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20121212 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive December 12, 2012 Mayor Matti Herrera Bower Vice-Mayor Michael Gongora Commissioner Jorge R. Exposito 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-9:00a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals and Deferrals The City Commission will recess for lunch at approximately 1 :00 p.m. Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Agenda R7 Resolutions C2 Competitive Bid Reports R9 New Business & Commission Requests C4 Commission Committee Assignments R 10 City Attorney Reports C6 Commission Committee Reports C7 Resolutions Reports and Informational Items We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community 1 Commission Agenda, December 12, 2012 Presentations and Awards PA 1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For October 2012. (Requested by Commissioner Jorge R. Exposito) PA2 Check Presentation From Florida Inland Navigation District (FIND) Commissioner T. Spencer Crowley Ill, In The Amount Of $74,766 For The Pine Tree Park Shoreline Improvement Project Grant. (City Manager's Office) PA3 Certificates Of Appreciation To Be Presented For The Coordination Of The 2012 Veterans Day Parade And Ceremony. (Requested by Commissioner Jerry Libbin) PA4 Certificate Of Recognition To Be Presented To Clarkes For Their Service To The Community. (Requested by Vice-Mayor Michael Gongora) PA5 Proclamation To Be Presented To Miami Beach Senior High SHARE Program, Marking Its 751h Anniversary. (Requested by Vice-Mayor Michael Gongora) PA6 Proclamation To Be Presented To Artzine For Their ih Anniversary. (Requested by Commissioner Deede Weithorn) PA? Proclamation To Be Presented To Publix For Their New North Beach Store. (Requested by Commissioner Deede Weithorn) CONSENT AGENDA Action: Moved: Seconded: Vote: 2 2 Commission Agenda, December 12, 2012 C2 -Competitive Bid Reports C2A Request For Approval To Award Contracts Pursuant To Invitation To Bid No. 64-11/12, For Preventive Maintenance And Repair Services For Emergency Generators, To All Power Generators, Inc., As The Primary Vendor, And TAW Power Systems, Inc., As The Secondary Vendor, In An Estimated Annual Amount Of $31,000. (Public Works/Procurement) C2B Request For Approval To Issue A Request For Proposals (RFP) For Call Center Services. (Finance DepartmenUEOC/Procurement) C2C Request For Approval To Issue A Request For Qualifications (RFQ) For A Construction Manager At Risk (CMR) Firm To Provide Pre-Construction Services And Construction Phase Services Via A Guaranteed Maximum Price (GMP) Amendment For The Scott Rakow Youth Center Ice Skating Rink Mechanical Repairs And Building Renovations. (Capital Improvement Projects) C4 -Commission Committee Assignments C4A Referral To The Neighborhood/Community Affairs Committee A Discussion Regarding The City Of Miami Beach Centennial, Which Will Occur On March 26, 2015. (City Manager's Office) C4B Referral To The Finance And Citywide Projects Committee, A Discussion To Consider A Request For Rent Relief From Penn 17, LLC., Regarding The Retail Space At The Pennsylvania Avenue Parking Garage. (Real Estate, Housing & Community Development) C4C Referral To The Finance And Citywide Projects Committee Of A Discussion To Consider Two Lease Agreements: One Lease With State Representative David Richardson For 690 Square Feet Of Office Space Consisting Of Suites 402A And 402B Located At 1701 Meridian Avenue; And Another Lease With Commissioner Bruno Barreiro For 412 Square Feet Of Office Space Located On The Ground Floor Of City Hall; Said Discussion To Include The Setting And Advertising Of Public Hearings For The January 16, 2013, Commission Meeting. (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: Real Estate, Housing & Community Development) C4D Referral To The Finance And Citywide Projects Committee -Discussion Regarding The Issuance Of A Request For Proposals For The Installation And Operation Of Citywide Automated Teller Machines At Various City-Owned Properties And Facilities, Approved By The City Commission On March 21, 2012. (Real Estate, Housing & Community Development) 3 3 Commission Agenda, December 12, 2012 C4-Commission Committee Assignments (Continued) C4E Referral To Neighborhoods/Community Affairs Committee To Discuss Potential Options For Collins Canal Project. (Requested by Commissioner Edward L. Tobin) C4F Referral To The Finance And Citywide Projects Committee To Discuss Benefits For City Employees. (Requested by Vice-Mayor Michael Gongora) C4G Referral To Neighborhoods/Community Affairs Committee To Discuss Equitable Distribution Of City Resources To Beautify Neighborhoods. (Requested by Commissioner Edward L. Tobin) C4H Referral To Neighborhoods/Community Affairs Committee To Discuss Restaurant Solicitation Of Pedestrians On City Sidewalks, Particularly Ocean Drive And Lincoln Road. (Requested by Commissioner Edward L. Tobin) C41 Referral To The Land Use And Development Committee: 1) Zoning & Planning Initiatives For North Beach Area Including Ordinance Amendments For Parking Requirements And Development Regulations; 2) Transit Enhancements For North Beach; And 3) Application Of Parking Impact Fees To Satisfy Hotel Parking Requirements Outside Of Historic Districts. (Requested by Commissioner Jerry Libbin) C4J Referral To The Neighborhoods/Community Affairs Committee-Proposed Amendments To City Code Chapter 38 Regarding "Elections." (City Attorney's Office) C4K Referral To The Finance And Citywide Projects Committee -Discussion Regarding Police Athletic League (PAL) Lease. (City Manager's Office) C4L Referral To Neighborhoods/Community Affairs Committee To Discuss Building A Guardhouse At East Entrance Of Normandy Shores. (Requested by Commissioner Edward L. Tobin) C4M Referral To The Land Use And Development Committee -Discussion Pertaining To "Smarter Materials For Next Generation Infrastructure," Such As Eliminating The Disposal Of Tires In Global Landfills And Incinerators. (Requested by Vice-Mayor Michael Gongora) 4 4 Commission Agenda, December 12, 2012 C4-Commission Committee Assignments (Continued) C4N Referral To Neighborhoods/Community Affairs Committee -Discussion Involving A Long Term Solution For The Ongoing Rodent Issue On 41st Street. (Requested by Vice-Mayor Michael Gongora) C40 Referral To Neighborhoods/Community Affairs Committee -Discussion Involving Citywide Lighting Conditions. (Requested by Vice-Mayor Michael Gongora) C4P Referral To The Planning Board -An Amendment To The Land Development Regulations That Will Create Protection From Total Demolition Of Architecturally Significant Single Family Homes Built Prior To 1942. (Requested by Mayor Matti Herrera Bower) C6 -Commission Committee Reports C6A Report Of The Finance And Citywide Projects Committee Meeting On November 9, 2012: Emergency Item: 1) Discussion Regarding A Resolution Authorizing: 1) An Amendment To The NSP1 Agreement Between The City And The State Of Florida Department Of Economic Opportunity (DEO) And The Related Agreement Between The City Of Miami Beach Community Development Corporation (MBCDC) To Extend The Expiration Date Of Both Agreements To February 15, 2013; 2) To Utilize Unspent Administration Funds In The Amount Of Approximately $248,000 To Reduce The Debt Service At The Neptune Apartments In Order To Reduce The Rents, To Modify The Project Budgets; And 3) To Modify The Corresponding Mortgages. Old Business: 1) Update On Proposed Municipal Marketing Program For South Pointe Park And Other Potential Municipal Marketing Partnerships. 2) Discussion Regarding The Issuance Of Request For Proposals (RFP) For Catering And Concession Services For The Miami Beach Convention Center. 3) Discussion Regarding Disposition Of Surplus Equipment. 4) Discussion Regarding A Resolution Approving Funding, In An Amount Not To Exceed $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. 5) Discussion Regarding Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinances 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; Discussion Regarding Creating A New Subsection For Pay Grade 26. 6) Discussion Regarding The Issuance Of RFP For Call Centers And Including A Local Preference So As To Provide The Highest Level Of Service Possible. 7) 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. 5 5 Commission Agenda, December 12, 2012 C6-Commission Committee Reports (Continued) C6B Report Of The Neighborhood/Community Affairs Committee Meeting Of November 19, 2012: 1) Discussion To Enhance The Capital Project Entitled Normandy Shores Golf Course Aluminum Picket Security Fence. 2) Discussion Regarding Licensing And Authorization Requirements For Mobile Trucks And Proposal For A City Sponsored Food Truck Festival. 3) Quarterly Crime Statistics (Recurring Item On A Quarterly Basis). 4) Follow Up Report On The Progress Of The Cat Network's Efforts In The City Of Miami Beach. 5) Resolutions Authorizing Agreements With Various External Entities To Assist The City In Implementing The Action Plan To Address Potential Corruption And Misconduct: A. A Resolution Approving And Authorizing The City Manager And City Attorney To Negotiate An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Office Of The Inspector General (MDCOIG), To Authorize The MDCOIG To Provide Independent Investigations Into City Practices And· Operations In Order To Prevent And Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct, Or Other Abuses. B. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida, On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To Develop And Provide A Comprehensive Ethics Training Program For City Employees Who Hold Positions That Are In Regulatory Areas Of The City. 6) Discussion Regarding Proposed Amendments To The City's Film And Print Guidelines. 7) Discussion Regarding An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration," By Amending Article VI, Entitled "Procurement," By Amending Division 5, Entitled "Debarment Of Contractors From City Work," By Amending Section 2-397, Entitled "Purpose Of Debarment," To Provide The Purpose For Suspensions; By Amending Section 2-398, Entitled "Definitions," To Provide Additional Definitions Regarding Suspension Of Contractors; By Amending Section 2-399, Entitled "List Of Debarred Contractors," To Provide For The Additional Listing Of Suspended Contractors; By Amending Section 2-400, Entitled "Effects Of Debarment" To Provide For The Effects Of Suspension; By Amending Section 2-401, Entitled "Continuation Of Current Contracts," To Provide That Suspension May Affect The Continuation Of Current Contracts Or Bids; By Amending Section 2-402, Entitled "Restrictions On Subcontracting," To Provide For Restrictions On Suspended Contractors; By Amending Section 2-403; Entitled "Debarment," To Provide For The Suspension Of Contractors; By Amending Section 2-404, Entitled "Causes For Debarment," By Providing For An Additional Cause For Debarment When A City Contractor Is Found To Have Committed Any Offense Indicating A Lack Of Business Integrity Or Honesty That Seriously And Directly Affects The Present Responsibility Of A City Contractor, And To Provide For Causes For Suspension; By Amending Section 2-405, Entitled "Debarment Procedures," To Provide Procedures For Suspension Of Contractors; By Amending Section 4-206, Entitled "Period Of Debarment," By Providing For Periods Of Suspension And Requests For Reducing Periods Of Suspension; Providing For Repealer; Severability; Codification; And An Effective Date. 8) Discussion Of Establishing Parasailing Safety Standards. 9) Quarterly Reports Regarding Washington Avenue. 10) Discussion Regarding The Various Types Of Water Sports Activities That Exist Today To Amend The 1964 Ordinance. 6 6 Commission Agenda, December 12, 2012 C7 -Resolutions C? A A Resolution Approving And Authorizing The City Manager Or Her Designee To Support A Grant Application From The Miami Beach Chamber Of Commerce's Education Foundation (Miami Beach Education Foundation), With The Miami Beach Education Foundation Serving As The Applicant And The City Of Miami Beach As A Partner, To The Health Foundation Of South Florida For Funding In The Approximate Amount Of $200,000, For A Full Time Registered Nurse (Or Equivalent Services) To Provide Services At Treasure Island Elementary, North Beach Elementary And Ruth K. Broad Bay Harbor K-8 Center. (Budget & Performance Improvement) C?B A Resolution Setting A Public Hearing Pursuant To Miami Beach City Code Section 118-563, To Consider Granting A Certificate Of Appropriateness For The Total Demolition Of An Existing Single Story Building And The Construction Of A New 5-Story Parking Garage With Accessory Ground Level Commercial Space At 340 23rd Street (Collins Park Garage). (Capital Improvement Projects) C?C A Resolution Setting A Public Hearing To Consider Granting A Waiver Of Certain Development Regulations, Pursuant To Section 142-425(d) Of The City's Zoning Ordinance, For The Collins Park Garage Project, Located Within The Museum Historic District And Collins Park Neighborhood; Said Waiver Regarding The Maximum Building Height. (Capital Improvement Projects) C?D A Resolution Approving The Recommendation Of The Neighborhood And Community Affairs Committee To Enhance The Capital Project Entitled Normandy Shores Golf Course Aluminum Picket Security Fence. (City Manager's Office) C?E A Resolution Authorizing The City Manager To Execute A One Month Extension, From December 31, 2012 To January 31, 2013, To The Agreement For A Voluntary Employee Loan Program Through The BMG Money Loans-At-Work Program To Make Available Loans To Interested Active Employees Of The City Of Miami Beach, Further Referring Renewal Of The Agreement Versus Issuance Of A New RFP, To The Finance And Citywide Projects Committee For Their Recommendation Of The Aforstated Matter. (Human Resources) C?F A Resolution Authorizing The Donation Of FY 2010/11 And FY 2011/12 Surplus Computer Equipment In "As Is" Condition To The Miami-Dade Broadband Coalition. (Information Technology) C?G A Resolution Amending The Permit Terms Issued To The Miami Beach Senior High School Parent Teacher Association (MBSH-PTA), A Not-For-Profit Entity, To Utilize The Public Swale Area Located At Dade Boulevard, Adjacent To The School, To Provide Additional Parking From February 15-18, 2013, For The Miami International Boat Show, Through A Fundraising Event; Further Providing For An Increase In The Parking User Fee From $20.00 To $30.00 Per Vehicle. (Parking Department) 7 7 Commission Agenda, December 12, 2012 C7-Resolutions (Continued) C7H A Resolution Approving Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase Of Taser X-2 Electronic Control Devices (ECD), And All Department-Issued Accessories (Extended Warranties, Battery Packs, Holsters, Cartridges, Etc.), From DGG Taser, Inc., The Sole Manufacturer Authorized Distributor In The State Of Florida For Taser Brand Products. (Police Department/Procurement) C71 A Resolution Approving, Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase Of Alliant Techsystems {ATK) Ammunition, From Florida Bullet Inc., The Sole Source Distributor In The State Of Florida, In An Amount Not To Exceed $44,767.70. (Police Department/Procurement) C7 J A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement To Florida Power And Light At Marjory Stoneman Douglas Park For The Installation And Maintenance Of Pad-Mounted Transformers That Will Provide For Underground Service Of The Lighting System. (Public Works) C7K A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement To Florida Power And Light On Lot B Of The Hibiscus Island Tract For The Installation And Maintenance Of Conduits, Switch Cabinets, And A Capacitor Bank That Will Provide For Underground Service Of The Lighting System. (Public Works) C7L A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Stormwater Pump Station And Pollution Control Structures Maintenance Memorandum Of Agreement, A Memorandum Of Agreement Regarding Off-System Construction And Maintenance Of Improvements, And A Perpetual Easement Agreement With The Florida Department Of Transportation, For The Construction Of Drainage Improvements Along 43rd Street, And Maintenance Of Pump Station And Pollution Control Structures, As Part Of The State Road A1A/Indian Creek Drive Project, From 42nd Street To 441h Street And State Road A1A/Collins Avenue/Indian Creek Drive Along 43rd Street Projects. (Public Works) C7M A Resolution Approving The Sole Source Purchase Of The Matching Trash Receptacle From Recycle Clear, The Manufacturer Of The Recycling Receptacle Provided Under The Coca-Cola Sponsorship Agreement, In The Estimated Amount $34,400 For Fiscal Year 2012/13, And Waiving By 5/7th Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City. (Public Works) C7N A Resolution Receiving The Incentives Review And Recommendations Report From The Affordable Housing Advisory Committee. (Real Estate, Housing, & Community Development) 8 8 Commission Agenda, December 12, 2012 C7 -Resolutions (Continued) C70 A Resolution Approving An Assignment From Syanna, LLC., A Florida Limited Liability Corporation, As Lessee/Assignor, To Italian Food Factory, LLC., A Florida Limited Liability Corporation, As Assignee/New Lessee, Of That Certain Lease Between The City And Assignor, Dated November 17, 2010, Involving The Use Of Approximately 2,216 Square Feet Of City- Owned Property Located At 22 Washington Avenue For Use As An Outdoor Cafe; Said Lease Having A Commencement Date Of November 18, 2010, And Expiring On November 17, 2015, With An Option To Renew For Four (4) Years And 364 Days. (Real Estate, Housing, & Community Development) C7P A Resolution Approving The Neighborhoods/Community Affairs Committee's Recommendation To Extend The North Beach Music And Food Festival Through The End Of FY 2012/2013. (Tourism & Cultural Development) C7Q A Resolution Approving And Authorizing The Appropriation Of A Contribution From The Ocean Drive Association Of An Amount Not To Exceed $145,000 In Support Of The Closure Of Ocean Drive For The 2012-2013 New Year's Celebration And The 2013 Bowl Championship Series (BCS) Game. (Tourism & Cultural Development) End of Consent Agenda 9 9 Commission Agenda, December 12, 2012 REGULAR AGENDA RS -Ordinances R5A An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including March 31, 2013, Providing For Repealer, Severability, Codification, And An Effective Date. 10:30 a.m. Second Reading Public Hearing (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: Parks & Recreation) (First Reading on November 14, 2012) R5B An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration," By Amending Article VI, Entitled "Procurement," By Amending Division 5, Entitled "Debarment Of Contractors From City Work," By Amending Section 2-397, Entitled "Purpose Of Debarment," To Provide The Purpose For Suspensions; By Amending Section 2-398, Entitled "Definitions," To Provide Additional Definitions Regarding Suspension Of Contractors; By Amending Section 2- 399, Entitled "List Of Debarred Contractors," To Provide For The Additional Listing Of Suspended Contractors; By Amending Section 2-400, Entitled "Effects Of Debarment" To Provide For The Effects Of Suspension; By Amending Section 2-401, Entitled "Continuation Of Current Contracts," To Provide That Suspension May Affect The Continuation Of Current Contracts Or Bids; By Amending Section 2-402, Entitled "Restrictions On Subcontracting," To Provide For Restrictions On Suspended Contractors; By Amending Section 2-403; Entitled "Debarment," To Provide For The Suspension Of Contractors; By Amending Section 2-404, Entitled "Causes For Debarment," By Providing For An Additional Cause For Debarment When A City Contractor Is Found To Have Committed Any Offense Indicating A Lack Of Business Integrity Or Honesty That Seriously And Directly Affects The Present Responsibility Of A City Contractor, And To Provide For Causes For Suspension; By Amending Section 2-405, Entitled "Debarment Procedures," To Provide Procedures For Suspension Of Contractors; By Amending Section 4-206, Entitled "Period Of Debarment," By Providing For Periods Of Suspension And Requests For Reducing Periods Of Suspension; Providing For Repealer; Severability; Codification; And An Effective Date. 11 :00 a.m. Second Reading Public Hearing (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) (First Reading on November 14, 2012/Referred to NCAC) (Memorandum & Ordinance to be Submitted in Supplemental) R5C An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The City Of Miami Beach, Florida, By Amending The Salary Ranges And Establishing Compensation Provisions For The City Manager And The City 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 October 24, 2012/Referred to FCWPC) 10 10 Commission Agenda, December 12, 2012 R5-Ordinances (Continued) R5D 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 (Requested by Applicant-4701 North Meridian, LLC) (Legislative Tracking: Planning Department) (Continued from October 24, 2012) 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. Second Reading Public Hearing (Requested by Applicant-4701 North Meridian, LLC) (Legislative Tracking: Planning Department) (First Reading on October 24, 2012) R5E Parking District No. 5 -Sunset Harbour An Ordinance 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. 5:15p.m. Second Reading Public Hearing (Requested by Land Use & Development Committee) (Legislative Tracking: Planning Department) (First Reading Public Hearing on November 14, 2012/Referred to LUDC) 11 11 Commission Agenda, December 12,2012 R5-Ordinances (Continued) R5F An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, Facilities And Vehicles," By Amending Article II, To Be Entitled "Restricted Wake Zones," To Create Regulations For Restricted Wake Zones; Providing For A Purpose; Providing For Definitions; Providing For Restricted Areas; Providing For Posting Of Regulatory Markers; Providing For Exemptions; Providing For Enforcement And Penalties; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioner Jorge R. Exposito) (Legislative Tracking: City Attorney's Office) (Memorandum & Ordinance to be Submitted in Supplemental) R7 -Resolutions R? A Levine Memorial Bench Donation A Resolution Accepting The Donation From The Levine Family Of A Memorial Bench Designed By Agustina Woodgate Honoring The Community Legacy Of I. Stanley Levine, For Placement On The Nine Hundred Block Of Lincoln Road; And Further Authorizing The City Manager To Execute A Contract With The Levine Family Accepting The Donation Valued At $40,000 And Establishing A Maintenance Reserve Account Of $1,000 For The First Year Of Maintenance And Repairs To Said Memorial Bench. 10:15 a.m. Public Hearing (Tourism & Cultural Development) R?B 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 October 24, 2012) (Memorandum to be Submitted in Supplemental) R?C A Resolution Approving The Extension Of Hours For Certain Alcoholic Beverage Establishments With A 5:00a.m. Liquor License And Under Certain Specified Conditions Pursuant To Section 6 Of The City Code For Winter Party (March 8-9, 2013) And White Party (November 29, 30, 2013) As Recommended By The Land Use And Development Committee. (City Manager's Office) (Requested by Vice-Mayor Michael Gongora) 12 12 Commission Agenda, December 12, 2012 R7 -Resolutions (Continued) R7D Resolutions Authorizing Agreements With Various External Entities To Assist The City In Implementing The Action Plan To Address Potential Corruption And Misconduct: 1. A Resolution Approving And Authorizing The City Manager And City Attorney To Negotiate An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Office Of The Inspector General (MDCOIG), To Authorize The MDCOIG To Provide Independent Investigations Into City Practices And Operations In Order To Prevent And Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct, Or Other Abuses. 2. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida, On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To Develop And Provide A Comprehensive Ethics Training Program For City Employees Who Hold Positions That Are In Regulatory Areas Of The City. (Human Resources) R7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No 1 To An Employment Agreement Between The City And Kathie G. Brooks, Extending Ms. Brooks' Engagement As City Of Miami Beach Interim City Manager For An Additional Three (3) Month Period, Commencing On January 8, 2013, And Ending On April 30, 2013. (City Attorney's Office) R7F A Resolution Adopting The Official Certificate Of The Miami-Dade Canvassing Board For The Final Results Of The November 6, 2012 Special Election For The City Of Miami Beach, And Declaring The Final Results Thereof. (City Attorney's Office/City Clerk's Office) R7G A Resolution Ratifying And Confirming The Appointment Of Rafael E. Granado As The City Clerk For The City Of Miami Beach, Florida. (City Attorney's Office) R7H A Resolution Approving Special Event Permit No. 201377 For WMC OJ Mag, Produced By Jonathan Cowan Productions, LLC, From March 20, 2013 To March 24, 2013, As Well As Load- In And Load-Out. (Tourism & Cultural Development) R71 A Resolution Accepting The Recommendation Of The Marine Authority Board At Its October 9, 2012 Meeting For The City Commission To Consider A No Wake Zone Ordinance And Referring The Proposed No Wake Zone Ordinance To The Neighborhoods/Community Affairs Committee For Its Further Consideration. (Requested by Commissioner Jorge R. Exposito) (Legislative Tracking: City Attorney's Office) 13 13 Commission Agenda, December 12, 2012 R7 -Resolutions (Continued) R7 J A Resolution Urging The State Attorney Katherine Fernandez Rundle To Aggressively Prosecute The Criminals That Are Perpetrating Crimes In The Normandy Shores Neighborhood And Requesting That The Chief Judge Joel Brown Of The Eleventh Judicial Circuit Court In And For Miami-Dade County Give Due Consideration To The Administration Of Such Matters In The Interest Of Victims' Rights. (Requested by Commissioner Jerry Libbin) (Legislative Tracking: City Attorney's Office) R7K A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee At Its November 9, 2012 Meeting To Consider The Attached Ordinance Amending The Salary Ranges And Providing For Such Other Terms, Conditions, And Benefits As The City Commission May Deem In The Best Interest Of The City. (City Attorney's Office) R7L A Resolution Approving The Recommendation Of The City Manager To Shortlist The Two (2) Top Ranked Proposers Of Portman CMC And South Beach Ace Which Will Proceed To Phase II Of Request For Qualifications (RFQ) No. 22-11/12 For A Public-Private Mixed-Use Development In Miami Beach For The Enhancement Of The Miami Beach Convention Center Campus/District, Including The Expansion Of The Miami Beach Convention Center And Development Of A Convention Center Hotel (The RFQ); Authorizing The City Manager To Negotiate Letters Of Intent (LOI's) With The Respective Shortlisted Proposers; And Further Providing That The Negotiated LOI's And Master Plan(s) Developed By The Respective Proposers Be Brought Back To The Mayor And City Commission At A Future Date For Further Action. (City Manager's Office) R7M ROW Infrastructure Improvement Program -Central Bayshore 1. 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 Lanzo Construction Co., Florida, For The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program, Neighborhood No. 8 Central Bayshore (Package A) And Lake Pancoast (Package C); Dated April 8, 2011 (The Contract), In The Not-To-Exceed Amount Of $306,194 To Provide Complete Milling And Resurfacing Of The Roadway In Lieu Of Asphalt Overlay For Certain Areas Within Package A, North Of 34 Street To 41 Street Between Alton Road And Meridian Avenue; And Package C, 25 Street, 26 Street And Flamingo Drive North Of 25 Street; With Currently Appropriated Funding In The FY 2012/13 Capital Budget, In The Amount Of $278,358 For Construction, And $27,836, For Contingency, For A Grand Total Of$ 306,194. 2. A Resolution Approving An Increase To The Base Construction Contract Value, For The Right-Of-Way Infrastructure Improvement Program -Neighborhood No. 8 -Central Bayshore (Package A) And Lake Pancoast (Package C), In The Amount Of $415,450 For Additional Water Meter Boxes And Relocation Of Backyard Water Services; From Previously Appropriated Funding From Fund 424-Water And Sewer Bonds 2000 Series. (Capital Improvement Projects Office) 14 14 Commission Agenda, December 12,2012 R7 -Resolutions (Continued) R7N Convention Center Management And Catering Solicitation 1 A Resolution Authorizing The Issuance Of A Request For Proposals (RFP) For Management And Operation Of The Miami Beach Convention Center, And/Or To Provide Catering And Concession Services For The Convention Center, As Recommended By The Finance And Citywide Projects Committee. 2. A Resolution Authorizing The Issuance Of An Invitation To Negotiate (ITN) For Management And Operation Of The Miami Beach Convention Center, And/Or To Provide Catering And Concession Services For The Miami Beach Convention Center. {Tourism & Cultural Development) 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 Preparing A Directive To Federal Legislature Lobbyist, Asking Them To Promote A Federal Windstorm Program. (Requested by Commissioner Jorge R. Exposito) (Item not reached in November 14, 2012) R9D The Committee Of The Whole Will Meet During Lunch Recess Of The December 12, 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) R9E Discussion Regarding The Condition Of The Stones In The 1100 Block Of Lincoln Road. (Requested by Commissioner Jonah Wolfson) R9F Discussion To Consider A Potential Development Of The Parking Lot Between 72nd And 73rd Street Of Collins Avenue. (Requested by Commissioner Jerry Libbin) 15 15 Commission Agenda, December 12, 2012 R9 -New Business and Commission Requests (Continued) R9G Discussion To Consider An RFP For The Development Of The West Lots Between 791h Street To 8ih Street Of Collins Avenue. (Requested by Commissioner Jerry Libbin) R9H Discussion To Revisit The Absolute Necessity For Mass Transit Connectivity From The Mainland To Miami Beach. (Requested by Commissioner Jerry Libbin) R91 Discussion Regarding The Creation Of Procedures To Provide A 24 To 48 Hour Notification To Homeowners Prior To Water Being Shut Off Due To Non-Payment. (Requested by Commissioners Jorge R. Exposito And Edward L. Tobin) R9J Discussion Regarding The Seawall Along Historic Collins Canal And Employee Accountability. (Requested by Commissioner Edward L. Tobin) R9K Discussion On The Florida Statues Regarding License Plates. (Requested by Commissioner Jorge R. Exposito) R9L Discussion Regarding The Sudden Ticketing Of Vehicles With License Plate Covers. (Requested by Vice-Mayor Michael Gongora) R10-City Attorney Reports R 1 OA City Attorney's Status Report. (City Attorney Office) R10B Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, December 12, 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 No. 314-2012) End of Regular Agenda 16 16 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE CITY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, 12:30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adjournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV 77, and posted at City Hall. Approximately thirty (30) minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the Agenda may be obtained at the City Clerk's Office on Thursday morning prior to the regularly scheduled City Commission meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday prior to a regularly scheduled City Commission Meeting. 3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff. "Requests for Agenda Consideration" will not be placed on the Agenda until after Administrative staff review. Such review will ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s)listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone (305)673-7 411, before 5:00p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. F:\CLER\CLER\CITYCLER\sutnick.v21.doc 17 2013 Schedule of City of Miami Beach City Commission and Redevelopment Agency (RDA) Meetings Meetings begin at 9:00 a.m., and are held in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Commission Meetings Alternate Meetings January 16 (Wednesday) January 23 (Wednesday) February 6 (Wednesday) February 27 (Wednesday) March 13 (Wednesday) March 20 (Wednesday) April 17 (Wednesday) April 24 (Wednesday) May 8 (Wednesday) May 22 (Wednesday) June 5 (Wednesday) July 17 Wednesday) July 24 Wednesday) August -City Commission in recess September 11 (Wednesday) October 16 (Wednesday} October 23 (Wednesday) November 6 (Wednesday) -Election related only November 20* (Wednesday} November 27 (Wednesday) December 11 (Wednesday) December 18 (Wednesday) *If runoff election only F:\CLER\$ALL\a City Commission\2013 Schedule of City of Miami Beach.docx 18 "tJ )> Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For October 2012. (Requested by Commissioner Jorge R. Exposito) PA2 Check Presentation From Florida Inland Navigation District (FIND) Commissioner T. Spencer Crowley Ill, In The Amount Of $74,766 For The Pine Tree Park Shoreline Improvement Project Grant. (City Manager's Office) PA3 Certificates Of Appreciation To Be Presented For The Coordination Of The 2012 Veterans Day Parade And Ceremony. (Requested by Commissioner Jerry Libbin) PA4 Certificate Of Recognition To Be Presented To Clarkes For Their Service To The Community. (Requested by Vice-Mayor Michael Gongora) PA5 Proclamation To Be Presented To Miami Beach Senior High SHARE Program, Marking Its 75th Anniversary. (Requested by Vice-Mayor Michael Gongora) PA6 Proclamation To Be Presented To Artzine For Their 7th Anniversary. (Requested by Commissioner Deede Weithorn) PA7 Proclamation To Be Presented To Publix For Their New North Beach Store. (Requested by Commissioner Deede Weithorn) 20 Agenda Item Pfl I-7 Date 1~--/~~I::L THIS PAGE INTENTIONALLY LEFT BLANK 21 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts Pursuant To Invitation To Bid No. 64 11/12, For Preventive Maintenance And Repair Services for Emergency Generators, To All Power Generators, Inc., As The Primary Vendor And TAW Power Systems, Inc., As The Secondary Vendor, In The Estimated Annual Amount Of $31,000. Key Intended Outcome Supported: Ensure well-maintained facilities. Supporting Data (Surveys, Environmental Scan. etc.): N/A Item Summary/Recommendation: The purpose of Invitation to Bid (ITB) No. 64 11/12 was to establish a contract, by means of sealed bids, with a qualified vendor(s), to provide for Preventive Maintenance and Repair Services for Emergency Generators. This contract shall remain in effect for two (2) years from the date of contract execution by the Mayor and City Clerk. This contract may be renewed, atthe sole discretion ofthe City, through its City Manager, for three (3) additional one ( 1) year options. ITB No. 64 11/12 was issued on September 14, 2012, with a bid opening date of October 16, 2012. A pre-bid conference was held on September 26, 2012, and three (3) addendums were issued to provide additional information and respond to all questions submitted by the prospective bidders. Fifty-eight (58) bid notices were issued, fifty-three (53) though the Bid Net system and another five (5) through the Procurement Division. Seven (7) vendors downloaded the bid documents. Four (4) bids were received from: All Power Generators, TAW Power Systems, Inc., Atlantic Tower Services, and Pantropic Power Inc. Administration is recommending award to one primary and one alternate bidder (in the event that primary is unable to perform) as follows: All Power Generators, as the primary lowest responsive bidder, and to TAW Power Systems, Inc., as the alternate second lowest responsive bidder. APPROVE THE AWARD OF THE CONTRACT. Financial Information: Source of Amount Funds: 1 I $1o.aoo E£J 2 1 $21 ,ooo 3 OBPI Total $31,000 Financial Impact Summary: s Office Le islative Trackin Alex Denis, Ext. 7 490 ment Director Assistant FB __ _ JG __ 23 Account 520-1720-000342 Emergency Generator Contract Maintenance. 520-1720-000325 Emergency Ge Repairs & Maintenance AGEN OA n EM __;;;;;..,;:::;;..;'"""'-''-- OA TE --"-'""---'o:.-..'-L......,. ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Mattie Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager · DATE: December 12, 2012 SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS PURSUANT TO INVITATION TO BID NO. 64 ... 11/12, FOR PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR EMERGENCY GENERATORS, TO ALL POWER GENERATORS, INC., AS THE PRIMARY VENDOR, AND TAW POWER SYSTEMS, INC., AS THE SECONDARY VENDOR, IN AN ESTIMATED ANNUAL AMOUNT OF $31,000. ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Ensure well-maintained facilities. FUNDING Emergency Generator Contract Maintenance-520-1720-000325-$21,000 Emergency Generator Repairs & Maintenance-520-1720-000342-$10,000 ITB PROCESS Due to the aggregated expenditures estimates for generator maintenance and repairs exceeding $25,000 for the fiscal year, the Procurement Division requested and received specifications and a scope of work from Property Maintenance in order to establish a term contract with fix pricing. In the past these services were procured via a small purchase process. The Procurement Division issued an Invitation to Bid No. 64 11/12 in order to establish a term contract for Preventive Maintenance and Repair Services for Emergency Generators. ITB No. 64 11/12 was issued on September 14, 2012, with a bid opening date of October 16, 2012. A pre-bid conference was held on September 26, 2012, and three {3) addendums were issued to provide additional information and respond to all questions submitted by the prospective bidders. Fifty-eight (58) bid notices were issued, fifty-three (53) though the BidNet system and another five (5) through the Procurement Division. Seven (7) vendors downloaded the bid documents. Four (4) bids were received from: • All Power Generators 24 Commission Memorandum ITB 64 11112 Preventive Maintenance & Repair Services for Emergency Generators December 12, 2012 Page 12 • TAW Power Systems, Inc. • Atlantic Tower Services (ATS) • Pantropic Power, Inc. The ITB stipulated that award of this contract may be presented to the lowest and best bidders, as defined in General Conditions 1.36. Award may be made to a primary and an alternate bidder, in the event that the primary bidder was unable to perform in accordance with the terms and conditions of the contract. Prices were submitted for quarterly maintenance services for all citywide generators to determine the annual amount, at firm, fix rates. Please refer to Appendix "A" for tabulated results. EVALUATION PROCESS The Technical Review Panel (the "Panel") consisting of the following City staff members met on November 20, 2012, to review the bids received: Herman Fung, Property Contract Coordinator Ramon Duarte, Maintenance & Operations Superintendent The Panel concurred with the recommendation of the Procurement Division based on the lowest responsive bid received to award to All Power Generators, as the primary vendor, and to TAW Power Systems, Inc., the second lowest responsive bidder, as the secondary vendor. All Power Generators has been in business since 2001, and they possess an electrical license and their technicians are certified in the City's equipment. The performance evaluations received for All Power Generators were all eight (8) or greater. Their reference consisted of both public and private sector entities. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the Interim City Manager exercised her due diligence and is recommending to the Mayor and the City Commission to award the contracts to All Power Generators, as the primary vendor, and to TAW Power Systems, Inc., as the second lowest responsive bidder, as the secondary vendor. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award contracts pursuant to Invitation to Bid (IT B) No. 64 11/12, for Preventive Maintenance and Repair Services for Emergency Generators, to All Power Generators, as the primary vendor, and TAW Power Systems, Inc., as the secondary vendor, in the estimated annual of amount of $31 ,000. T:\AGENDA\2012\12-12-12\Preventive Maintenance & Repair Service for Emergency Generators-Memo.doc 25 ~ en LOCATION A. FIRE STATION 1051 Jefferson Ave 2300 Pinetree Dr. 5303 Collins Ave 6880 Indian Creek Dr B. POLICE DEPT. 1100 Washington Ave 1100 Washington Ave Prepared by: Lourdes Rodriguez TABULATION OF BIDS ITB 6411/12 PREVENTIVE MAINTENANCE REPAIR SERVICES FOR EMERGENCY GENERATORS Taw Power Systems, Atlantic Tower Services All Power Generators Inc. (ATS) Pantropic Power, Inc. TYPE OF EXTENDED EXTENDED EXTENDED EXTENDED SERVICE UOM UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Minor 3 $100.00 $300.00 $129.60 $388.80 $270.00 $810.00 $270.00 $810.00 Major 1 $400.00 $400.00 $421.20 $421.20 $690.00 $690.00 $542.00 $542.00 Minor 2 $100.00 $200.00 $154.80 $309.60 $270.00 $540.00 $270.00 $540.00 Major 2 $250.00 $500.00 $503.10 $1,006.20 $690.00 $1,380.00 $895.00 $1,790.00 Load Bank Test 1 $500.00 $500.00 $1,170.00 $1,170.00 $1,320.00 $1,320.00 $1,600.00 $1,600.00 Minor 3 $100.00 $300.00 $129.60 $388.80 $270.00 $810.00 $240.00 $720.00 Major 1 $380.00 $380.00 $421.20 $421.20 $690.00 $690.00 $550.00 $550.00 Minor 3 $100.00 $300.00 $126.00 $378.00 $90.00 $270.00 $240.00 $720.00 Major 1 $375.00 $375.00 $409.50 $409.50 $308.00 $308.00 $542.00 $542.00 Minor 2 $100.00 $200.00 $154.80 $309.60 $180.00 $360.00 $270.00 $540.00 Major 2 $670.00 $1,340.00 $503.10 $1,006.20 $630.00 $1,260.00 $1,053.00 $2,106.00 Load Bank Test 1 $500.00 $500.00 $1,530.00 $1,530.00 $1,320.00 $1,320.00 $1,900.00 $1,900.00 Minor 2 $100.00 $200.00 $154.80 $309.60 $180.00 $360.00 $270.00 $540.00 Major 2 $670.00 $1,340.00 $503.10 $1,006.20 $630.00 $1,260.00 $1,053.00 $2,106.00 Load Bank Test 1 $500.00 $500.00 $1,530.00 $1,530.00 $1,320.00 $1,320.00 $1,900.00 $1,900.00 ----'····· APPENDIX "A" Date: November 13, 2012 ~ ........ LOCATION C. PROPERTY MAINT. City Hall, 1700 Convention Center Drive D. BASS MUSEUM 2100 Park Avenue E. PARKING GARAGE 42nd Street Garage 17th Street Garage 17th Street Garage 16th Street Garage 16th Street Garage ····································-·· Prepared by: Lourdes Rodriguez TYPE OF SERVICE Minor Major Minor Major Minor Major Minor Major Minor Major Minor Major Minor Major --------------TABULATION OF BIDS ITB 6411/12 PREVENTIVE MAINTENANCE REPAIR SERVICES FOR EMERGENCY GENERATORS Taw Power Systems, Atlantic Tower Services All Power Generators Inc. (ATS) Pantropic Power, Inc. EXTENDED EXTENDED EXTENDED EXTENDED UOM UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 3 $100.00 $300.00 $140.40 $421.20 $180.00 $540.00 $270.00 $810.00 1 $440.00 $440.00 $456.30 $456.30 $450.00 $450.00 $840.00 $840.00 3 $100.00 $300.00 $140.40 $421.20 $270.00 $810.00 $270.00 $810.00 1 $475.00 $475.00 $456.30 $456.30 $810.00 $810.00 $895.00 $895.00 3 $100.00 $300.00 $118.80 $356.40 $180.00 $540.00 $210.00 $630.00 1 $200.00 $200.00 $386.10 $386.10 $436.00 $436.00 $420.00 $420.00 3 $100.00 $300.00 $126.00 $378.00 $180.00 $540.00 $210.00 $630.00 1 $200.00 $200.00 $409.50 $409.50 $436.00 $436.00 $420.00 $420.00 3 $100.00 $300.00 $129.60 $388.80 $180.00 $540.00 $240.00 $720.00 1 $375.00 $375.00 $421.20 $421.20 $436.00 $436.00 $720.00 $720.00 3 $100.00 $300.00 $129.60 $388.80 $180.00 $540.00 $270.00 $810.00 1 $375.00 $375.00 $421.20 $421.20 $504.00 $504.00 $625.00 $625.00 3 $100.00 $300.00 $129.60 $388.80 $180.00 $540.00 $270.00 $810.00 1 $375.00 $375.00 $421.20 $421.20 $504.00 $504.00 $625.00 $625.00 ~~---· APPENDIX "A" Date: November 13, 2012 ~ 00 LOCATION F. PUBLIC WORKS 2300 Pinetree Drive, Maintenance Facility 2300 Pinetree Drive, Water Pump Station TOTAL -~ Prepared by: Lourdes Rodriguez TYPE OF SERVICE Minor Major Load Bank Test Minor Major Load Bank Test TABULATION OF BIDS ITB 6411/12 PREVENTIVE MAINTENANCE REPAIR SERVICES FOR EMERGENCY GENERATORS Taw Power Systems, Atlantic Tower Services All Power Generators Inc. (ATS) Pantropic Power, Inc. EXTENDED EXTENDED EXTENDED EXTENDED UOM UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2 $100.00 $200.00 $129.60 $259.20 $270.00 $540.00 $320.00 $640.00 2 $350.00 $700.00 $421.20 $842.40 $690.00 $1,380.00 $728.00 $1,456.00 1 $600.00 $600.00 $990.00 $990.00 $1,320.00 $1,320.00 $1,200.00 $1,200.00 2 $100.00 $200.00 $154.80 $309.60 $270.00 $540.00 $270.00 $540.00 2 $525.00 $1,050.00 $503.10 $1,006.20 $690.00 $1,380.00 $895.00 $1,790.00 1 $600.00 $600.00 $1,170.00 $1,170.00 $1,320.00 $1,320.00 $1,600.00 $1,600.00 $15,225.00 $20,877.30 $26,804.00 $33,897.00 ~-~ APPENDIX "A" Date: November 13, 2012 ~ c,g LOCATION ADDITIONAL OPTIONS: Furnish and install an Emergency Standby Generator (equal load or better), if the City's unit cannot be repaired within eight (8) hours from contractor's receipt of emergency call. Standby generators shall be delivered with a full tank of fuel and a 50' Cable. Standby Generator 60 KVA 0-8 hours 8-16 hours 16-24 hours per week Standby Generator 100 KVA 0-8 hours 8-16 hours 16-24 hours per week Standby Generator 500 KVA 0-8 hours 8-16 hours 16-24 hours per week SO' Cable Delivery/Pickup Cost '---Prepared by: Lourdes Rodriguez TYPE OF SERVICE TABULATION OF BIDS ITB 6411/12 PREVENTIVE MAINTENANCE REPAIR SERVICES FOR EMERGENCY GENERATORS Taw Power Systems, Atlantic Tower Services All Power Generators Inc. (ATS) Pantropic Power, Inc. EXTENDED EXTENDED EXTENDED EXTENDED UOM UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT $350.00 $190.00 $0.00 $302.00 $450.00 $285.00 $0.00 $453.00 $550.00 $380.00 $0.00 $605.00 $1,800.00 $565.00 $1,222.00 $1,408.00 $400.00 $270.00 $0.00 $412.00 $500.00 $405.00 $0.00 $618.00 $600.00 $540.00 $0.00 $825.00 $2,100.00 $810.00 $1,982.00 $1,694.00 $1,075.00 $1,830.00 $0.00 $1,210.00 $1,350.00 $2,745.00 $0.00 $1,815.00 $1,900.00 $3,660.00 $0.00 $2,420.00 $5,500.00 $2,445.00 $3,718.00 $4,840.00 $35.00 $12.00 $61.00 $65.00 $350.00 $250.00 $720.00 $100.00 APPENDIX "A" Date: November 13, 2012 w 0 TABULATION OF BIDS ITB 6411/12 PREVENTIVE MAINTENANCE REPAIR SERVICES FOR EMERGENCY GENERATORS Taw Power Systems, All Power Generators Inc. {ATS) TYPE OF I I EXTENDED EXTENDED EXTENDED lOCATION I SERVICE UOM UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE Work not covered under maintenance agreement. At the City's sole discretion, additional services other than those specified in this solicitation, and to include Intervening Repair Calls and Emegency Repairs may be requested and will only be authorized by the contract administrator or his designee. Hourly labor Rate 1: ~(Straight time non-specified repairs, between the hours of 8:00 a.m. to 5 p.m., Monday thru Friday, rate is to include labor and travel, parts not included) Per Hour Rate' I I I sso.ool I $9s.ool I sso.ool Hourly labor Rate II: (Overtime non-specified repairs, before 8:00 a.m. or after 5 p.m., or weekends or holidays, rate is to include labor and travel, parts not included) Per Hour Rate I I I I $7s.ool I $142.sol I $9o.ool Prepared by: Lourdes Rodriguez APPENDIX "A" I $250.00 I $350.00 Date: November 13, 2012 COMMISSION ITEM SUMMARY Condensed Title: I Request For Approval To Issue A Request For Proposals {RFP) For Call Center Services. Key Intended Outcome Supported: Increase community satisfaction with City government; Enhance external and internal communications from and within the City; Maximize Efficient Delivery of Service; Improve process through information technology. Supporting Data (Surveys, Environmental Scan, etc.): The Utility Billing Section is currently averagin~ 20,000 calls annually with a 10% abandoned rate, while the Parking Department is averaging 30,000 annua ~ustomer service calls with a 20% abandoned rate. Prior to implementing the Building department call center he department had an average abandonment rate of 31%. The 2012 Community Satisfaction Report, 65% o espondents agreed or strongly agreed that it was easy to get to someone who could help them during their most recent contact with the City. During FY 2012 call volume was 50,198. Service level average was ~0.39% with an abandoned rate of 3.95%. Item Summary/Recommendation: The City of Miami Beach (the City) would like to solicit responses from qualified firms to provide Call Center services to various departments of the City of Miami Beach. The Finance and Citywide Projects Committee, at their July 29, 2011 budget briefing for fiscal year 2011/12, was advised of the Administration's proposal to outsource utility billing and parking customer service calls. On September 12, 2012, the Commission approved the issuance of the RFP for Call Center Services. As the request of Commissioner Wolfson, the RFP was not issued and a discussion items was placed at the October 12, 2012. On October 12, 2012 the Commission deferred this item to the Finance and Citywide Committee. On November 9, 2012 the Finance and Citywide Committee discussed this item and recommended the issuance of the RFP without recommending any further modifications to the scope of services or minimum requirements. The City would also like to receive proposals for consideration of outsourcing the combined Business Tax, Certificate of Use, and Annual Fire Permit calls received by the Finance Department Revenue Division customer service team, and the Emergency Operation Center (EOC). Additionally, other City Departments may also consider call center usage when necessary. It is anticipated that the successful proposer will negotiate with the City for a term contract with an initial term of three (3) years, with an option to renew for an additional two (2) one-year extensions at the Administration's sole discretion. The City's objective is to purchase the service on a per minute basis. The proposers are also required to provide alternative methods of purchasing the services that will be incorporated into the contract and will be available to the City at its discretion. THE ADMINISTRATION RECOMMENDS THE ISSUANCE OF THE RFP. Board Recommendation: Finance Citywide Commission recommended at its meeting held on November 9, 2012, to issue the RFP without recommendln an further chan es to the sco e of services or minimum re uirements. Financial Information: Source of Amount Account Funds: 1 $37,500 Parking Operations Fund 48 Water ? . $37,500 Water and Sewer Enterprise Fund 425 OBPI Total $75,000 Financial Impact Summary: islative Trackin Department Director Assistant City Manager I AD POW MIAMI BEACH 31 KGB AGENDA ITEM Cr).. 8 DATE I.:J-LJ~J2.. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM, Kathie G. Brooks, Interim City Manage~d_,L., DATE: December 12, 2012 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR CALL CENTER SERVICES. ADMINISTRATION RECOMMENDATION Approve Issuance of the RFP. KEY INTENDED OUTCOMES SUPPORTED • Increase community satisfaction with City government • Enhance external and internal communications from and within the City • Maximize Efficient Delivery of Service • Improve process through information technology. • Control costs of payroll including salary and fringes, minimize taxes, and ensure expenditure trends are sustainable over the long term. BACKGROUND On September 12, 2012, the Commission approved the issuance of the RFP for Call Center Services. As the request of Commissioner Wolfson, the RFP was not issued and a discussion items was placed at the October 12, 2012. On October 12, 2012 the Commission deferred this item to the Finance and Citywide Committee. On November 9, 2012 the Finance and Citywide Committee discussed this item and recommended the issuance of the RFP without recommending any further modifications to the scope of services or minimum requirements. The City of Miami Beach (the City) would like to solicit responses from qualified firms to provide Call Center services to various departments of the City of Miami Beach. The Finance and Citywide Projects Committee, at their July 29, 2011 budget briefing for fiscal year 2011/12, was advised of the Administration's proposal to outsource utility billing and parking customer service calls. The Utility Billing Section is currently averaging 20,000 calls annually with a 10% abandoned rate, while the Parking Department is averaging 30,000 annual customer service calls with a 20% abandoned rate. As a result of a reduction of six positions, or 42%, of customer service personnel over the past five (5) years, the Finance Department Revenue Division, which manages the Utility Billing function, has limited resources to handle the customer service counter, answer phone calls, respond to emails, and perform their daily accounting and financial functions. In an effort to provide excellent customer service to the residents and businesses of Miami Beach, the Administration is proposing to outsource customer service calls. 32 City Commission Memorandum December 12, 2012 Call Center Services RFP Page 2 of6 At an average of three (3) minutes per call, it would require the City of Miami Beach an equivalent of 2 full time employees to manage this volume of calls, which represents an approximate annual cost of $140,000 in salary and benefits. It is estimated that the cost of outsourcing these call would be considerably less and would lead to more productive and effective employees in their respective areas of work. Under the current environment, City of Miami Beach employees are managing 50,000 phone calls per year in addition to perform the duties of their full time job. When the phone rings, the employee must stop what he or she is doing and address the caller's questions. In many occasions, there is an after-call task related to the caller's inquiry to be addressed before the employee can resume the original task he or she was doing. These constant interruptions affect employee's effectiveness and productivity. Presently, the City of Miami Beach is handling a combined 50,000 annual Parking and Utility Billing related calls. These calls are divided among 10 full time Finance employees. It is estimated that a substantial number of phone calls are dropped which results in an increase of traffic to the City help desks due to an ineffective telephone answering system. It is anticipated that the proposed outsourcing of phone calls will lead to more productive City employees by eliminating call responsibilities; reduce lines and traffic at our customer service counter; and, lead to more positive customer experiences. The City would also like to receive proposals for consideration of outsourcing the combined Business Tax, Certificate of Use, and Annual Fire Permit calls received by the Finance Department Revenue Division customer service team. Additionally, the City would like to receive proposals for consideration of outsourcing the Emergency Operation Center (EOC). Funding in the amount of $37,500 is available from the Water and Sewer Enterprise Fund and additional $37,500 is available from the Parking Enterprise Fund. The total budget for the outsourcing project is $75,000 with no funds being utilized from the General Fund. SCOPE OF SERVICES The City wishes to hire a company that provides a fully equipped offsite call center to receive calls for the Finance, Parking, Emergency Operation Center (EOC) and other departments, as needed. This service should include all the necessary resources required to achieve a low abandonment rate. It is anticipated that the successful proposer will negotiate with the City for a term contract with an initial term of three (3) years, with an option to renew for an additional two (2) one-year extensions at the Administration's sole discretion. Finance Department The proposer should possess the following capabilities: 1. Provide automatic call distribution with full reporting capabilities. 33 City Commission Memorandum December 12, 2012 Call Center Services RFP Page 3 of6 2. The Call Center needs to be able to handle calls as follows: The Utility Billing Section is currently averaging 20,000 calls annually, while the Parking Department is averaging 30,000 annual customer service calls. 3. High Percentage (minimum of 50%) of Bilingual (English and Spanish) operators. 4. Provide a knowledge base system to assist contractor's agent to provide proper and consistent response to inquiries. 5. Provide a seamless telephone interface. 6. Fully operational call center facility for at least five (5) years and preferably in the Miami area. 7. Provide the ability to remotely monitor the interaction between callers and agents. 8. Provide a customer agent assessment mechanism at the City's option. 9. Call Center to be able to access City Department software to be able to answer related questions such as, but not limited to, the following: • Typical questions for Utility Billing are for these subject matters: o Processing payment over the phone; o Concerns regarding a higher than average bill; o Balance inquiries; o Utility service has been disconnected or scheduled for disconnection; o Payment or payment plan to be processing; o Opening of a new account; and, o Closing of an existing account. 10. Provide information on transactions that can be done on the website. 11. Full reporting capabilities. 12. Web based resolution tracking system. 13. The call center contractor will be required to provide the necessary technology to meet American with Disabilities (ADA) requirements. 14. The call center contractor shall have a secure facility capable of withstanding Hurricane. Emergency Operations Center In the event that the City of Miami Beach Emergency Operations Center (EOC) is activated, the Call Center will perform the following tasks: o Upon notice, the Call Center will handle the call handling for a weather incident ready within three (3) hours of notification o The Call Center must have in place, the ability to have the phone service provider for the City of Miami transfer the phone number of the City as identified, both at the City switch level and if the switch is lost completely, the ability to transfer the 34 City Commission Memorandum December 12, 2012 Call Center Services RFP Page 4 of6 number at the central office (AT&T) level-this will be a joint deliverable with the City and Call Center o The Call Center must have adequate trunks to handle 120 calls per minute and be scalable on trunkage if more lines are required to handle incoming calls o The Call Center will have adequate staffing available to handle English/Spanish (50% bilingual) and Haitian Creole calls; as needed staffing will be supplemented based on call volume; an auto attend/menu selection allowing callers to choose the language of their choice when speaking with an agent o The Call Center will record all calls both voice and screen display and keep these files available (for18 months) for review by the City o The Call Center must have the capability to have event announcements placed before a caller enters a queue to provide emergency information or to inform residents of real-time relevant information o The Call Center will place recording known as music on hold messages in the queue so when the callers are waiting for an agent they are hearing relevant information as provided by the city pre/during and post event o The event announcements must be changed as request by the City and in place within 15 minutes of receipt -the City will provide these in three languages to the Call Center provider. o The Call Center will report on an hourly basis the number of call answered, provide the top 10 list of inquiries and as directed by the City, have in place a service request process that logs incidents reported by residents in the City to include but not limited to flooding report, tree down in swale, tree down on private property, tree down on home, FPL electricity out, clogged drains, debris; each of these service requests must be GIS plotted and reported to the City on a hourly basis in a excel spreadsheet to include XY coordinates needs so the City EOC can map the service requests o The Call Center will maintain and ,as needed, update the event knowledge base with information provided by the City o An emergency process will be established that will have the management of the call center to contact designated City personnel of issues that management believes the City should immediately address if it is safe to travel the streets of the City. Fiscal Component The City's objective is to purchase the service on a per minute basis. The proposers are also required to provide alternative methods of purchasing the services that will be incorporated into the contract and will be available to the City at its discretion. This may include purchasing blocks of hours or full time equivalent employees. The City reserves the right to negotiate alternative service levels with the contractor during the term of the agreement. Liquidated Damages All of the provisions listed below will not apply during the first 90 days of the contract. 35 City Commission Memorandum December 12, 2012 Call Center Services RFP Page 5 of6 The call center provider will respond to 80% of the calls within 30 seconds; failure to meet this performance standard will result in 1% credit from the quoted rate. If the abandonment rate exceeds 5%, this will result in 1% credit from the quoted rate. The contractor is expected to maintain an 80% customer satisfaction rate based on the internal tracking system to be developed by the contractor and monitored by the City. Failure to maintain the desired customer satisfaction rate will result in 2% reduction from the quoted rate, and if the contractor exceeds 90% customer satisfaction rate, this will result in a 2% increase over the quoted rate. EVALUATION CRITERIA The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors, for a total of 1 00 possible points: 1. Experience and qualifications of the proposer-30 points. 2. Experience and qualifications of the agents assigned to provide services to the City - 10 points. 3. Methodology and Approach to include the demonstrated ability to achieve the City's objectives -20 points. 4. Cost/Fees -30 points. 5. Past Performance Surveys -10 points. LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals, acceptance of which the City Manager deems to be in the best interest of the City. 36 City Commission Memorandum December 12, 2012 Call Center Services RFP Page 6 of6 7. The City Commission shall consider the City Manager's recommendation(s) in light of the evaluation and recommendation(s) of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another proposal or proposals. 8. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 9. Negotiations between the selected proposer and the City Manager take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 10. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 11 . If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (or have) done so. Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. CONCLUSION: The Administration recommends the issuance of the RFP for Call Center Services. T:\AGENDA\2012\12-12-12\Call Center Services RFP-Memo.doc 37 THIS PAGE INTENTIONALLY LEFT BLANK 38 COMMISSION ITEM SUMMARY Condensed Title: Request For Ap!Jroval To Issue A Request For Qualifications (RFQ) For A Construction Manager At Risk (CMR) Firm To Provide Pre-Construction Services And Construction Phase Services Via A Guaranteed Maximum Price (GMP) Amendment For The Scott Rakow Youth Center Ice Skating Rink Mechanical Repairs And Building Renovations Key Intended Outcome Supported: Ensure value and timely delivery of quality capital projects and ensure well-maintained facilities. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey indicated that 81% of residents rated recently completed capital improvement projects as "excellent" or "good" and 87% rated the appearance and maintenance of the city's public buildings as "excellent" or "good". Issue: I Shall the Mayor and City Commission approve the issuance of the RFQ? Item SummaryfRecommendation: The mechanical cooling system for the SRYC -Ice Rink has been experiencing problems as identified by the facility operator. The Office of Capital Improvement Projects hired Bermello Ajamil & Partners, Inc. (BA & Partners) under contract with the City of Miami Beach as approved under resolution 2010-27 415 (RFQ No. 01-09/1 0), for Architectural and Engineering Services. BA & Partners will provide the necessary design documents to address the mechanical system, new Low-E Ceiling System and renovation of South wall to include an insulated panel system and other associated improvements for the ice rink space. The design is currently at 50% design completion which is the ideal time to select the CMR in order for them to provide the pre construction services. The Construction Management at Risk (CMR) firm is contracted to perform pre-construction services in conjunction with the design consultant team (BA & P), and provide at the City's request or option, a Guaranteed Maximum Price (GMP) and certifies by signing the GMP contract with the City that the CMR firm can build the project for the GMP. The CMR is tasked to work with the Design Professional during the course of design to advise the City of the constructability of the design; provide cost estimates and value engineering of the Design Professionals documents, to check the quality of the documents and advice the Owner of the most efficient, and economical ways to build the project pursuant to the Owners goals and objectives for the project specifically relating to the main scope of work which is, HVAC systems, air distribution systems, wall repairs, installation of insulating ceilings and other work as identified per project documents. The CMR selected pursuant to the RFQ will be responsible for the Design Review, Constructability and Value Engineering, Review of Onsite and Offsite Conditions, Cost Estimating and Cost Controls, Scheduling, and Bidding (GMP submittal & Negotiations) associated with the Project. The contract with the successful CMR will be awarded in accordance with the established requirements for award of contracts under the Consultants' Competitive Negotiations Act by using either a (i) competitive proposal selection process, or (ii) a qualifications based selection process. The RFQprocess will be used to select a firm with the necessary experience and qualifications, the ability, capacity and proven past successful performance in providing CMR services. The total estimated Construction Cost Budget for the project is approximately $1 ,200,000. APPROVE THE ISSUANCE OF RFQ. Advisory Board Recommendation: Financial Information· Source of Amount Account Funds: I I i 1 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Fernando Vazquez, Ext. 6135 Interim City Manager MIAMI BEACH 39 AGENDA ITEM CJC. DATE /J. -/J.~/2._ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager ~A~ DATE: December 12, 2012 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR A CONSTRUCTION MANAGER AT RISK (CMR) FIRM TO PROVIDE PRE- CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES VIA A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE SCOTT RAKOW YOUTH CENTER ICE SKATING RINK MECHANICAL REPAIRS & BUILDING RENOVATIONS ADMINISTRATION RECOMMENDATION Approve issuance of the RFQ. ANALYSIS The mechanical cooling system for the SRYC -Ice Rink has been experiencing problems as identified by the facility operator. The Office of Capital Improvement Projects hired Bermello Ajamil & Partners, Inc. (BA & Partners) under contract with the City of Miami Beach as approved under resolution 2010-27 415 (RFQ No. 01-09/1 0), for Architectural and Engineering Services. BA & Partners will provide the necessary design documents to address the mechanical system, new Low-E Ceiling System and renovation of South wall to include an insulated panel system and other associated improvements for the ice rink space. The Scott Rakow Youth Center Ice Skating Rink Facility was constructed and accepted in January of 2004, over eight (8) years ago. According to Property Management personnel, the existing design has always presented challenges in maintaining an adequate balance of the ambient temperature within the interior space of the skating rink. In recent years, the existing mechanical units have been deteriorating and increased repair services have become a recurrent problem. The Public Works Department (PWD) and Property Management (PM) are aware that Capital Improvement Projects Office (CIP) is working as quickly as possible to have construction documents completed for a Construction Management at Risk (CMR) to perform improvements. PWD and PM will continue to maintain the operation of the current mechanical system until such time that the new mechanical systems and associated scope of work are installed and placed in operation. The AlE services included and identified the following scope components: • Architectural Design, Documentation and Construction Administration • Mechanical, Electrical, Plumbing, Fire protection and Fire Alarm Engineering Design, Documentation and Construction Administration. • Structural Engineering Evaluation of Existing Roof Framing Conditions, to be impacted by Proposed Mechanical Equipment design to the designated existing Roof Area. 40 Commission Memorandum-Issuance of RFQ for CMR-Scott Rakow Youth Center Ice Rink Mechanical Repairs and building renovation December 12, 2012 Page 2 of 9 • Independent Construction Cost estimate at the 50% and at the 90% Completion stage Milestone of Design and Documentation Stage. The project design is currently at 50% design completion which is the ideal time to select the CMR in order to provide the pre construction services. The overall schedule for the Scott Rakow Youth Center I Ice Skating Rink Mechanical Repairs is as follows: Design Phase by (BA&P) Bidding/Permitting Phase: Construction Phase: October 2012 to February 2013 February 2013 to April 2013 April 2013 to July 2013 CIP staff has analyzed the use of CMR project delivery method for this project in lieu of a standard Design-Bid-Build process. Under the CMR approach, the Owner enters into an agreement with a Contractor early in the design process which allows the facility to be designed and built in partnership with the Design Professional, the Contractor (CMR), and the City in an environment that fosters creativity, innovation, constructability, frugality, and quality, for the best price possible in today's market. At a 50 to 60% design level is the ideal time to enter into this partnership to optimize the best value for the project. The preconstruction phase allow the delivery of a quality product that responds to the needs of the Client which in this case is the City's Property Management Division and the Parks and Recreation Department. One of the most important distinctions between the CMR project approach and the Design-Bid- Build is that the CMR is selected based on the CMR firms qualifications and direct experience based on the specific scope of work, which is a critical component when deciding what Contractor will build the outlined project. The CMR approach will give the City the added value of having a qualified contractor evaluate the project documents in conjunction with the design professional for any inconsistencies, errors and omissions between the various design disciplines and constructability of the project and advise on the selection materials, and means and methods given the current market. The Project Team, consisting of the Owner (City), Design Professional and CMR work together to produce a quality project with a design that is also buildable in an environment based on a collaborative effort between the three parties in order to work out all the potential conflicts potential and unforeseen conditions in the project prior to construction. This project delivery method also minimizes additional services to the Design Team since most of the issues which may arise during construction are addressed during the CMR design phase reviews. Additional costs from the Contractor, including change orders and time extensions, are also eliminated, since the Guaranteed Maximum Price (GMP) amendment prohibits most project cost adjustments. Under this approach, time is of the essence to the Contractor because there will be no compensation considered for delays. By contracting with the CMR early in the process the City will save the time it normally takes to bid out via the Conventional Design-Bid-Build, which is approximately three (3) to four (4) months in advertising, bidding, and awarding the project. 41 Commission Memorandum-Issuance of RFQ for CMR-Scott Rakow Youth Center Ice Rink Mechanical Repairs and building renovation December 12, 2012 Page 3 of 9 To this end the CMR firm is contracted to perform pre-construction services and provide at the City's request or option, a GMP and certifies by signing the GMP contract with the City that the CMR firm can build the project for the GMP. The City will request Pre-Construction Services as follows: • Design Review, Constructability and Value Engineering • Review of On site and Offsite Conditions • Cost Estimating and Cost Controls • Scheduling • Bidding (GMP submittal & Negotiations) The CMR is tasked to work with the Design Professional during the course of design to advise the City of the constructability of the design and provide value engineering of the Design Professionals documents, to check the quality of the documents and advise the Owner of the most efficient, and economical ways to build the project pursuant to the Owner's goals and objectives for the project, specifically relating to the main scope of work which is, HVAC systems, air distribution systems, wall repairs, installation of insulating ceilings and other work as identified per project documents. The end result is a GMP from the Contractor, which is subject to restrictions and minimizes, or eliminates, additional costs to the City, in order to ensure that the City is successful in negotiating the best value for this project. The RFQ process will be used to select a firm with the necessary experience and qualifications, the ability, capacity and proven past successful performance in providing Construction Management at Risk services. The total estimated Construction Cost Budget for the project is $1,200,000. SCOPE OF SERVICES The CMR Scope of Services shall include, without limitation, all of the Preconstruction Services set forth below and, upon approval by the City of the GMP, and as contemplated in any GMP Amendment or Amendments, and such other amendment(s) as necessary to fix and describe the parties' respective rights and responsibilities with respect to the Work and the Project, all of the Construction Services required to complete the Work in strict accordance with the Contract Documents, and to deliver the Project to the City at or below the GMP, when established, and within the Contract time. The CMR shall review Project program plans requirement, existing on-site and off-site development, surveys and preliminary budget, and make recommendations to the City for revisions or Value Engineering items. The CMR shall prepare a preliminary Project Schedule in accordance with the Contract Documents and in coordination with the City and the Architect/Engineer, identifying all phases, critical path activities, and critical duties of each of the Project team members. It is the intention of the City to enter into a contract with a CMR for pre- construction services prior to the 90% design submittal. The CMR shall, at each design phase (i.e. 90% design development and 100% construction documents, review the plans and advise the City and the Architect/Engineer regarding the constructability of the design and of any 42 Commission Memorandum-Issuance of RFQ for CMR-Scott Rakow Youth Center Ice Rink Mechanical Repairs and building renovation December 12, 2012 Page 4 of 9 errors, omissions, or conflicts it discovers, including but not limited to design, plans or site conditions. The CMR shall prepare an outline of proposed bid packages and detailed cost estimates, and advise the City regarding trends in the construction and labor markets that may affect the price or schedule of the Project. The CMR shall attend all Project related meetings. The CMR's Preconstruction Services shall be provided, and the City shall compensate the CMR for such services, based upon a fixed fee. At the conclusion of the Preconstruction Services, the CMR shall, provide the City a proposal for a GMP Amendment for construction phase services and without assuming the duties of the Architect/Engineer, warrant to the City, that the plans, specifications and other Contract Documents are consistent, practical, feasible and constructible, and that the Project is constructible within the contract time. The successful firm will be tasked with the following duties and responsibilities: Task 1 -Coordination with the Design Professional: In providing the CMR's services described in this Agreement, the CMR shall maintain a working relationship with the Architect/Engineer. However, nothing in this Agreement shall be construed to mean that the CMR assumes any of the responsibilities or duties of the NE. The CMR shall be solely responsible for construction means, methods, techniques, required by the project site conditions or requirements indentified, sequence and procedures used in the construction of the Project and for the safety of its personnel, property, and its operations for performing in accordance with the CMR's Agreement with the City. The NE is responsible for the requirements of the Project as indicated in the Agreement between the City and the NE. The CMR's services shall be rendered compatibly and in cooperation with the NE's services under the City. It is not intended that the services of the NE and the CMR be competitive or duplicative, but rather be complementary. Task 2 -Review of Design Documents, Scheduling, Estimating, and Cost Control: The CMR shall meet with the Architect/Engineer and City representatives to review the most current Architect/Engineer's Agreement. The CMR shall ensure that the parties jointly review, modify as necessary, and agree to a single design schedule, to be called the revised most current Architect/Engineer's contract. The CMR, as a result of the above-noted review of the design documents and recommendations provided to the City, shall be fully responsible for the coordination of the drawings with the written specifications. This includes but is not limited to, the CMR's review of the construction documents in coordination of the drawings and specifications themselves, with the existing buildings and sites to ensure proper coordination and constructability and lack of conflict, and to minimize unforeseen conditions. The CMR shall, during this phase, be responsible for the proper identification and location of all utilities, services, and other underground facilities which may impact the Project. The CMR agrees specifically that no Contract Amendments shall be requested by the CMR or considered by the City for reasons involving conflicts in the documents; questions of clarity with regard to the documents; and incompatibility, or conflicts between the documents and the existing conditions, utilities, code issues and unforeseen underground conditions. Task 3 -Bid and Award Phase: The CMR shall prepare a Subcontractor's Prequalification Plan in compliance with the requirements currently determined by the City. The CMR shall submit to the City the CMR's list of pre-approved sub-contractors for each element of the Work to be sub-contracted by the CMR. This list shall be developed by the execution by the CMR of the sub-contractor's Pre-qualification Plan noted above. The City reserves the right to reject any sub-contractor proposed for any bid to be considered by the CMR. Any claims, objections 43 Commission Memorandum-Issuance of RFQ for CMR-Scott Rakow Youth Center Ice Rink Mechanical Repairs and building renovation December 12, 2012 Page 5 of 9 or disputes arising out of the Pre-qualification Plan or list, are the responsibility of the CMR. The CMR shall hold harmless, indemnify, and defend the City, its employees, agents, and representatives in any matter arising out of the pre-qualification plan and/or the sub-contractor's list, except where the sole cause of the matter is a City directed decision. Task 4 -Guaranteed Maximum Price (GMP): After taking, reviewing and identifying the proposals from the responsive and responsible sub-contractors, the CMR shall propose to the City, a GMP, which shall be the sum of the proposed sub-contracts and the CMR's General Conditions (including any fee, profit, overhead and all like amounts) and the agreed upon Contingency amount. The GMP shall be the full and complete amount for which the CMR agrees to go forward from the receipt of sub-contract bids to the full completion of the Project. Prior to acceptance and execution of the GMP, the CMR shall submit a Best Value quality control plan that identifies risks and potential risks that the CMR does not control, or risk that is impacted by factors that the CMR does not control, and includes the CMR's plan to minimize that risk. A risk would be any existing or potential condition, situation or event that could negatively impact the project's cost, schedule, quality and the City's expectations with the exception of Lead time required for any material and /or equipment. Upon acceptance and execution of the GMP proposal by the City, the CMR shall enter into sub- contract agreements with the sub-contractors selected for the amounts included in the GMP Proposal for that sub-contract work, and shall function as a General Contractor and comply with the Contract Documents accordingly with regard to the Project as well as a CMR with regard to other services required by the Contract Documents. Task 5-Construction Phase: Once the City has accepted the GMP, the City will issue a GMP Amendment which will include the Contract for Construction. CMR activities shall include, but are not limited to: • Coordinating site construction management services including but not limited to: regular job site meetings, maintaining daily on-site project log and schedule report, overseeing quality assurance, testing and inspection programs, monitoring construction management staff and sub-contractor work performance for deficiencies, maintaining record copies of all contract documents, change orders and other documentation on site, overseeing construction management staff and subcontractor safety programs. • Staffing each assigned project in a satisfactory manner. As a minimum, the CMR site personnel during the construction phase will include: a project manager, a full-time project superintendent and project administrative personnel. The CMR shall provide site personnel that are competent, English-speaking and able to communicate effectively. • Updating and maintaining master project schedules, detailed construction schedules, submittal schedules, inspection schedules and occupancy schedules. • Preparing a schedule of values associated with the bid package identified and submitting it for approval by the Architect and City's representative(s). All payment requests must be in accordance with the schedule of values approved. • Processing payment requests for approval by the Architect and the City's representative( s ). • Processing any GMP Adjustments due to owner requested changes in scope and modifications and shall submit it for approval by the Architect and the City's representative(s), including a cost estimate of the proposed change. • Processing requests for information and coordinate with the Architect. 44 Commission Memorandum-Issuance of RFQ for CMR-Scott Rakow Youth Center Ice Rink Mechanical Repairs and building renovation December 12, 2012 Page 6 of 9 • Providing construction program accounting and reporting to the City as required. • Monitoring for the presence of existing asbestos containing building materials and certify to the City that no asbestos containing material has been used. • Providing monthly progress reports to the City. • Submitting exception-based status reports, associated with the Best Value Quality Control Plan, addressing conditions, situations, and events that introduce risk to the project, in terms of cost, schedule, quality, and City's expectations, and including the CMR's plan to mitigate the risk (s). • Coordinating with the Architect and City representative(s) the substantial and final inspections, prior to the Architect's approval and issuance of the Certificate of Substantial Completion. Task 6 -Post-Construction Phase: The CMR will coordinate project closeout, start-up and transition to operation, per the contract for Construction. Activities include but are not limited to: • The CMR shall coordinate project close-out, start-up and transition to operation. • The CMR will coordinate with the Architect to provide a complete project record including project manual and CADD drawings to show all construction changes, additions, and deletions compared to the Construction Document (CADD disks will be provided to the CMR by the Architect). • The CMR will coordinate with the City to prepare the Certificate of Final Inspection. • The CMR will obtain and review for completeness, have corrected if necessary, and submit to the City, following the Architect's approval, all Warranties, Operations and Maintenance Manuals, and other such documents. • The CMR is responsible to the City for Warranties and Guaranties. • The CMR will complete all punch-list items generated by NE Consultants during their inspections. • The CMR will coordinate and conduct the Occupancy Evaluation and Warranty Inspection. MINIMUM REQUIREMENTS For purposes of compliance with this minimum experience requirement, the term "Proposer'' is hereby defined to mean the firm and/or business entity which is submitting a proposal pursuant to this RFQ. Accordingly, the firm and/or business entity must meet the minimum requirements listed below in order to be deemed responsive. Non-responsive bids will be disqualified from consideration. Interested Firms shall address the following items in the RFQ response: 1. Team's Experience • Indicate the firm's number of years of experience in providing CMR Services for projects of the same size, similarity of type of project and complexity as required by this RFQ. • The firm must demonstrate an ability to provide multi-disciplinary management in the areas of facility assessment, scope definition/validation, planning, public engagement, cost estimating, scheduling, quality control and assurance plan, building code review/inspection, design, construction, closeout, and warranty services. 45 Commission Memorandum-Issuance of RFQ for CMR-Scott Rakow Youth Center Ice Rink Mechanical Repairs and building renovation December 12, 2012 Page 7 of 9 • List all successfully completed projects specifically comparable in design, scope, size and complexity, undertaken in the past five (5) years. Describe the scope of each project in physical terms and by cost, describe the respondent's responsibilities, and provide the name and contact telephone number of an individual in a position of responsibility who can attest to respondent's activities in relation to the project. An SF254 can suffice this request. • Provide the name(s) of the person, within your organization who was most actively concerned with managing each project; • List and describe all legal claims against any member of the team alleging errors and/or omissions, or any breach of professional ethics, including those settled out of court, during in the past five (5) years. 2. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individual who will be selected to serve as the Project Manager. This individual must have a minimum of ten (1 0) years' experience in the management of construction projects, possess extensive knowledge in the management of construction projects, value engineering, working in a team environment, is well versed in project schedules and budgeting. Furthermore, this individual should have served as Project Manager on projects being of the same size (i.e., construction budget of $1.2 million or greater) and complexity and type, as required by this RFQ. 3. Previous Similar Projects: Provide a list of a minimum of ten (1 0) projects which demonstrates the Team's experience in providing the services for this project. Please provide the following information for each sample project. • Client name, address, phone number, email • Consultant name, address, phone number, fax and/or e-Mail address • Description of the scope of the work • Role of the firm and the responsibilities • Month and Year the project was started and completed • Total cost and/or fees paid to your firm • Total cost of the construction, estimated and actual 4. Qualifications of Project Team: Provide a list of the personnel to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project. 5. Risk-Assessment Plan (RAP): All Consultants must submit a Risk-Assessment Plan. The RAP must not be longer than two (2) pages front side of page only should be included within the RFQ response. The RAP should address the following items in a clear and generic language: • Potential project risks. (Areas that may cause the Contractor not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner) • Explanation of how the risks can be avoided/minimized • Propose any options that could increase the value of this project • Explain the benefits of the RAP. Address the quality and performance differences in terms of risk minimization that the City can understand and 46 Commission Memorandum -Issuance of RFQ for CMR -Scott Rakow Youth Center Ice Rink Mechanical Repairs and building renovation December 12, 2012 Page 8 of 9 what benefits the option will provide to the user. No brochures or marketing pieces please. RFQ PROCESS The procedure for response evaluation and selection is as follows: 1. Request for Qualifications issued. 2. Receipt of responses. 