jerry Libbin 12/31/14 12/31/2012 Commissioner Deede Weithorn 12/31/18 12/31/2013 Mayor Matti Herrera Bower 12/31/19 12/31/2012 Commissioner Michael Gongora 12/31/13 12131/2013 Commissioner Jorge Exposito 12131/15 12!31/2013 Commissioner Ed Tobin 12/31/16 Hershkowitz Fisher Feldman Krieger Sunshine Friedman Kraft 12!31/2013 Commissioner Jonah M Wolfson 12/31/16 ex-officio, Miami-Dade Co. Dept of Env. Res. Mgmt. ex-officio, City's Beach Patrol Lifeguard II ex-officio, City's Environmental Specialist Position/Title 20!2 Applicants James Weingarten Silvia Rotbart 663 Positiorl!Title Board and Committees Current Menrbers Youth Center Advisory Board Composition: The board shall consist of ten members, Sec. 2-H!S seven (7) of whom shall be members affiliated with the Scott Rakow Youth Center. Two (2) student resident users of the facility shall serve as non-voting ex-officio members; one (1) of these student users must attend a middle and the other must attend a high school. The director the office of children's affairs shall serve as a non-voting ex-officio member. The chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting 1 ex-officio member of the Recreational Centers and Parks Facilities to renamed the Parks and Recreational Facilities Board. City Liaison: Ellen Vargas Vacancy: Name Annette Dana Esther Jeffrey Michael Paul Stephanie Last Name Cannon Turk en Egozi Choukroun Graff Burnstine Stein Rosen Positiontritle Maria Ruiz ex-officio student rep. of a i'liddle School ex-officio student rep. of a High School ex-officio Dir. of Children's Affairs Applicants Aida EI-Matari Laurie Kaye Davis Rebecca Diaz Position/Title Term Ends: Appointed by: Term Limit: 1213112012 1213112013 1213112012 12131/2012 12131/2013 12131/2012 12131/2013 Applicants Commissioner Ed Tobin 12/31/18 Commissioner Jorge Exposito 12/31/15 Commissioner Michael G6ngora 12/31/17 Commissioner Jerry Libbin 12/31116 Commissioner Jonah M. Wolfson 12/31/19 Mayor Matti Herrera Bower 12/31/16 Commissioner Deede Weithorn 12!31/15 Position1Tltle Andrea Lisa Travaglfa Marie Towers Page 52 664 Ml MIBE City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the FROM: Kathie Brooks, Interim City Manager DATE: October 24, 2012 SUBJECT: BOARD AND COMMITTEE APPOINTMENTS -CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Miami Beach Cultural Arts Council 2. Miami Beach Human Rights Committee 3. Normandy Shores Local Neighborhood !mpv. KGB/REG F:\CLER\$ALL\a City Commission\Commlssion Memo B & C FOR 10-24-2012.doc 665 THIS PAGE INTENTIONALLY LEFT BLANK 666 R9 ~ New Business and Commission Requests R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 AGENDA ITEM: DATE: --$.l~ .......... .-_ 667 THIS PAGE INTENTIONALLY LEFT BLANK 668 IBE OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Ms. Kathie Brooks, Interim City Manager Mr. Rafael Granado, City Clerk Commissioner Deede Weithorn September 7, 2012 MEMORANDUM SUBJECT: Exempting Absentee Ballot information from the Public Record On September 6, 2012 the Miami-Dade County Commission passed a resolution sponsored by Chairman Joe A. Martinez urging the Florida Legislature to exclude from public records information pertaining to absentee ballot requests. Section 101.62 in the Florida Statutes requires that absentee ballot requests be "generally" maintained confidential and exempt from public disclosure. However, this section ofthe Florida Statutes does make absentee ballot requests available to political parties and party officials; registered political committees; committees of continuous existence; candidates who have filed qualification papers and are opposed in an upcoming election; election officials; canvassing boards; and the voter, who is only entitled to access his or her own absentee ballot request information. Florida Administrative Code Rule 15-2.043 requires that each absentee voter's record {available to those listed in FSS 101.62) include the voter's name, address to which the voter has requested the absentee ballot is to be sent, phone number, email address if provided, party affiliation and precinct, with certain limited exceptions such as for law enforcement. Those individuals and entities listed in FSS 101.62 can immediately learn which voters have requested an absent ballot by making public records requests for this information either to a Supervisor of Elections or to the State Division of Elections. Given the recent cases of alleged fraud in Miami-Dade County, exempting from public disclosure