3. Opening of responses and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFQ. If further information is desired, consultants may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the response or responses acceptance of which the Evaluation Committee deems to be in the best interest of the City. The following criteria shall be utilized by the Evaluation Committee for the selection of the Consultant: • (25 points) -The experience, qualifications, quality control and assurance plan, and portfolio of the Principal Firm • (20 points)-The experience, qualifications and portfolio of the Project Manager, as well as his/her familiarity with this project and a thorough understanding of the methodology and design approach to be used in this assignment • (20 points) -The experience and qualifications of the professional personnel assigned to the Project Team as well as their familiarity with this project and a thorough understanding of the methodology and design approach to be used in this assignment • (20 points)-Willingness to meet time and budget requirements as demonstrated by past performance, methodology and approach • (10 points)-Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks performed of the Firm(s) clients • (5 points) Risk Assessment Plan that reflects a clear understanding of project objectives; a thorough review of existing conditions; familiarity with the project site; a thorough understanding of all permitting and regulatory requirements and impacts; and other considerations that may impact the design and construction of the proposed improvements • (5 points) -LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. • (5 points) -VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. The City may request, accept and consider proposals for the compensation to be paid under the 47 Commission Memorandum-Issuance of RFQ for CMR-Scott Rakow Youth Center Ice Rink Mechanical Repairs and building renovation December 12, 2012 Page 9 of 9 contract only during competitive negotiations. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected respondent and the City Manager will take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 1 0. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (or have) done so. CONCLUSION The Administration recommends that the Mayor and the City Commission authorize the issuance of a Request for Qualifications (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 Scott Rakow Youth Center Ice Rink Mechanical Repairs & Building renovations. FV/DM/AD/BC t:\agenda\2012\12-12-12\sryc ice rink\rfq for cmr for scott rakow ice rink mechanical repairs-memo-2.docx 48 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: December 12, 2012 SUBJECT: REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE A DISCUSSION REGARDING THE CITY OF MIAMI BEACH CENTENNIAL, WHICH WILL OCCUR ON MARCH 26, 2015. ADMINISTRATION RECOMMENDATION Refer the item to the Neighborhood/Community Affairs Committee for discussion. BACKGROUND The City's centennial will occur on March 26, 2015. Planning for a Centennial celebration requires a lot of time and resources. In order to kick-start the planning process the City Administration believes a discussion is needed to develop a comprehensive vision of the celebration and agree to the tools needed for its implementation. The following topics should be considered as part of the discussion: • Establishing a Host Committee representing a cross-section of the community and who would oversee the planning, fundraising, logistics and coordination of the Centennial celebration. • Celebrate the City through a comprehensive use of its venues and amenities. • Manage a broad range of activities whose content and pricing reflect the demographic, economic and cultural diversity of the City, including events that are free to the public. • Work collaboratively with all parties interested in these goals, and especially with the City's cultural, historic and civic organizations. • Creating an event to attract local, national, and international visitors. CONCLUSION The Administration recommends that the Mayor and City Commission refer the matter to the Neighborhood/Community Affairs Committee for discussion and further direction. KGB/MAS T:\AGENDA\2012\12-12-12\Referral to NCAC-Discussion Regarding Miami Beach Centennial.doc 50 Agenda Item C l(Jl Date /:)~/,;J~/2. THIS PAGE INTENTIONALLY LEFT BLANK 51 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City C,,ommission FROM: Kathie G. Brooks, Interim City Manage~A DATE: December 12, 2012 SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, A DISCUSSION TO CONSIDER A REQUEST FOR RENT RELIEF FROM PENN 17, LLC., REGARDING THE RETAIL SPACE AT THE PENSYLVANIA AVENUE PARKING GARAGE ADMINISTRATION RECOMMENDATION Refer the item to the Finance and Citywide Projects Committee for discussion. BACKGROUND On April 13, 2011, the Mayor and City Commission passed Resolution No. 2011-27647, approving a Lease Agreement, as amended on February 8, 2012, and June 6, 2012, respectively (the Lease), having a term of nine (9) years and 364 days, between the City and Penn 17, LLC. (Tenant), for use of approximately 7,655 square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop. On November 15,2012, the City issued a letter putting the Tenant on notice of certain compliance- related issues, including non-payment of rent for the months of October and November. A copy of this letter is included as Attachment A to this memorandum. On November 21, 2012, the City received a resonse letter from Tenant's Legal Counsel, Jeffry Ryner, a copy of which is included as Attachment B. According to letter, the Tenant is requesting rent relief in connection with operational complications resulting from the failure of its air conditioning system. The Tenant alleges that the current location of its air conditioning compressors located between the first and second floor of the garage alongside the entrance ramp is inadequate to support the size units required to cool a restaurant operation of the scale involved in Cooper Avenue. The Tenant further alleges that this issue was not caught or addressed during the permitting of the restaurant's plans and only became an issue once the restaurant became operational. They say that the only solution to resolving what has become a crisis situation for the Tenant, is to relocate all eight compressors to the roof of the garage. Initially, there was concern that the only way to do this was to penetrate the slabs through to the roof in order to run the condensate lines and other necessary conduit. The Architect has since determined that the vertical opening between the two shear walls at the center of the garage have enough room to run the air conditioning lines clear to the roof. It should further be noted that the compressors, because of their size and weight, as well as spacing requirements, will occupy five roof-top parking spaces. Since resolving the air conditioning problem is critical to the restaurant's immediate operation, the Administration has been working with the Tenant to facilitate the planning and permitting for the Agenda Item C{{.8 52 Date J¢-~0-12 FCWPC Referral-Request from Penn 17, LLC., for additional rent relief Commission Memorandum December 12, 2012 Page 2 of 2 relocation of the compressors. However, the Tenant believes the City should be responsible for sharing in the cost of relocating the compressors, as well as mitigating the impact to its business, citing that the current location for the units was designated by the architect of the garage and required as a location by the City during the permitting process. The Administration and the City Attorney's Office's response to Attachment B is also included for your reference as Attachment C. In the meantime, the Administration is requesting input from the City's Finance and Citywide Projects Committee as to the Tenant's requests outlined in the letter. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Finance and Citywide Projects Committee for discussion and further direction. T:\AGENDA\2012\12-12-12\Referral to FCWPC Cooper Ave.doc 53 BE H City of Miami Beach, 1700 Convention Center Drive, Miurni Boo~ h. florida 33139, www.miamibeachA.gov REAL ESTATE, HOUSING & COMMUNITY DEVELOPMENT lei: 673-7193-673-7033 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED November 15, 2012 Amir Ben Zion Managing Member Penn 17, LLC 1661 Pennsylvania Avenue, Suite 6 Miami Beach, FL 33139 Mr. Ben-Zion: The purpose of this letter is to make you aware of a number of issues requiring immediate attention concerning your Lease at the Pennsylvania Avenue Garage as follows: 1. Rent Payment -We have been informed by the Finance Department that the check you on October 8, 2012, in amount of $60,259.99, in payment for October's rent has returned by the a bank due to a stop-payment Additionally, we have not received a rent payment for the month of November either. be aware that pursuant to Article 9.1 of the failure to remit Rent when due, whether or not any notice or demand for payment has been made by Landlord, you in default of the The Article further provides that should fail to remedy such default within (5) days of Landlord's written notice, the Landlord reserves its rights to pursue the remedies set forth in Section 9.2 of the Agreement current amount outstanding, including penalties and charges are provided in the following table. October November Total Due: Date Due Base Rent CAM 10/14/2012 $ 47,843.75 $ 8,474.00 11/14/2012 $47,843.75 s 8,474.00 $ 95,687.50 $ 16,948.00 Penalties {1) Addt'l Fees(:Z) $ 3,660.65 $ 25.00 $ $ $ 3,660.65 $ 25.00 Sales Tax $ 4,198.49 $ 3,942.24 $ 8,140.73 Note (l) -5% of past due amount(s) plus 1.5% of any amount past due by more than 15 days Note (l) -Bonk fee for returned check Total Due s 64,201.89 $ 60,259.99 2. Expiration of your Temporary Certificate of Occupancy (TCO)-We have been notified by the Department TCO #12276 that was issued on September 24, 2012 for your Lease Premises expired on November 8, 2012. It is critical that you immediate action to apply for an extension or risk being shut down. 54 Amir Ben Zion Penn 17, LLC November 15, 2012 Page 2 of 2 Additionally, while not as critical as first two issues, I would to take this opportunity to remind you that certain deliverables also remain outstanding concerning the close-out of construction at the Premises as follows: 3. Tenant's Construction Obligations -Section 5.2(j) of your requires that upon "Substantial Completion" of Tenant's Work and approval of the Premises for use and occupancy by the appropriate governmental authorities, the Tenant shall furnish the Landlord with the following: • a certificate of use and/or occupancy issued by the City and other evidence satisfactory to Landlord that Tenant has obtained the governmental approvals necessary to permit occupancy; • a notarized affidavit from Tenant's contractor(s) that all amounts due for work materials furnished in completing Tenant's work have been paid for; • releases of lien from any subcontractor or material supplier that has given Landlord a Notice to Owner pursuant to Florida Law see attached copy of one such Notice issued by Atlantic Shutters, Inc); and • as-built drawing of the Premises, with a list and description of all work performed by the contractors, subcontractors and material suppliers. 4. Tenant's Construction Deposit-Section 5.2(n) of your Lease requires that Construction Deposit, (as provided for in the Agreement included as Exhibit F to your Lease), shall not be reduced to less than $50,000, until time that the Tenant's work has been substantially completed, as determined by the Landlord, in its sole and reasonable discretion. The Agreement further provides that such remaining Construction Deposit balance shall not be released until the City issued a final Certificate Occupancy (CO), with proofthat all permits have been closed, together with final lien waivers and contractor's affidavit reflecting that all contractors, subcontractors, laborers and material men have been paid in full. Since time is the essence, please remit payment of past due rent, penalties and additional fees in the amount of as in the above table, and provide us with responses to items 2 through 4 this letter, by no later than end of business on m~~~(L In the event that the Landlord does not receive payment your will refer this matter to the Legal Department for further action. govern yourself accordingly. Anna Parekh Director C: Kathie Brooks, Interim City Manager Max Sklar, Acting Assistant City Manager Raul Aguila, Assistant City Attorney Kent 0. Bonde, Redevelopment Coordinator Attachment F:!$Aii\RHCD\Asset\PennsylvanJeAve Garage Lesses\Penn 17, LLC!Lelter of Notice Nov 15.doc 55 by the we 301 Arthur Godfrey Rd Penthouse Miami Beach Fl 33140 T 305.358.0050 F 305.358.0550 www.mitrani.com Fort lauderdale Office 2400 N Commerce Pkwy Suite 302 Weston FL 33326 A. Rynor Ln:nor(i.vmitroni .com MIT I RYNOR ADAMSKY TOLAND ATTORNEYS November 21,2012 FACSIMILE and 305.673.7002 U.S. MAIL Jorge Gomez HM Kathie G. Brooks City Manager City of Miami Beach Asst. City Manager jorgegomez(ij).miamibeachf1.gov 1700 Convention Center Dr. Miami FL 33139 Max Sklar Acting Asst. City Manager maxsklar(~miamibeachfl.gov The Zion Group-AVENUE RESTAURANT Dear Ms. Books, Mr. Gomez and Mr. Sklar: As you know, I represent The Ben Zion Group regarding Restaurant adjacent to Lincoln Road. Cooper A venue The Ben Zion Group is an extremely successful and experienced restaurant/hotel operator that has achieved well recognized success Miami and Miami Beach for over ten years. The Town House Hotel, Bond restaurant, Gigi restaurant, Bardot night club and South Street restaurant are a testament to the Group's genius. The Group's restaurant design concepts embrace functionality and are visually spectacular and complement their culinary artistry. Unfortunately, opening of Cooper Avenue beginning on October 2012 has been completely compromised due to very serious air conditioning problems. We have out to the City of Miami Beach to facilitate solutions, whereby the air conditioning units can be re-positioned in the Garage, so that they can operate effectively. The issue is very time sensitive because large portions of the restaurant experience 82 to 85 degree temperatures. Thus eliminates the ability of the bakery to properly operate, compromises working conditions the kitchen and creates an uncomfortable environment for the patrons who may never 56 City Manager's Office City ofMiami Beach Nov. 21, 2012 Page 2 MITRANI RY OR ADAMSKY T LAND ATTO E Y S return. Instead of Restaurant focusing on the client experience, it is dealing with customer service issues, high employee turnover and exhaustion. It is axiomatic, that you never get a second chance to make a first impression. The Group's professional team, despite their best efforts, cannot make sweating while eating out, a pleasant experience. Cooper A venue is fully invested in the success of the restaurant. The original budget was $3.4 million, but $5 million was invested to build the restaurant possible. During the due diligence period, Cooper A venue conducted several meetings with the City Miami Beach. The City made it very clear that the air conditioning units were required to be placed on the lower floor ramp and specifically were not approved to be set on the roof, due to the City's design restrictions. Today, although the City has agreed to fully cooperate and allow the movement of conditioning units, the process is still moving slowly. As a result, the same issues that were complained about in October are still present today and have continued to substantially undermine the success of the Restaurant. The air conditioning cannot handle more than a minimum of customers and therefore the initial opening, instead of providing a foundation for success has become an on-going saga of failure, through no fault of Cooper Avenue. Cooper A venue is trying very hard to survive, but the financial burden is being placed entirely on its shoulders. Cooper A venue has been pouring significant amounts of money into operating expenses to overcome the air conditioning failure. We are also exploring the legal liability of all of our contractors. We are requesting that the City work with Cooper A venue so that we can create a win- win situation. Therefore, we request the following: • The security deposit be applied to the October, November and December rent. We are simply asking that the escrow deposit be expedited to cover these three months of rent. As you know, these funds are designated already to act as a credit at the end of the second and third year. • Beginning January, 2013 that Cooper Avenue provided a fifty (50%) rent abatement for twelve (12) months. This will allow City to participate in ameliorating some of the issues associated with the air conditioning. 57 City Manager's Office City of Miami Beach Nov. 21,2012 Page 3 MITRANI RYN R A AMSKY T LA A TORNEYS • The cost to move exhaust and air conditioning will shared by the parties through good faith negotiations, and help facilitate a resolution with the New World Symphony. the length of the lease, the obvious upgrade the Restaurant provides to Lincoln Road and favorable impression the Restaurant will make, once the air conditioning is fixed, its survival benefits everyone. This is a matter. Therefore we are requesting to be placed on City of Miami Beach December commission meeting agenda. Kindly respond to me by Wednesday November hearing from you. Very truly yours, Jeffrey A. Rynor Jeffrey A. Rynor 58 2012. I look forward to THIS PAGE INTENTIONALLY LEFT BLANK 59 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the qity Commission Kathie G. Brooks, Interim City Manager fcJ/t f · December 12, 2012 REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE OF A DISCUSSION TO CONSIDER TWO LEASE AGREEMENTS: ONE LEASE WITH STATE REPRESENTATIVE DAVID RICHARDSON FOR 690 SQUARE FEET OF OFFICE SPACE CONSISTING OF SUITES 402A AND 402B LOCATED AT 1701 MERIDIAN AVENUE; AND ANOTHER LEASE WITH COMMISSIONER BRUNO BARREIRO FOR 412 SQUARE FEET OF OFFICE SPACE LOCATED ON THE GROUND FLOOR OF CITY HALL; SAID DISCUSSION TO INCLUDE THE SETTING AND ADVERTISING OF PUBLIC HEARINGS FOR THE JANUARY 16,2013, COMMISSION MEETING ADMINISTRATION RECOMMENDATION Refer the item. BACKGROUND State Representative David Richardson On August 2012, David Richardson was elected by the voters to represent District 113 in the Florida House of Representatives, and he was sworn into office on November 20, 2012. Members of the Florida Legislature are each provided with a small budget to operate an office in the district that they represent. The Miami Beach Visitors' and Convention Authority 0/CA), which currently occupies approximately 541 square feet of space on the fourth floor of 1701 Meridian Avenue {hereinafter referred to as Suite 402A), intends to vacate the space in order to occupy a larger vacant space on the east side of the same floor. An additional 149 square foot space, adjacent to the current VCA office (hereinafter referred to as Suite 402B), is vacant and was previously used part-time on Tuesday mornings by staff from the office of Congresswoman Ileana Ros-Lehtinen. The Congresswoman no longer represents Miami Beach and does not need the space. Representative Richardson has viewed the current VCA space and the space vacated by Congresswoman Ros-Lehtinen and has determined that it meets his needs to serve as his district office. The VCA is in the process of initiating the renovations for its future space and the VCA's contractor is currently in the permitting phase. Therefore, and until the VCA can vacate its currently occupied space, Representative Richardson has requested use of Suite 402B until the VCA vacates Suite 402A, and then will occupy both spaces. In the meantime, the temporary use of Suite 402B will allow Representative Richardson's office to begin to conduct its operations, install equipment, print business cards, and more importantly provides a space for constituents to meet with him. 60 Agenda Item C If" C Date /oJ.-I,./-/2 City Commission Memorandum December 12, 2012 Page 2 of3 Throughout Florida there is precedent for the provision of affordable municipal office space to State Representatives. For example, the City ofVero Beach leases office space to Representative Debbie Mayfield for $185 per month; Representative Martin Kiar utilizes office space at Parkland City Hall; Senator Alan Hays leases space in Deland City Hall for $200 per month. Additionally, Congressman Alcee Hastings rents space at Delray Beach City Hall for $300 per month. Florida House District 113 includes all of the City of Miami Beach, North Bay Village, and part of Downtown Miami and East Little Havana. It is in the City's best interest to have Representative Richardson's district office centrally located and accessible to the majority of his constituents, and to the residents of Miami Beach. The City has provided low cost or free office space to other governmental entities in the past, such as County Commissioner Bruno Barreiro, the Miami-Dade Clerk of Courts, and Congresswoman Ileana Ros-Lehtinen's staff. Miami-Dade County Commissioner Bruno Barreiro The City will also work with County Commissioner Bruno Barreiro to enter into a lease agreement for the use of 412 square feet of space on the ground floor of City Hall. Commissioner Barreiro's staff indicated a lease had been approved at one time. However, the Administration is not able to locate a previous lease between the City and Commissioner Barreiro at this time. It is in the City's best interests to memorialize the terms of the use of City-owned space for the benefit of our residents. Commissioner Barreiro was first elected as a Miami-Dade County Commissioner in 1998 and has been re-elected for subsequent terms to represent District 5, which includes portions of the City of Miami Beach. Soon after being first elected, Commissioner Barreiro began using City space known as the Answer Center (located between the main entrance elevators in City Hall and currently occupied by Community Services) to meet with City residents and attend to constituents' needs in a convenient and accessible government location. In approximately 2001, Commissioner Barreiro moved his City Hall office to the 412 square foot space on the ground floor of City Hall. Commissioner Barreiro was most recently re-elected in November 2012 and wishes to continue to occupy City space in order to continue serving Miami Beach residents with their constituent needs. Commissioner Barreiro's current rent is $1 per year. ANALYSIS The 690 square foot space to be occupied by Representative Richardson could command, in an open market, approximately $35 per square foot gross. The City currently leases space to a physician on the 4th floor, adjacent to the VCA space, at $37.61/sf, which includes $6.00 per square foot for operational expenses (utilities and common area maintenance expenses) and .90 per square foot for insurance. Cleaning and trash removal within the office/leased space is not included in the rent. The office space in the 1701 Meridian Avenue building is not assessed real estate taxes by Miami- Dade County. The 412 space occupied by Commissioner Barreiro could command a similar or higher rent per square foot than the office space at 1701 Meridian Avenue because it is ground- floor space and is located in the City Hall building. However, the limited size may be a factor. The City does not currently charge rent for this space. The maintenance for this office is included in the City's janitorial contract and includes trash removal and vacuuming services. While we do not charge Common Area Maintenance or insurance charges to Commissioner Barreiro, our estiamted CAM costs would be $6.90/sf, which is what we are charging the doctor in the 1701 Meridian Avenue leased space. 61 City Commission Memorandum December 12, 2012 Page 3 of3 At fair market rent, the space would lease for approximately $24,150 per year, and Commissioner Barreiro's space would lease for would be approximately $14,420 per year. CONCLUSION The Administration recommends that the Mayor and City Commission refer this matter to the Finance and Citywide Projects Committee for discussion and consideration of available options for leasing City-owned office space to State Representative David Richardson and County Commissioner Bruno Barreiro. 62 THIS PAGE INTENTIONALLY LEFT BLANK 63 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti H. Bower and Members of the City Commission Kathie Brooks, Interim City Manage~ / December 12, 2012 REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, A DISCUSSION REGARDING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR THE INSTALLATION AND OPERATION OF CITYWIDE AUTOMATED TELLER MACHINES AT VARIOUS CITY-OWNED PROPERTIES AND FACILITIES, APPROVED BY THE CITY COMMISSION ON MARCH 21, 2012 ADMINISTRATION RECOMMENDATION Refer the matter to the Finance & Citywide Projects Committee for discussion. BACKGROUND On March 21, 2012, the City Commission approved the issuance of a Request for Proposals (RFP) to establish a contract for the installation, operation, maintenance, and management of automated teller machines (ATMs) to be located at various City-owned properties and facilities. The issuance and purpose of the RFP was intended to provide a service to the public while generating revenue for the City. At that time, 20 locations were identified, subject to further City approvals. The Administration has concerns about proceeding with an RFP for A TM services and believes that an Industry or Peer Review process should be conducted prior to the issuance of an RFP. Several factors should be taken into consideration, such as rapidly occurring advances which have enabled commercial operators to accept debit cards, and which have facilitated the installation of debit card readers on most vending machines and in parking facilities. Prior to issuing the RFP, the City should also more closely consider industry standards and suitable locations for the ATM machines. ATM operators are trending towards generating a majority of their revenues from advertising and are therefore seeking highly visible locations. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Finance & Citywide Projects Committee for discussion and further direction regarding the feasibility of ATM machines. KAB/" l\_\.\ -/MM T:IAGE~12-12-121ATM RFP REFFERAL (11-27-12).docx Agenda Item C,ljD Date /d. 'IJ.. -12 ' 64 THIS PAGE INTENTIONALLY LEFT BLANK 65 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager FROM: Edward L. Tobin, Commissioner DATE: November 29, 2012 SUBJECT: Agenda item for December 1 ih City Commission Meeting Please place on the December 12, 2012 Commission Meeting Agenda a referral to Neighborhoods to discuss potential options for Collins Canal project. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk 66 Agenda Item C lf £ Date ~-l;.~;z THIS PAGE INTENTIONALLY LEFT BLANK 67 ~ MIAMI BEACH ""="""'" OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, City Manager FROM: Michael Gongora, Commissione DATE: November 30, 2012 SUBJECT: Referral Item for December Commission Meeting Please place on the December Commission meeting consent agenda a referral to the Finance Committee to discuss benefits for city employees. Please find article attached. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 68 Agenda Item C 'IF Date ),; -/.)-12 Hallandale Beach passes 'historic' gay rights resolution -Hallandale Beach -MiamiHeral... Page 1 of 3 NEWS SPORTS ENTERTAINMENT BUSINESS UVING OPINION JOBS CARS REAL ESTATE DEALS CLASSIFIEDS m ¥! • Current: 71° 19°1 sa<> fl BENEf!ClO [Ll'STAR EN LEON Hallandale Beach What's this? jr.s~e:...le=c,=yo~u~r c=om=m=u'=n-;::ity:---------::iJ'::'T,. or Select from a map VIEW OR SUBMIT P<rs!od on W•dnosd•y, 1 U7.U A A email print comment reprints HALlANDALE BEACH Hallandale Beach passes 'historic' gay rights resolution Hallandale Beach passes a resolution to offer a tax reimbursement to employees in a domestic partnership. Upload and share your own. You can share related videos and photos. Submit: Video Pictures BY CARU TEPROFF CTEPROFF@MIAMIHERALO.COM It's been a good couple of days for the gay rights movement. In Maine, Maryland and Washington, voters approved gay marriage. Wisconsin elected the nation's first openly gay U.S. senator, Tammy Baldwin. And on Wednesday, the Hallandale Beach commission approved a measure that gay rights activists believe makes it the first city in the nation to offer a tax reimbursement to employees in a domestic partnership. 'There is movement toward equality,:• said Stratton Pollitzer, the deputy director of Equality Florida, the state's largest gay rights group. 'I think Hallandale Beach is going to set the standard. The tax reimbursement would offset federal taxes the employee pays on benefits for a partner. As it stands now, any employee whose domestic partner is covered by the employee's insurance pays taxes on that benefit, said City Manager Renee Crighton. But a person who is married is exempt from paying those same taxes. With the resolution, the city will now reimburse the employee in a domestic partnership anywhere between $500 and $900, said Commissioner Alexander Lewy, who sponsored the legislation. Although it would only affect a handful of the city's more than 400 employees-costing the city about $2,500-leaders in the gay community say it will be a stepping stone for other cities to follow. 'We are hoping other cities will take Hallandale's lead and pass similar laws," said Tim Ross, president of The Dolphin Democrats, a gay oriented club chartered by Florida's Democratic Party. Ross called Wednesday's resolution "historic." In addition to the tax equity, the Hallandale Beach Commission also approved a resolution in support of marriage equality Wednesday. Mayor Joy Cooper, who has been a proponent of equal rights, said even though the city is small -with a population of about 37,000 people-it can be the example for larger cities in South Florida and around the nation. 'It's about standing up and doing what's right, • said Cooper, who was reelected mayor Tuesday. Gay rights activist Michael Rajner said Wednesday that it takes a small city to start a larger movement. "That's how these things work, • he said. 'Others will follow suit." Pollitzer, who is often involved in equality efforts across the state, said the only other city currently considering the tax equality resolution is Miami Beach. He believes that Hallandale Beach could be the first in the nation to pass such a bill, though private corporations have offered tax breaks. Lewy said he brought the resolution up after learning of the inequity. The city has offered benefits for SUBSCRIBE 75e PER WEEK' VIDEO EVENTS ($' !'lliilsmi~ (' Web Search powered byYAHOC&ARCH IL~ADLER"' • FACIA-l PlA .... liC" SVRGtR)' & WHLNU.S. C£oNTU. - More Hallandale Beach Broward recount for two city commission seats to resume Tuesday Hallandale Beach offers free health fair Friday Hallandale Beach passes 'historic' gay rights resolution Cooper beats rival for Hallandale Beach mayor; residents approve charter questions Hallandale Beach residents to choose mayor, commissioners and vote on charter Issues Pension plan pays off big for ex-Hallandale http://www.miamiherald.com/2012/11/07/30868Ggtallandale-beach-passes-historic.html 11/30/2012 Hallandale Beach passes 'historic' gay rights resolution-Hallandale Beach-MiamiHeral... domestic partners since 2006, but it's part of the Federal Tax Code that makes the benefit taxable. He said while he can't change the federal tax law, he can make it better for Hallandale Beach employees. "Why should one group have to pay taxes and another doesn't," he said 'It's just not fair." The Miami Herald staff writer Steve Roth a us contributed to this report. READ MORE HALLANDALE BEACH STORIES FROM THE MIAMI HERALD ELECTIONS Br-•rd recount for two city commlaalon lillata tll resume Tuesday HALLANDALE BEACH Hallandale Beach offers free health fair Friday Gel the 5-Minute Herald VIA EMAIL Enter email address Join the Miami Beach -New rule allows many Florida residents to get car insurance at half- price If you are a smoker and live in [Florida] you need to read this. DISCUSSION ADVERTISEMENT Electricity 10 conspiracy" exposed. 1 weird trick to slash power bill Watch now before it's banned. 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Post as ... Real-time updating is paused. (Resume) SHOWING 0 COMMENTS I Sort by oldest first jiJ Seaeh eity manage,. More http://www.miamiherald.com/2012/ll/07/308687Qtallandale-beach-passes-historic.html 2 of3 11/30/2012 THIS PAGE INTENTIONALLY LEFT BLANK 71 6:\ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager FROM: Ed Tobin, Commissioner DATE: November 29, 2012 SUBJECT: Agenda item for December 12 1h City Commission Meeting Please place on the December 12, 2012 Commission Meeting Agenda a referral to Neighborhoods to discuss equitable distribution of city resources to beautify neighborhoods. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk L\)n;rnitf.sd f,J 72 Agenda Item C VG- Date /,), 13--12. THIS PAGE INTENTIONALLY LEFT BLANK 73 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager FROM: Ed Tobin, Commissioner DATE: November 29, 2012 SUBJECT: Agenda item for December 121h City Commission Meeting Please place on the December 12, 2012 Commission Meeting Agenda a referral to Neighborhoods to discuss restaurant solicitation of pedestrians on city sidewalks particularly Ocean Drive and Lincoln Road. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk 74 ()/!() Agenda Item C I( If Date Jd:-ld ~ /.2_ THIS PAGE INTENTIONALLY LEFT BLANK 75 MIAMIB '11'112 '1"\\1 r\(\ OFFICE Of THE MAYOR AND COMMISSIGN · · ·') 1 ,h.~ MEMORANDUM TO: Kathie Brooks, Interim-Gty-Manager · · FROM: Jerry Libbin, Commissioner DATE: November 30, 2012 SUBJECT: Agenda item for the December 12, 2012 Commission meeting; A referral to the Land Use and Development Committee on behalf of the Planning Board Please place on the Commission meeting agenda a referral of the following items to the Land Use and Development Committee: 1) Zoning and planning initiatives for the North Beach area including Ordinance Amendments for parking requirements as well as development regulations 2) Transit enhancements for North Beach 3) 'The application of parking impact fees to satisfy hotel parking requirements outside of historic districts Please see attached and contact my office at ext. 7106 if you have any questions. Attachment JL/er VVe oro commilled io ;ervico and to o/1 who live, work. ond In 1. 76 .: . <e MIAMI BEACH , .. OFFICE OF. THE CITY i\1\ANAGER . No. Lrc #\293:2o12T LETIER TO COMMISSION ~ ' .TO: Mayo'r Matti Herrera Bower and Members of the City Commission FROM: 'Kathie G. Br<ioks,'lnterlmCityManag~; /~ /---,. DATE: November(2, 2012 · S~BJECT: pctober Planning Board Discussiol} Items On October 30, 2012, the Planning Board adopted the attached resolutions, and passed a separate· motion, requesting that the City Commission refer the . following items to an upcoming agenda of the Land Use and Development Committee: 1) Zoning and planning initiatives for the North Bet;lch area, including .Ordinance Amendments for parking requirements, as well as development regulations. 2) Transit enhancements for North Beach. 3) The application of parking Impact fees to satisfy hotel parking requirements outside of historic districts. The Administration recommends that the Commission provide any appropriate policy direction on these matters, Including a referral to the· Land Use and Development Committee for review and consideration . . JMG/£G~:TRM · F:\PLANI$ALL\CM_RESP\PB Referral N Beach and parking Impact fee 2012.ftc.docx C: Jorge G. Gomez, Assistant City Manager' ·Jose Smith, City Attorney . . Gary Held, First Assistant City Attorney Bob Parcher, City Clerk Richard G. Lorber, Acting Planning Director 77 - CJ !"'..) =i <:::> !'--:> -< z c-J 0 I -<: /"t"l :::D ::::-: a'! CJ? -o C'l :X: .,., :t -n n 0 1'1 ·;o rn () m < ,,., 0 CITY OF MIAMI BEACH PLANNING BOARD RESOLUT/bN WHEREAS, the City of Miami Beach Planning Board serves in an advisory capacity 'to . ·the City Commission and other City Boards o~ issues affecting planning, design and development in the City, and under its Powers and Duties in the City Code is tasked to insure a high degree of aesthetics and promote quality In construction and design of buildings and structures so as to enhance the value of property and the physical environment of the city; and · · WHEREAS, the Plannin'g Board strong,ly supports the efforts of the City to promote and enhance the unique sqclal and architectural history of t~e North Beach area, particularly as it pe'rtains to the retention, preservation and adaptive re-use of 'Contributing' structures in the ~orth Beach ?~rea, including the efforts of the City to maintain, preserve and protect Its historic ·buildings and architecture as valuable historical, educational and visual resources for its residents and visitors, particularly as It pertains to historic 'MiMo' architecture in the North Beac;h area; and· WHEREAS, the Planning Board strongly su'pports efforts to increase the availability of · public pari<ing, incentivize hotel development and provide appropriate design direction for the rehabilitation of existing, character defining 'MiMe' buildings and structures in the North Beach area; and WHEREAS, modifications to the City Code and Design Guidelines, as well as the , .creation of tangible incentives to preserve the unique character and sense of place in North Beach, are necessary to achieve the above. THEREFORE, it is hereby resolved that 'the Planning Board urges· the City of Miami Beac~ City . Commission to refer the following items to the Land Use and Development Committee for further discussion and action: ' . 1) Amending the Parking Ordinance to allow additions to contributing buildings In National · · Register districts to pay a one-time. parking impact fee in the· same manner as Local Historic Districts. . 2) Amending the Parking Ordinance to reduce parking requirements for additions to :· ·. , 'Contributing' buildings In National Register historic districts. ·3) Provide public parking In areas of greatest need. ·· . 4) Explore the creation of building permit incentives for substantially rehabilitated buildings .. . , 5) Prepare design guidelines for the rehabilitation of and additions to MiMo architecture In order to streamline the development review process. 6) Amend the RM-1 zoning district with height and setback standards for new construction that are more compatible with the scale and character of the built .environment. · ,' . . .. ·PASSED AND ADOPTED THIS 30th DAY OF OCTOBER, 2012. . . 78 l 1 CITY OF MIAMI BEACH 'PLANNING BOARD RESOLUTION WHEREAS, the City of Miami Beach Planning Board serves In an advisory capacity to the City Commission and other City Boards on Issues affecting planning, design and · · development in the City, and under Its Powers and Duties in the City Code is tasked to insure a high degree of aesthetics and promote quality In construction and design of buildings ~nd structures so as to enhance the value of property and the physical environment of the city; and WHEREAS, the Planning Board strongly supports the efforts of the City to promote and enhance' the unique social and architectural history of the NortiJ Beach area, particularly as It pertajns to the retention, preservation and adaptive re-use of 'Contributing' structures In the North Beach· area, Including the efforts of the City to maintain, preserve and protect its historic · buildings and architecture as· valuable historical, educational and visual resources for Its residents and visitors, particularly as it pertains to historic 'MiMo' architecture In the North Beach ~r~a; and · WHEREAS, the Planning Board strongly supports efforts to increase the availability of transit" options in the North Beach area. THEREFORE, it is hereby resolved that the Planning Board urges the City of Miami Beach City Commission to refer to the Land Use and Development Committee a discussion · item on transportation· options in the North Beach Area, including a circulator bus for North Beach and better connector options for South, Middle and North Beach .. PASSED AND ADOPTE;D THIS 30th DAY OF OCTOBER, 2012. ~IS~# Chair Planning Board ' 79 OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: FROM: DATE: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION INTERIM CITY M~ ER K#ATH·I·~;·BROOKS JOSE SMITH .. / ····· 't CITY ATTORNE ...• • I' .•• -~w' DECEMBER'·12, 2012 SUBJECT: Proposed Amendments to City Code Chapter 38 Regarding "Elections" Based upon amendments to the Florida Election Code, revised County Elections Department procedures regarding the issuance of final election returns, and recommended housekeeping policy amendments to the City's election procedures, I am requesting that the attached proposed amendments to Chapter 38 of the City Code regarding "Elections" be referred to the Neighborhoods and Community Affairs Committee for its input and consideration. 80 Agenda Item G4J Date 12--12..-tz_ OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: FROM: DATE: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION INTERIM CITY MANAGER KATHIE BROOKS JOSE SMITH , CITY ATTOR ,1: DECEMBER 12,2012 SUBJECT: PROPOSED AMENDMENTS TO CITY CODE CHAPTER 38 "ELECTIONS" In addition to those provisions of the City Charter relating to City elections 1, there are City Ordinances codified in Chapter 38 of the City Code dealing with the process of conducting City elections. The majority of the provisions in Chapter 38 were originally enacted in 1964. In order to ensure compliance with applicable statutory and County Code provisions, periodic review of these Code provisions is required. Accordingly, the City Attorney's Office has reviewed and analyzed Chapter 38, resulting in the attached Ordinance containing the following City Code amendments: I. Amendments required by Florida law: Prior to the 2011 statutory amendments to the State's Early Voting Law (Fla. Stat. section 1 01.657), municipalities had the power to opt out the State's law and could thus self-regulate Early Voting for its elections. This ability to opt out was exercised by the City Commission in 2005, resulting in City Code section 38-6 which provides, in part, for a total of 7 days of Early Voting preceding every General Election. As a result of last year's statutory amendments to the State's Early Voting law, municipalities are no longer able to completely opt out of the State's law. Municipalities must now adhere to the statutory Early Voting schedule for those City elections held in conjunction with County or State elections; for those City elections not held in conjunction with County or State elections, however, cities such as Miami Beach may opt out of the statutory provisions and thus may regulate the number of days and sites for such Early Voting. 1 See, Miami Beach Charter, Articles VI "Elections" and VII "Initiative and Referendum." 81 Accordingly, the City Code amendments herein establish the City's policy decision to self-regulate its Early Voting relating to City elections not held in conjunction with County or State elections. The amendments propose a 14-day Early Voting period 2 , with Early Voting sites at City Hall and the North Shore Branch Library. II. Amendments required due to County Elections Department Process: In order to reflect the County Elections Department's procedure regarding the timing of its issuance of Final Election Returns, the Code amendments herein include changing the date on which the City Commission accepts/canvasses election returns from the day after the election date to the first business day immediately following the County Supervisor of Election's issuance of final election returns. Ill. Miscellaneous Amendments: Although not mandated by State or County law, I further recommend as a housekeeping matter that the Code amendments include language: • Confirming the City Commission's power to take emergency action at any Commission meeting occurring between a General election date and the date on which it accepts final Run-Off election returns; and • Including specific statutory citations to applicable provisions of the Florida Election Code, as well as corrections to non-substantive typographical errors. FINAL: ECONOMIC IMPACT ANALYSIS Pursuant to City Charter Section 5.02 the City is required to consider the long-term economic impact (at least 5 years) of proposed legislative actions. The following figures reflect City of Miami Beach costs estimated by the Miami-Dade County Elections Department for future City elections 3 : ~ $3,200: Per day/per location for Early Voting; ~ $197,945.49: Cost estimate for 2013 General Election (estimate based upon City's cost for November 11, 2011 General Election). Cost for 2013 General Election subject to change based on the proportion of the cost City of Miami Beach will share with other municipalities holding elections on same date, any special requests such as number of early voting days and locations, business reply mail option for absentee ballots, etc). 2 Per Florida Statute 101.657, the County Supervisor has the discretion to regulate the hours of Early Voting in the event the County conducts such Early Voting. 3 See correspondence dated November 30, 2012 from County Elections Department to City Clerk, attached as Exhibit "A" hereto. 