absentee ballot and personal information included on absentee ballot requests would be an important step against enabling absentee ballot fraud, It is Commissioner Dee de Weithom's hope that this Commission will follow the lead of the Miami-Dade County Commission in urging the Florida to from public records disclosure absentee ballot requests and personal information included on absentee ballot requests. Alex J. Fernandez, Commissioner Deede Weithorn's Office 669 RESOLUTION NO. 2012-__ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO EXEMPT FROM PUBLIC RECORDS DISCLOSURE ABSENTEE BALLOT REQUESTS AND PERSONAL INFORMATION INCLUDED ON SUCH REQUESTS. WHEREAS, absentee ballot requests are generally confidential and exempt from public disclosure pursuant to Section 101 .62, Florida Statutes; and WHEREAS, Section 101 .62(3), however, provides that certain persons and entities may obtain and use absentee ballot requests for political purposes, including: * Political parties and party officials; *Registered political committees; * Committees of continuous existence; * Candidates who have filed qualification papers and are opposed in an upcoming election; * Election officials; * Canvassing boards; and * The voter, who is only entitled to access his or her own absentee ballot request information; and WHEREAS, Section 101 .62 requires each Supervisor of Elections to update and make available information on absentee ballot requests no later than 8 a.m. of each day, including weekends, beginning 60 days before the primary election until 15 days after the general election; and WHEREAS, Section 1 .62 also requires each Supervisor of Elections to transmit to the State Division of Elections absentee ballot request information on a daily basis; and WHEREAS, Rule 1 S-2.043, Florida Administrative Code, sets forth in detail the electronic format to be used for Supervisors of Elections to provide absentee ballot request information to the State Division of Elections; and WHEREAS, Rule 1 S-2.043 requires that each absentee voter's record include the voter's name, address to which the voter has requested the absentee ballot is to be sent, phone number, email address if provided, party affiliation and precinct, with certain limited exceptions such as for law enforcement; and 670 WHEREAS, candidates, political committees, political parties and committees of continuing existence immediately can learn which voters have requested an absent ballot by making pubHc records requests for this information either to a Supervisor of Elections or to the State Division of Elections; and WHEREAS, the State Division of Elections posts absentee ballot request information by county on its website, and candidates, political committees, political parties and committees of continuing existence can access such information on a daily basis once the State Division of Elections assigns them a user name and password; and WHEREAS, candidates, political committees, political parties and committees of continuing existence then can contact voters who have made an absentee ballot request; and WHEREAS, information on a voter's decision whether to vote by absentee ballot, by early voting, or on the day of the election should not be subject to ready access by these groups and individuals; and WHEREAS, Miami-Dade County recently has experienced examples of alleged absentee ballot fraud and, on September 6, 2012, the Miami-Dade County Board of County Commissioners passed a Resolution urging the Florida legislature to exempt from public disclosure absentee ballot requests and personal information included on such requests; and WHEREAS, exempting from public disclosure absentee ballot requests and personal information included on absentee ballot requests would be an important step in curbing absentee ballot fraud. 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 urge the Florida legislature to exempt from public records disclosure absentee ballot requests and personal information included on absentee ballot requests, and further directs the City Administration to include this item in the City's 2013 State legislative Agenda. PASSED AND ADOPTED this_ day of September, 2012. ATTEST: Rafael Granado City Clerk F:\ATTO\TURN\RESOS\Absentee Ballot Reso.docx Matti Herrera Bower Mayor 671 THIS PAGE INTENTIONALLY LEFT BLANK 672 H OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie G. Brooks, Interim City Manager FROM: Jonah Wolfson, Commissioner DATE: September 201h, 2012 SUBJECT: Discussion Item October 24th, 2012 Commission Meeting Please place on the October 241h, 2012, City Commission Meeting agenda a discussion on the of RFP for Call Centers and include a local preference so as to provide the highest level of service possible. If you have any questions, please do not hesitate to contact my office at extension 643 JW/Ih 673 THIS PAGE INTENTIONALLY LEFT BLANK 674 R9 ~ New Business and Commission Requests R9E The Committee Of The Whole Will Meet During lunch Recess Of The October 24, 2012 City Commission Meeting At The City Manager's Office large Conference Room To Discuss Resumes Received For The City Manager's Position. (City Manager's Office) 675 THIS PAGE INTENTIONALLY LEFT BLANK 676 R9 ~ New Business and Commission Requests R9F Discussion Regarding Update On The Negotiations With Former City Manager Jorge Gonzalez. (City Attorney's Office) Agenda ltem_...:..K...:..q"---- Date /()-J q~ I 2- 677 THIS PAGE INTENTIONALLY LEFT BLANK 678 R9 ~ New Business and Commission Requests R9G Discussion Regarding Middle Beach Recreational Corridor -Phase 1. (Requested by Commissioner Edward L Tobin) 679 Date THIS PAGE INTENTIONALLY LEFT BLANK 680 IBE H OFFiCE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Kathie Brooks, interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Vice-Mayor October 12, 2012 Agenda item: Paperless Environment MEMORANDUM Please place a discussion item on the October 24, 2012 Commission Meeting Agenda to discuss guidance to the IT Steering Committee to review the pros and cons of becoming a paperless environment and create new policies and procedures to be implemented within the City of Miami Beach. We trust that you will find all in good order. Should you have any questions, please feel free to get in touch with my aide, Barbie Paredes at extension 6457. Best regards, JRE/bp 681 Agenda ltem __ R-.~-.,;__..~ Date _ _;_ttr_;_iJ~·v ........ ~ !:......;~----_ THIS PAGE INTENTIONALLY LEFT BLANK 682 Ml MIBE OFFICE OF THE MAYOR AND COMMISSION MEMORAN UM TO: Kathie Brooks, Interim City Manager FROM: Ed Tobin, Commissioner DATE: October 17, 2012 SUBJECT: Agenda item for October 24, 2012 City Commission Meeting Please place on the October 24th City Commission Meeting a discussion item regarding assisting Jewish Community Services (JCS) with temporary facility during renovations. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk V'/c ore; ond Agenda Item R q I Date lO~Jlf" II 683 THIS PAGE INTENTIONALLY LEFT BLANK 684 MIAMI BE OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager FROM: Ed Tobin, Commissioner DATE: October 17, 2012 SUBJECT: Agenda item for October 24, 2012 City Commission Meeting Please place on the October 241h City Commission Meeting a discussion item regarding commencement of penny tax for Convention Center. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk corn:n ... m:ry Agenda Item R q _ _:._ ___ _ Date /0-:7 V~tL 685 THIS PAGE INTENTIONALLY LEFT BLANK 686 MIAMI BE OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager FROM: Ed Tobin, Commissioner DATE: October 17, 2012 SUBJECT: Agenda item for October 24, 2012 City Commission Meeting Please place on the October 24th City Commission Meeting a discussion item regarding a status update of Flamingo Baywalk. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk Agenda Item Date /0 -J V~/ z_. 687 THIS PAGE INTENTIONALLY LEFT BLANK 688 Ml MIBE H OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie G. Brooks, Interim City M fROM: Matti Herrera Bower, Mayor DATE: October 17, 2012 SUBJECT: Miami~Dade County Public Schools Resolution for Commission discussion item Please piece on the October 24, 2012 Commission Agenda the attached resolution in support of Miami~Dade County Public Schools' Capital Bond Referendum to modernize and construct schools, including technology upgrades at all schools MHBilw 689 RESOlUTION IN SUPPORT OF MIAMI-DADE COUNTY PUBLIC SCHOOlS' CAPITAL BOND REFERENDUM TO MODERNIZE AND CONSTRUCT SCHOOLS, INClUDING TECHNOlOGY UPGRADES AT All SCHOOlS WHEREAS, Miami-Dade County Public Schools will ask county voters to invest in their schools by approving issuance of a $102 billion General Obligation Bond for renovating facilities, updating technology, building school replacements, expanding capacity and enhancing facility safety; and WHEREAS, inequity exists between instructional experience of students attending newer schools and those In outdated buildings. To take full