82 ~ $154,992.01: Cost estimate for 2013 Run-Off Election/stand-alone elections. The proposed Ordinance does not change the existing schedule of future City General and Run-Off Elections. The cost to the City of these elections will be dependent upon whether they will be stand-alone or held in conjunction with County elections (thus allowing the City to piggyback onto the County ballot at a lesser cost than a stand-alone election) and is thus dependent upon future action of the Miami-Dade County Commission. The predominant economic impact of the proposed Ordinance concerns the proposed increase in the number of Early Voting days from City stand-alone General elections (not held in conjunction with County or State elections) from 7 to 14, with a daily Early Voting cost of $6,400 ($3,200 x 2 sites= $6,400). Therefore, the projected economic impact of this Ordinance over a period of 5 years is $224,000, reflecting an increased annual cost to the City of $44,800 ($6,400 Early Voting cost for 2 sites x 7 days). F:\ATTO\TURN\COMMMEMO\Commission memo Amendments regarding Chapt. 38 elections.doc 83 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED "ELECTIONS," BY INCLUDING REFERENCE TO APPLICABLE STATUTORY PROVISIONS OF FLORIDA ELECTION CODE; CORRECTING TYPOGRAPHICAL ERRORS; AMENDING CITY CODE SECTION 38-4 TO PROVIDE FOR COMMISSION CANVASSING OF ELECTION RETURNS ON THE FIRST BUSINESS DAY IMMEDIATELY FOLLOWING THE COUNTY SUPERVISOR OF ELECTION'S ISSUANCE OF FINAL ELECTION RETURS AND CONFIRMING AUTHORIZATION OF EMERGENCY COMMISSION ACTION TAKEN AT ANY COMMISSION MEETING OCCURRING BETWEEN GENERAL ELECTION DATE AND ACCEPTANCE OF FINAL RUN-OFF ELECTION RETURNS; AND AMENDING CITY CODE SECTION 38-6 BY ESTABLISHING THE NUMBER OF DAYS FOR EARLY VOTING RELATIVE TO CITY GENERAL, RUN-OFF AND SPECIAL ELECTIONS UPON CITY COMMISSION AUTHORIZATION OF EARLY VOTING, AND AUTHORIZING CITY COMMISSION TO CHANGE EARLY VOTING SCHEDULE FOR ELECTIONS NOT HELD IN CONJUNCTION WITH COUNTY OR STATE ELECTIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: SECTION 1. That Chapter 38 of the Miami Beach City Code entitled "Elections" is hereby amended as follows: Chapter 38 -ELECTIONS.1 Sec. 38-1. State law adopted. Subject to provisions of Florida Statute §100.3605, AU general laws of the sState relating to elections which are not inconsistent or in conflict with the provisions of the Charter or this chapter are hereby adopted as part of this chapter. 1 Charter reference-Elections, Art. VI; Initiative and Referendum Elections, Art. VII. Cross reference-Any ordinance calling elections or prescribing the manner of conducting the election in accordance with State law saved from repeal, § 1- 1 O(a)(16); Administration, Ch. 2; City Commission, § 2-31 et seq.; election signs, § 138-134. State Law reference-Florida Election Code, Fla. Stat. Chs. 97-106. 1 84 Sec. 38-2. City Commission to perform duties of County Board of Commissioners. Subject to provisions of Florida Statute §100.3605. +!he BCity BCommission shall perform all acts in relation to general BCity elections which, by the sState law, are made the duty of the aBoard of BCounty BCommissioners. Sec. 38-3. Resolution by City Commission setting forth date and purpose of election, deadline for registration, polling places, change of polling places. (a) For the purpose of making proper provision for each municipal election held in the BCity, the BCity BCommission shall, not less than 30 days prior to the proposed date of such election, adopt a resolution setting forth the following: (1) The date upon which such election is to be held. (2) The purpose of such election. (3) The days and hours, prior to the date of such election, during which persons qualified to vote therein may register for the election. (4) The list of polling places in the several precincts provided for by resolution. (5) The form of ballot to be used in such elections, prepared in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. (b) The BCity BCommission shall further authorize and direct the BCity BCierk to give notice of the adoption of such resolution and of the provisions thereof prescribed in subsection (a), by and through the publication of an appropriate advertisement in a newspaper meeting the requirements set forth in ~-Florida Statute § 50.031 once a week for four consecutive weeks next preceding the day upon which such municipal election is to be held. If any polling place designated in such resolution shall become unavailable for use as such, the BCounty sSupervisor of eEiections shall designate another polling place in the manner provided by sState law. Sec. 38-4. Canvass of Returns; Installation of New Officers. On the first business day immediately following the Counzy Elections Supervisor's issuance of final election results, t+he BCity BCommission shall meet on the first 'Nednesday after a general election or as soon thereafter as practicable, and in the event a runoff election is necessary the c.Q.ity c.Q.ommission shall meet on the day after the runoff election, for the purpose of canvassing the returns of such election(s) and ascertaining the results thereof. Should no fRun-eOff eEiection be necessary, new officers shall be declared elected subsequent to canvass of final General eEiection returns on the first 2 85 VVednesday after the general election (or as soon thereafter as practicable), at which time the new officers shall be installed and shall enter upon the discharge of their duties; if a fRun-eOff sElection is necessary, all new officers shall be declared elected subsequent to canvass of final fRun-eOff sElection returns oo the first day after the runoff election, at which time the new officers shall be installed and shall enter upon the discharge of their duties. Moreover, if a fRun- eOff sElection is necessary, the eCommission meetingf§l occurring on the first V\Jednesday after the general election between the date of General Election and the Commission's acceptance of final Run-Off Election returns shall occur for the limited purpose of canvassing the returns of such general election. and/or to address any emergency matter, pursuant to Florida Statute §952.38 (as amended from time to time) and City Charter §2.05. Sec. 38-5. Appointment and Duties of City Clerk in Connection with Elections. The eCity eCierk is nominated and appointed as the responsible official of the eCity and is hereby empowered, authorized and directed to perform all duties and functions and to exercise all powers of the sSupervisor of registration or sElections required to be performed under this Code, the eCity Charter, the eCounty Charter or Code and the laws and constitution of the sState in connection with municipal elections; however, whenever any act or duty with respect to an election has been, or may be, performed by the sSupervisor of sElections of the eCounty, it shall not be necessary for the eCity eCierk to duplicate that act, but the eCierk may rely upon the actions of the sSupervisor of sElections of the eCounty. Sec. 38-6. Early voting. tat Pursuant to f.S. § 100.3605(1), it is hereby provided that commencing 'A'ith the No·.~ember 2005 municipal elections for mayoral and commission offices, all City of Miami Beach general, runoff and special elections are hereby exempted from the provisions of f.S. § 1 01.657(1 )(d) (the "Early Voting Statute"). The early voting statute provides for early voting to begin on the 15th day before an election and end on the second day before an election and provides other operational restrictions. (b) In lieu of the above described provisions of f.S. § 101.657(1)(d), it is hereby provided that early voting, if authorized by the city commission, shall commence at Miami Beach City Hall eight days prior to the general election, and shall occur for a total of seven consecutive days; \vith early voting to occur on the Saturday 3 86 and Sunday immediately preceding any run off election. (a) Pursuant to Florida Statute §101.657(1 )@ (e), (the ~~Early Voting Statute"), the City of Miami Beach may provide for early voting in City elections that are not held in conjunction with County or State elections, with the ability of the City to designate as many early voting sites as necessary and to conduct its activities in accordance with the provisions of Florida Statute §101.657(1)(a)-(c). (b) If authorized by the City Commission per subsection (a) above, early voting shall occur at Miami Beach City Hall and the North Shore Branch Library in accordance with the following schedule: 1. General Election: Early voting shall commence fitfteen days immediately preceding the General Election for a total of fourteen consecutive days. 2. Run-Off Election: Early voting shall occur on the Saturday and Sunday immediately preceding any Run-Off Election. 3. Special Election-stand alone (not otherwise held in conjunction with General or Run-Off Election{ Early voting shall commence fifteen days immediately preceding such Special Election for a total of fourteen consecutive days. (c) The hours of early voting shall be noticed in a newspaper(s) of general circulation within the City of Miami Beach. (d) The remaining paragraphs of ~-Florida Statute §1 01.657, exclusive of paragraph (1)(d) thereof, shall continue to apply to the sCity's !:}General, fRun- eOff and sSpecial eEiections as provided by law. (e) The sCity sCommission may, by resolution, adopted in advance of a gGeneral, fRun-eOff or sSpecial eEiection that is not held in conjunction with a County or State election per subsection (a) above, alter the site.§. and/or schedule of days (and times, when early voting Is either not conducted by the County Supervisor of Elections. or when the Supervisor is conducting the early voting but has not exercised the discretion to determine the early voting hours) for early voting from that which is provided above. (f) The sCity sCierk is hereby authorized to take any action not otherwise inconsistent with State or County law, which is necessary or expedient to implement early voting in accordance with this section. 2 The Early Voting time period for any Special Election held in conjunction with a General or Run-Off Election shall occur in accordance with the respective time periods set forth above in Code §38-6(b) 1 and 2. 4 87 SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of ________ , 2013. PASSED and ADOPTED this day of ________ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK 88 MAYOR MATTI HERRERA BOWER APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION '/ /2··5~Jl 1:!:( Date S THIS PAGE INTENTIONALLY LEFT BLANK 89 (D MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: December 12, 2012 SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, A DISCUSSION REGARDING POLICE ATHLETIC LEAGUE (PAL) LEASE. ADMINISTRATION RECOMMENDATION Refer the matter to the Finance & Citywide Projects Committee for discussion. BACKGROUND The Miami Beach Police Athletic League (PAL) was founded in 1958 and is the oldest in the State of Florida. This non-profit 501 (c)3 organization offers the community's youth an array of recreational, athletic and educational activities. However, its primary focus is educational due to the shortage of nearby available outdoor field space. Resolution No. 73-13924 authorized a five year lease agreement between PAL and the City on 02/21/73 for the use of a parcel of land on Flamingo Park for the benefit of the youth of the community and to enable our youth to participate in healthful sport and recreational activity. The Lease agreement's terms were extended with the adoption of Resolution No. 77-15471 and then again until 06/30/96 with the passage of Resolution No. 93-20868. Next, it was extended for a five year period ending 06/30/01 through the passage of Resolution No. 96-21987. PAL raised monies in 1997 through donations, grants, etc. with the City's assistance to construct a new facility in Flamingo Park. Accordingly, Resolution No. 98-227 41 was passed granting PAL a twenty-five year lease to operate on the premises through June 30, 2023. Compliance with the stated lease terms is monitored by the City's Office of Asset Management. PAL is presently located at 999 11 1h Street in Flamingo Park. The 13,000 square foot facility opened in January 2001 and contains a computer lab; classrooms; fitness center; meeting, conference, library/reading room; offices; and wrestling, martial arts and workout rooms. Its programs are designed to create better relations between law enforcement officers and youth, as well as to prevent juvenile delinquency. The Lease provides for shared use of the PAL facility between the City's Parks and Recreation facility and PAL. Resolution No. 96-21987 requires PAL to maintain the facility and pay all utilities throughout the term of the lease agreement. Meanwhile, section 2 of PAL's corresponding lease agreement states "Lessor {City} agrees to pay for all utilities used within the premises including, but not limited to, electric, water, gas, telephone and garbage disposal. " These two statements are contradictory, resulting in uncertainty as to which organization is Agenda Item C ({ ,k.. 90 Date /,)..~!,) ~tz_ Commission Memorandum-PAL Referral December 12, 2012 Page 2 of2 responsible for paying for the building's utilities. The City's Legal Department opined that a scrivener's error occurred and that PAL has always been responsible for the utilities of the building. In reality, the City pays the water and sewer charges, while PAL pays the electric and telephone charges. However, the City's use of the facility is significant and PAL believes that they should not bear the responsibility for the share of these costs as there is no requirement in the lease to provide space to the City free of charge. In an attempt to resolve this issue, the City Manager and PAL Board President signed a Memorandum of Understanding on 11/05/07 which contained a paragraph stating "The Parties have also discussed the payment of utility bills associated with the operation of the Building. The City of Miami Beach has agreed on a one-time payment of $50,000 to assist with previous utility bills associated with the property. This payment is with the understanding that in the future the Police Athletic League may utilize an Off-Duty Police Surcharge Fund created to assist the Police Athletic League for whatever portion of future utility bills the Police Athletic League determines is necessary. The fund has been created to assist in the eligible operational expenses of the Police Athletic League by adding one dollar per hour to the off duty police rate. This amount shall be forwarded to the Police Athletic League upon receipt of a quarterly request from the Police Athletic League. In the event the surcharge rate is altered in the future, the parties agree to meet and discuss alternate funding mechanisms as necessary. The City will have no future responsibility to pay utility bills beyond this one-time payment per terms indicated in the Lease Agreement. " The City made the $50,000 payment on 07/27/07. In addition, the City's Finance Department has made quarterly wire transfers to PAL since December 2007 for the off-duty surcharge. The terms above of this Memorandum of Understanding were followed until, during the FY 2010/11 budget process, at the direction of the City Commission, payment of the surcharge to PAL was ceased. PAL continued discussions with the Administration to address ongoing concerns with facility maintenance and shared used of space between PAL and Parks & Recreation. At this time, PAL continues to have concerns with the allocation of utility costs between PAL and the Parks & Recreation Department. A lease amendment is required in order to address this matter to ensure responsibility is based upon calculated usage of the building. Before proceeding with negotiations of an amended Lease Agreement, the City Administration is seeking direction from the Mayor and City Commission. The amended agreement will require the approval of the City Commission and the PAL Board. It will be submitted to both entities for review and approval upon its completion. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Finance & Citywide Projects Committee for discussion and further direction. KGB/MAS T:\AGENDA \2012\ 12-12-12\PAL REFFERAL.docx 91 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager FROM: Ed Tobin, Commissioner DATE: November 29, 2012 SUBJECT: Agenda item for December 121h City Commission Meeting Please place on the December 12, 2012 Commission Meeting Agenda a referral to Neighborhoods to discuss building a guardhouse at east entrance of Normandy Shores If you have any questions please contact, Dessiree Kane at Extension 6274 ET/dk ic 92 THIS PAGE INTENTIONALLY LEFT BLANK 93 lD MIAMI BEACH - OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Kathie Brooks, City Manager~ Michael Gongora, Vice Maych?' "" December 4, 2012 MEMORANDUM SUBJECT: Referral Item for December 12 Commission Meeting Please place on the December Commission meeting consent agenda a referral to the Land Use and Development Committee a discussion item pertaining to "Smarter Materials for Next Generation Infrastructure," such as eliminating the disposal of tires in global landfills and incinerators. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 94 Agenda Item C 'IN Date ld---/,2.-/? THIS PAGE INTENTIONALLY LEFT BLANK 95 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Kathie Brooks, City Manager ~ Michael Gongora, Vice Mayof~ December 5, 2012 SUBJECT: Referral Item for December 5 Commission Meeting MEMORANDUM Please place on the December Commission meeting consent agenda a referral to the Neighborhoods Committee for a discussion item involving a long term solution for the ongoing rodent issue on 41st Street. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 96 Agenda Item C ((J/ Date /J--IJ. ... 12_ THIS PAGE INTENTIONALLY LEFT BLANK 97 lt\ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, City Manager FROMo Michael GOngora, Vice Mayor!~;;-- DATE: December 5, 2012 SUBJECT: Referral Item for December 5 Commission Meeting Please place on the December Commission meeting consent agenda a referral to the Neighborhoods Committee for a discussion item involving citywide lighting conditions. Please find attached a Miami Beach Police report. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 98 Agenda Item C lf {) Date /cj.-/J -12 MIAMI BEACH P ~L· IY·cE ~ CONFIDENTIAL SECURITY SURVEY Citywide General Conditions Lighting Report with Recommended Practice Prepared by: NRO Julio Blanco, fCPP, CPTED Date: 11/02/2012 Goal: The purpose of this report is to identify street lighting problems in all three districts and its direct impact on crime and the fear of crime. The optimal use of Crime Prevention thru Environmental Design (CPTED) will be the main focus of the survey as we strive for the reduction of crime, and the fear of crime, by improving the built environment. The overall goal is safety, improvements that leads to the increase use of the built environment (by a reduction in fear of) and an overall reduction in crime that leads to a better quality oflife for citizens while using public space. Grading Scale: Area lighting conditions were rated from "A to F", with "A" being Excellent and "F" being a total failure. Grades of C or below are considered considerable security risks, and need to be addressed by the City of Miami Beach in order to ensure a safe environment. Points are deducted on observed violations of CPTED and the below listed grading factors. Grading Factors: The light study is based on Crime Prevention Thru Environmental Design (CPTED) principles. "CPTED Standard" refers to ideal/best/recommended standards for safe communities. As such modem lighting principles will be considered to include, but not limited to: • Light Source/Lamp Properties (LED being the CPTED Standard) • Light Temperature (5000k to 6500k as CPTED Standard, see exhibit #1) • Light Fixture/Lamp Design (Type/Height/Light Pollution/Placement considered) • Illuminance and Distd{lut{gn ratio (concentration of light and how it distributed on the ~ '\ -sunace} • Shadows and Glare (reduce effectiveness of lighting and lead to fear and/or inability to see well) • Landscape impacts to lighting (which may render lighting useless or reduce efficiency ~d distribution) • Energy Conservation (an obligation to the environment and the city's costs of operation) • Maintenance (Working conditions/free from obstructions considered) • Design/Spacing (Are the fixtures properly designed and spaced as to not create dark/light patterns) 99 Scope and Purpose: This Recommended Practice (below) contains minimum industry best practices, but can be exceeded. It should be used as a guide for security design reviews, capital improvement projects, retrofit projects, new designs and grant submissions that enhance security of public space. Recommended Practice Important considerations: • Proper lighting may be one of the most cost-effective and universally accepted security measures any municipal entity can use to improve its security and that of public space. • Proper security lighting both deters criminal behavior and enhances safety, thereby reducing overall risk. Properly designed and planned public lighting can create a sense of openness and security for citizens using public space. • Proper lighting aids the ability to observe and monitor movements through the facilities and supports the fundamental principles of Crime Prevention through Environmental Design (CPTED). • Throughout this Recommended Practice, Occupational Safety and Health Administration (OSHA) safety lighting standards and security industry lighting best practices were applied. • Where OSHA foot-candle measurements for safety lighting were higher than security industry lighting measurements, the OSHA measurements should be used. • Where security industry lighting measurements were higher than OSHA safety lighting standards, the security industry lighting measurements should be used. Areas Graded: All of Miami Beach public roads and right of ways, in all three districts (North, Middle and South) 100 Conditions Re art South District 1 "A" rated: o None o "B" rated: o Washington Avenue Corridor-16th Street to 5th Street o All of the South of 5th Neighborhood (SoFi)-presently under construction "C" rated: o Collins Avenue-5th Street to 17th Street o Flamingo Neighborhood -5th to 11th Street/Lenox Ave to Drexel Ave o Ocean Drive -5th to 15th Street o 15th Street to 1 th Street-Alton Road to Washington Ave o 11th Street to 17th Street-Euclid Ave to Washington Ave o Drexel Avenue-11th to 14th Street o Alton Road Corridor -5th to 17th Street o Palm Hibiscus o Star Island o West Ave corridor "D" rated: o Collins Ave-17th to 23rd Street o Washington Ave-16th Street to 1 th Street o N. Michigan to Alton Road - 1 th Street to 15th Street o Meridian Ave-11th Street to 15th Street o 14th-Drexel Avenue to Pennsylvania Ave "F" rated: o City Center -Ballet/23 Street/Bass Museum Library o 21st Street P LOT o Palm View Historic District -17th Street to Dade Blvd and Meridian Ave to Alton Road o N Michigan -12th Street to 15th Street o Espanola Way-Drexel to Pennsylvania Ave o 10 St-West Avenue to Bay (street end) o 13th and Collins Ave P LOT. 101 Middle District -"A" rated: o None o "B" rated: o Belle Isle Area o Purdy Ave o 20th Street by Publix o Arthur Godfrey (41st Street) "C" rated: o Venetian Bridges o Sunset Islands 1,2, and 4 o North Bay Road-51st Street to 63rd Street o LaGorce Island o Pinetree Drive -42nd Street to 63rd Street o LaGorce Drive-51st Street to 63rd Street o 52nd to 62nd Streets-Between La Gorce Drive and Pinetree Drive o Allison Island o 63rd Street corridor o Collins Ave-43rd Street to 63rd Street o Alton Road -52nd Street to 63rd Street o Alton Road -19th Street to 36th Street o Lakeview Drive o Nautilus Area HOA-Nautilus Drive to N Meridian -42nd to 4ih Street o St Patrick's Area-@ Garden Ave "D" rated: o 1700-1900 Blocks of Bay Dr and West Avenue o LaGorce Park area @ 63rd Street o Lakeview Drive Park area o Lakeview Drive Neighborhood -49th Street to 51st Street o N Bay Road -43rd Street to 48th Street o 42nd Street to 46th Street-Chase Ave to Sheridan Ave o Lower N Bay Road -20th Street to 3ih Street o Flamingo Or/Lake Pancoast -25 1h Street to 40th Street "F" rated: o Venetian Islands -Single Family Residential areas o Sunset Island 3 o N Bay Road to Alton Rd @ 52nd Street to 61 st Street o Alton Road -42nd Street to 50th Street o Miami Heart Area -4ih Ct 102 o Indian Creek Drive -42nd Street to 27th Street o Chase Avenue-Alton Road to 34th Street o Collins Avenue-42nd Street to 2ih Street o Alton and Alton Area o Bayshore Neighborhood -28th Street to 40th Street, W of Pinetree Dr North District :1 "A" rated: o None o "B" rated: o Normandy SUD HOA-1100 to 1899 Bay Drive/Calais Drive o Collins Avenue Business Corridor-72nd to 75th Collins Ave o 80 St PLOT "C" rated: o Bay Drive West (south side) o Bonita Drive o 84th Street PLOT o Harding Avenue Corridor 69th to 8ih Street o 72nd Street P LOT o Biscayne Beach HOA -Crespi/Hawthorne Ave 86th Street to 77th Street o 64th PLOT o Collins Avenue Business Corridor-65th to 71st Collins Ave "D" rated: o Stillwater HOA -Stillwater Drive o Normandy Drive Corridor o 71 Street Corridor o North Shore/South Shore Drive o Normandy Nord HOA -Calais Dr and Marseilles Dr o Bay Drive West HOA (north side) o Normandy Shores HOA -Fairway Dr o North Shore Neighborhood 73rd to 87th Abbott Ave to Dickens Ave o Parkview Isle "F" rated: o Normandy Fountain HOA o Calais Drive -West of Trouville Esplanade o 79th Street P LOT o 83rd Street P LOT o 73rd Dickens P LOT 103 rade '' '' '' te 1$ % % f"' I % ~ Th ~ } l ,,,,, ' ~ I I ,, I lK ~ \ '' ate 104 Print-Maps Maps Street to South Pointe Q :Jn lhs-::c:'' Use 1::: fin:: rnaps. :;:re:tiCI1S. bus~~r~ss.:s Jfl::: rr.cr:'! .... 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TABLE 2 Lamp Comparisons lamp Type Applications lncandescent1 • Ambient, task or accent lighting • Flood or spot lighting Halogen (incandescent)1 • Ambient, task or accent lighting • Flood or spot lighting Fluorescent • Interior use • Area lighting Compact fluorescent • Interior use • Area lighting Metal halide • Areas or displays where color identification is critical • Parking areas High-pressure sodium • Roadways, walkways and parking areas 111 Advantages • Instant "on" • High CRI2 • Instant "on" • High CRI • Quick "on" • Energy efficient • Moderate/high CRI • Long life • Quick "on" • Energy efficient • Moderate/high CRI • Long life • Energy efficient • Moderate/high CRI • Long life • Energy efficient Disadvantages • Not energy efficient • Not energy efficient • Lamp lumen output depreciates with ambient temperature change • Lamp lumen output depreciates with ambient temperature change • Slow "on" and restrike time • High initial cost • Slow "on" and restrike time • High initial cost • LowCRI low-pressure sodium Mercury vapor1 Inductively coupled electrodeless light-emitting diode (LED) • Roadways, walkways and parking areas • Area lighting where color identification is not critical • Long life • Energy efficient • Excellent acuity • Area lighting where color • Long life identification is not critical • All interior and exterior • Long life areas • Energy efficient • High CRI • All interior and exterior • Long life areas • Energy efficient • Moderate/high CRI 1. Lamps are being phased out due to federally regulated energy efficiency requirements. 2. Color Rendering Index (CRI) 1.2 Lamp properties • Slow "on" and restrike time • Monochromatic • LowCRI • High initial cost • Slow "on" and restrike time • Low CRI • Not energy efficient • Size oflamp • Component heat control • High initial cost • Component heat control • High initial cost The capacities, efficiencies, restrike times and CRI are important factors in considering the type of lamp that best fulfills the unique requirements of a transit environment. They should be reviewed and considered along with other security lighting survey information and calculations to determine the best values for an agency. Table 3 lists factors to consider for each of the commonly used lighting lamps. The values given are approximate and can vary significantly depending on lamp type, wattage, manufacturer, ballasting and operating conditions. TABLE 3 Lamp Properties Lamp Type Lamp Life Efficacy (output Restrike Time CRI (Color (hours) lumens to input (minutes to full Rendering Index) watts) output)1 lncandescent2 750 17 instant 100 Halogen 2,500 14 instant 100 {incandescent)z Fluorescent 20,000-50,000 80-110 quick-on 75-90 Compact 10,000 80-90 quick-on 72-90 fluorescent Metal halide 12,000-20,000 70-90 up to 15 65-90 High-pressure 24,000-40,000 80-110 1-2 22 sodium Low-pressure 18,000 126 7-15 monochromatic sodium 112 Mercury vaporz 24,000 45 3-7 45 Inductively coupled 100,000 75-80 instant 80 electrodeless light-emitting 50,000 60-80 instant 80 diodes (LED) 1. "lnstanr means that the lamp will immediately be at full output. "Quick-on" means that the lamp will immediately start and very quickly reach full rated output. The other listing times are the amount of time the lamp takes to restrike after being extinguished, which includes some lamp cool down time. If already cool, these lamps will strike immediately but take a minute or several minutes to reach full rated output. 2. Lamps are being phased out due to federally regulated energy efficiency requirements. 2. Lighting design and planning 2.1 Design basis Effective public lighting design and planning includes performing a design basis to benchmark the lighting system requirements. The elements of a design basis should include the following steps: • Define the purpose of the lighting system. • Identify areas requiring installation of or increased illumination. • Determine the type(s) of public lighting to install in an area. • Consider system expansion and value engineering options during any design and planning phases. Other influencing factors to an effective design are light source color, illuminance, uniformity, glare and shadow of the light source. Also, the presence of CCTV systems that will use the light source and the effects of lighting on the surrounding community and area should be considered. 2.2 Light source color The two factors that comprise light source are color temperature and color rendition, which affect mood and environmental surroundings. The higher the color temperature of a lamp, the more closely it replicates daylight. A basic guideline to estimate the perceived color of a source is that the higher the color temperature, the more "cool" the source will appear (more blue/green in tint). The lower the color temperature, the more "warm" the source will appear (more red/yellow in tint). In general, discharge sources, which are considered "white" light sources such as fluorescent and metal halide, will have a color temperature somewhere between 3000°K and 4500°K. Color temperature is an important factor in the selection of light sources. 113 FIGURE 1 Color Temperature Comparison Metal Halide Installation Correlated color temperature: 3700"K Color Rendering Index: -70 114 High-Pressure Sodium Installation Correlated Color Temperature: 1900"K Color Rendering Index -22 Exhibit #1 Temperature Source Match flame Candle flame, sunset/sunrise Incandescent lamps Soft White compact fluorescent lamps Studio lamps, photofloods, etc. 1 Studio "CP" light 4,!00-4, !50 K Moonlight,- 5,000 K 5,000 K Horizon daylight tubular fluorescent lamps or Cool White/Daylight compact fluorescent lamps (CFL) 5,500-6,000 K Vertical daylight, electronic flash 6,500 K 5,500- 10,500 K 15,000- :n,OOOK Daylight, overcast LCD or CRT screen Clear blue poleward sky These temperatures are merely characteristic; considerable variation may be present 115 Color rendition is the ability of a lamp to accurately reproduce the colors seen in an object. It is referred to as the Color Rendition Index (CRI) and measured from 0 to 100. The closer to 100 the index number, the closer the lamp is to natural daylight. The qualities of color rendition characteristics can be influenced by CRI and the spectral distribution of the lamp. 2.3 Illuminance Illuminance is the concentration of light that falls on a surface. It is measured in foot-candles or lux with a light meter on the horizontal and vertical planes. Horizontal illuminance does little to aid the visibility of vertical objects, such as signs and keyholes, whereas vertical illuminance in the appropriate lighting levels provides observers the ability to identify people and activities at a distance, especially in enclosed facilities, such as parking garages. 2.4 Uniformity ratio Uniformity is the even distribution of light on a surface. It is measured as a ratio in determining uniformity of the minimum, average and maximum illuminance to an area. The ratios compare average-to-minimum or maximum-to-minimum illuminance. The differences in uniformity ratios aid the eye to view depth when scanning or viewing an area. Uniformity ratios may vary depending upon their application and built environment. Unbalanced uniformity ratios may present shadowing effects. In this Recommended Practice, the criteria are given in average values and minimum values. The uniformity ratio for Eavg/Emin can, therefore, be found as the ratio of those two values. Lighting uniformity can provide balanced lighting of an area and reduce shadowing. For example, a very uniform lighting environment can lack contrast, making the visibility of objects difficult by allowing the foreground and background to blend with little to no contrast. A more non-uniform scene provides greater opportunity that an object will be visible due to its contrast, either against a bright or dark background. For security lighting, however, a non-uniform scene can provide dark areas and shadows, which would allow for concealment. Therefore, the values listed attempt walk the fme line between too much or too little non-uniformity and should be used for security applications in the public environment. 2.5 Lighting distribution Lighting distribution is the direct area that the light covers. There are five types of lighting distribution patterns, shown in Table 4. Each application may depend on various factors determined during the design and planning phases of a project. The selection of the distribution types should be determined by lighting professionals based on size, shape, and location to be illuminated. 116 TABLE 4 Lighting Distribution Types Type I II Ill IV v 2.6 Shadows Distribution Very narrow Increasing width Increasing width Increasing width Round Application Walkway, roadways Walkways, roadways Walkways, parking areas Walkways, roadway Parking areas, perimeter areas near structures, entryways Shadows reduce the effectiveness of lighting because they reduce lighting uniformity and the contrasts from darkness to lightness. Shadows often impart a feeling of being unsafe, probably because they offer areas of concealment for persons or animals. The effect of shadows is also a concern from a visibility and safety standpoint within public areas. The locations of luminaires and their optical design should be based on the need to eliminate shadows on critical surfaces, such as platform edges and stair treads (see Figure 3) FIGURE 3 FIGURE 4 Platform Edge Lighting Impact of Glare on Visibility 2.7 Glare Glare is produced when the intensity of light in a direction on a surface is sufficiently greater than the eye can adapt to. It can reduce the contrast of an object against its background, resulting in difficulty for the eye to perceive depth accurately and to see well. Glare is may be hazardous for senior citizens and people with weak or impaired vision. 117 2.8 Landscape impacts to lighting Landscape selection should ensure that light distribution will not be obstructed by the foliage of trees, shrubs or other vegetation as it matures or as seasons change. An example of the impact that landscaping can have is shown in Figure 5. The images are of the same pedestrian location during the winter and summer months. The presence of the leaves on the tree reduces the average vertical illuminance by more than 60 percent. During hours of darkness, pole-mounted luminaires should be clearly seen from a distance away from the pole of 2.5 to 3 times their height to ensure area lighting coverage. If the line of sight to the luminaire cannot be clearly seen during the full blossom of the canopy, the tree or shrub branches obscuring the view should be removed by pruning. This action is also referred to as "limb up." Further, at least annually, trees, shrubs and other vegetation should be pruned to prevent interference with light distribution patterns and to eliminate shadows. Designs that include decorative landscaping in neighborhoods should be planned with the full understanding of density, height and breadth of the landscape as it grows to full maturity. FIGURE 5 Impact of Vegetation on Lighting Systems 118 3. Energy and environmental considerations 3.1 Energy conservation Energy consumption in parking lot or area lighting system depends on the lamp type, ballast, luminaire; number of luminaires required and control strategy. Where incandescent and mercury vapor lamps were used at a higher wattage and cost, high-pressure sodium, low-pressure sodium or metal halide lamps may be installed with lower wattages and little reduction in illuminance. Energy savings can also apply to internal applications. For example, compact fluorescent lamps (CFLs) can replace incandescent lamps with lower wattages and little reduction in illuminance at a cost savings. Therefore, older lighting installations replaced by highly efficient lighting systems can translate to greater cost savings. 4. Security lighting survey 4.1 Approach To ensure that the basic principles of public lighting lighting are understood and applied, a public lighting survey should be performed on an annual basis, or when there are changes to the built environment. First, municipalities should review their current security assessment results to analyze identified threats and determine the potential hazards against people, operations and assets. Then, municipalities should complete a design basis in order to do the following: o Establish the purpose of the lighting system. o Identify areas requiring installation of or increased illumination. o Determine the type(s) of public space lighting to install in a specific area. • Consider value engineering options during any design and planning phases. Finally, the municipality should perform a comprehensive security lighting system survey that includes lighting measurements and a review of operational procedures. 4.2 Lighting measurements and system maintenance/repairs As a function of the public space lighting survey, lighting measurements should be taken and analyzed, using Underwriters Laboratories certified equipment and proper manufacturers' calibration, to determine the current lighting levels throughout the different transit property areas. The status of scheduled maintenance and necessary repair of identified damages should be noted as part of the survey. The measurements may be completed in foot-candles (fc) or lux (lx), but should be recorded. 119 4.3 Security lighting survey procedures Table 10 provides recommended procedures for completing a security lighting survey. To record the results of a security lighting survey, an example of a lighting survey field report form is listed in Appendix B. TABLE10 Lighting Survey Procedures! Procedures Review lighting plans and drawings Review lamp/light maintenance Identify power source Inspect luminaries and connections Select equipment (light meter and compass) Select a typical test time at night Orient the property Lay out the area Determine height Take reading at ground (primary) Take reading at height (secondary) Look for trouble Note off-site conditions Note other security systems Purpose To verify lighting designs and any system modifications. To verify schedule of luminaries and lamp maintenance. To identify primary and secondary power sources. To identify frayed or wom wiring or damaged connections. To capture lighting calculations with a light meter measuring device. To ensure light me-ter is functioning and calibrated. To identify the cardinal directions (north, south, east and west). To avoid full or no moon conditions, snow on the ground, overcast, stormy, or rainy nights. Survey should be performed during hours of darkness. To identify the cardinal directions (north, south, east and west) and mark them on a plan or sketch. To identify test points and determine spacing of measurements between test points. To identify primary and secondary measurement heights. Capture and analyze lighting level at (ground) primary height level (horizontal plane). Capture and analyze lighting level at secondary height level (1.5 meter-5 ft.) (vertical plane). To note other site problems that may influence additional threats to property. Make notation of off-site conditions. Adjacent properties may have installed high light levels or glare-intensive sources, which may impact the visibility on the surveyed site. Make notation of type and location of security system elements such as CCTV cameras, emergency telephones, "blue light" stations, etc. and their general configuration as it relates to the lighting system. 1. Lamp "bum-in" of a minimum of 100 hours per lamp should be performed before lighting measurements are taken to ensure the most stable lumen output. 120 5. Inspection, maintenance and repairs The optimum operational effectiveness of a lighting system can be limited by the performance or nonperformance of inspections, maintenance and repairs. Maintenance for parking lot, pole-mounted lighting and area lighting systems can be high because the mounting heights often require special equipment to access the luminaires. Easily replaced bulbs, ballasts and other optical components can reduce labor costs. Ease of maintenance is also a safety issue, because the less time a person works on maintaining a lighting system, the less risk there is for an accident to occur. Group relamping rather than spot relamping may also help to control maintenance costs. A clean luminaire is essential for best performance. Poorly aligned, poorly fitted or damaged luminaire components such as gaskets, housing covers, lenses, etc. can allow dirt or water to penetrate, which can reduce illuminance and increase maintenance or operating costs over the life of the system. Lighting system issues, maintenance and inspection of the systems should be performed at least monthly (for instance, routine maintenance and cleaning of pole and or luminaries, lamp or ballast replacement, etc.). However, ifthere is a history of vandalism or efforts to defeat the lighting system, then maintenance and inspections should be performed more often. Security lighting systems repairs should be performed without delay. For optimum security lighting system performance, follow manufacturers' recommended best practices for inspection, maintenance, and repair. 121 References American National Standards Institute and Illuminating Engineering Society of North America, Practice for Roadway Lighting, ANSIIIESNA RP-8-05, 2005. American Public Transportation Association Recommended Practices: SS-SIS-RP-002-08: CCTV Camera Coverage and Field of View Criteria/or Passenger Facilities SS-SEM-RP-004-08: Security & Emergency Management Aspects of Special Event Service Nl A: Security Placement of Bus Stops Illuminating Engineering Society of North America, Guideline for Security Lighting for People, Property, and Public Spaces, IESNA G-1-03, 2003. http://www.ies.org/shop/item- detail.cfm?ID=G-1-03&storeid= 1 Illuminating Engineering Society of North America, Light Trespass: Research, Results, and Recommendations, IESNA TM-11-00. llluminating Engineering Society of North America, Lighting for Parking Facilities, IES RP-20- 98. illuminating Engineering Society of North America, Luminaire Classification System for Outdoor Luminaires, IESNA TM-15-07. Lighting Research Center Glossary, http://www .lrc.rpi.eduleducation/learning/ glossary.asp. Accessed May 4, 2008. National Fire Protection Association, Standard for Fixed Guideway Transit and Passenger Rail Systems, NFPA 130,2007. National Lighting Product Information Program, Specifier Reports, Parking Lot and Area Luminaries, Volume 9, Number 1, July 2004. http://www .lightingresearch.org/programs!NLPIP /PDF NIEW I SRParking. pdf Northwest Energy Efficiency Alliance, Lighting Design Lab, Lighting Glossary, http://www.lightingdesignlab.com/library/glossary.htm. Accessed May 6, 2008. Transit Cooperative Research Program, Intrusion Detection for Public Transportation Facilities Handbook, TCRP Report 86, Volume 4. http://onlinepubs.trb.org/onlinepubs/tcrp/tcrp_rpt_86v4.pdf U.S. Department of Transportation, Federal Transit Administration, Transit Security Design Considerations, FTA-TRI-MA-26-7085-05, November 2004. http://transit- safety.fta.dot.gov/security/Securitylnitiatives/ DesignConsiderations/CD/ftasesc.pdf U.S. Army, Physical Security Manual, Chapter 5, Physical Security Lighting. http://www .globalsecurity.org/military/library/policy/army/fm/3-19-30/ch5 .htm#pgfld-1 024523 U.S. Department of Energy, Energy Efficiency and Renewable Energy, "High-Intensity Discharge Lighting," http://www .energysavers.gov/your _home/lighting_ daylighting/index.cfm/mytopic= 12080. Accessed: May 5, 2008. 