advantage of today's technology and digital leaming environments, aging schools must be replaced or updated to ensure all students have access to cutting~ edge academic programming and modem safety and security measures; and WHEREAS, approval by the voters of the bond referendum is essential ro the school district and the business community as they seek a sustainable long-term solution for a!l of Miami-Dade County's public school students ensuring that every student is prepared for the evolving workforce. Common sense and numerous studies have concluded that students leam better in upgraded or newer facilities with advanced technology, better air quality and less noisE:L Upgraded or newer schools also add value to homes nearby; and WHEREAS, approving a bond referendum now makes sense because construction bonds issued in 1988 are being paid off, so homeowners will not experience a significant increase in taxes. Therefore, the proposed bond issue will have minimal Impact on the typical homeowner -· a projected $5 annually per $100,000 of taxable property value in the first and a projected average of $27 annually per $100,000 of taxable property value during the term and WHEREAS, the timing of the issuance is critical in order to minimize the cost to taxpayers while construction costs also are significantly !ower than at their peak, and interest rates are at historical tows; and WHEREAS, Miami-Dade County Public Schools' Capital Bond Referendum wi!l provide prosperity and security in our community by bringing capital from outside the county that will be invested in the local community, and ultimately providing students with more targeted academic oft'elings to become better prepared for the 21$1 Century global ecooomy; and WHEREAS, the long-term benefits of continuing the bond program in :2012 far outweigh the minimal increase in taxes by creating an estimated jobs during the first three years of the bond and over 18,000 sustainable jobs during the life of the bonds according to a recent economic impact study; and WHEREAS, Bonds will help enhance the safety and security of school buildings; renovate or upgrade every school; guarantee technology equity across all schools; seek stakeholder input while minimizing the burden on taxpayers; promote greater public/private partnerships; and provide transparnncy and confidence with citizen advisory and oversight committees; and WHEREAS, believes voters are empowered to determine If long-term needs of school facilities benefiting a new generation of students merit continuing the bond program by authorizing $1.2 billion of bonds ln2012o NOW, THEREFORE, BE IT RESOlVED THAT: -------supports Miami~Dade Public Schools' Capital Bond Refernndum to modernize and construct schools, including technology upgrades at an schools. NAME (print): _________ _ TITlE: __________ __ SiGNATURE:---------- DATE: _________________ _ 690 MIAMI BE H '' ~ '1" ' ~. ,... -. . . . ~ r:. ~ ·~ ·' , l OFFICE OF THE MAYOR AND COAAMISSiON 2012 OCT I? I:NrftMORANDUM \..,I ,' , . ,, ,, ·., Kathie Brooks, Interim City~·Marfcfger--·· ·· ..... FROM: Ubbin, Commissioner DATE: October 1 20 1 2 SUBJECT: Agenda item for the October 24, 2012 Commission meeting; a motion mode by the Sustainabiliiy Committee Please place on the Commission agenda a motion made by the Sustainability Committee on October 1 2012 recommending thai the Administration develop the appropriate guidelines to require all special events in the City to recycling. Please contact my office at ext. 7106 if have any questions. JL/er <·,' Agenda Item j:{ q l'vf Date 10-l.li~J L 691 THIS PAGE INTENTIONALLY LEFT BLANK 692 R10 Cl ORNEY REP RTS Ml MIBE C::ity of Miomi Becu::h, 1700 Convention Center Drive, Miami Beach, Florida 33139, COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members the City Commission FROM: Jose Smith, City SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. N.A vs. Giuse e Cavalieri et aL Case No. 12-34431 CA 23 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1800 Collins Avenue, Apt 9D, Miami Beach, Florida. The Summons and Complaint were served on the City on August 30, 201 The City's Answer and Affirmative Defense, asserting priority for any special assessments, including. but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on September 6, 2012. 2. Roberto Alvarez vs. Ci of Miami Beach, Case No. 12-31656 CA 22 (Circuit Court-11 Judicial Circuit in and for Miami Dade County). The City was served with this complaint on August 30, 2012 alleging that on October 4th 2010, the plaintiff, Roberto Alvarez, on the sidewalk of Dickens Avenue between 72nd Street and 73rd Street in Miami Beach, Florida as a result an uneven pavement and sustained serious personal injury (primarily knee meniscus tear). The plaintiff submitted an affidavit from witness, Elias Estopinian, who allegedly saw him fall, our investigators were unable to locate said witness. We shall file our answer to the complaint and propound discovery to the plaintiff. Pacific National Bank, a National Banking Association. vs. Jorge E. Rodriguez, et _eL Case No. 12-34088 CA 04 (Circuit Court -11 fh Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1 0700 SW 108 Avenue, Unit C-112, Miami, Florida. The Summons and Verified Complaint were served on the City on September 5, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on September 10, 2012. 694 Agenda Item ..........._~...__ Date ---'-''-"--4'--'-"""- City Attorney's Report October 24, 2012 Page2 4. Bank of America, N.A. vs. Christian Ruiz et aLl Case No. 12-17546 CA 10 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 2016 Bay Drive, Unit 307, Miami Beach, Florida. The Summons and Complaint were served on the City on September 5, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on September 10, 2012. 5. LNV Co ration vs. Mitchell Mant et al. Case No. 12-35601 CA 11 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 2250 Bay Drive, Unit Miami Beach, Florida. The Summons and Complaint were served on the City on September 12, 201 The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on September 19, 201 6. Adalee Martin vs. C of Miami Beach and Derek Kuilan, Case # 12-34690 CA 27 (Circuit Court-11 Judicial Circuit in and Miami Dade County). The City was served this complaint on September 13, 2012 alleging that on July 3, 2011, the plaintiff, Adalee Martin, was injured when she was thrown off a City issued ATV driven by City of Miami Beach Officer, Derek Kuilan, without head lights and while Officer Kuilan was legally intoxicated. It was further alleged that the A TV ran into two other individuals on the beach before the plaintiff was thrown The accident occurred about 5 a.m. on the beach. We shall file our answer to the complaint and assert affirmative defenses that the Officer was not acting under the course and scope of his employment and was not negligently supervised and in the event that he was, the negligent supervision was not the proximate cause of the accident. We shall also propound discovery to the plaintiff. 7. Barbara Pergament vs. City of Miami Beach and FDOT, Case No. 12-3467 CA 27 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on September 13, 2012 alleging that on November 30, 2011, the plaintiff, Barbara Pergament, was walking along the south side of 71 Street, a/k/a SR 934, east of Byron Avenue and west of Abbot Avenue in the City of Miami Beach when she tripped as a result of a broken, cracked and uneven sidewalk and fractured her left elbow which required surgery. We shall file our answer to the complaint and propound discovery to the 695 City Attorney's Report October 24, 2012 Page3 8. The Bank of New York vs. Diego Raul Michanie, et aLl Case No. 12-35880 CA 58 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 7590 Bayside Lane, Miami Beach, Florida. The Summons and Complaint were served on the City on September 13, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on September 25, 2012. 9. Ma Wertheim vs. Ci of Miami Beach, Case No. 08-35916 CA 10 (Circuit Court-11 Judicial Circuit in and for Miami Dade County). The City was served with this complaint on September 13, 2012 alleging that on July 3, 2011, the plaintiff, Mary Wertheim, fell on the sidewalk of 101 Washington Avenue, Miami Beach, FL 33139 due to the City's failure to properly maintain the said sidewalk. Plaintiff is alleging physical injuries, lost wages and pain and suffering. Fire rescue report of the incident indicates that the plaintiff complained of and was treated for left arm pain without swelling and bruising as a result of the faiL We shall file our answer to the complaint and propound discovery. 10. Wells Far Bank N.A vs. Candido Rodri et aL Case No. 12-36910 CA 15 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 6385 W 27 Avenue, Unit 21-3, Hialeah, Florida. Summons and Complaint were served on the City on September 21, 2012. The City's Motion to Dismiss was filed on September 24, 2012. 