122 Definitions Ballast: A magnetic or electronic device used to control the starting and operation of discharge lamps. Brightness: The intensity of the sensation from which light is seen by the human eye. Color rendition: The ability of a lamp to reproduce accurately the colors seen in an object. Color Rendering Index (CRI): A measure from 0 to 100 of how closely a lamp renders colors of objects compared to a standard source. Daylight is considered the standard source of light for the purpose of this Recommended Practice. The higher the Color Rendering Index, the more natural the appearance of the source and the richer colors appear. Contrast: The relationship between the brightness of an object and its immediate background. Correlated color temperature (CCT): The measure of the "warmth" or "coolness" of a light. Efficacy: The ratio oflight output (in lumens) to input power (in watts), expressed as lumens per watt. Emergency communications device: Equipment and or technology installed at locations open to the traveling public or passengers and intended to communicate the need for assistance, help or another type of emergency or alarm to transportation staff or area frrst responders (telephone, alarm button or panel, intelligent video device or other GPS or non-GPS communications device). Flare: A situation created when a light source overwhelms a CCTV system sensor, making the image unusable. Foot-candle (fc): A unit of measure of illuminance. One foot-candle is equal to llumen cast per square foot of surface. 1 fc is equal to 10.764 lux. Glare: A visual sensation caused by excessive and uncontrolled brightness. High-intensity discharge (HID) lighting: An electric lamp that produces light directly from an arc discharge under high pressure. Metal halide, high-pressure sodium, low-pressure sodium and mercury vapor are examples of types of high-intensity discharge lamps. Horizontal illuminance (Eh): The measure of brightness from a light source, usually measured in foot-candles or lumens, through a horizontal position on a horizontal surface. Illuminating Engineering Society of North America (IESNA): The recognized technical authority on illumination. Illuminance (E): The total amount of visible light landing on a surface from all directions above the surface. Lamp: Electrical light sources often referred to as bulbs. Light-emitting diodes (LED): Diodes (electronic components that let electricity pass in only one direction) that emit visible light when electricity is applied, much like a light bulb. Light meter: Electrical device that measures light in foot-candles or lux. Light trespass: Illumination cast to area where it is not wanted, such as an adjacent property. Luminance: The luminous intensity of a surface in a given direction per unit area of that surface as viewed from that direction; often incorrectly referred to as brightness. Lumen: The quantity of luminous flux emitted within a unit solid angle by a point source with one candela intensity in all directions. lux (lx): The metric standard unit of measure for illuminance, lumens per square meter (lm/rm). 10.764 lx is equal to 1 foot-candle. nonrevenue transit facility: A non-publicly accessible transit facility or the non-publicly accessible portion of a mixed revenue/nonrevenue facility, i.e. operations control centers, maintenance facilities, bus vehicle storage yards, rail vehicle storage yards, traction power substations, communication rooms, train control rooms, emergency fan plants, elevator rooms, passenger station ancillary rooms, and other similar facilities. 123 Photo sensor: An electronic device used to automatically turn lights on and off based on the amount of ambient light near the cell. Sky glow: The result of natural or artificial light sources increasing the night sky brightness. Sky glow varies greatly depending on weather conditions, the quantity of dust/particles in the air, and the amount of light directed skyward. It is considered light pollution. Time clock: An electronic device used to automatically tum lights on and off on a predetennined schedule. Revenue transit facility: A publicly accessible transit facility or the publicly accessible portion of a mixed revenue/nonrevenue facility, i.e. passenger stations and terminals. Transitional lighting: lllumination levels that gradually increase or decrease between brightly illuminated and dark areas. Uplight: Light directed upward from the source, whether from luminaries or reflected light from the ground or other surfaces. Uplight can increase sky glow. Uniformity ratio (UR): The maximum or average illuminance across an area. The uniformity ratio may be expressed as a ratio of average to minimum, or it may be expressed as a ratio of maximum to minimum level of illumination for a given area. Vertical illuminance (Ev): The total amount of visible light landing on a vertical surface from all directions. Abbreviations and acronyms ANSI American National Standards Institute APT A American Public Transportation Association CCT correlated color temperature CCTV closed-circuit television CFL compact fluorescent lamp CPTED crime prevention through environmental design CRI Color Rendering Index E illuminance Eh horizontal illuminance Ev vertical illuminance fc foot-candles HID high-intensity discharge IESNA llluminating Engineering Society of North America LCS Luminaire Classification System LED light-emitting diode LPW lumens per watt lx lux NEC National Electric Code NFPA National Fire Protection Association NLPIP National Lighting Product Information Program OSHA Occupational Health and Safety Administration TCRP Transit Cooperative Research Program UR uniformity ratio 124 THIS PAGE INTENTIONALLY LEFT BLANK 125 Ml MIBE OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Kathie Brooks, Interim City Manager RarneiE.Granado,C~~C~Ie~rk~--~r~--~~~~~···~~~~~~~~~··~~-·-~~· December 5, 2012 Agenda Item for December 12, 2012 Commission Meeting - Referral To The Planning Board Please place on the December 1 ih City Commission Agenda a referral to the Planning Board for consideration of an amendment to the Land Development Regulations that will create protection from total demolition of architecturally significant single family homes built prior to 1942. VVe comrniited sewicc ond lo who five, vvork. and in Agenda Item Date /J. -12 -i 2.. 126 THIS PAGE INTENTIONALLY LEFT BLANK 127 ('") 0') IBE City of Miami Beach, 1700 Convention Center Drive, Miorni COMMITTEE MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM, Interim City Manager Kathie G. Brooks f-. DATE: December 12, 2012 SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING ON NOVEMBER 9, 2012 The agenda is as follows: EMERGENCY ITEM 1. Discussion regarding a resolution authorizing: 1) an amendment to the NSP 1 Agreement between the City and the State of Florida Department of Economic Opportunity (DEO) and the related Agreement between the City of Miami Beach Community Development Corporation (MBCDC) to extend the expiration date of both agreements to February 15, 2013; 2) to utilize unspent administration funds in the amount of approximately $248,000 to reduce the debt service at the Neptune Apartments in order to reduce the rents, to modify the project budgets; and 3) to modify the corresponding mortgages. ACTION To execute the aforementioned tasks, the Administration requests extensions to both the City's Agreement with the State, and the City's Agreement with MBCDC to reflect a new expiration date of February 15, 2013, and further recommends that the Mayor and City Commission authorize 1.) Amendment No. 4 to the Subgrant Agreement between the State of Florida DEC and the City modifying the expiration date of the Subgrant Agreement from November 23, 2012 to February 15, 2013; 2.) authorize Amendment No. 8 to the related NSP1 Agreement between the City and MBCDC to extend the expiration date the NSP1 Agreement from November 23, 2012 to February 15, 2013; 3.) further authorize the City Manager or her designee to take such actions as may be required with regard to preparing and having the Mayor and City Clerk execute modifications of mortgages for the following NSP1 projects: The Neptune Apartments, and the Lottie Apartments, to reflect the current budgeted amounts for each project, and to show the allocation of unspent Administration funds towards the debt service Agenda Item C 129 Date /d--t,J..~Il. at the Neptune Apartments, increasing the project development allocation of the NSP1 Program by approximately $248,000; and further authorize the Mayor and the City Clerk to execute any documentation necessary to effectuate the amendments to the agreements. The Finance and Citywide Projects Committee (FCWPC) began with Chairperson Deede Weithorn stating she wanted to add an emergency item so that it can be taken to the Commission with a recommendation from the Finance Committee. Commissioner Michael Gongora approved to add the item. Real Estate, Housing & Community Deve presented the item. The State Department contract with U.S. Housing and Urban Stabilization Program (NSP) funding Director Anna Parekh ic Opportunity's (DEO) nt (HUD) for Neighborhood 19, 2013. The City's contract with the on November 23, h contracts be the grant and funding. contract with the State DEO and Miami Beach Development Co 2012. The State DEO has extended through February 1 resolve the pending issue of the Of the available $632, NSP1 ad as of September 30, $300,947.93. The expending any NSP1 ad when the current contract State Ag continue units, a $53,643. from N the City, nds were and did not anticipate ber 23, 2012, which is However, extending the the Administration to rent-ups of the sixty ns. This will also free up ars to pay for administrative expenses 15, 2013. Based on current projected balance of unspent 15, 2013, will be approximately ration has had extensive discussions with regarding the eligible uses of the unspent DEO has informed the City that the unexpended d be loaned to MBCDC for either debt reduction on , or to establish an operating reserves account for the MBCDC has requested that the City utilize the unspent administrative funds to provide assistance in covering its current construction budget gap in the amount of $82,506, and/or that the City allocate the unspent administrative funds to reduce its debt service on The Neptune Apartments. While two of the three NSP1 projects were 100% NSP1-funded, The Neptune's acquisition, closing costs, and rehabilitation required additional funding sources. The purchase price of The Neptune was $5,657,850, which met the NSP1 purchase requirement of 1% below appraised value. In order to facilitate MBCDC's acquisition and anticipated rehabilitation costs, on May 12, 130 2010, the City Commission approved Resolution No. 2010-27390, authorizing the following actions: • Reallocation of NSP1 funds in the amount of $246,898.53 from The Madeleine project to The Neptune; • • • Utilizing the second NSP1 allocation in the amount of $4,432,328.24; Utilizing FY2009/10 US HUD HOME funds in the amount of $650,000; Subordination of the City's first lien position to private bank financing acquired by MBCDC in the amount of $700,000. MBCDC's resulting annual debt service to The Neptune is $53,613. As of November $686,132.52. Rents are currently $558 for 50% or less of the Area Median lnco month for residents earning 60% or committed to DEO that half of the very-low income residents other half of the units could be between 60 to 120% of the AMI). stated rents as approved by U.S. residents, however, or inability to pay the occupied. Pursuant to comparab of Lin al Finance Bank (IFB) on 2, the loan balance was ·ncome residents who earn ("AMI"); and $722 per The City and MBCDC ld be reserved for the AMI), and the (who earn he above- igible xpressed an lingness , only 26 of the 35 units are pie Listing Service, within walking distance month. Other similar size are not of comparable value. DEO and conducting an analysis of , the Administration recommends cated towards The Neptune's debt pt "affordable" pursuant to HUD and NSP1 capab1 of some low to moderate income residents. debt service is reduced, a further reduction of rent can rental units may be rented for $620 per month, instead maximum rent of $722. This reduction in rent equals an ,224 per unit or $22,032 annual savings for all 18 units. Commissioner Gongora asked for clarification in understanding why all 17 unit prices do not change. Real Estate, Housing & Community Development Director Anna Parekh stated when the City received the funds, they committed to keeping 50% of the building for residence that are very low income which by definition make 50% of the area's median income. Assistant City Manager Max Sklar stated the City can also choose to go down $50 on each category of rent instead of $100 on just the low income rent. 131 Commissioner Gongora made a motion to place the item on the November Agenda and it was seconded by Chairperson Weithorn.To execute the aforementioned tasks, that the Administration request extensions to both the City's Agreement with the State, and the City's Agreement with MBCDC to reflect a new expiration date of February 15, 2013, and further recommend that the Mayor and City Commission authorize 1.) Amendment No. 4 to the Subgrant Agreement between the State of Florida DEC and the City modifying the expiration date of the Subgrant Agreement from November 23, 2012 to February 15, 2013; 2.) authorizing Amendment No. 8 to the related NSP1 Agreement between the City and MBCDC to extend the expiration date the NSP1 Agreement from November 23, 2012 to F 15, 2013; 3.) further authorize the City Manager or her designee such actions as may be required with regard to preparing and havi and City Clerk execute modifications of mortgages for the foil projects: The Neptune Apartments, and the Lottie Apartments, budgeted amounts for each project, and to show the Administration funds towards the debt service at the ng the project development allocation of the $248,000; and further authorize the Mayor execute documentation necessary to ng gram for South Pointe arketing partnerships. ed n moving forward with the naming p to bring back more information on product and to look into the to restore, manage and enhance the Parks in ic, for the enjoyment of present and future Max Sklar presented this item. As you are aware, the City has been involved in efforts to maximize its strong brand presence by partnering with corporate entities in a manner that generates good publicity and marketing for the City, while at the same time generating revenue or providing savings to the City. The City's municipal marketing (also known as "corporate sponsorship") consultant, The Superlative Group (TSG), has identified priorities for their efforts, while other activities have been identified to be pursued internally with the City's Development Coordinator. The City's Development Coordinator serves as the contract support staff for TSG. 132 Efforts have focused on identifying potential municipal marketing partners and opportunities for partnership, and reaching out to these potential partners to gauge interest. The current economic conditions have impacted the marketing budgets for many large corporations with histories of engaging in these types of partnerships; municipal marketing efforts are funded principally from marketing budgets, as they serve the primary purpose of promoting the corporation's brand and/or product. Not surprisingly, corporate marketing budgets have been impacted and are often the first affected when cost-cutting measures are initiated. While we continued to pursue various efforts in municipal ng, as you know, we made considerable progress in the area of ive/Official citywide beverage partner, resulting in the te ive, non-alcoholic beverage sponsorship with Coca-Cola The terms over 20 toward negotiate The Com Committee they initiated with the cash contribution I contribution recommended TSG pany a return to the FCWPC. ,000 annually was not sufficient support to offset the City's company was subsequently to the South of Fifth Neighborhoods Beach United. Both organizations passed elling public land for naming rights or using public . SOFNA also stated the city should instead On August TSG advised the City that Carnival Corp withdrew their proposal and was no longer interested in pursuing naming rights for South Pointe Park. The Parks and Recreation Department has begun researching the option of establishing a foundation or a conservancy that would be dedicated to augmenting the funding sources now supporting the City's parks and recreation system. 133 Assistant City Manager Max Sklar stated they will not move forward in the intermediate with naming rights since there is no interest and introduced the sunscreen product. Licensed Sunscreen Product ("Official Miami Beach Sunscreen") Since the July 26, 2012 FCWPC meeting, TSG has continued negotiations for a licensed sunscreen product. TSG advised prospective proposers of the City's interest in an Exclusive Sunscreen Partner and the availability of opportunities from this partnership. In addition to information on volumes, venues, current pricing, etc., TSG also advised the prospective proposers of our interest in securing a partner that a minimum annual guarantee, as well as a percentage of net sales to be credited against the minimum guarantee. TSG a minimum ten-year term for the partnership which is not onl with typical exclusive partnerships, but also creates an i pective proposer - as the selected partner will have extended time - sufficient to amortize any capital lish the new brand's presence in the market. Proposed Terms: Terms have been Energizer (Banana delineate the respo Agreement. is, ponsorship fee ($150,000), 4% ual sponsorship fee, marketing of Miami Beach brand, and Rescue. There have been no City at this time. Agreement with TSG, TSG is entitled to reements (to include contract monitoring). paid to TSG will be calculated once the payment for the cash components of the agreement above. types of partnerships, there are certain expectations of the City's role. In addition to supporting the efforts of expanding the sales of the products through our concession locations and in our venues- something that is mutually beneficial -Banana BeaU Hawaiian Tropic identified in their proposal certain areas of support that would be required from the City. Other components include: recognition of the partnership as the official sunscreen of Miami Beach; waiver of certain permit and application fees for a limited number of special events and sampling events on public property (mutually agreed upon); provision of tickets for events at City venues to the sponsor for their use (as may be available); rounds of 134 golf (mutually agreed upon), recognition on all Ocean Rescue vehicles (trucks, ATV's, jet skis) as an Official Product of Miami Beach Ocean Rescue, as well as advertising in MB Magazine and at the City's Alton Road Billboard. Sponsor will have the opportunity to replace towels at beach concession locations (at Sponsors cost), Opportunity to replace and/or provide umbrellas at pool and tennis locations with Sponsor logo (at Sponsor cost), Opportunity to provide towels to staff at City pool locations with Sponsor logo (at Sponsor cost), Opportunity to replace Ocean Rescue stand up paddle boards including Sponsor logo (at Sponsor Commissioner Exposito stated that the business with need to be contacted in what's going on due to these potential the services they are currently figures of what the City would there is a lot of information in the to be reworded and the sunscreen brought before the Commission. the City currently does decision to advise them of an immediate impact on to see some actual orn stated that able and needs ed before it is hey have pursuing the direction City has discussion. Miami Beach nt to consider naming not moving forward s against. Chairperson approach and likes the options. A motion was made by back to the next meeting with more to not move forward with the naming Gongora. 2. Discussion ing The Issuance of Request for Proposals (RFP) for Catering nd Concession services for the Miami Beach Convention Center ACTION The Committee recommended issuing the Request for Proposal (RFP) under Option 2 that states the management agreement expires September 30, 2013 where a new RFP could be issued for Management and Catering/Concession Services combined. In an effort to provide the City with maximum flexibility, the Administration recommends allowing bidders to submit proposals for both or any 135 portion {Management or Catering/Concession Services) of the RFP. Assistant City Manager Max Sklar gave a brief history of the item and stated that the current Management Agreement for the Convention Center with Global Spectrum expires September 30, 2013. There are currently two (2) convention center management companies in the United States: Global Spectrum and SMG. Which for eighteen (18) years (1990 -2008) SMG managed the Miami Beach Convention Center for the City. In 2008 Global Spectrum was awarded the contract following a competitive bid process and has managed the convention center since October 2008. The current agreement between the City and Global Spectrum does not have any additional renewal provisions. It should also be noted that currently SMG has a with Broward County for the Broward County Co their agreement with Broward County expires year renewal term at Broward County's provision that restricts SMG from su management agreement for the ope (1 00) mile radius of Fort Lauderdale agreed to by Broward County. Assistant City Manager Max S and beverage (catering and con also need to issue an RFP for have an agreement in prior to restriction that of a Request determine if contract. If both the RFP. Howeve management agreement . The current term of , with an additional 1 0 agreement includes a into a similar a one hundred County or to issue a new for food is desired the City would with sufficient time to ht of the 100 mile radius recommends issuance the convention center to :nr~,relc:t~fl in bidding on this dministration recommends issuance of interest the City Commission could g with a lengthy RFP process. September 30, 2013 a new RFP I Concession Services combined. In an urn flexibility, the Administration recommends for both or any portion (Management OR . Attached is a draft of an RFP for your biggest change in the RFP was the Scope of Services. Scopes of Services: The Management and Operations of the Convention nd the Food and Beverage of the Convention Center. Proposers can submit proposals for both or only one of the aforementioned Scope of Services. The City has the right to separately award for each Scope of Services or awards both Scope of Services to one proposer if it is deemed to be in the best interest of the City. Separate evaluation criteria and processes are specified for each scope. Chairperson Weithorn opened the floor for comments. John Page Chief Operating Officer of Global Spectrum stated they have been pleased with the results they have achieved over the last 4 years and that they were able to turn a profit last year. With respect to the RFP options, there might be another consideration for an in house food and beverage operation that Global Spectrum offers to others were Global Spectrum 136 hires staff that flows through the existing operations. It would be a standalone entity not involved in the contractual negotiations with the City that would be interested in bidding. Bobby Sanchez of Aramark stated the importance issuing the RFP immediately. Commissioner Gongora made a motion to move forward with Option 2 and was seconded by Chairperson Weithorn. Option 2 states the management agreement expires September 30, 2013 where a new RFP could be issued for Management and Catering/Concession Services combined. In an effort to provide the City with maximum flexibility, the Administration recommends allowing bidders to submit proposals for both or any portion (Management or Catering/Concession Services) of the RFP. 3. Discussion regarding disposition of s ACTION The Committee recommended bidd minimum price and using an e-procu it is to be brought before the Com for the transaction. Public Works Director Fred tnit:io;alities with a is donated, get approval City Manager or his/her become unsuitable for have the authority to agency, or not-for-profit r public if the donation serves a best interest of the city, and the value 2010 which outlines the process for an auction (Attachment A). It basically arrive, the older ones are returned to Fleet rement, contacts an auctioneer to facilitate revenue for the City. Such was the case with an held on September 29, 2012 which generated The City Commissi a number of occasions voted to donate vehicles to other governmental agen causes. Most recently in 2010, the Commission voted to donate a surplus ambulance to Peru and two (2) others as part of the City's Haiti Relief efforts. As part of each fiscal year's budgeting process, a replacement list of vehicles and equipment is prepared and included. Once a number of vehicles are replaced, an auction is planned to generate revenue and free up needed storage space. A vehicle/equipment auction involves completing a wide range of tasks that starts weeks in advance of the actual auction day. Pre-auction activities include: preparation of final list of vehicle/equipment to be auctioned; special 137 packaging/palletizing of surplus or obsolete parts and equipment; collection and verification of all serial and equipment numbers; transportation of all inoperable or non- road rated equipment to the auction site; and complete vehicle/equipment decommissioning work which can be extensive: • Removal of safety equipment from Police vehicles such as: light bars, flashing lights, gun rack, prisoner partition, siren, security device, gun rack, radio equipment, etc. • Removal of rear plastic prisoner transport seat in police interceptors • Re-installation of original manufacturer rear seat in Police interceptors • Re-connect horn in Police interceptors • Removal of graphics from vehicles • Removal of fuel management • Removal of license plate Additional resources are required with Parking Department for vehicle storage Miami Beach Auto Tag Agency for col security purposes. There is also a meeting to coordinate vehicle ide , auction keys and titles in the auction on buyer trucks ination with the for an auctioneer, Department for s day all vehicle le matches number on purchase inventory" form for each vehicle or Fixed Assets. The overall process is labor with The Public Group, LLC to provide for an online Equipment is posted on the company's website: ng is performed in real time. Photographs as well as a deadline for bids. Automatic auction extensions are built into their Public P product. If a bid is placed within 3 minutes of the designate end time, the end time will extend for an additional 3 minutes. This ensures a true "auction" environment and guarantees that every vendor has the opportunity to place his or her best bid. Detailed reports are also produced and provide an audit trail of each bid. This process may prove more advantageous for specialty or emergency equipment as well as odd items such as surplus obsolete parts. In some instances, a piece of equipment is traded in during the acquisition of a replacement. The vendor provides a quoted price for the trade-in. The price quote is compared with 138 the values from on-line auction sites for the same equipment in like condition. If the values are similar, the equipment is used as a trade-in. If the values are not comparable, the auction company is consulted to determine the typical pricing that might be received at a live auction. The best return on the original investment is targeted. In the past, the City has gotten request for donations to acquire some of the City's vehicles from other municipalities. Commissioner Exposito stated that the City is one of the biggest benefactors of reciprocal agreements with other municipalities and that he had discussed with the Chief of Police how to donate a vehicle to a smaller municipality that always assist the City. Interim City Manager Kathie G. Brooks added that if it is donated it should be taken to Commission for approval. mmissioner Exposito stated they would want to limit this to the smaller municipa provide in kind services to the City and Commissioner Weithorn added that should limit the number of vehicles it wants to donate. services. municipalities Commissioner municipalities using an e-p ACTION looking into the online equipment. If other not have to strip disposing of a be used as a asked for rst because it not clear. offer the equipment with a stated that perhaps some the City with in kind will reach out to is to be auctioned. be bid out to other al Officer Walker stated they will be everyone to see the bids making the I e. roving funding, in an amount not the relocation of the kitchen exhaust the Pennsylvania Avenue garage retail :l'u"\n~:.r Avenue The Committee adopting a resolution appropriating an amount not to exceed $250,000 to provide the greatest amount of flexibility to remedy the situation. Real Estate, Housing & Community Director Anna Parekh presented the item. Subsequent to the opening of the Cooper Avenue restaurant it has been determined that there is odor in the alleyway between the garage and concert hall. While it is not known if the odors do permeate the inside of the performance hall, the Administration is exploring options for the relocation of the vents. 139 Therefore, on September 21, 2012 the Tenant's Architect, Design 3 Architecture, (Architect) presented two options for redirecting the Tenant's exhaust in order of feasibility, complexity and cost as follows: Option 1 -Total Estimated Minimum Cost: $59,000 The most feasible, the least complex and most cost-effective approach provides for maintaining the existing location of the exhaust fans on the cover slab over the garbage room. This provides for a stable working platform by which to maintain and service the fans and duct work. The ducting and exhaust vent lead the exterior of the building facing the New World Symphony's loading dock, 90 degrees to the north and discharge directly above the garage on 1 ih Street. Option 2-Total Estimated Minimum Cost: $1 The most complex and costliest of the of the anticipated operational disruption involves the complete relocation and south and then west to discharge over th would also require the of an storage enclosure, to relocate the through the ducting. (primarily in terms involved}, , extending it ue. This panel exhaust 2 as the only choice, as it alley. rection of the vents, the original construction budget of the that can be made available to proceed 2, the Administration recommended amo not to exceed $250,000 to provide the Admin Manager permitting an this issue in the most feasible manner. The the City Commission authorize the Interim City with the Tenant to proceed with the design, modifications, based on either Option 1 or 2. ucting a peer review of Options 1 and 2 in order to ability and effectiveness as well as verify and possibly value-engineer the ates associated with each option. The analysis will also explore other available solutions, if any, including, but not limited to, options for the New World Symphony to consider, such as the installation of a commercial air curtain over its loading dock door. Commissioner Exposito stated that he is concerned with there being ongoing cost and wants to make sure if its' done that it's done the right way to insure it's not a problem that continues to persist in the future. Chairperson Weithorn stated it needs to be a solution with the best way to disperse the exhaust and recommended a do not exceed number for the engineers and experts to present a cost analysis so that it is fixed the 140 right way. Commissioner Exposito made a motion to allow the $250,000 and was second by Commissioner Gongora. 5. Discussion regarding amending Ordinance No. 1605, The unclassified Employees Salary Ordinances 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; Discussion regarding creating a new subsection for Pay Grade 26 ACTION The Committee recommended sending the both versions of the contract to include compensation provision for the City Commission with not include it for the City Attorney Jose Smith Charter, the attached for the City Manager and the City "compensation for the nance. As similarly , the "City Manager's ordinance". 2002, the City Manager and the City amended to provide a minimum $198,100 for both positions. v,-...... v3, salary Grade 26 for the City Manager and that minimum and maximum salary ranges '" ""''nrnission". sets the base salary range between $162,916 to $263,126 and incentives to be determined. Commissioner asked if the City's pay was in line with other municipalities and requested data on making sure the incentives are proper. Interim City Manager Kathie G. Brooks stated that it is not uncommon for some City Managers to get term life, full medical and full health for their family as part of their compensation package. City Attorney Smith will provide both versions of the contract with and without Commission options. A motion was made by Commissioner Gongora to send it back to the December meeting with both versions of the contract and seconded by Commissioner Exposito. 141 6. Discussion regarding the issuance of RFP for Call Centers and including a local preference so as to provide the highest level of service possible ACTION The Administration recommends the issuance of the RFP for Call Center Services. Chief Financial Officer Patricia Walker presented the item. That the City of Miami Beach (the City) would like to solicit responses qualified firms to provide Call Center services to various departments of of Miami Beach. The City wishes to hire a company that provide a offsite call center to receive calls for the Finance, Parking, E Center (EOC) and other departments, as needed. This include all the necessary resources required to achieve a low It is anticipated that the s contract with an initial term additional two (2}, one-year ~vt~n<HI the City for a term to renew for an scretion. Chief Financial Officer Wolfson pulled the item also placed a discussion Agenda which was referred on to state that issioner 012 Commission Agenda and 12, 2012 Commission Projects Committee. In a subsequent he firm be required to be that options might the Local Preference located in be li Ordin RFP that ACTION cerns will existing language in the firms to be located in the Miami to move this item as is and it was dment to the lease between the City c. located at 767 17th Street, said a proposed additional use of the leased to grant necessary access to additional a corresponding rent adjustment The Committee asked that a standby letter of credit be issued for the contractor's liens which have been filed. To determine a proportionate share for use of the restroom and determine the appropriate CAM fees to be charged and bring it back to the Finance and Citywide Committee with the methodology used to calculate the fees. Real Estate, Housing & Community Director Anna Parekh presented this item. On September 15, 2010, the Mayor and City Commission passed Resolution 142 No. 2010-27488, approving a Lease Agreement between the City and Massage Partners, Inc. ("Tenant") for the use of approximately 1802.89 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 2 (a/kla 767 171h Street), Miami Beach, Florida (Leased Premises) as stated in Section 7 of the Lease Agreement, the Leased Premises shall be used by the Tenant only for the purpose(s) of providing therapeutic massage services, facials, and any other products or services authorized pursuant to Tenant's Franchise Agreement with Massage Envy Franchising, LLC ("the Franchisor"). Any additional uses shall be subject to the prior written approval of the City Manager, in his sole and reasonable discretion. Furthermore, pursuant to Subsection 8.C.2 of Tenant's Franchise Agreement, the Tenant shall not offer , give away or otherwise provide any services or products not authorized The Tenant has requested permission Leased Premises to include nail salon s ("Proposed Nail Salon Space") 1nr.:=1rRc separated by partition walls from provides massage services. the nail salon customers. Administration and the also required by the to obtain the applicable itional restroom facilities located in in order to comply with both requirements of the City. The the Lease to allow an additional use ant the non-exclusive, revocable use of the on the 2nd Floor of the 1701 Meridian , su to reaching an agreement with the Tenant as subject to the resolution of outstanding contractors' itting issues. After Koniver Stern Group, the brokerage firm which in the lease transaction with the Tenant, the Administration determined that compensation for the expanded use and additional space requested by Tenant is in order. Tenant currently pays a base rental rate of $27.60 per square foot for the Leased Premises, plus operating/maintenance (CAM) expenses at $4.00 per square foot, and also escrows funds for real estate taxes for the retail space monthly, at the current rate of $7.78 per square foot, and insurance costs at a rate of .90 per square foot. In order to determine the additional rent for use of the restrooms on the second floor of 1701 Meridian Avenue, the cost may be calculated based upon the size of the restrooms, which is 1 04 square feet for 143 the men's room and 144 square feet for the women's room. The combined square footage of 248 square feet would be subject to base rent plus CAM, but would not be subject to real estate taxes or insurance costs. Accordingly, the rent for the expanded use and additional square footage would be $7,837 per year (248 sf x $31.60), payable in monthly installments of $653. The Tenant performed extensive renovations to the space, and in consideration of the Tenant's improvements, the City delayed rent commencement for one year after Lease commencement. The Tenant improvements were conducted by Tenant's contractors, one of whom filed two Claims of Lien against the leasehold in $66,300.67 by the Tenant. The City placed the Tenant on ult. The Tenant in turn filed a Contest of Lien. The City, ection 15 of the Lease Agreement, requested the Tenant to City with security in the amount of $99,451.00 immediately the Claim of Lien. On October 31, 2012, the contractor that negotiations are ongoing with Massage Pa offered to pay $40,000 of the $66,300.67. of this memorandum, this issue not paid the contractor and has not Real Estate, Housing recommending to autho premises, non-exclusive floor of the stated they are use of the demised s located on the 2nd ,..,, ..,,g"'"" the rent per the conferring with Koniver the City in the lease that the combined square footage of rent plus CAM, but it should not costs. Accordingly, the rent for footage would be $7,837 per year installments of $653. City Attorney Jose have filed liens for work done on the an action in circuit court in which the Tenant If the lien has expired, an issue still exists on between the contractor and tenant. Chairperson ant should get a stand by letter of credit and determine a proport1 use of the restroom to determine the appropriate CAM use. Com requested it be brought back to the FCWP meeting with a recom as to how to determine the fees. City Attorney Smith also stated that the needs to speak to the Tenants insurance to make sure it covers any individual in case of an accident 144 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: #:fd I Kathie G. Brooks, Interim City Manager /?V . "'/ -. DATE: December 12, 2012 SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON MONDAY, NOVEMBER 19, 2012. A meeting of the Neighborhood/Community Affairs Committee was scheduled for Monday, November 19, 2012 at 3:00 pm, and was held in the Training Room Located at 1755 Meridian Avenue, 3rd Floor. Commissioners in attendance: Commissioners Ed Tobin and Jerry Libbin. Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 3:27PM. 1. Discussion To Enhance The Capital Project Entitled Normandy Shores Golf Course Aluminum Picket Security Fence. (3:27PM) Commissioner Libbin recapped the background of this discussion to enhance the security fence around Normandy Shores Golf Course. Interim City Manager Kathie Brooks stated that it was discussed that there be some sort of a delineator to clearly show the property line. Input was received from the public: Daniel Vetia spoke Paul Mokha spoke. Mickey Minagorry spoke. Glenda Phipps spoke. Susan Fleming spoke. ACTION: The Committee (Commissioners Tobin and Libbin present) unanimously moved to proceed with placement of a six (6) foot aluminum fence/hedge combination placed away from the homes along the natural boundary of the golf course's field of play. Final location to be determined based on a survey of the area. Another delineator (TBD) at the property line as agreed upon by the Administration and the South Shore Drive residents was recommended The Committee also recommended in support of a low hedge around the other unsecured areas of the golf course and recommend the City consider funding during the next budget cycle when working on capital appropriation. Finally, the Committee also recommended the administration and City Attorney's Office research the placement of guard gate at North Shore Drive Bridge and have a community meeting with residents. 145 Agenda Item (! ~ B Date /¢ -1,2.-12.. City Commission Memorandum December 12, 2012 Report of the Neighborhoods/Community Affairs Committee of November 19, 2012 Page 2 of7 2. Discussion Regarding Licensing And Authorization Requirements For Mobile Trucks And Proposal For A City Sponsored Food Truck Festival. (3:57 PM) Acting Assistant City Manager Max Sklar recapped the background of this discussion. He informed the Committee that the last event took place November 7, 2012. The event was successful and well attended by both the vendors and residents/visitors. Commissioner Tobin would like to see what we can do in the North Beach area to stimulate the area. The Food Truck event should just be the beginning of something for North Beach. Commissioner Libbin withdrew the Festival of the Arts item as the community did not feel the Festival was in the best interest for the community. He also suggested that the event shouldn't be called Food Truck Festival, instead it should be tied to another activity in the community. He wants to make sure that we do a better job with creating a program such as films, skating, etc. Commissioner Libbin commented on the Community Development of the North Beach area, and suggested that the City administration take a look at a proposal that was presented back in 1999/2000 while he was President of the North Beach Development Corporation. The proposal was to develop a 72nd street service lot. It was an amazing proposal and he thinks we need to look at this proposal again. It had elevated plaza, etc. Secondly, he would like to put forth a study of the 8 blocks 78 to 86 streets and find opportunities. Perhaps bring in hotels and develop an entire project and start to bring in some high end retailers. He would like for administration to begin putting out some RFP and do a study. Commissioner Tobin agreed and he was glad that they are both on the same page. Interim City Manager Kathie Brooks pointed out that these developments of these lots as referenced by Commissioner Libbin would require a citywide referendum. It was also stated that the Planning Board has been looking at it as well, and should be referred to the Land Use and Development Committee. City Attorney, Jose Smith mentioned that a few years ago, a master plan was done to revitalize The North End particularly these 8 blocks. Public input was heard. Christine Flores spoke Margueritte Ramos spoke Carol Heusen spoke Daniel Vetia spoke Mickey Minagorri spoke Returning the conversation back to the Food Truck topic, Acting Assistant City Manager Max Sklar indicated that expenditures were limited; only four (4) police officers were paid overtime. The rest were on-duty police officers who were scheduled to work the area. He further stated that advertising is very important for the event to continue its success. Commissioner Libbin would like to task Administration to take a look at prior proposal with Community Development of the North Beach area. Also to see a plan to bring additional events not just the Food Trucks. ACTION: The Committee (Commissioners Tobin and Libbin present) recommended that Administration extend the event for the next year and look at reducing cost. 146 City Commission Memorandum December 12, 2012 Report of the Neighborhoods/Community Affairs Committee of November 19, 2012 Page 3 of7 3. Quarterly Crime Statistics (Recurring Item On A Quarterly Basis). (4:20 PM) Miami Beach Police Assistant Chief Mark Overton presented a quarterly report on crime statistics within the City of Miami Beach, explaining that all around crime was down 5.51% from the previous year (418 less incidents overall). He added that Police has implemented various programs such as, DUI checkpoints which occur twice a monthand Saturation Patrol for which a unit was created to patrol the most troubled areas. Commissioner Tobin recognized Police Assistant Chief Overton and Police Captain Richard Clements for being proactive with a comprehensive effort that police has implemented in troubled areas. Commissioner Libin commented on future events, and asked police to be ready and have some training or conversations with hotel security in regards of the major event "Art Basel" 4. Follow Up Report On The Progress Of The Cat Network's Efforts In The City Of Miami Beach (Originally A Discussion Regarding Prohibition Of Cat Feeding In Miami Beach City Parks). (4:31 PM) Community Resource Coordinator, Lynn Bernstein presented the item, and the participation from PetSmart Charities and the volunteers made this program a successful one, and thanked all the volunteers who attended the meeting. Frank del Vecchio, spoke John Curbello spoke The Health Advisory Committee recommendations were also revewed by the Committee, but no action was taken by the Committee. 