11. Bank of America N.A. vs. Paula Ivers et aL Case No. 12-36715 CA 22 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 7 4 7 Michigan Avenue, Unit 201, Miami Beach Florida. The Summons and Complaint were served on the City on September 21, 201 The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on September 24, 201 696 City Attorney's Report October 24, 2012 Page4 12. Wells Fargo Bank, N.A. vs. The Unknown Spouse, Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees and all others who may claim an interest i Case No. 12-37042 CA 08 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1620 West Avenue, Unit 306, Miami Beach, Florida. The Summons and Complaint were served on the City on September 21, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on September 24, 2012. 13.Loida Colon vs. City of Miami Beach, Case No. 12-37404 CA 06 (Circuit Court- 11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on September 26, 2012 alleging that on April 15, 2011, the plaintiff, Loida Colon, stepped into a hole in the grassy median which bordered the sidewalk in front of 1508 Bay Road, Miami Beach, Miami Dade County, Florida. It is alleged that she was walking across the grassy median to reach her vehicle parked in the street side of the median when she was caused to violently in the said uncovered hole and spraining her right knee. She alleges that this is a cable hole that was left uncovered thereby causing a hazardous condition for pedestrians traversing the area. We shall file our answer and propound discovery to the plaintiff. 14.Nav Federal Credit Union v. Claudi Casso ol. Case No. 12-10461 CA 27 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 851 NE 20ih Terrace, #6-204, North Miami Beach, Florida. The Summons and Complaint were served on the City on September 27, 201 The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on October 3, 2012. 15.JPM an Chase Bank N.A. vs. Pedro P. Hevia Case No. 12-38476 CA 02 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 2016 Bay Drive, Unit 406, Miami Beach, Florida. The Summons and Verified Complaint to Foreclose Mortgage were served on the City on October 8, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on October 10, 2012. 697 City Attorney's Report October 24, 2012 Page5 16. Vladimir Romanov vs. Edgard A. Rodriguez and City of Miami Beach, Case No. 12-37102 CA 01(Circuit Court -11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on October 10, 2012 alleging that on September 21, 2008, the plaintiff, Vladimir Romanov, was struck and injured when he was struck by a City of Miami Beach vehicle driven by co-defendant, Edgard A. Rodriguez, a City employee. The plaintiff was struck while he was allegedly resting by a palm tree in Lummus Park in Miami Beach. We shall file a motion to dismiss the complaint against co-defendant, Rodriguez if he is not voluntarily dropped by the plaintiff. We will file our usual answer to the complaint and propound discovery to the plaintiff. 17. The Bank of New York Mellon vs. Mark Perun, Case No. 12-38476 CA 02 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1605 Daytonia Road, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on October 11, 2012. The City's Answer and Affirmative Defense. asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes will be timely filed. 18. Jerome Berman vs. Global trum 12-39361 CA 27 (Circuit Court -11 County, Florida) and Cit of Miami Beach Case No. Judicial Circuit in and for Miami-Dade The City was served with this complaint on October 11, 2012 alleging that on October 16, 2011, the plaintiff, Jerome Berman, was injured when he slipped and fell on a wet and slippery area on the terrazzo floor while he was a business invitee at the Miami Beach Convention and Conference Center. He is also suing Global Spectrum, the managers of the Convention Center. We shall forward a letter requesting representation and indemnification from Global Spectrum and will file our answer to the complaint and propound discovery to the plaintiff. JS/EB/SR/Ir 698 THIS PAGE INTENTIONALLY LEFT BLANK 699 R1 0 -City Attorney Reports R 1 OB Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, October 24, 2012, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. Agenda Item Date IO#JV-tL 700 THIS PAGE INTENTIONALLY LEFT BLANK 701 REP RTS AND INF R ATI NAL ITE S -..... CD 3 en Repo and Informational Items (see LTC 267-2012) 703 THIS PAGE INTENTIONALLY LEFT BLANK 704 AI c )> Commission Agenda, October 24, 2012 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 24, 2012 Chairperson of the Board Matti Herrera Bower Member of the Board Jorge Exposito Member of the Board Michael Gongora Member of the Board Jerry Libbin · Member of the Board Edward L. Tobin Member of the Board Deede Weithorn Member of the Board Jonah Wolfson Executive Director Kathie G. Brooks Assistant Director Jorge Gomez General Counsel Jose Smith Secretary Rafael E. Granado 1. NEW BUSINESS AGENDA A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Approving A Funding Contribution In An Amount Of $250,000 To Address The Relocation Of The Kitchen Exhaust Venting System Installed By The Pennsylvania Avenue Garage Retail Tenant, Penn 17, LLC. D/B/A Cooper Avenue; With Funding Available From Previously Appropriated City Center RDA Capital Fund 365; And Further, Authorizing The Interim Executive Director To Negotiate Terms Of An Agreement With Penn 17, LLC To Proceed In Redesigning, Permitting And Constructing A Kitchen Exhaust Venting System That Discharges Away From The Service Alley Located Between The New World Symphony Building And The Pennsylvania Avenue Garage. Joint City Commission And Redevelopment Agency (Real Estate, Housing & Community Development) (Memorandum & Resolution to be Submitted in Supplemental) 706 18 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and are generally held on the same day the Miami Beach City Commission holds their regularly scheduled meetings. The Redevelopment Agency meetings commence at 10:00 a.m. 1. Jorge M. Gonzalez has been designated as the Agency's Executive Director. Robert Parcher has been designated as the Agency's Secretary. 2. Person requesting placement of an item on the agenda must provide a written statement to the Agency Executive Director, 4th Floor, City Hall, 1700 Convention Center Drive, telephone 673- 7285, outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment will be set up to discuss the matter with a member of the Executive Director's staff. Procedurally, "Request for Agenda Consideration" will not be placed upon the Agency agenda until after Administrative staff review. Such review will ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully apprised of the matter to be presented. Persons will be allowed three (3) minutes to make their presenta.tion and will be limited to those subjects included in their written request. Such written requests must be received in the Executive Director's office no later than noon on Tuesday of the week prior to the scheduled Agency meeting to allow time for processing and inclusion in the agenda package. 3. Once an agenda for the Redevelopment Agency meeting is published, and a person wishes to speak on items listed on the agenda, he/she may call or come to the Agency Secretary's Office, 1st floor, City Hall, 1700 Convention Center Drive, telephone 673-7 411, before 5:00p.m., on the Tuesday prior to the Agency meeting and give their name, the agenda item to be discussed and, where known, the agenda item number. The Agency agenda is available via the City's website, (www.miamibeachfl.gov) on the Friday prior to the Agency meeting or may be reviewed at the Agency's Secretary Office (City Clerk's Office) on the Monday prior to the Agency's regular meeting. 4. All persons who have been listed by the Agency Secretary to speak on the agenda item in which they are specifically interested, will be allowed up to three (3) minutes to present their views. Robert Parcher Agency Secretary F:\CLER\CLER\CITYCLER\RDA Agenda .V3.doc March 5, 2007 707 REDEVELOPMENT AGENCY ITEMS 1A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Approving A Funding Contribution In An Amount Of $250,000 To Address The Relocation Of The Kitchen Exhaust Venting System Installed By The Pennsylvania Avenue Garage Retail Tenant, Penn 17, LLC. D/B/A Cooper Avenue; With Funding Available From Previously Appropriated City Center RDA Capital Fund 365; And Further, Authorizing The Interim Executive Director To Negotiate Terms Of An Agreement With Penn 17, LLC To Proceed In Redesigning, Permitting And Constructing A Kitchen Exhaust Venting System That Discharges Away From The Service Ailey Located Between The New World Symphony Building And The Pennsylvania Avenue Garage. Joint City Commission And Redevelopment Agency (Real Estate, Housing & Community Development) (Memorandum & Resolution to be Submitted in Supplemental) Agenda ltem __ J _A __ _ Date I!J·2V-/Z 708 THIS PAGE INTENTIONALLY LEFT BLANK 709