5. Resolutions Authorizing Agreements With Various External Entities To Assist The City In Implementing The Action Plan To Address Potential Corruption And Misconduct: A. A Resolution Approving And Authorizing The City Manager And City Attorney To Negotiate An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Office Of The Inspector General (MDCOIG), To Authorize The MDCOIG To Provide Independent Investigations Into City Practices And Operations In Order To Prevent And Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct, Or Other Abuses. B. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida, On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To Develop And Provide A Comprehensive Ethics Training Program For City Employees Who Hold Positions That Are In Regulatory Areas Of The City. (4:47 PM) Commissioner Tobin reviewed the history of the resolutions regarding the recent investigation on charges to City of Miami Beach employees that were arrested by the Federal Bureau of Investigations. 147 City Commission Memorandum December 12, 2012 Report of the Neighborhoods/Community Affairs Committee of November 19, 2012 Page 4 of7 Joseph M. Centorino, Executive Director and General Counsel of the Commission on Ethics made a presentation regarding the Commission's proposed specialized ethics training for all City employees in regulatory functions. Mr. Centorino emphasized that the Commission is uniquely qualified to teach the course, since the purpose of the Commission on Ethics is to serve as the guardian of the public trust by, among other things, educating the public, elected and appointed officials and other public servants as to the required standards of ethical conduct. Commissioner Libbin would like to see the administration implement a whistle blower program. The more we do to incentivize people to come forth with information regarding possible corruption the better. Commissioner Tobin stated that the next time he brings information regarding possible corruption to the table, he would like the support of the other commissioners. ACTION: At the conclusion of the discussion the Committee (Commissioners Tobin and Libbin present) forwarded the item without recommendation to the City Commission. 6. Discussion Regarding Proposed Amendments To The City's Film And Print Guidelines. (5:00PM) Commissioner Tobin began the discussion and stated that he believed that Print shoots are not the problem but rather the "party houses" were significantly more of an issue. A New Time article wrote about the parties that are going on at night. He mentioned that we need to do a better job at enforcing the City's ordinances regarding these party houses. Acting Assistant City Manager, Max Sklar agreed that party houses seem to always cloud the discussion of filming in residential neighborhoods and increased enforcement is needed. Graham Winick, Film & Print Production Manager spoke regarding the outreach efforts and community meetings that have taken place with regards to the Film & Print uses and the permitting process. Commissioner Libbin suggested establishing a program that would allow residents to register for a "do not contact" list that would prevent them from being contacted for an approval to allow filming next to their property. Registration would be allowed during a specified window each year and no one would be able to remove themselves from the list during that year. This would allow the industry to know which houses are clear to work around. Commissioner Libbin discussed his concerns that the 5 days vs. 10 days could be confusing. He mentioned that he does not think the 5 days is a resolution. He would like to see a positive message (Miami Beach welcomes the industry}, etc. He suggested packaging the message accordingly with the 10 day focus. Public input was received from the public including both residents and members of the film and print industry. Commissioner Tobin suggested bringing discussion to Commission. Commissioner Libbin disagreed as he feels it will be a negative battle. He suggested to move forward and recommended to go from 0 to 10. ACTION: Commissioner Tobin suggested that our Legal Department take a look at Frank Del 148 City Commission Memorandum December 12, 2012 Report of the Neighborhoods/Community Affairs Committee of November 19, 2012 Page 5 of7 Vecchio's suggestion regarding the Zoning rule in single family districts which prohibits commercial use of private property. He would want to know if the Film & Print is a Zoning regulation and if so, should it go thru that process. Bring back to Commission in January for further discussion. 7. Discussion Regarding An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration," By Amending Article VI, Entitled "Procurement," By Amending Division 5, Entitled "Debarment Of Contractors From City Work," By Amending Section 2-397, Entitled "Purpose Of Debarment," To Provide The Purpose For Suspensions; By Amending Section 2-398, Entitled "Definitions," To Provide Additional Definitions Regarding Suspension Of Contractors; By Amending Section 2-399, Entitled "List Of Debarred Contractors," To Provide For The Additional Listing Of Suspended Contractors; By Amending Section 2-400, Entitled "Effects Of Debarment" To Provide For The Effects Of Suspension; By Amending Section 2-401, Entitled "Continuation Of Current Contracts," To Provide That Suspension May Affect The Continuation Of Current Contracts Or Bids; By Amending Section 2-402, Entitled "Restrictions On Subcontracting," To Provide For Restrictions On Suspended Contractors; By Amending Section 2-403; Entitled "Debarment," To Provide For The Suspension Of Contractors; By Amending Section 2-404, Entitled "Causes For Debarment," By Providing For An Additional Cause For Debarment When A City Contractor Is Found To Have Committed Any Offense Indicating A Lack Of Business Integrity Or Honesty That Seriously And Directly Affects The Present Responsibility Of A City Contractor, And To Provide For Causes For Suspension; By Amending Section 2-405, Entitled "Debarment Procedures," To Provide Procedures For Suspension Of Contractors; By Amending Section 4-206, Entitled "Period Of Debarment," By Providing For Periods Of Suspension And Requests For Reducing Periods Of Suspension; Providing For Repealer; Severability; Codification; And An Effective Date. (6:00PM) Commissioner Libbin stated his concerns with having a public board making these types of decisions. He would rather have a staff committee to advise the Commission and the Commission will make the decisions. Frank Del Vecchio gave suggestions Commissioner Tobin suggested having a paid staff person working with a team of staff members to present these cases to the Commission with their recommendations. He would like to see someone from CIP involved since they have the experience necessary. He would like to get the other Commissioner's input as well. Commissioner Libbin asked on the status of the investigation regarding the 16 companies named on the affidavit. City Attorney, Jose Smith indicated that his office has requested the files several times, but are still waiting for them. Commissioner Libbin question the reason why we have not followed up with these companies. He would like to see some follow through. At the very least they should show how much they paid for lobbyists and what was the service. He is disappointed that we have not done anything in the last five weeks. 149 City Commission Memorandum December 12, 2012 Report of the Neighborhoods/Community Affairs Committee of November 19, 2012 Page 6 of7 City Attorney Jose Smith explained that the State Attorney's office is on an ongoing investigation and has requested that our Police Department not be involved at this time. Commissioner Tobin would like to see our Legal Department become more aggressive with the State Attorney's office. He would like to get to the bottom. City Attorney Jose Smith explained that in fact, the State Attorney's office has complained that Alek Boksner has been too aggressive. Commissioner Tobin asked the City Attorney what we can do to move forward. He would like to see language that allows us to debar contractors and vendors caught engaging in unethical business deals, regardless if they have been charged with a crime or not. City Attorney Jose Smith explained that we will have the files within a week. Commissioner Libbin would like us to have tougher measures and we should be doing every investigation that we can possibly do. He would like to see language and have companies disclose the information regarding consultant and lobbyist. ACTION: City Attorney to add disclosure language 8. Discussion Of Establishing Parasailing Safety Standards. (6:28 PM) Commissioner Tobin requested to defer to Administration to establish safety standards Commissioner Libbin stated that he would like to see enforcement from both Code and Marine Patrol. ACTION: Motion made by Commissioner Libbin to stop these vendors from doing illegal parasailing 9. Quarterly Reports Regarding Washington Avenue. (6:31 PM) ACTION: Administration to make a presentation at the next Commission Meeting regarding all the things we are doing with this corridor. 10. Discussion Regarding The Various Types Of Water Sports Activities That Exist Today To Amend The 1964 Ordinance.(6:32 PM) Fire Chief Javier Otero presented the history of the ordinance and current locations where various types of water sports activities exist. Commissioner Tobin directed Fire Chief, Javier Otero to consult with Ocean Rescue and ensure that everyone is comfortable with the current areas being utilized· by these various water sports activities. Commissioner Libbin does not want to further restrict if there is no danger. If the swimmers are safe and it's currently working then he is okay with it. Once Fire Chief, Javier Otero consults with Ocean Rescue and if there is any discrepancy, then bring back to committee. Otherwise we can go with the recommendations brought forward. 150 City Commission Memorandum December 12, 2012 Report of the Neighborhoods/Community Affairs Committee of November 19, 2012 Page 7 of7 11. Discussion Regarding "Green Alleys" on Miami Beach Commissioner Tobin directed Administration to move forward with Green Alleys. Commissioner Libbin acknowledged the scheduled meeting for the Sustainability Committee taking place the following day which the item will be discussed. ACTION: Public Works Department Director Fred Beckmann to send an LTC with updates On what was recommended by the Sustainability Committee 12. Discussion Regarding Section 2-459, Entitled "Certain Appearances Prohibited" Ordinance. City Attorney Jose Smith explained that the section on the title is not correct. The County Code already has a two year prohibiting not allowing former staff, specifically the City Manager from lobbying. He will send the section to Dessiree Kane, Commissioner Tobin's Aide so she may forward to those residents who raised the issue. ACTION: Jose Smith to forward section to Dessiree Kane, Commissioners' Aide for clarification 13. Discussion Regarding Changing The Bikeways Blue Ribbon Committee To A City Committee. (6:26) Commissioner Tobin and Commissioner Libbin both agreed that the Bikeways Blue Ribbin Committee should be a City Committee. ACTION: Commissioner Libbin made a motion to change the Blue Ribbon Committee to a permanent Bicycle Pedestrian Committee. 14. Discussion Regarding Jimmy Morales Commissioner Libbin asked Administration to look into the investigation on his campaign expenses. Also, Acting Assistant City Manager, Max Sklar to request a copy of the report results from the Ethics Commission Committee. THE MEETING ADJOURNED AT 6:43 PM. KGB/~/ 151 ~ CJ'I f\) ~'-~ '"' ----~...,.~=--v-" ~ / /\ i PLEASE PRINT LEGIBLY NAME ,::t::" ;,-v--I ,v LttJ 5/-fft-Ro~ NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE November 19,2012 SIGN-IN SHEET ORGANIZATION I DEPT. 5eL.F '"""-~ ,,, -. "~ -···-···--~~---·--'-"'·~~----- ~ CJ'I w ttl -:;:;:-PLEASE PRINT LEGIBLY NAME .....)c:;y.e_ {!___-e. ,._ i::o r j .cy ,. M NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE November 19,2012 SIGN-IN SHEET PHONE NO. EMAIL Cl.-~ntb)-" (91 m12mi h.k • l ll V ~Vv0"1 {u_ LVr CD'-""'t ~ CJ'I ~ lD ~ PLEASE PRINT LEGIBLY NAME 'ha._v\~e_;. bra..\\ bBMik-/2eoFC-I'!-1 \J~-t""\£" 'Dv.r"c.\5 CAQAM.EL C~-r-t'b-\-t~ ~ B~z ·---·"~'""·~·-·-·-·· .... NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE November 19, 2012 SIGN-IN SHEET · ! n~GANIZATION I DEPT. I PHONt-Nn l""N-Cc&-'f.J~t:_ eA-S;c::..-15-710 5461 ~ ~ .... ;-t_( @I.A'Ii/K,~p ........ t..-.a.de.. ~ c-~ : e h "lC.u. ~-o~ ·~a h () o . c.o h'\ q.; '{ ~I -3 S""'?"JJ 305 3)) -15 ) J()L. ?<t"t.-3SJ -t/1~ 5 Jo::) ~IJ}':t-i-C(f~b r f._$ Cl.ll...re'i> -<.. =./"--«·•-"=·--"' '•"-'"·»'·--- ~ CJ'I CJ'I PLEASE PRINT LEGIBLY NAME H ... NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE November 19,2012 SIGN-IN SHEET EMAIL ~RrN~~~ION I ~EPT. 1 PH«?NE NO. , 1 _, -( e..: THIS PAGE INTENTIONALLY LEFT BLANK 156 COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to support a grant application from the Miami Beach Chamber of Commerce's Education Foundation (Miami Beach Education Foundation), with the Miami Beach Education Foundation serving as the applicant and the City of Miami Beach as a partner. Key Intended Outcome Supported: 1) Enhance learning opportunities for youth. Supporting Data (Surveys, Environmental Scan, etc.): 1) Nearly two-fifths of all residential, espondents, 37 .3%, feel the "18 years of age and under" demographic should benefit most ~rom limited resources during tough economic times. Item Summary/Recommendation: 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 support a grant application from the Miami Beach Chamber of Commerce's Education Foundation (Miami Beach Education Foundation), with the Miami Beach Education Foundation Serving as the applicant and the City of Miami Beach as a partner, to the Health Foundation of South Florida for funding in the approximate amount of $200,000, for a full time registered nurse (or equivalent services) to provide services at Treasure Island Elementary, North Beach Elementary and Ruth K. Broad Bay Harbor K-8 Center. Adopt the Resolution. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 N/A N/A D 2 3 OBPI Total Financial Impact Summary: N/A Ci Clerk's Office Le islative Trackin : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement artment Director MIAMI BEACH Assistant City Manager 158 AGENDA ITEM ____::::{'_...:.7....:./J...:.-...__ DATE ld=~I,J -IL MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM May~r Matti Herrera B~wer ~nd Members ~.~~,~ ~ty ~mmission Kath1e G. Brooks, lntenm C1ty Manager?r-- December 12, 2012 t 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 SUPPORT A GRANT APPLICATION FROM THE MIAMI BEACH CHAMBER OF COMMERCE'S EDUCATION FOUNDATION (MIAMI BEACH EDUCATION FOUNDATION), WITH THE MIAMI BEACH EDUCATION FOUNDATION SERVING AS THE APPLICANT AND THE CITY OF MIAMI BEACH AS A PARTNER, TO THE HEALTH FOUNDATION OF SOUTH FLORIDA FOR FUNDING IN THE APPROXIMATE AMOUNT OF $200,000, FOR A FULL TIME REGISTERED NURSE (OR EQUIVALENT SERVICES) TO PROVIDE SERVICES AT TREASURE ISLAND ELEMENTARY, NORTH BEACH ELEMENTARY AND RUTH K. BROAD BAY HARBOR K-8 CENTER ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The mission of the Health Foundation of South Florida (HFSF) is to improve the health status of people in Broward, Miami-Dade and Monroe Counties. By funding providers and supporting programs to promote health and prevent disease, HFSF makes measurable and sustainable differences in the health and well-being of individuals and families. Since its inception in 2001, the Miami Beach Chamber of Commerce's Education Foundation (Miami Beach Education Foundation) has focused on bringing together the strengths and resources of the community to support the needs of public education. The Miami Beach Education Foundation has a strong history of supporting public education, including providing scholarships to graduating seniors and programming costs for the International Baccalaureate Programs. Over $100,000 in programming and scholarship support has already been provided. The goal of this project is to ensure basic health services are provided by a registered professional nurse and/or a Health Connect in Our Schools Health Suite in three schools in the Miami Beach feeder pattern. The three schools are Treasure Island Elementary, North Beach Elementary, and Ruth K. Broad Bay Harbor K-8 Center. Of the eight Miami Dade County Public Schools that fall within the City of Miami Beach feeder pattern, there is Health Connect in Our Schools Suites (HCiOS) in five of them; the students at Treasure Island Elementary, North Beach Elementary and Ruth K. Broad Bay Harbor K-8 Center do not receive basic health care services and there are no health providers available at these school sites; currently all medical issues are dealt with as emergencies. The population at the three underserved schools is similar to all other schools in the Miami Beach feeder pattern. The total number of students proposed to be served under this grant is approximately 2,972 youth. 159 Commission Memorandum Page2 The project is a collaborative partnership between the Miami Beach Chamber of Commerce Education Foundation, the Children's Trust, Miami Dade County Public Schools, Miami- Dade County Health Department and the City of Miami Beach. The applicant and grant recipient will be the Miami Beach Education Foundation, it is proposed that the Children's Trust will contract with a provider to provide the services in the schools; the City will provide assistance as needed in application preparation and planning. As the Department of Health is the authority for school health programs and the Miami-Dade County Health Department is partner to the Children's Trust in HCiOS, they will also be a partner in this application. The project supports the key intended outcome: enhance learning opportunities for youth. CONCLUSION The Administration requests approval to authorize the City Manager or her designee to support a grant application from the Miami Beach Chamber of Commerce's Education Foundation (Miami Beach Education Foundation), with the Miami Beach Education Foundation serving as the applicant and the City of Miami Beach as a partner, to the Health Foundation of South Florida for funding in the approximate amount of $200,000, for a full time registered nurse (or equivalent services) to provide services at Treasure Island Elementary, North Beach Elementary and Ruth K. Broad Bay Harbor K-8 Center. KGB/JMH T:\AGENDA\2012\12-12-12\Grants Memo.doc 160 RESOLUTION TO BE SUBMITTED 161 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission OF The City OF Miami Beach, Florida, Setting A Public Hearing Pursuant To Miami Beach City Code Section 118-563, To Consider Granting A Certificate Of Appropriateness For The Total Demolition Of An Existing Single Story Building And The Construction Of A New 5-Story Parking Garage With Accessory Ground Level Commercial Space At 340 23'd Street (Collins Park Garage}. Key Intended Outcome Supported: Ensure value and timely delivery of quality capital projects; improve parking availability. Supporting Data (Surveys, Environmental Scan, etc.): The Cultural Campus is currently serviced by 55 parking spaces on two surface parking lots, these will be replaced with a parking structure of over 400 parking spaces. Item Summary/Recommendation: J On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a ProfesSional Services Agreement between the City and a joint venture of Zaha Hadid Limited t/a Zaha Hadid Architects and Berenblum Busch Architecture, Inc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid And Award, And Construction Administration Services for the Collins Park Garage Project {the Project). The Agreement was executed on May 3rd, 2012, and on May 24, 2012, the Notice to Proceed for the Planning Phase was issued. The proposed parking garage will be constructed on the two properties currently occupied by surface parking lots located on 23rd Street, behind the Miami Beach Regional Library and the Miami City Ballet building, bridging over Liberty Avenue. The ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft. of retail space, while the upper five (5) levels of the parking garage will accommodate approximately 470 parking spaces. There is currently a vacant, non-contributing, one-story building, located on the lot behind Miami City Ballet, which must be demolished in order to accommodate for the new structure. On November 21, 2012, the Historic Preservation Board (HPB) granted approval of the Certificate of Appropriateness for the total demolition of the existing building, and construction of the new five-story parking garage with accessory ground level commercial space. Pursuant to Miami Beach City Code Section 118-563(i), the actions of the HPB regarding Certificates of Appropriateness for demolition of any building, structure, improvement, or landscape feature located within a historic district and located on City-owned property, shall be advisory with the right of approval or disapproval vested with the City Commission. It should be noted that the City Code does not require the City Commission to schedule a Public Hearing in considering the issuance of a Certificate of Appropriateness for Demolition, however, this is the same process followed by the Historical Preservation Board. In order to protect the City from potential challenges, it is recommended that the Commission follow the same process, which will not have an adverse impact on the construction schedule. The Administration recommends approval of the Resolution. Board Recommendation: Financial Information: Source of Amount Funds: 1 I I 2 OBPI Total Financial Impact Summary: 51 n-Offs: ... "~; anager MIAMI BEACH 162 Account AGENDA ITEM _C__,_?-=8;;..........._ DATE /,2-/~-/2.. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM' Kathie G. Brooks, Interim City Manager/ fl ~ DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT TO MIAMI BEACH CITY CODE SECTION 118-563, TO CONSIDER GRANTING A CERTIFICATE OF APPROPRIATENESS FOR THE TOTAL DEMOLITION OF AN EXISTING SINGLE STORY BUILDING AND THE CONSTRUCTION OF A NEW 5-STORY PARKING GARAGE WITH ACCESSORY GROUND LEVEL COMMERCIAL SPACE AT 340 23RD STREET {COLLINS PARK GARAGE). ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure value and the timely delivery of a quality capital project. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On May 11, 2011, the Mayor and City Commission approved the issuance of Request for Qualifications No. 31-10/11 (the RFQ) for the Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage Project (the Project). The RFQ was issued on June 17, 2011, and on September 14, 2011, the City Commission approved Resolution No. 2011-27735 authorizing the City Manager to negotiate with the top ranked firm of Zaha Hadid Limited t/a Zaha Hadid Architects. On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited t/a Zaha Hadid Architects and Berenblum Busch Architecture, Inc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid And Award, And Construction Administration Services. The Agreement was executed on May 3rd, 2012, and on May 24, 2012, the Notice to Proceed for the Planning Phase was issued. 163 Commission Memorandum -Collins Park Garage -Setting Public Hearing for Certificate of Appropriateness December 12, 2012 Page 2 of2 The proposed parking garage will be constructed on the two properties currently occupied by surface parking lots located on 23rd Street, behind the Miami Beach Regional Library, and behind the Miami City Ballet building, bridging over Liberty Avenue. The ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft. of retail space, while the upper five (5) levels of the parking garage will accommodate approximately 470 parking spaces. The Project also contemplates a large public plaza at the ground level, just east of Liberty Avenue, which will merge into the Liberty Avenue right of way, between 22nd and 23rd streets, encouraging the pedestrian connectivity between the garage, Collins Park, the Miami Beach Regional Library and the Miami City Ballet. The design concept for the Project was presented to the Community on September 5, 2012. The meeting was well attended and the Project was very well received. There is currently a vacant, non-contributing, one-story building, located on the lot behind Miami City Ballet, which must be demolished in order to accommodate for the new structure. On November 21, 2012, the Historic Preservation Board (HPB) granted approval of the Certificate of Appropriateness for the total demolition of the existing building, and construction of the new five-story parking garage with accessory ground level commercial space. Pursuant to Miami Beach City Code Section 118-563(i), the actions of the HPB regarding Certificates of Appropriateness for demolition of any building, structure, improvement, or landscape feature located within a historic district and located on City-owned property, shall be advisory with the right of approval or disapproval vested with the City Commission. It should be noted that the City Code does not require the City Commission to schedule a Public Hearing in considering the issuance of a Certificate of Appropriateness for Demolition, however, this is the same process followed by the Historical Preservation Board. In order to protect the City from potential challenges, it is recommended that the Commission follow the same process, which will not have an adverse impact on the construction schedule. The Basis of Design Report (BOOR) is currently being finalized, and will be presented to the Commission for approval in January 2013. CONCLUSION The Administration recommends that the City Commission schedule a Public Hearing to consider the need to grant a Certificate of Appropriateness for the total demolition of an existing single story building and the construction of a new five-story parking garage with accessory ground level commercial space at 340 23rd Street (Collins Park Garage). Attachments: 1. Staff Report-HPB File No 7329 KB/JGG/~ T:\AGENDA\2012112-12-12\Collins Park Garage-Certificate of Appropriateness for Demolition\Collins Park Garage-Cer~tificate of Appropriateness for Demolition -IVlemo.doc 164 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT TO MIAMI BEACH CITY CODE SECTION 118-563, TO CONSIDER GRANTING A CERTIFICATE OF APPROPRIATENESS FOR THE TOTAL DEMOLITION OF AN EXISTING SINGLE STORY BUILDING AND THE CONSTRUCTION OF A NEW 5-STORY PARKING GARAGE WITH ACCESSORY GROUND LEVEL COMMERCIAL SPACE AT 340 23RD STREET (COLLINS PARK GARAGE). WHEREAS, on May 11, 2011, the Mayor and City Commission approved the issuance of Request for Qualifications No. 31-10/11 (the RFQ) for the Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage Project (the Project); and WHEREAS, the RFQ was issued on June 17, 2011, and on September 14, 2011, the City Commission approved Resolution No. 2011-27735 authorizing the City Manager to negotiate with the top ranked firm of Zaha Hadid Limited t/a Zaha Hadid Architects; and WHEREAS, on March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited t/a Zaha Hadid Architects and Berenblum Busch Architecture, Inc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid And Award, And Construction Administration Services; and WHEREAS, the Agreement was executed on May 3rd, 2012, and on May 24, 2012, the Notice to Proceed for the Planning Phase was issued; and WHEREAS, the proposed parking garage will be constructed on the two properties currently occupied by surface parking lots located on 23rd Street, behind the Miami Beach Regional Library and the Miami City Ballet building, bridging over Liberty Avenue; and WHEREAS, the ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft. of retail space, while the upper five (5) levels of the parking garage will accommodate approximately 470 parking spaces; and WHEREAS, the Project also contemplates a large public plaza at the ground level, just east of Liberty Avenue, which will merge into the Liberty Avenue right of way, between 22nd and 23rd streets, encouraging the pedestrian connectivity between the garage, Collins Park, the Miami Beach Regional Library and the Miami City Ballet; and WHEREAS, there is currently a vacant, non-contributing, one-story building, located on the lot behind Miami City Ballet, which must be demolished in order to accommodate the new structure. WHEREAS, on November 21, 2012, the Historic Preservation Board (HPB) granted approval of the Certificate of Appropriateness for the total demolition of the existing building, and construction of the new five-story parking garage with accessory ground level commercial space; and WHEREAS, pursuant to Miami Beach City Code Section 118-563(i), the actions of the HPB regarding Certificates of Appropriateness for demolition of any building, structure, improvement, or landscape feature located within a historic district and located on City-owned property, shall be advisory with the right of approval or disapproval vested with the City Commission. WHEREAS, it should be noted that the City Code does not require the City Commission to schedule a Public Hearing in considering the issuance of a Certificate of Appropriateness for Demolition, however, this is the same process followed by the Historical Preservation Board; and 165 WHEREAS, in order to protect the City from potential challenges, it is recommended that the Commission follow the same process, which will not have an adverse impact on the construction schedule. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby set a public hearing pursuant to Miami Beach City Code Section 118-563, to consider granting a Certificate of Appropriateness for total demolition of an existing single story building and the construction of a new 5- story parking garage with accessory ground level commercial space at 340 23rd Street (Collins Park Garage). PASSED AND ADOPTED this 1ih day of December, 2012. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk T:\AGENDA\2012\12-12-12\Collins Park Garage -Certificate of Appropriateness for Demolition\Collins Park Garage -Certificate of Appropriateness for Demolition -Reso.doc 166 THIS PAGE INTENTIONALLY LEFT BLANK 167 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing To Consider Granting A Waiver Of Certain Development Regulations, Pursuant to Section 142-425( d) Of The City's Zoning Ordinance, For The Collins Park Garage Project, Located Within The Museum Historic District And Collins Park Neighborhood; Said Waiver Regarding The Maximum Building Height. Key Intended Outcome Supported: Ensure value and timely delivery of quality capital projects; improve parking availability. Supporting Data (Surveys, Environmental Scan, etc.): The Cultural Campus is currently serviced by 55 parking spaces on two surface parking lots, these will be replaced with a parking structure of over 400 parking spaces. Item Summary/Recommendation: On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited tla Zaha Hadid Architects and Berenblum Busch Architecture, Inc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid and Award, and Construction Administration Services, for the Collins Park Garage Project (the Project). The Agreement was executed on May 3'd, 2012, and on May 24, 2012, the Notice to Proceed for the Planning Phase was issued. The proposed parking garage will be constructed on the two properties currently occupied by surface parking lots located on 23rd Street, immediately behind the Miami Beach Regional Library and the Miami City Ballet building, bridging over Liberty Avenue. The ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft. of retail space, while the upper five (5) levels of the parking garage will accommodate approximately 470 parking spaces. The main vertical circulation core for the parking structure will be located on the property behind the Miami Beach Library, in a landscaped urban plaza. The plaza will not only serve as the "grand lobby" for the parking structure, but it will also serve as a successful pedestrian node and meeting place for the Collins Park neighborhood. The height of the first parking level that bridges over Liberty Avenue to create the urban plaza space (level4), has been carefully studied in context with the Miami Beach Regional Library north fac;ade. It has a series of windows and two verandas facing the plaza, which dictates the minimum clear height of 30ft required for this public space. The upper parking deck levels (5 and 6) have been designed with the typical1 0 feet slab-to-slab height, allowing sufficient clearance for vans and mechanical services. The top of the roof deck (level 6) is set at approximately 56 feet, exceeding the maximum height of 50 feet permitted within a local historic district. In order to maintain the optimal clear height for the public plaza space, and the current number of parking levels, which provides approximately 470 spaces, it is necessary to waive certain development regulations, pertaining to the maximum allowable building height in this District, which has been determined to be 50 feet. Pursuant to Section 142-425(d)(e) of the City's Zoning Ordinance, the Mayor and City Commission may waive development regulations following a noticed public hearing advertised in the newspaper at least fifteen (15) days prior to the hearing. The Administration recommends approval of the Resolution. Board Recommendation: Financial Information: Source of Funds: Amount MIAMI BEACH 168 Account /? 7/' AGENDA IT EM ___;:(......-=--..o._....;;;;;;~"-- DATE J;. .... jcJ.-/4 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER GRANTING A WAIVER OF CERTAIN DEVELOPMENT REGULATIONS, PURSUANT TO SECTION 142-425(D) OF THE CITY'S ZONING ORDINANCE, FOR THE COLLINS PARK GARAGE PROJECT, LOCATED WITHIN THE MUSEUM HISTORIC DISTRICT AND COLLINS PARK NEIGHBORHOOD; SAID WAIVER REGARDING THE MAXIMUM BUILDING HEIGHT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure value and the timely delivery of a quality capital project. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On May 11, 2011, the Mayor and City Commission approved the issuance of Request for Qualifications No. 31-10/11 (the RFQ) for the Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage Project (the Project). The RFQ was issued on June 17, 2011, and on September 14, 2011, the City Commission approved Resolution No. 2011-27735 authorizing the City Manager to negotiate with the top ranked firm of Zaha Hadid Limited tla Zaha Hadid Architects. On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited tla Zaha Hadid Architects and Berenblum Busch Architecture, Inc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid And Award, And Construction Administration Services. The Agreement was executed on May 3rd, 2012, and on May 24, 2012, the Notice to Proceed for the Planning Phase was issued. The proposed design has been presented to the community and was approved by the Historic 169 Commission Memorandum-Collins Park Garage-Setting Public Hearing for Waiver of Development Regulations December 12, 2012 Page 2 of 2 Preservation Board (HPB) on November 21, 2012. The Basis of Design Report (BOOR) is currently being finalized, and will be presented to the Commission for approval in January 2013. ANALYSIS The proposed parking garage will be constructed on the two properties currently occupied by surface parking lots located on 23rd Street, immediately behind the Miami Beach Regional library and the Miami City Ballet building, bridging over liberty Avenue. The ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft. of retail space, while the upper five (5) levels of the parking garage will accommodate approximately 470 parking spaces. The main vertical circulation core for the parking structure will be located on the property behind the Miami Beach Regional Library, in a landscaped urban plaza. The plaza will not only serve as the "grand lobby'' for the parking structure, but it will also serve as a successful pedestrian node and meeting place for the Collins Park neighborhood. The location of this entrance plaza and vertical circulation core has been carefully studied by the architects so that it will conveniently service 23rd Street, Liberty Avenue, the Regional Library, the public beach, Collins Park, the Bass Museum, and the City Miami Ballet. The height of the first parking level that bridges over Liberty Avenue to create the urban plaza space (level 4 ), has been carefully studied in context with the Miami Beach Library north fac;:ade. It has a series of windows and two verandas facing the plaza, which dictates the minimum clear height of 30 feet required for this public space. The upper parking deck levels (5 and 6) have been designed with the typical 10 feet slab-to-slab height, allowing sufficient clearance for vans and mechanical services. The top of the roof deck (level 6) is set at approximately 56 feet, exceeding the maximum height of 50 feet permitted within a local historic district. "While the structure by necessity must exceed the allowable height, this height is dramatically mitigated and made appropriate and more transparent by the 'open' nature of the structure, which has no solid exterior walls above the ground floor level. Indeed, the structure is made even more open and airy by an interior light well, which is open to the sky and 'trains' natural daylight down through the interior." (HPB File No 7329 Staff Report). In order to maintain the optimal clear height for the public plaza space, and the current number of parking levels, which provides approximately 470 spaces, it is necessary to waive certain development regulations, pertaining to the maximum allowable building height in this District, which has been determined to be 50 feet. Pursuant to Section 142-425( d)( e) of the City's Zoning Ordinance, the Mayor and City Commission may waive development regulations following a noticed public hearing advertised in the newspaper at least fifteen (15) days prior to the hearing. CONCLUSION The Administration recommends that the City Commission schedule a Public Hearing to consider the waiver of Development Regulations pursuant to Section 142-425(0) of the City's Zoning Ordinance, for the Collins Park Garage Project, located within the Museum Historic District and Collins Park Neighborhood; said waiver regarding the maximum building height. Attachments: 1. Site Plan 2. Rendering 3. Staff Report-HPB File No 7329 T:\AGENDA\2012\12-12-12\Collins Park Garage-Waiver of Development Regulations\Collins Park Garage-Waiver of Development Regulations -l'v1erno.doc 170 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER GRANTING A WAIVER OF CERTAIN DEVELOPMENT REGULATIONS, PURSUANT TO SECTION 142-425(D) OF THE CITY'S ZONING ORDINANCE, FOR THE COLLINS PARK GARAGE PROJECT, LOCATED WITHIN THE MUSEUM HISTORIC DISTRICT AND COLLINS PARK NEIGHBORHOOD; SAID WAIVER REGARDING THE MAXIMUM BUILDING HEIGHT. WHEREAS, on May 11, 2011, the Mayor and City Commission approved the issuance of Request for Qualifications No. 31-10/11 (the RFQ) for the Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage Project (the Project); and WHEREAS, the RFQ was issued on June 17, 2011, and on September 14, 2011, the City Commission approved Resolution No. 2011-27735 authorizing the City Manager to negotiate with the top ranked firm of Zaha Hadid Limited t/a Zaha Hadid Architects; and WHEREAS, on March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited t/a Zaha Hadid Architects and Berenblum Busch Architecture, Inc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid And Award, And Construction Administration Services; and WHEREAS, the Agreement was executed on May 3rd, 2012, and on May 24, 2012, the Notice to Proceed for the Planning Phase was issued; and WHEREAS, the proposed design has been presented to the community and was approved by the Historic Preservation Board (HPB) on November 21, 2012; and WHEREAS, the Basis of Design Report (BOOR) is currently being finalized, and will be presented to the Commission for approval in January 2013; and WHEREAS, the proposed parking garage will be constructed on the two properties currently occupied by surface parking lots located on 23rd Street, behind the Miami Beach Regional Library and the Miami City Ballet building, bridging over Liberty Avenue; and WHEREAS, the ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft. of retail space, while the upper five (5) levels of the parking garage will accommodate approximately 470 parking spaces; and WHEREAS, the main vertical circulation core for the parking structure will be located on the property behind the Miami Beach Regional Library, in a landscaped urban plaza; and WHEREAS, the plaza will not only serve as the "grand lobby" for the parking structure, but it will also serve as a successful pedestrian node and meeting place for the Collins Park neighborhood; and WHEREAS, the location of this entrance plaza and vertical circulation core has been carefully studied by the architects so that it will conveniently service 23rd Street, Liberty Avenue, the Regional Library, the public beach, Collins Park, the Bass Museum, and the City Miami Ballet; and WHEREAS, the height of the first parking level that bridges over Liberty Avenue to create the urban plaza space (level 4), has been carefully studied in context with the Miami Beach Library north fac;:ade; and WHEREAS, the fac;:ade has a series of windows and two verandas facing the plaza, which dictates the minimum clear height of 30 feet required for this public space; and 171 WHEREAS, the upper parking deck levels (5 and 6) have been designed with the typical 10 feet slab-to-slab height, allowing sufficient clearance for vans and mechanical services; and WHEREAS, the top of the roof deck (level 6) is set at approximately 56 feet, exceeding the maximum height of 50 feet permitted within a local historic district; and WHEREAS, in order to maintain the optimal clear height for the public plaza space, and the current number of parking levels, which provides approximately 470 spaces, it is necessary to waive certain development regulations, pertaining to the maximum allowable building height in this District, which has been determined to be 50 feet; and WHEREAS, Pursuant to Section 142-425(d)(e) of the City's Zoning Ordinance, the Mayor and City Commission may waive development regulations following a noticed public hearing advertised in the newspaper at least fifteen (15) days prior to the hearing. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby set a public hearing to consider granting a waiver of certain development regulations, pursuant to Section 142-425(e) of the City's Zoning Ordinance, for the Collins Park Garage Project, locate within the Museum Historic District and Collins Park Neighborhood; said waiver regarding the maximum building height. PASSED AND ADOPTED this 12th day of December, 2012. ATTEST: Rafael Granado, City Clerk II-3<t1-J Date Matti Herrera Bower, Mayor T:\AGENDA\2012\12-12-12\Collins Park Garage-Waiver of Development Regulations\Collins Park Garage-Waiver of Development Regulations -Reso.doc 172 LEFT 173 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving The Recommendation Of The Neighborhood And Community Affairs Committee To Enhance The Capital Project Entitled Normandy Shores Golf Course Aluminum Picket Security Fence. Key Intended Outcome Supported: Maintain Crime Rates at or Below National Trends Maintain Miami Beach Public areas and Rights of Way Citywide Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: Fencing along around the Normandy Shores Golf Course has been discussed for numerous years. Economic Research Associates (ERA) was hired by the City to provide an analysis of the City's public golf course system and development alternatives and market and financial potential. ERA completed their report in 1999. The report recommended installation of a barrier/fence around the Bayshore Golf Course (Miami Beach Golf Club) to limit trespassing, which would prevent residents from using the golf course for other purposes. Although this recommendation was focused only for Bayshore (Miami Beach Golf Club) golf course, the same principles apply to Normandy Shores. In March 2011 City Staff attended a Normandy Shores Homeowners Association (NSHOA) Board meeting to discuss a recent rash of burglaries, island security, Police presence other general security concerns. There was consensus to increase police visibility on the island. Concern was also expressed about trespassing from the golf course through the South Shore Drive. The NSHOA requested a fence along the South Shore Drive side of the golf course behind the multi- family properties adjacent to golf holes 11 & 12. A capital budget project request was submitted for the FY 11/12 budget. A $75,000 project Entitled Normandy Shores Golf Course Aluminum Picket Security Fence was approved by the City Commission in September 2011. Subsequently, a request was made to reallocate a portion of the security fence funding for security cameras at the gates and gate arms. In mid July 2012, Public Works was on-site of the intended fence installation and marked the property lines which initiated questions/concerns from the residents along South Shore Drive. Aside from the location of the proposed, the residents expressed dissatisfaction that the City had not contacted them to discuss the project. Based on the concerns that were raised there have been numerous meetings and discussions with both associations. The City also coordinated a community meeting at the Normandy Shores Golf Course on October 3, 2012 in an effort to reach consensus. The Administration continued to work with representatives of the community in an effort to reach a compromise and the results were presented to the Neighborhood and Community Affairs committee on November 19, 2012. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. Adviso Board Recommendation: The Neighborhood and Community Affairs Committee (NCAC) considered this matter at their November 19, 2012 meetin and recommended in favor of the com remise reached. Financial Information: Source of Amount Account Funds: 1 I 1 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Max Sklar, Ext. 6116 Si n-Offs: Department Director T:\AGENDA\2012\12-12-12\Normandy Shores Golf Course Fence SUMM.docx MIAMI BEACH AGENDA ITEM C.7D 174 DATE /J-JJ-Id= MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager/~......,__ DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING THE RECOMMENDATION OF THE NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE TO ENHANCE THE CAPITAL PROJECT ENTITLED NORMANDY SHORES GOLF COURSE ALUMINUM PICKET SECURITY FENCE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Maintain Crime Rates at or Below National Trends Maintain Miami Beach Public areas and Rights of Way Citywide BACKGROUND Fencing along around the Normandy Shores Golf Course has been discussed for numerous years. Economic Research Associates (ERA) was hired by the City to provide an analysis of the City's public golf course system and development alternatives and market and financial potential. ERA completed their report in 1999. The report recommended installation of a barrier/fence around the Bayshore Golf Course (Miami Beach Golf Club) to limit trespassing, which would prevent residents from using the golf course for other purposes. Although this recommendation was focused only for Bayshore (Miami Beach Golf Club) golf course, the same principles apply to Normandy Shores. At the time Normandy Shores Golf Course and Miami Beach Golf Club were designed, the City elected not to install a barrier/fence at either course. CRIME INFORMATION (Crime data iffor 2010. 2011. and 2012) The City's Police Department has complied crime data for the Normandy Shores, Normandy SUD and North Shore/South Shore neighborhoods in order to analyze patterns and determine the needs for additional crime prevention techniques. The following is a summary of those findings: • Normandy Shores HOA had seventy-seven (77) total incidents (residential & automobile burglaries) over this three (3) year time period. That equals to approximately twenty-five (25) incidents per year. NOTE: In 2012, twenty-two (22) incidents were from June to August. 175 City Commission Meeting December 12, 2012 Normandy Shores Golf Course Fence Discussion Page 2 of 6 • Normandy SUD HOA had forty (40) total incidents (residential & automobile burglaries) over this three (3) year time period. That equals to approximately thirteen (13) incidents per year. • North Shore/South Shore HOA had sixteen (16) total incidents (apartment & automobile burglaries) over this three (3) year time period. That equal to approximately five (5) incidents per year. NEIGHBORHOOD SPECIFIC RESPONSE Normandy Shores HOA As a result of the high number of incidents in such a short period of time (22 incidents from June to August, 2012), the Police Department implemented the following measures: • One (1) on-duty resource was permanently assigned to the island on all three (3) shifts, which was in effect until Monday, October 81h, 2012. • In between calls for service, other on-duty sector units were asked to patrol the island while in service. This directive was for all three (3) shifts. • Decoy vehicles were deployed by Neighborhood Resource Officer (NRO) Blanco. • A Homeowner advisory flyer was prepared and distributed reminding residents of crime prevention tips. • All residential burglary victims were contacted by NRO Blanco and offered a security survey. • Security Alliance guard house procedures were revised to ensure better documentation of vehicles entering the island. • The Crime Suppression Team (CST) was assigned to proactively patrol the island. During those times that they were actively working the island, uniform patrol was requested to leave. • An action plan was implemented that involved Criminal Investigation Detectives working with the area CST Detectives in an effort to apprehend the offenders. This plan included overtime resources. • HOA was kept informed of enhanced measures Over the past three (3) years, a pattern has been identified in the Normandy Shores neighborhood where crime incidents appear to increase during the summer months. In response, the following are long term security recommendations proposed by the Police Department for this neighborhood: • Upgrade the current surveillance system to include cameras that capture vehicle information (tags) and can identify driver's at all three gates. (Completed) • Enhance the access control features of the two (2) unmanned gates. The installation of a control arm bar is recommended to limit the vehicles entering to only one (1). Before this was installed, once the gate was open, multiple cars could enter without any access control. (Completed) • The unsecured, 1200 linear foot area along the golf course next to the thirteenth (13th) hole needs to be secured by a Crime Prevention through Environmental Design (CPTED) compliant fence. This has been recommended in the past and was the subject of a confidential security survey conducted in March 2011. • Increase staffing and high visibility in the Normandy Shores neighborhood to coincide with the summer break of future years, as a preventive measure, to discourage any attempts. 176 City Commission Meeting December 12, 2012 Normandy Shores Golf Course Fence Discussion Page 3 of 6 • A lighting analysis of the island determined that some areas need improvement. Work with Public Works to improve those areas with deficiencies. • Promote an increase in neighborhood participation and encourage residents to contact police whenever they see anything or anyone they do not recognize. • Begin a pilot program creating the first National CPTED compliant neighborhood. Experts are being consulted to determine how best to implement this program. Normandy SUD HOA This neighborhood experiences approximately one (1) incident per month. Normandy SUD HOA is very active in their community and reports all suspicious vehicles and persons that come within their boundaries. On many occasions, when asked why they avoid that neighborhood, juveniles have responded "because they always call the police on me". This demonstrates a high amount of awareness on the part of the residents of this community and can be attributed to the low number of incidents. The Police Department has also implemented the following responses for the Normandy SUD area: • In between calls for service, on-duty sector units patrol the island while in service. This directive was for all three (3) shifts. • Decoy vehicles were deployed by NRO Blanco. • A Homeowner advisory flyer was prepared and distributed reminding residents of crime prevention tips. • All residential burglary victims were contacted by NRO Blanco and offered a security survey. • The Crime Suppression Team (CST) was assigned to proactively patrol the island. • HOA was kept informed of enhanced measures The following are long term security recommendations proposed by the Police Department for this neighborhood: • Continue to encourage the active participation of residents. • Promote/teach CPTED principles to the homeowners in order to "target harden" their homes making them less likely targets for crime. • Continue to research the feasibility of gating the neighborhood to further control access. North Shore/South Shore HOA This neighborhood experiences approximately one (1) incident every two (2) months. The North Shore/South Shore association has been recently formed and is just now beginning to take an active role in their neighborhood. Because of the low number of burglary incidents in this neighborhood, the following responses were implemented whenever a trend could be identified: • On-duty sector units patrol the island while in service. This directive was for all three (3) shifts. • Decoy vehicles were deployed by NRO Blanco. • All residential burglary victims were contacted by NRO Blanco and offered a security survey. • The Crime Suppression Team (CST) was assigned to proactively patrol the island. • Increased communication with the HOA has begun 177 City Commission Meeting December 12, 2012 Normandy Shores Golf Course Fence Discussion Page 4 of 6 The following are long term security recommendations proposed by the Police Department for this neighborhood: • Encourage the newly formed association to become more inclusive of area building owners and increase participation of owners and renters. • Promote/teach CPTED principles to the homeowners in order to "target harden" their buildings making them less likely targets for crime. • Work with Code Compliance Department to address buildings within their boundaries that have violations and require improvement. • Continue to research the feasibility of gating the neighborhood to further control access. • Work with Public Works to install pedestrian level lighting to improve the lighting quality of the neighborhood. Total Incident Comparisons 30 25 20 15 10 5 0 2010 2011 2012 Total Average II Normandy Shores J D Normandy SUD • North/South Shores As evidenced by the above graph, a higher number of incidents appear to occur in the Normandy Shores neighborhood than in the Normandy SUD or North Shore/South Shore neighborhoods. In addition, the incidents inside the Normandy Shores neighborhood are condensed during the summer months. In attempting to deal with these incidents, our response incorporates proactive, reactive and crime prevention techniques. NORMANDY SHORES GOLF COURSE ALUMINUM PICKET SECURITY FENCE In March 2011 City Staff attended a Normandy Shores Homeowners Association (NSHOA) Board meeting to discuss a recent rash of burglaries, island security, Police presence other general security concerns. There was consensus to increase police visibility on the island. Concern was also expressed about trespassing from the golf course through the South Shore Drive. The NSHOA requested a fence along the South Shore Drive side of the golf course behind the multi- family properties adjacent to golf holes 11 & 12. A request was also made for "No Trespassing" signs 178 City Commission Meeting December 12, 2012 Normandy Shores Golf Course Fence Discussion Page 5 of 6 to be installed around the perimeter of the golf course every 100 feet to provide notice to violators that anyone not playing golf or who are on the course after dark is subject to arrest. City staff at the time reminded the members of the NSHOA in attendance at the meeting that residents who jog, dog walkers or mother with a stroller is subject to the same restrictions, enforcement and potentially arrest. The NSHOA passed a motion requesting the aforementioned items. A capital budget project request was submitted for the FY 11/12 budget. A $75,000 project Entitled Normandy Shores Golf Course Aluminum Picket Security Fence was approved by the City Commission in September 2011. Subsequently, a request was made to reallocate a portion of the security fence funding for security cameras at the gates and gate arms. In mid July 2012, Public Works was on-site of the intended fence installation and marked the property lines which initiated questions/concerns from the residents along South Shore Drive. At the time, the fence markings were placed along the property line, which are only a few feet from the buildings. Aside from the location of the proposed, the residents expressed dissatisfaction that the City had not contacted them to discuss the project. Based on the concerns that were raised there have been numerous meetings and discussions with both associations. The City also coordinated a community meeting at the Normandy Shores Golf Course on October 3, 2012 in an effort to reach consensus. More than 250 people attended the meeting, along with Commissioner Libbin and members of the City Manager's Office, Police Department, Parks and Recreation Department and City Attorney's Office. Unfortunately, consensus was not reached. The Administration continued to work with representatives of the community in an effort to reach a compromise. As a result, the following approach appears to have support from both the NSHOA and the North Shore I South Shore HOA although subject to additional review as defined below: • Barrier placed to separate golf course from multi-family homes. o Fence/hedge combination placed away from the homes along the natural boundary of the golf course's field of play. Final location to be determined based on a survey of the area. o The Fence design will match the 6 foot black aluminum picket fence being installed at Fairway Park. o The City's Public Works Department is currently finishing the survey, which will be reviewed by all interested parties and various City departments to finalize the location. o The Administration also recommends a delineator at the property line behind the multi- family homes, which could take the form of a low 1-2 ft hedge. The type of delineator has not yet been agreed to. The South Shore Drive residents have requested signage instead of a hedge. • Barrier to be placed to secure the north side of the golf course. o The Administration does also recommend the installation of a hedge, similar to what exists at the Miami Beach Golf Course, along any area around the Normandy Golf Course that currently does not have a barrier. This includes Fairway Drive. Funding for this has not yet been appropriated, but the City recommends requesting as part of the FY 2013/14 Capital Budget if directed by the City Commission. • Replacement of chain link fence around Fairway Park with a 6' black aluminum picket fence. o As was previously stated, funding for this project was already approved in the prior year budget and the City has been finalizing design and pricing with the fence company. There will be two (2) pedestrian gates; one at the SW corner of the park on South Shore Drive 179 City Commission Meeting December 12, 2012 Normandy Shores Golf Course Fence Discussion Page 6 of 6 (near 75 South Shore Drive) and one near the SE corner where North Shore Drive and South Shore Drive meet. Parks and Recreation will be hosting a community meeting in the very near future to show the community the design and proposed gate locations. o Residents of the South Shore I North Shore HOA have requested a monument sign for Fairway Park. This would need to be funded in the future as part of the Capital Budget. • Better lighting for the neighborhood and golf course. o As you know, this is already underway for the neighborhood. The Administration will determine if additional lighting is needed and a budget request would need to be submitted during the FY 2013/14 budget cycle. • Pursue placement of guard gate at North Shore Dr. Bridge. o This item requires much more research and assistance from the City Attorney. If the City Commission agrees this is something that should be pursued, the Administration will work with the residents and City staff to determine if this can be accomplished and a timeframe for same. Additionally, residents I property owners on S. shore agreed to gate their properties to restrict public access through their properties onto the golf course. Neighborhood and Community Affairs Committee The Neighborhood and Community Affairs Committee (NCAC) considered this matter at their November 19, 2012 meeting. The Committee (Commissioners Tobin and Libbin present) unanimously moved to proceed with placement of a six (6) foot aluminum fence/hedge combination placed away from the homes along the natural boundary of the golf course's field of play. Final location to be determined based on a survey of the area. Another delineator (TBD) at the property line as agreed upon by the Administration and the South Shore Drive residents was recommended The Committee also recommended in support of a low hedge around the other unsecured areas of the golf course and recommend the City consider funding during the next budget cycle when working on capital appropriation. Finally, the Committee also recommended the administration and City Attorney's Office research the placement of guard gate at North Shore Drive Bridge and have a community meeting with residents. CONCLUSION The Administration supports the recommendation of the NCAC and recommends the Mayor and City Commission adopts the resolution. KGB/MAS T:\AGENDA\2012\12-12-12\Normandy Shores Golf Course Fence Memo.doc.docx 180 181 COMMISSION ITEM SUMMARY Condensed Title: A Resolution that the Mayor and City Commission hereby authorize the City Manager to execute a one month extension, from December 31, 2012 to January 31, 2013, to the agreement for a voluntary employee loan program through the BMG Money loans-At-Work Program to make available loans to interested active employees of the City of Miami Beach, further referring renewal of the agreement versus issuance of a new RFP, to the Finance and Citywide Projects Committee for their recommendation of the aforstated matter. Key Intended Outcome Supported: Attract and maintain a quality workforce. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The BMG Money Loans-At-Work program provides a voluntary payroll deduction loan program to employees through a non-traditional, unsecured loan to cover unexpected financial emergencies, with repayment provided through payroll deduction. This program is currently provided to employees on a one- year trial basis that will end on December 31, 2012. The program has proved to be an option for employees who have no credit and are unable to secure emergency funds through traditional financial outlets. The City does not bear any responsibility or liability through this program. During the one-year trial period, one hundred twenty four (124) City employees have utilized the BMG loan service. BMG has issued two hundred two (202) loans totaling $469,909. Of this total loan number, one hundred sixty (160) were new loans and forty-two (42) were loans that employees have refinanced, requesting an increase in the amount of their initial loan request. Of those loans refinanced, thirty two (32) requested an increase in the amount of their initial loan and ten (1 0) requested an increase in the repayment period, in order to spread their repayment out over a longer period. One (1) loan has been paid off to date. Based on the current employee utilization, the Administration recommends the BMG Loans-At-Work program be extended for one month, from December 31, 2012 to January 31, 2013. However, the Administration further recommends that the item be referred to the Finance and Citywide Projects Committee for their recommendation to either continue the current program or to issue a Request for Proposal, exploring what loan options may be available at lower interest rates. Board Recommendation: Financial Information: Source of Amount Account Funds: 1 N/A D 2 3 OBPI Total Financial Impact Summary: There is no financial impact to the City. Clerk's Office Le islative Trackin : Sue Radig, HR Administrator I, Employee Benefits Si n-Offs: Department Director Assistant City Manager anager Rafael E. Granado, C IBE CH 182 C?E-AGENnA llEM __,_~L--'-~- DATE /21}.,-/Z, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miamibeachfl.gov COMMISION MEMORAMDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie Brooks, Interim City Manager DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE MONTH EXTENSION, FROM DECEMBER 31, 2012 TO JANUARY 31, 2013, TO THE AGREEMENT FOR A VOLUNTARY EMPLOYEE LOAN PROGRAM THROUGH THE BMG MONEY LOANS-AT-WORK PROGRAM TO MAKE AVAILABLE LOANS TO INTERESTED ACTIVE EMPLOYEES OF THE CITY OF MIAMI BEACH, FURTHER REFERRING RENEWAL OF THE AGREEMENT VERSUS ISSUANCE OF A NEW RFP, TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR THEIR RECOMMENDATION OF THE AFORSTATED MATTER. BACKGROUND This item was originally referred to and discussed at the June 23, 2011 Finance and Citywide Projects Committee (FCWPC) meeting. At that time, the FCWPC opted not to move forward with offering this payroll deduction loan program to City employees. Subsequently, the FCWPC Chair asked that this item be placed on the October 27, 2011 FCWPC agenda for further discussion. BMG Money offers all active full-time employees voluntary employee emergency loans through a program called Loans-At-Work. This program provides employees the opportunity to obtain the credit they may need to cover unexpected or emergency expenses. The BMG Money Loans-At-Work program provides employees who have little or no credit the ability to receive small, unsecured loans for emergencies, such as medical bills, home and vehicle repair, or any other emergency. These loans are based on the employee's take home pay and their ability to repay. If the employee meets the loan qualifications, the funds are distributed directly to the employee and the employer is notified of the new loan and the need to begin payroll deductions for repayment of the loan. Should BMG Money Loans-At- Work deny the loan, the employee is provided credit counseling to determine their actual loan needs, if any, and to educate them on the proper use of credit. Should the employee default on the loan as they had either cancelled their payroll contribution or left the employment of the City, BMG Money would be responsible to collect any outstanding loan balance directly from the employee. The City would not have any responsibility at all in collecting any delinquent loan balances or held liable in any way. The City has one option for City employees who may need an emergency loan that can then be paid off through payroll deductions. This option however is only available for those employees who have a voluntary deferred compensation account through either ICMA-RC or Nationwide (the City's vendors who provide voluntary supplemental retirement accounts to 183 BMG Money Loans-at-Work Program December 12, 2012 Page 2 of 3 our employees). In addition, City employees who are members of the Dade County Federal Credit Union are able to apply for loans that are then paid off through payroll deductions (although these loans tend not to be emergency loans but, rather, auto loans, home equity loans, mortgages, etc.). The Loans-At-Work program is a direct-to-consumer loan, designed for employees who do not have access to traditional credit options, such as banks, credit unions, credit cards, deferred compensation and/or retirement accounts. These loans are unsecured and based on the following: ( 1) employee's employment; (2) employee's bi-weekly net take-home pay; and (3) the ability for the employee to repay the loan. Although the program does not verify the employee's credit, it does however provide the opportunity to build good credit, as the loans are reported to the credit reporting agencies when paid off. If the employee separates from City employment, that employee is fully responsible for the full repayment of the loan with the City bearing no responsibility or liability at all for the repayment or collection of the outstanding loan. During the October 27, 2011 FCWPC meeting, the members questioned if the City provided the program to its employees, was there an option to negotiate the rates to something lower than the 23.75% to 29.75% rate currently charged. BMG Money indicated that the rates charged were already lower than those charged for short-term loans by other providers, and they would not be able to provide the service at a lower rate. The Administration did verify that this type of loan program is not available in the commercial loan market or through payday loan locations. Through the BMG Money Loans-At-Work program, an employee: • May borrow up to 20% of their net take-home pay (minimum of $500 to a maximum of $5,000) with interest computed daily and based on the amount of the loan (interest ranges from 23.75% to 29.75%); • Loans are based solely on the employee's take home pay and ability to repay and are not subject to a credit worthiness; • Pays a $25 loan application fee (per loan); • Selects their repayment period, at either 6, 12, 18 or 24 months; and • Can pre-pay the outstanding loan amount at any time without penalty. The only responsibility of the City is for the Human Resources Department to provide BMG a data file of active City employees, including the name, address and salary of the employees; create the appropriate payroll deduction code in EDEN (the City's payroll system) for any approved loans; and collect and wire the bi-weekly payroll loan payments to BMG Money. At present, the City incurs the current SunTrust Bank wire fee of $5 for each wire sent. BMG Money has agreed to pay the cost of the wire transfer. The BMG Loans-At-Work program is currently offered to the following public employers: • City of Doral • City of Hialeah • City of Hialeah Gardens • Jacksonville Transportation Authority • Leon County Schools • Palm Beach County Clerk & Comptroller • Palm Beach County Tax Collector • Town of Surfside 184 BMG Money Loans-at-Work Program December 12, 2012 Page 3 of 3 • City of Sweetwater For the period beginning January 1, 2012 and ending November 30 2012, the City's trial period for the BMG Loans-At-Work program, one hundred twenty four (124) City employees utilized the emergency loan services. BMG has issued two hundred two (202) loans totaling $469,909. Of this total loan number, one hundred sixty (160) were new loans and forty-two (42) were loans that employees have refinanced, requesting an increase in the amount of their initial loan request. For new loans, five (5) loans were financed for a period of six (6) months, three (3) were financed for a period of twelve ( 12) months, ten ( 1 0) were financed for a period of eighteen (18) months, and one hundred six (1 06) were financed for twenty- four (24) months. Of the forty-two ( 42) refinanced loans, thirty-two (32) were for increases in the loan amount and ten (1 0) were to increase the repayment period in order to spread the repayment out over a longer period. One (1) loan has been paid off to date. CONCLUSION The BMG Money Loans-At-Work program provides a voluntary payroll deduction loan program to employees through a non-traditional, unsecured loan to cover unexpected financial emergencies, with repayment provided through payroll deduction. This program has proved to be an option for employees who have no credit and are unable to secure emergency funds through traditional financial outlets. The City does not bear any responsibility or liability through this program. Based on the current employee utilization, the Administration recommends the BMG Loans-At-Work program be extended for one month, from December 31, 2012 to January 31, 2013. However, the Administration further recommends that the item be referred to the Finance and Citywide Projects Committee for their recommendation either to continue the current program or to issue a Request for Proposal, exploring what loan options may be available at lower interest rates. KGB/ reg T:\AGENDA\2012\12-12-12\BMG Commission Memo 12-11-2012.doc 185 RESOLUTION NO. _________ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE MONTH EXTENSION, FROM DECEMBER 31, 2012 TO JANUARY 31, 2013, TO THE AGREEMENT FOR A VOLUNTARY EMPLOYEE LOAN PROGRAM THROUGH THE BMG MONEY LOANS-AT- WORK PROGRAM TO MAKE AVAILABLE LOANS TO INTERESTED ACTIVE EMPLOYEES OF THE CITY OF MIAMI BEACH, FURTHER REFERRING RENEWAL OF THE AGREEMENT VERSUS ISSUANCE OF A NEW RFP, TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR THEIR RECOMMENDATION OF THE AFORSTATED MATTER. WHEREAS, BMG Money offers all active full-time employees an emergency loan options through a program called Loans-At-Work; WHEREAS, the BMG Money Loans-At-Work program provides a voluntary payroll deduction loan program to employees through a non-traditional, unsecured loan to cover unexpected financial emergencies, with repayment provided through payroll deduction; and WHEREAS, this program has proved to be an option for employees who have no credit and are unable to secure emergency funds through traditional financial outlets; and WHEREAS, the City does not bear any responsibility or liability this program. WHEREAS, based on the current employee utilization, the Administration believes the BMG Loans-At-Work program should be extended for one month, from December 31, 2012 to January 31, 2013. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA that the Mayor and City Commission hereby authorize the City Manager to execute a one month extension, from December 31, 2012 to January 31, 2013, to the agreement for a voluntary employee loan program through the BMG Money Loans-At-Work Program to make available loans to interested active employees of the City of Miami Beach, further referring renewal of the agreement versus issuance of a new RFP, to the Finance and Citywide Projects Committee for their recommendation of the aforstated matter PASSED and ADOPTED this 121h day of December 2012. ATTESTED BY: Rafael E. Granado, CITY CLERK 186 Mattie Herrera Bower, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION :1: ~ () .1~" -•-I"' ~~L~f" ( ~..-? • City Attorn Date ,3" THIS PAGE INTENTIONALLY LEFT BLANK 187 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE DONATION OF FY1 011 and FY1112 SURPLUS COMPUTER EQUIPMENT IN "AS IS" CONDITION TO THE MIAMI-DADE BROADBAND COALITION Key Intended Outcome ... rted: Enhance Learning Opportunity for Youth Supporting Data (Surveys, Environmental Scan, etc.): Miami Dade Broadband Coalition has fiwarded 1800 computers over the past three years. Item Summary/Recommendation: The Administration is recommending that the City Commission approve the donation of FY1011 and FY1112 surplus computer equipment pursuant to code Section 2-315(e). , regarding donations of surplus stock to the Miami Dade Broadband Coalition, a not for profit organization. Each City department determines the usefulness of their items and is responsible for their surplus assets. The City surplus stock assets (i.e. items that have outlived their useful life; or are no long needed by any City department; or are no long cost effective to maintain; or that have become obsolete) are sold via public auctions to the highest bidder in an "as is' condition. In the past, the surplus computer equipment has been sold at auction in large volumes of pallets that include about 1 ,200 technology hardware items with nominal dollars obtained from bidders; June 2005 $3,750; July 2007 $2,300 and June 2008$4,350. It is important to note that surplus computers have very little value since IT technicians remove the physical hardrive and then render the drive inoperable by using a media demagnetizer which removes the operating system and any data residing on it completely inaccessible an inoperable. Once the disk drive media has been rendered inoperable and useless, it is sent to the Miami Beach Convention Center to a separate locked room designated for computer equipment storage until an auctioned is scheduled. All documentation for surplus computers that have been slated for disposal is submitted to Procurement at the time it is placed in storage. The Miami-Dade Broadband Coalition is a non-profit organization collaborating with successful community programs/organizations to address the digital divide and promote the adoption and spread of affordable technology. The donated equipment is restored using college interns and distributed throughout the community in schools, parks and senior/adult centers. What makes the Coalition unique are the participating members who are anchor institutions such as the City of Miami Beach throughout Miami-Dade County working together toward common goals; The elimination of the "digital divide" and the education of our community on the use of the tools of technoloQv. Advisory Board Recommendation: financial Information: Source of Amount Funds: 1 2 3 OBPI Total financial Impact Summary: Clerk's Office Le islative Trackin MIAMI BEACH 188 Account AGENDA ITEM c 7 F DATE P-Jd..~/2. City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Co mission FROM: Kathie G. Brooks, Interim City Manager ~~;? .. ~,.-- DATE: November 6 , 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE DONATION OF FY1011 and FY1112 SURPLUS COMPUTER EQUIPMENT IN "AS IS" CONDITION TO THE MIAMI-DADE BROADBAND COALITION ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Enhance Learning Opportunity for Youth ANALYSIS The Administration is recommending that the City Commission approve the donation of FY1 011 and FY1112 surplus computer equipment pursuant to code Section 2-315(e ). , regarding donations of surplus stock to the Miami Dade Broadband Coalition, a not for profit organization. Each City department determines the usefulness of their items and is responsible for their surplus assets. The City surplus stock assets (i.e. items that have outlived their useful life; or are no long needed by any City department; or are no long cost effective to maintain; or that have become obsolete) are sold via public auctions to the highest bidder in an "as is' condition. In the past, the surplus computer equipment has been sold at auction in large volume of 7 to 10 pallets that include about 1 ,200 technology hardware items with nominal dollars obtained from bidders; June 2005 $3,750; July 2007 $2,300 and June 2008 $4,350. It is important to note that surplus computers have very little value since IT technicians remove the physical hardrive and then render the drive inoperable by using a media demagnetizer which removes the operating system and any data residing on it completely inaccessible. Once the disk drive media has been rendered inoperable and useless, it is sent to the Miami Beach Convention Center to a separate locked room designated for computer equipment storage until an auctioned is scheduled. All documentation for surplus computers that have been slated for disposal is submitted to Procurement at the time it is placed in storage. 189 The Miami-Dade Broadband Coalition is a non-profit organization collaborating with successful community programs/organizations to address the digital divide and promote the adoption and spread of affordable technology. The donated equipment is restored using college interns and distributed throughout the community in schools, parks and senior/adult centers. What makes the Coalition unique are the participating members who are anchor institutions such as the City of Miami Beach throughout Miami-Dade County working together toward common goals; The elimination of the "digital divide" and the education of our community on the use of the tools of technology. Some of their initiatives include: • Miami-Dade County Public Schools Rites of Passage and The Miami-Dade Broadband Coalition is currently providing funding to assist with the implementation of the final year of the Rites of Passage Program. The Rites of Passage program has awarded 625 computers to 6th grade students in Title 1 schools and 1800 computers have been awarded over the past three years • In partnership with the Collins Center for Public Policy they are working to make available an inventory of digital empowerment programs throughout Miami-Dade County. Once completed, the citizens of Miami-Dade County will have one central repository where they can find a digital empowerment program in their neighborhood. The Administration is requesting authorization to donate to the Miami Dade Broadband Coalition, FY1 011 and FY1112 surplus computer equipment in "as is" condition. The City makes no representation as to the condition of the computer equipment, no warranties, expressed or implied, and assumes no responsibility. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, adopt the Resolution to authorize the donation of FY1 011 and FY1112 surplus computer equipment to the Miami Dade Broadband Coalition. F:\COMP\$adm\MDBC\MDBC Surplus Computer equip.doc 190 RESOLUTION TO BE SUBMITTED 191 COMMISSION ITEM SUMMARY Condensed Title: A Resolution amending the permit terms issued to the Miami Beach Senior School Parent Teacher Association (MBSH-PTA), a not for profit entity, to utilize the public swale area located at Dade Boulevard, adjacent to the school, to provide additional parking from February 15-18, 2013, for the Miami International Boat Show, through a fund raising event; approving an increase in the parking user fee from $20.00 to $30.00,per vehicle. Key Intended Outcome Supported: Increase community satisfaction with City Services. Supporting Data (Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. Availability of parking was one of the changes residents identified to make Miami Beach a better to live, work or plav. Issue: Shall the Mayor and City Commission approve an increase in the parking user fee from $20.00 to $30.00, per vehicle? Item Summary/Recommendation: The Miami International Boat Show, like certain other Special/Major Events, increases the demand for parking in the City. The use of this swale area for parking for this event alleviates the increased parking demand and creates less of an inconvenience for those citizens who live in the area. The MBSH-PTSA has requested permission (see attached-Exhibit 1) to increase the parking user fee from $20.00 to $30.00, per vehicle at the Dade Boulevard (City) swale adjacent to the school for parking of vehicles of persons who will be attending the 2013 Miami International Boat Show, held at the Miami Beach Convention Center from February 15-18, 2013. The MBHS-PTA already charges $30.00 per vehicle at the high school parking lot and is seeking approval to increase the parking user fee at the Dade Boulevard (City) swale from $20.00 to $30.00, per vehicle. The MBHS-PTSA cites the following reasons supporting their request: (1) MBSH campus parking is substantially reduced by virtue of the renovated football field; (2) Use of the swale is all the more critical to meeting parking demand, particularly that of vendors. To better fill this need, with your approval, MBHS-PTSA seeks to designate swale parking as "VENDOR PARKING."; and (3) Last year, swale parking remained $20 per space. MBHS-PTSA applied a holiday weekend rate to campus parking in anticipation of revenue lost in part to the exempt field and the beleaguered U.S. economy, two conditions we also face in 2013. The swale-campus pricing disparity for preferred spaces confused vendors and volunteers, and slowed operations. Therefore, MBHS-PTSA requests the flexibility to apply up to a $30 daily flat rate for swale parking. If approved, this flexibility would allow the PTSA to operate a fair and efficient fund-raiser effort while still doing our best to achieve optimal results in proud service to our "A" school students, faculty, and staff. It is important to note that the NMMA (National Marine Manufacturers Association) Boat Show event promoters have reviewed the MBSH-PTSA request to increase the user fee from $20.00 to $30.00, per vehicle, and have no objection to the request and have provided written approval to this effect (see attached -Exhibit 2). Administration Recommendation: Adopt the Resolution. The Transportation and Parking Committee (TPC) endorsed the requested increase of the flat rate parking fee from $20.00 to $30.00, at their re ularl scheduled meetin , held on Monda , December 3, 2012. Financial Information· Source of Amount Funds: 1 2 1 I 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Saul Frances, extension 6483 rtment Director Assistant City Manager POW MIAMI BEACH 192 Account City KGB AGENDA ITEM DATE C7(J- /,t-lr2-12 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti H. Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager I jr;4. )__ December 12, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE PERMIT TERMS ISSUED TO THE MIAMI BEACH SENIOR HIGH SCHOOL PARENT TEACHER ASSOCIATION (MBSH-PTA), A NOT-FOR-PROFIT ENTITY, TO UTILIZE THE PUBLIC SWALE AREA LOCATED AT DADE BOULEVARD, ADJACENT TO THE SCHOOL, TO PROVIDE ADDITIONAL PARKING FROM FEBRUARY 15-18,2013, FOR THE MIAMI INTERNATIONAL BOAT SHOW, THROUGH A FUNDRAISING EVENT; FURTHER PROVIDING FOR AN INCREASE IN THE PARKING USER FEE FROM $20.00 TO $30.00 PER VEHICLE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS As part of a fundraising effort, the Miami Beach Senior High School Parent Teachers Association (MBSH-PTSA) operates the Miami Beach Senior High School parking lot and the Dade Boulevard (City) swale adjacent to the school for parking of vehicles of persons who will be attending the Miami International Boat Show, held at the Miami Beach Convention Center during Presidents Day Weekend each February. The Miami International Boat Show, like certain other Special/Major Events, increases the demand for parking in the City. The use of this swale area for parking for this event alleviates the increased parking demand and creates less of an inconvenience for those citizens who live in the area. As you know, this is an annual request from MBSH-PTSA to the City Manager, pursuant to the action approved by the Mayor and Commission via Resolution No. 2008-26738, which delegated the authority to the City Manager to administratively allow this use in the future under the same terms and conditions, The MBSH-PTSA has requested permission (see attached -Exhibit 1) to increase the parking user fee from $20.00 to $30.00 per vehicle at the Dade Boulevard (City) swale adjacent to the school for parking of vehicles of persons who will be attending the 2013 Miami International Boat Show, held at the Miami Beach Convention Center from February 15-18, 2013. The MBHS-PTA already charges $30.00 per vehicle at the high school parking lot and is seeking approval to increase the parking user fee at the Dade Boulevard (City) swale from $20.00 to $30.00 per vehicle. The MBHS-PTSA cites the following reasons supporting their request: 193 • MBSH campus parking is substantially reduced by virtue of the renovated football field. • Use of the swale is all the more critical to meeting parking demand, particularly that of vendors. To better fill this need, with your approval, MBHS-PTSA seeks to designate swale parking as "VENDOR PARKING." • Last year, swale parking remained $20 per space. MBHS-PTSA applied a holiday weekend rate to campus parking in anticipation of revenue lost in part to the exempt field and the beleaguered U.S. economy, two conditions we also face in 2013. The swale-campus pricing disparity for preferred spaces confused vendors and volunteers, and slowed operations. Therefore, MBHS-PTSA requests the flexibility to apply up to a $30 daily flat rate for swale parking. If approved, this flexibility would allow the PTSA to operate a fair and efficient fund-raiser effort while still doing our best to achieve optimal results in proud service to our "A" school students, faculty, and staff. It is important to note that the NMMA (National Marine Manufacturers Association) Boat Show event promoters have reviewed the MBSH-PTSA request to increase the user fee from $20.00 to $30.00, per vehicle, and have no objection to the request and have provided written approval to this effect (see attached -Exhibit 2). For informational purposes and consistent with previous years, the MBHS-PTSA will agree to the following conditions: 1. That all profits generated by this fund raising event go exclusively to the MBSH-PTSA for the benefit of Miami Beach Senior High School; 2. That the subject permission is granted without establishing a precedent so as to satisfy the unique situation created by a severe parking shortage in the City during the Boat Show; 3. That MBSH-PTSA, at its sole cost and expense, restore the property to the same condition as before its use; 4. That MBSH-PTSA provides the City with proof of insurance, as determined and accepted by the City's Risk Manager, prior to commencing its proposed fund raiser; 5. That MBSH-PTSA hire an off-duty police officer to direct traffic for the ingress and egress on Dade Boulevard; 6. That MBSH-PTSA obtain a General Liability Certificate of Insurance naming the City of Miami Beach as an additional named insured; 7. That MBSH-PTSA must properly install and maintain a secure perimeter for all landscaping; specifically, the flower beds, irrigation timers, and irrigation heads must be "flagged". The preferred method of restriction would be wooden or metal stakes with rope or caution tape, to be provided by MBSH-PTSA. The City will only install the wooden or metal stakes at the locations indicated by MBSH-PTSA; MBSH-PTSA will be responsible for installing the rope or caution tape. Alternative methods may be proposed by MBSH-PTSA; however, it must be approved by the City Manager or his designee; 8. That MBSH-PTSA will charge a fixed flat fee of up to $30.00 $20.00 for the preferred parking spaces for the duration of the Boat Show, primarily targeted for exhibitor use. 194 9. The MBSH-PTSA must assure that vehicles are parked properly within the confines of the swale area. Vehicles (or any portion thereof) obstructing pedestrian access may be cited and/or impounded; and 10. The MBSH-PTSA is not permitted to park vehicles on the swale along Prairie Avenue. It is recommended that the Mayor and City Commission adopt this Resolution and permit the MBSH-PTA to use the specific properties delineated above at the maximum rate of $30 per vehicle, which would ease the parking challenges caused by the Boat Show and allow the MBSH-PTSA to offset any losses to their fund raising efforts for the school due to reduced capacity. KGB/PDWSF T:IAGENDA\2012\December12\\MBSH-PTABoatShow2013.mem.doc 195 Frances, From: Sent: To: Shannon Burns [shanbrns@gmail.com] Monday, November 19, 2012 12:16 PM Frances, Saul HI 1 Cc: Subject: Brooks, Kathie; Hernandez, Leonor; beachhighptsapres@gmail.com; shanbrns@gmail.com Miami Beach Senior High School PTSA Annual Request to Use Dade Blvd Swale MIAMI BEACH SENIOR HIGH SCHOOL PTSA Miami Beach Senior High School November 19,2012 Saul Frances, Director City of Miami Beach Parking Department 1755 Meridian Avenue Suite 100 Miami Beach, FL 33139 Re: Miami Beach Senior High School Dear Mr. Frances, 2231 Prairie A venue Miami Beach, FL 33139 Annual Request to Use Dade Blvd Swale On behalf of the Miami Beach Senior High School Parent Teacher Student Association (PTSA), I would like to thank you, the Parking Department, Police Department, City Commission, Mayor Bower, Leonor Hernandez, and involved with the City who once again helped make our annual parking fund-raiser a great success. Your generous support, and that of Miami International Boat Show 2012 organizers, participants, and attendees, enabled our PTSA to fund many critical resources for our school and community, such as after- school tutoring, Turn-it-In anti-plagiarism software, SAT and FCAT preparation, media center subscription renewals, sports uniforms, and numerous classroom materials and programs. We share our pride this fine outcome with all of you. By this letter, the PTSA respectfully requests your permission to again use the Dade Boulevard swale for fund- raiser self-parking, during Miami International Boat Show 2013. With campus parking substantially reduced by virtue of the renovated football field, use of the swale is all the more critical to meeting parking demand, particularly that of vendors. To better fill this need, with your approval PTSA to designate 2013 swale parking as "VENDOR PARKING." Last year, swale parking remained $20 per space. The PTSA applied a holiday weekend rate to campus parking in anticipation ofrevenue lost in part to the exempt field and the beleaguered U.S. economy, two conditions we also face in 2013. The swale-campus pricing disparity for preferred spaces confused vendors and volunteers, and slowed operations. The PTSA therefore requests the flexibility to apply up to a $30 daily flat rate for swale parking if approved. This flexibility would allow the PTSA to operate a more fair and efficient fund-raiser while still doing our best to achieve optimal results in proud service to our "A" school students, faculty, and staff. We are grateful for this tradition of cooperation with your team, and hope for your continued support. Thank you, and please do not hesitate to contact me if you require further information. 1 196 Best Regards, Shannon Burns, Chair Boat Show Committee Miami Beach Senior High School PTSA 360.606.4946 2 197 Frances Saul From: Sent: To: Cc: Melissa Gaffney [mgaffney@nmma.org] Wednesday, November 21, 2012 10:23 AM Frances, Saul Cathy Rick-Joule EXHIBIT 2 Subject: RE: Miami Beach Senior High School PTSA Annual Request to Use Dade Blvd Swale Yes, we absolutely support this. Thank you! And Happy Thanksgiving© Melissa Gaffney Assistant Show Manager National Marine Manufacturers Association Insurance Miami International Boat Show & Strictly Sail 954.441.3230 Tum your snapshots. into a quick, exciting and personalized video to share with friends and family. Click the logo to download the Discover Boating Movie Maker to your Facebook page From: Frances, Saul [mailto:SauiFrances@miamibeachfl.gov] Sent: Tuesday, November 20, 2012 7:04PM To: Melissa Gaffney Subject: Re: Miami Beach Senior High School PTSA Annual Request to Use Dade Blvd Swale Thanks for the input. The PTA is requesting to go $30 across the board. The valet rate is $20 but its really not the highest service level as the ramp is at the Fillmore. The HS and City swale really are the preferred (most convenient) parking. I had encouraged the PTA to honor the exhibitors, despite the reduced turnover and they concurred. As we know, this solves what has been an issue for us both in the past. For the PTA, the increase would offset the turnover loss as well as the benefit outlined in her email. I will need to get City Commission (CC) approval for the increase at the city swale as we have a letter agreement with them. The CC has historically been very supportive of the PTA and their fund raising efforts. Please let me know if I can convey that NM MA is supportive of the request? Thank you!! Saul Frances, Director City of Miami Beach Parking Department 1755 Meridian Avenue, 1 198 RESOLUTION TO BE SUBMITTED 199 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase Of Taser X-2 Electronic Control Devices (ECD), And All Department-Issued Accessories (Extended Warranties, Battery Packs, Holsters, Cartridges, Etc.), From DGG Taser Inc., The Sole Manufacturer Authorized Distributor In The State Of Florida For Taser Brand Products. Key Intended Outcome Supported: Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.}:N/A Item Summary/Recommendation: The Police Department has been using non-lethal weapons known as electronic control devices (ECDs) manufactured by Taser International, Inc. since 2003. While there are other ECDs on the market, the Taser brand is the standard among law enforcement agencies, including the City's Police Department pursuant to Code section 2-391 (a), primarily because it is the only ECD which contains dual lasers and back-up shot capabilities among other unique safety and functional features. The Police Department has been using the Taser X-26 ECD since 2003. In 2012, the department began to transition to the newTaser X-2 ECD, and is set to begin replacing the X-26 ECD with the new X-2 model during Fiscal year 2012- 2013. Taser International, Inc. requires that all Florida agencies purchasing Taser products do so through DGG Taser, Inc., the sole authorized distributor for the region. The purpose of this request is to authorize the Police Department to continue purchasing Taser brand ECDs and accessories, in accordance with the manufacturer's distribution requirements, as a sole source purchase pursuant to Code Section 2-367(d). In its due diligence process, the Procurement Division publically released an Intent to Award Pursuant to Sole Source Exemption (ITS) requesting that should any firm believe it can meet the requirements of this procurement they should provide written notification to the contracting officer for consideration. No responses to the ITS were received. Both the manufacturer and sole distributor have extended to the City the same pricing available to other law enforcement agencies in the country, including a trade-in program that allows older units to be traded- in for credit of $160 towards the purchase of a new unit. APPROVE THE SOLE SOURCE PURCHASE. Board Recommendation: Financial Information· Source of Amount Account Funds: 1 $33,300 011.1130.000325 Taser Replacement/Renewal ~ 2 $ 8,000 011.1130.000342 Taser Repairs 3 $44,000 607.4719.000672 Multiple Cartridge Tasers Total $85,300 Financial Impact Summary: Current FY expenditures are estimated at the approved budgeted amount of $85,300. Future purchases will be based on approved budgeted amounts. islative Trackin Assistant City Man RM PDW MIAMI BEACH 200 er KGB AGENDA ITEM _C-----=.7-=-H..!....___ DATE /)~/J,../2 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the, C1y ~mission Kathie G. Brooks, Interim City Manager #r ' DATE: December 12, 2012 SUBJECT: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase Of Taser X-2 Electronic Control Devices (ECD), And All Department-Issued Accessories (Extended Warranties, Battery Packs, Holsters, Cartridges, Etc.), From DGG Taser Inc., The Sole Manufacturer Authorized Distributor In The State Of Florida For Taser Brand Products. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME Maintain crime rates at or below national trends. FUNDING Account Codes: 011.1130.000325 -$33,300.00 - 011.1130.000342 - $ 8,000.00 - 607.4719.000672 -$44,000.00 - BACKGROUND Taser replacement/renewal Taser Repairs Multiple Cartridge T asers The Police Department has been using non-lethal weapons known as electronic control devices (ECDs) manufactured by Taser International, Inc. since 2003. While there are other ECDs on the market, the Taser brand is the standard among law enforcement agencies, including the City's Police Department pursuant to Code section 2-391 (a), primarily because it is the only ECD which contains dual lasers and back-up shot capabilities among other unique safety and functional features. The Police Department has been using the Taser X-26 ECD since 2003. In 2012, the department began to transition to the new Taser X-2 ECD, and is set to begin replacing the X-26 ECD with the new X-2 model during Fiscal year 2012-2013. Taser International, Inc. requires that all Florida agencies purchasing Taser products do so through DGG Taser, Inc., the sole authorized distributor for the region. The purpose of this request is to authorize the Police Department to continue purchasing Taser brand ECDs and accessories, in accordance with the manufacturer's distribution requirements, as a sole source purchase pursuant to Code Section 2-367(d). in its due diligence process, the Procurement Division publically released an Intent to Award Pursuant to Sole Source Exemption (ITS) requesting that should any firm believe it can meet the requirements of this procurement they should provide written notification to the contracting officer for consideration. No responses to the ITS were received. 201 December 12, 2012 Commission Memorandum Taser Sole Source Page 2 of2 ANALYSIS Taser International, Inc., develops and manufactures advanced electronic devices (ECDs) designed for use in the law enforcement, military, corrections, private security and personal defense markets. Approximately 90% of law enforcement agencies utilize Taser products, with 16,000 out of the 18,000 law enforcement agencies currently employing Taser as their ECD of choice. The company makes ECDs for two main types of market segments: the law enforcement, military, corrections and professional security markets, and the consumer market. Its products use a replaceable cartridge containing compressed nitrogen to deploy and propel two small probes that are attached to the ECD by insulated conductive wires with lengths ranging from 15 to 35 feet. The Company's ECDs transmit electrical pulses along the wires and into the body affecting the sensory and motor functions of the peripheral nervous system. The energy can penetrate up to two cumulative inches of clothing, or one inch per probe. Most importantly, no other ECD manufacturer produces weapons that have dual lasers and back-up shot capability, which are integral features for law enforcement. Taser International, Inc., is the sole manufacturer of all Taser Brand Products, including the aforementioned X-2 and X-26, Electronic Control Devices and all accessories (extended warranty, battery pack, holster, cartridges, etc.). DGG Taser Inc., is the authorized Taser distributor for the State of Florida. Attached, please find Appendix "A" for a copy of the sole source letter from Taser International. Taser International, Inc., and DGG Taser, Inc., sets the pricing. Both the manufacture and the sole distributor have extended the same pricing available to other law enforcement agencies in the country based on the current trade-in program that allows the Miami Beach Police Department, and any other agency to trade-in defective X-26 ECD's and receive a trade-in credit for the new X-2 ECD. Attached, please find Appendix "B" for the Taser Law Enforcement Pricing. In addition, both Miami-Dade County and the City of Miami have designated DGG Taser, Inc., as the sole source for Taser equipment and accessories. The manufacturer and sole distributor have extended the trade-in credit of $160, resulting in a credit of $11,550. In its due diligence process, the Purchasing Division publically released an Intent to Award Pursuant to Sole Source Exemption (ITS), which is a notice that is released to bidders locally and nationally identifying the details of the items under sole source consideration. The ITS instructs firms to notify the contracting officer if they believe they can meet the requirements of the procurement. No responses to the ITS were received. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution, authorizing a sole source procurement, pursuant to Section 2-367 (d) of the Miami Beach City Code, from DGG Taser Inc., the sole authorized distributor in the State of Florida, for the purchase of fifty-five (55) Taser X-2 Electronic Control Devices, all department-issued accessories (extended warranties, battery packs, holsters, cartridges, etc.), at an estimated cost of $85,300. T:\AGENDA\2012\12-12-12\Taser Sole Source Memo.doc 202 TABER 17800 N. 85th St. *Scottsdale, Arizona * 85255 * 1-480-991-0797 * Fax 1-480-991-0791 * www.taser.com November 30, 2012 SOLE SOURCE LETTER FOR TASER INTERNATIONAL PRODUCTS This letter is to confirm T ASER International is the sole source manufacturer of the following TASER brand products: • Electronic control devices (ECDs): 1. TASERX2™ Models: 22002, and 22003. 2. TASER X3® Models: 33209, and 33210. 3. TASER X26™ Models: 26511, 26523, 26550, 26512, 26524, 26549. 4. TASER X3W™ Models: 33228, and 33229. • Optional Extended Warranties for ECDs: 1. X2 ECD -4-year extended warranty, item number 22014. 2. X26 ECD-1-year extended warranty, item number 26730. 3. X26 ECD-4-year extended warranty, item number 26744. 4. X3 ECD -1-year extended warranty, item number 33500. 5. X3 ECD -3-year extended warranty, item number 33501. 6. X3W ECD-1-year extended warranty, item number 33503 7. X3W ECD-2-year extended warranty, item number 33502 • TASER ECD cartridges compatible with the X26, M26™ and Shockwave™ ECDs (required for these ECDs to function in the probe deployment mode): 1. 15-foot Model 34200. 2. 21-foot Model 44200. 3. 21-foot non-conductive Model 44205. 4. 25-foot Model 44203. 5. 35-foot Model 44206. • TASER Smart cartridges compatible with the X2, X3, and X3W ECDs (required for these ECDs to function in the probe deployment mode): 1. 15-foot Model 22150. 2. 25-foot Model 22151. 3. 35-foot Model 22152. 4. Inert Simulator 25-foot Model 22155. 5. 25-foot non-conductive Model 22157. • TASER CAM™ recorder, Model 26830 (full video and audio with ability to disable audio). 1. The TASER CAM can be downloaded by USB with the TASER CAM Download Kit, Model 26737. • TASER CAM™ HD recorder, Model 26810 (full HD video and audio) and TASER CAM HD with AS (automatic shut-down feature), Model 26820. 1. T ASER CAM HD replacement battery, Model 26764. 2. The TASER CAM HD can be downloaded by USB with the TASER CAM HD Download Kit, Model 26762. 3. TASER CAM HD optional 4-year extended warranty, Item Number 26763. • Power Modules for X26 ECD: Digital Power Magazine (DPM) Model 26700; eXtended Digital Power Magazine (XDPM) model 26701; and Controlled Digital Power Magazine (CDPM), Models 26702 and 26703. • Power Modules for X2 ECD: Performance Power Magazine (PPM) Model 2201 0; Tactical Performance Power Magazine (TPPM) Model 22012; and Automatic Shut-Down Power Magazine (APPM) Model 22011. 2/ 1 203 • Power Module for X3 and X3W ECDs: Enhanced Digital Power Magazine (EPM) Model 33203 • TASER Shockwave ECD, Models 90012, 90011, 90013, and 90010. The TASER Shockwave ECD runs off of a Shockwave Power Magazine (SPM), Model 90007. • TASER Blast Door Repair Kit Model44019 and TASER Blast Door Replenishment Kit Mode144023 Taser International manufactures Electronic Control Devices that are geared specifically for law enforcement agencies use. Taser ECDs are not only designed to incapacitate subjects but are also designed to discharge the least amount of energy to achieve incapacitation. No other ECD manufacturer produces weapons have dual lasers and back-up shot capability. Additionally Taser International provides a true backend evidence management system that allows agencies to not only manage their weapon inventory, but also allows agencies to store ECD data and downloads. Taser ECDs also provide the agency with a trilogy log that displays the energy output after the use of the ECD. Taser leads the industry in the depth of medical studies and peer review studies that have been done in the entire industry. Taser ECDs are in the hands of 16,000 out of approximately 18,000 law enforcement agencies. Smart™, TASER CAMTM, X2™, X3W™, and X26rM are trademarks ofTASER International, Inc., and TASER®, and X3® are registered trademarks of TASER International, Inc., registered in the U.S.© 2011 TASER International, Inc. All rights reserved. AUTHORIZED TASER DISTRIBUTOR FOR FLORIDA DGG Taser Inc. 8725 Youngerman Court, Suite 305 Jacksonville, FL 32244 866-626-8273 Phone 904-777-4801 Local Phone 904-777-4802 Fax Please contact us at 1-800-978-2737 with any questions. Sincerely, Jim Halsted Vice President, LE Sales TASER International, Inc. R 204 SOLE AUTHORIZED REPAiR FACILITY TA,SER BRAND PRODUCTS TASER International, Inc. 17800 N. 851h Street Scottsdale, AZ 85255 Phone: 480-905-2000 or 800-978-2737 Fax: 480-991-0791 21 DGG Taser & Tactical Supply Youngerman Ct, Ste 305 Jacksonville, FL, 32244 PH: 866-626-8273 FAX: 904-777-4802 EMAIL: sales@teamdgg.com **15-foot, 25-foot, and 35-foot X2 cartridges are compatible with TASER® X2 and X3® ECDs. X3 cartridges (part numbers 33100, 33101, 33102, 33103, 33104, and 33106) are NOT compatible with the X2 ECD. Freight charges apply to all TASER shipments to cover shipping, handling & insurance. DGG Taser & Tactical Supply is SOLE SOURCE for TASER Products in the states of Florida and Georgia. FL inquiries dial ext. 21, GA inquiries dial ext. 30. (Revised 6/1112, DGG Taser, Inc,) 205 DGGTASER 8725 Youngerman Suite 305 Jacksonville, FL 32244 .4m) •silver Bfast Door f Field Use .X2!)£PII.II Lillw Errron::.~C~m~Ht P.rielng :and .5;:liu; Terms & Com:Jilhml\ :SafufCus1ome-r :::i(!rvJtli!' kit-without holster onnect I deactivate safety 206 T..A.!3ER PROTECT LIFE j$51.95 ea] $61.95 ea $32.95 ea $34.95 ea Pagel of3 DGGTASER 8725 Youngerman Suite 305 T~SER Jacksonville, FL 32244 -PROTECT I..IFE !Model !Product Description 44203 25ft: (7.62m) XPTM (Extra Penetration) •Green Blast Door I Field Use 35ft (10.67m) XP {Extra Penetration) •Non-Reversible! Orange Blast Door f Tactical nductlve Simulation ·srue/Biue Blast Door I Training Use Holsters Thumb Break and Tek-Lok® Holster-Right hand WK® Serpa holster-Right hand contact TASER International. *TASER CAM"'' with disabled audio recording Is intended for stales in which audio recording is prohibited. Check Local laws. *15 foot, 21 fool, 25 foot, and 35 foot cartridges are compatible with TASER® Models M26 1 " and X26 electronic control devices. Page 2 of 3 207 QTE0000008413 Inc. 8725 Youngerman Ct # 203 Jacksonville Fl 32244 Bii!To: Ship To: Miami Beach Police Department 1100 Washington Ave. Miami Beach Police Department 1100 Washington Ave. Miami Beach FL 33139 Miami Beach FL 33139 55 22002 TASER X2 ECD, Black-MUST BUY EXT WARRANTY@ TIME OF PURCHASE 55 22012 TASER X2 Tactical Performance Power Magazine (TPPM) 22012 55 22014 *SO TASER X2 4-Year Extended Warranty 22014 CAN ONLY BE PURCHASED AT TIME PURCHASE 110 22151 TASER 25' Live Smart Cartridge for X2/X3 22151 110 22157 TASER 25' Training Smart Cartridge for X2/X3 22157 50 22501 BlackHawk Holster, X2, Right Hand 22501 5 22504 BlackHawk Holster, X2, Left Hand 22504 Trade Discount of $210.00 is for trading in 55 ECD Per X2 Package. Valid thru 12/31/12 ONLY 100 22151 TASER 25' Live Smart Cartridge for X2/X3 22151 100 44203 Taser 25' (7.62m) Green Cartridge for M26/X26 44203 35 26701 TASER XDPM (Extended Digital Power Magazine) Approx 195 5-Second Firings at R Temperature 15 26700 TASER DPM (Digital Power Magazine) Approx 195 5-Second Firings at Room Temp 10 22012 TASER X2 Tactical Performance Power Magazine (TPPM) 22012 4 22155 TASER X2 Inert Simulator 25' Smart Cartridge 22155 5 22013 TASER X2 Dataport Download Kit 22013 I One Size 50 44205 Taser 21' (7.62m) Blue Cartridge for M26/X26, Non-Conductive 44205 100 22157 TASER 25' Training Smart Cartridge for X2/X3 22157 208 $950.00 $49.95 $299.99 $28.95 $27.95 $59.95 $59.95 $28.95 $24.95 $38.95 $33.95 $49.95 $29.95 $159.95 $20.97 $27.95 $52,250.00 $2,747.25 $16,499A5 $3,184.50 $3,074.50 $2,997.50 $299.75 $2,895.00 $2,495.00 $1,363.25 $509.25 $499.50 $119.80 $799.75 $1,048.50 $2,795.00 Inc. 8725 Youngerman Ct # 203 Jacksonville Fl 32244 Bill To: www.dggtaser.com Ship To: Miami Beach Police Department 1100 Washington Ave. Miami Beach Police Department 1100 Washington Ave. Miami Beach FL 33139 Miami Beach FL 33139 4 44550 TASER Simulation Training Suit-New and Improved ONE SIZE 10 80001 Conductive metallic paper practice target, two part-FRONT I 80001 10 80000 Conductive metallic paper practice target, two part-BACK I 80000 Thank you for your Business! 209 $550,00 $2,200.00 $12.95 $129.50 $12.95 $129.50 IBE Description of Product/Service: Estimated amount of this purchase: $85.000.00 Department: Contact Person: Phone: Police/Support Services Sgt. Daniel Morgalo 305 673-7964 or 305 335-5053 0 Work must be completed by: One Time Purchase K or Recurring 0 Due Date: (check an that apply) Material/Equipment/Supplies must be delivered by: 0 Service must begin by: Please provide the following information in order to document the sole source request and prepare the appropriate recommendation to the City Manager and Mayor and City Commission: 1. The Taser X-26 Electronic Control Device is the industry .<ttandard, less than lethal ECD available to Law Enforcement. It has been the standard issue ECD of the MBPD since 2003. In 2012 the MBPD has begun to transition to the new Ta.<ter X-2 ECD and is set to begin replacing the X-26 ECD with the new X-2. 2. Taser International in Scottsdale, Az. is the sole manufacturer of all Taser Brand Products, including the aforementioned X-2 and X-26, ECD 'sand allthe collateral accessories (extended warranties, battery packs, cartridges, etc ... ). Taser International utilizes DGG Taser Inc as the sole source distributor for all Taser products sold to any agency in the State of Florida. We cannot make thl<t purchase through any other distributor. 3. The purchase itself will not obligate us to future purchases through this vendor, however, thi!!.' vendor will be the Sole Source for any future purchases in upcoming fiscal years. Warranty claims and maintenance is handled directly with the manufacturer via an RMA Process. 4. The pricing l~ set by Taser International and DGG Inc. Both the manufacturer and the sole source vendor have extended the same pricing available to any other law enforcement agency in the country based on the current trade in program that allows the MBPD and any other agency to trade in defective X-26 ECD's and receive a trade-in credit for the new X-2 ECD. 5. The manufacturer and vendor have extended the trade in credit of $210 dollars per unit, which was reduced to $160 dollar.'t in October of 2012. This trade in credit is set to December 2012. 6. If this .<tole source is not approved, public safety might be affected since our Police Officers will not have Taser ECD products available to protect themselves and the public. If the sole source is not approved by December 2012 and the purchase initiated, the city will have to pay approximately $11, 500 more to purchase the same items without the trade-in credit 7. TASER International, Inc. (TASER) develops and manufactures advanced electronic control devices (ECDs) designed for use in the law enforcement, military, corrections, private security and personal defense markets. The Company makes ECDsjor two main types of market segments: the law enforcement, military, corrections and projessional.<tecurity markets, and the consumer market. Its products use a replaceable cartridge containing compressed nitrogen to deploy and propel two small probes that are attached to the ECD by insulated conductive wires with lengths ranging from 15 to 35 feet. The Company's ECDs transmit electrical pulses along the wires and into the body affecting the sensory and motor junctions of the peripheral nervous system. The energy can penetrate up to two cumulative inches of clothing, or one inch per probe. The initial effect lasts five seconds for its law enforcement, military and corrections products and up to thirty seconds for its consumer market model.~. 210 I hereby request that a Sole Source be a ·ove or the procurement of the above statement of work, material, equipment, commodity, or s 211 RESOLUTION TO BE SUBMITTED 212 THIS PAGE INTENTIONALLY LEFT BLANK 213 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving, Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase Of Alliant Techsystems (ATK) Ammunition, From Florida Bullet Inc. Key Intended Outcome Supported: Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The Police Department has standardized, pursuant to Section 2-391 (a) of the Miami Beach City Code, on the ammunition manufactured by Alliant Techsystems (ATK) The Police Department's issued duty firearm ammunition is Speer Gold Dot Brand, and for duty rifles it is Federal Bonded, both of which are manufactured and distributed by Alliant Techsystems (ATK). This ammunition was selected based on FBI testing and past field performance, and is one of the best performing police duty cartridges in the law enforcement market. Further, the training ammunition is the standard ammunition of most SWAT teams and military special operations troops. The training ammunition was selected for reliability and performance in the department's SWAT rifles, as it provides the most realistic performance when compared to their standard duty rifle cartridge. Additionally, the selected ammunition is approved by the firearms manufacturers for use in their weapon systems. ATK requires that all Florida agencies purchasing ATK brand ammunition do so from Florida Bullet Inc., the sole authorized distributor for the region. The purpose of this request is to authorize the Police Department to continue purchasing ATK brand ammunition, in accordance with the manufacturer's distribution requirements, as a sole source purchase pursuant to Code Section 2-367(d). In its due diligence process, the Procurement Division publically released an Intent to Award Pursuant to Sole Source Exemption (ITS) requesting that should any firm believe it can meet the requirements of this procurement they should provide written notification to the contracting officer for consideration. No responses to the ITS were received. APPROVE SOLE SOURCE PURCHASE. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 $44,767.70 011-1130-000343 Ammunition ~·rvk 2 3 OBPI Total . $44,767.70 Financial Impact Summary: Current FY expenditures are estimated at the approved budgeted amount of $44,768. Future purchases will be based on approved budgeted amounts. Clerk's Office Le islative Trackin ment Director Assistant City M anager RM PDW KGB MIAMI BEACH C7I AGENDA ITEM---"-=-- 214 DATE I,)--/J.-12 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager/'~ /--· DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A SOLE SOURCE PROCUREMENT, PURSUANT TO SECTION 2-367 (d) OF THE MIAMI BEACH CITY CODE, FROM FLORIDA BULLET, INC., THE SOLE SOURCE DISTRIBUTOR IN THE STATE OF FLORIDA, FOR THE PURCHASE OF ALLIANT TECHSYSTEMS (ATK) AMMUNITION, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $44,767.70. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME Maintain crime rates at or below national trends. AMOUNT AND FUNDING Account Code: 011.1130.000343 -$44,767.70-Ammunition Current FY expenditures are estimated at the approved budgeted amount of $85,300. Future purchases will be based on approved budgeted amounts. BACKGROUND AND ANALYSIS The Police Department has standardized, pursuant to Section 2-391 (a) of the Miami Beach City Code, on the ammunition manufactured by Alliant Techsystems (ATK) The Police Department's issued duty firearm ammunition is Speer Gold Dot Brand, and for duty rifles it is Federal Bonded, both of which are manufactured and distributed by Alliant Techsystems (ATK). This ammunition was selected based on FBI testing and past field performance, and is one of the best performing police duty cartridges in the law enforcement market. Further, the training ammunition is the standard ammunition of most SWAT teams and military special operations troops. The training ammunition was selected for reliability and performance in the department's SWAT rifles, as it provides the most realistic performance when compared to their standard duty rifle cartridge. Additionally, the selected ammunition is approved by the firearms manufacturers for use in their weapon systems. ATK requires that all Florida agencies purchasing ATK brand ammunition do so from Florida Bullet Inc., the sole authorized distributor for the region. 215 December 12, 2012 Commission Memorandum Ammunition Sole Source Page 2 of2 The purpose of this request is to authorize the Police Department to continue purchasing ATK brand ammunition, in accordance with the manufacturer's distribution requirements, as a sole source purchase pursuant to Code Section 2-367(d). Attached is a letter sent by Alliant Techsystems, Inc. (ATK), stating that they use a regional distribution system that has designated Florida Bullet Inc., as the only approved State of Florida distributor. ATK does not sell directly to law enforcement agencies, therefore, these products can only be purchased from their designated distributor. In its due diligence process, the Procurement Division publically released an Intent to Award Pursuant to Sole Source Exemption (ITS) requesting that should any firm believe it can meet the requirements of this procurement they should provide written notification to the contracting officer for consideration. No responses to the ITS were received. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution, authorizing a sole source procurement, pursuant to Section 2-367 (d) of the Miami Beach City Code, from Florida Bullet Inc., the sole authorized distributor in the State of Florida, for the purchase of Alliant Techsystems (ATK) ammunition. T:\AGENDA \2012\ 12-12-12\AmmunitionSole Source Memo.doc 216 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO SECTION 2-367 (d) OF THE MIAMI BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF ALUANT TECHSYSTEMS (ATK) AMMUNITIQNi, FROM FLORIDA BULLET INC., THE SOLE SOURCE DISTRIBUTOR IN THE STATE OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $44,767.70. WHEREAS, pursuant to Section 2-367(d) of the Miami Beach Code, the City Commission, may enter into contracts for goods and/or services where only one source for the products or service is evident; and WHEREAS, the purchase of Alliant Techsystems (ATK) Ammunition, is available from Florida Bullet Inc., the sole authorized State of Florida distributor; and WHEREAS, the Police Department's issued duty firearm ammunition is Speer Gold Dot Brand, and for duty rifles it is Federal Bonded, both of which are manufactured and distributed by ATK; and WHEREAS, the Procurement Director has determined that Florida Bullet is the sole source and only authorized distributor for the State of Florida of Alliant Techsystems (ATK) Ammunition; and WHEREAS, additionally, the Administration has complied with the requirements for sole source purchases, pursuant to Section 2-367(d) of the Miami Beach City Code. 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 of Miami Beach, Florida, hereby approve, pursuant to Section 2-367 (d) of the Miami Beach City Code, the sole source purchase of Alliant Techsystems (ATK) Ammunition, from Florida Bullet Inc., the sole authorized State of Florida distributor, in an amount not to exceed $44,767.70. PASSED AND ADOPTED THIS ___ DAY OF ____ , 2012. ATTEST: CITY CLERK MAYOR T:\Agenda\20 12\Decem ber 12\A TKAmm unitionSoleSource\Reso. 217 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement To Florida Power And Light At Marjory Stoneman Douglas Park For The Installation And Maintenance Of Pad-Mounted Transformers That Will Provide For Underground Service Of The Lighting System. Key Intended Outcome Supported: Ensure Well-Designed, Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): n/a Item Summary/Recommendation: During the construction of the South Pointe Phase Ill, IV and V Neighborhood Improvements Project (the Project), staff from the City coordinated the undergrounding of aerial utilities with the owners of 321 Ocean Drive. FPL prepared and submitted preliminary drawings and a cost proposal for the overhead-to-underground conversion to the owners of 321 Ocean Drive. FPL received payment for the conversion and completed the installation of duct banks in early 2012. Now that this work is complete, there are currently no overhead utilities on Ocean Drived south of 321 Ocean Drive, except fronting Marjory Stoneman Douglas Park, between 2nd and 3r Streets. By undergrounding the FPL cable fronting the Park at this time, the City will be able to take advantage of the Project reconstruction activities. In order for FPL to complete the overhead-to-underground conversion for the portion of its facility between 2nd and 3rd Street at the Park, it will be necessary for the City to grant an easement (470.5 square feet in area) to FPL for maintenance of its facilities. Once the FPL cables are installed underground, the aerial FPL cables will be removed from the utility pole located at 321 Ocean Drive and all other remaining poles fronting the Park. The poles will then be removed. The cost for the installation of the conduiUwire and the pad-mounted transformers within the Park is $13,676. The cost of the removal of the concrete poles south of 3rd Street and the FPL overhead cables is $16,180. These costs are fully funded from the Project contingency, using South Pointe RDA funds. The Administration recommends approval of the resolution. Board Recommendation: . II f f manc1a norma 1on: N t r bl o appuca e, no f d' . d un mg requ1re . Source of Amount Account Approved Funds: 1 $29,856 389-2333-000356 South Pointe flfi:) RDA Funds 2 ~/I 3 Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Rick Saltrick, ext: 6565 S1 n-Offs: Assistant City Manager ~------4-------------o6r-------~ FHB JGG T:\AGENDA\2012\12-12-12\easements\FPL Easement Stoneman Douglas Park-SUMMARY (3).docx MIAMI BEACH 218 C7J-AGeNoA nEM __ --=--- DATE /,)-/.).-/4 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM, Kathie G. Brooks, Interim City Manager ./fA/-- DATE: December 12, 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 MARJORY STONEMAN DOUGLAS PARK FOR THE INSTALLATION AND MAINTENANCE OF PAD-MOUNTED TRANSFORMERS THAT WILL PROVIDE FOR UNDERGROUND SERVICE OF THE LIGHTING SYSTEM. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the Resolution. BACKGROUND During the construction of the South Pointe Phase Ill, IV and V Neighborhood Project (the Project), the developer and City staff coordinated for the undergrounding of the aerial utilities at 321 Ocean Drive. In order to remove the two remaining utility poles, which currently serve the Marjory Stoneman Douglas Park, it would be necessary for the City to underground the FPL facilities associated with the referenced poles. There are currently no overhead utilities south of 2nd Street on Ocean Drive. By undergrounding the FPL cable fronting the Park, the City will be able to take advantage of reconstruction activities associated with the Project. FPL prepared and submitted preliminary drawings and a cost proposal for the overhead- to-underground conversion to the owners of 321 Ocean Drive for its portion of the work. FPL received payment for the overhead-to-underground conversion and completed the installation of duct banks in early 2012. In order for FPL to complete the overhead-to-underground conversion for the portion of its facility between 2nd Street and 3rd Street at the Park, it will be necessary for the City to grant an easement (470.5 square feet in area) to FPL for maintenance of its facilities. The easement is proposed to be in the southwest corner of the park adjacent to 2nd Street and Ocean Drive. Once the FPL cables are installed underground, the aerial FPL cables will be removed from the utility pole located at 321 Ocean Drive and all other remaining poles south of this property. 219 FPL Easement-Stoneman Douglas Park December 12, 2012 Page 2 of2 The cost for the installation of the conduit/wire and the pad-mounted transformers within the Park is $13,676. The cost of the removal of the concrete poles south of 3rd Street and the FPL overhead cables is $16,180. These costs are fully funded from the Project contingency. ANALYSIS Florida Power & Light (FPL) in collaboration with the City has assessed the site conditions. After the installation of the new 12-inch water main on Ocean Drive, the City's contractor and FPL's contractor have determined there is sufficient room within the Ocean Drive Right-of-Way to accommodate the duct bank once the abandoned 6-inch water main is removed. The optimal location for the pad-mounted transformers is within the Park (Attachment). The Administration concurs with the FPL site assessment. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve and authorize the Mayor and the City Clerk to grant a utility easement to Florida Power and Light. Attachment: Sketch and Legal Description of Proposed Easement KGB/JJG/FHB/JJF/~/DEF T:IAGENDA\2012\12·12-12\easements\FPL Easement Stoneman Douglas Park-MEMO-UPDATED 0125PM (3).docx T:\AGENDA\2012112-12-12\easements\FPL Easement Stoneman Douglas Park-MEMO-UPDATED 0125PM (3).docx 220 Work Request No. 4380491 Sec.~. Twp 54 S, Rge 42 E Parceii.D.02-420-301-201-00 (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 6/11 EASEMEN' (BUSINES~, This Instrument Prepared By Name: Brian T. Bellino. PSM Co. Name: Citv of Miami Beach Address: 1700 Convention Center Dr Miami Beach. FL 33139 pg 1 of ,g. 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"), a non-exclusive easement forever for the construction, operation and maintenance of overhead and underground electric ut!Hty facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed 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: Legal Description (See Exhibit A "Easement Area" attached as pg. 2) Attachment Being an Easement lying in Lot 8 Block 114, Ocean Beach, FLA. Addition No.4, according to the Plat thereof as recorded in Plat Book 3, Page 151 of the Public Records of Miami~Dade County Florida, said easemen1 also lying in Section 3, Township 54 South, Range 42 East, City of Miami Beach, Miami~Dade County, Florida, being more particularly described as follows; Commence at the Southwest corner of said Lot 8, Block 114; Thence S79~10'59"E, along the platted Northerly R! ht of Way line of 2nd Street ( f Way being 60 feet in width), a distance of 15.00 to the intersection with the Easterly t of Way Line of Ocean Driv ight of Way being 70 feet in width); Thence continue S79"'1 0' Right of Way Line of said 2nd Street a dtstance of 10.50 feet to the Point of Beginning; · Northerly Line a distance of 17.0 Thence N10Q47'49"E a distance of 21.50 feet; Thence N79"'1 intersect! h asterly of Way of Ocean Drive, a distance of 27.50 hence 810"47'49" Right of Line of Drive, a distance of 10.50 feet; Thence S10"'47' the intersection with platted of Way Llne of said 2nd Street, a distance of 15.00 feet to the Point of inning. Contaimng 470.5 square feet more or less. 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 · the Easement Area at all times; the right to clear the land within the Easement Area; to trim and cut and keep trimmed trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of commumcations or power transmission or distribution; and further , to the fullest extent the undersigned has the power to grant, if at all, hereinabove granted on the Easement Area. heretofore described, over, along, under and across the roads, streets or hig ys adjoining or through said Easement IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ________ , 20_. Signed, sealed and delivered in the presence of: {W1fness' S1gnature) Print Name: ----......,==;;T""'-------(Witness) (Witness' Signature) Print Name:--------:"""'------- (Witness} Entity name By: ________________ _ Print Name: Print Address: -------------- STATE OF------AND COUNTY OF---------The foregoing instrument was acknowledged before me this day of _______ ,, 20_, by -------------' the ----------------of __________________ a ,whois personally known to me or has produced as identification, and who did (did not) take an oath. (Type of Identification) My Commission Expires: Notary Public, Signature Print Name ---------- 221 w ~ ~ ~-EXHIBIT "A" r--., 5 ~ CL:: II '-..../ I 0::::: o I}J < -' CL "' .,_ " .,_ b z l I SCALE: 1 "=20' [L >-,_ w :z :::; 3: '-0::: >--' 0::: w --,_---~ L (/} < w POB N=523353.82 E=941515A5 2nd STONEMAN DOUGlAS PARK T 6 123'(P) T 7 ~j··· ---121'(P) == I') r··> LLJ <( cc ,., U ... '--~ .. / R PB (P) PLAT DIMENSION DB .,. TYP DEED BOOf< TYPICAL CALCULATED DIMEf610N ~ (C) POC POINT OF COMMENCE~1ENT 7SJ \ Ut....:t: TRANSFOF<MER ContaJr:lng 470.5 square feet mornor!ess. 2. 3. SURVEYOR'S NOTES: ---~mm t N N N RESOLUTION TO BE SUBMITTED 223 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement To Florida Power And Light On Tract B Of The Hibiscus Island Tract For The Installation And Maintenance Of Conduits, Switch Cabinets, And A Capacitor Bank That Will Provide For Underground Service Of The Lighting System. Key Intended Outcome Supported: Ensure Well-Designed, Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): n/a Item SummaryfRecommendation: During the planning of the Palm and Hibiscus Island Neighborhood Right of Way (ROW) Improvement Project (the Project), the Palm-Hibiscus-Star Islands Association (HOA) initiated a petition for the undergrounding of aerial utilities. The HOA elected to pursue the creation of a Special Taxing District with Miami Dade County in order to finance the expenses associated with the undergrounding utilities project. On December 7, 2010 after various public hearings, the registered voters elected to move forward with the undergrounding utilities project for Hibiscus Island only. FPL prepared and submitted preliminary drawings and a cost proposal for the overhead-to-underground conversion for the neighborhood. In order for FPL to complete the overhead-to-underground conversion for Hibiscus Island, it will be necessary for the City to grant an easement to FPL for maintenance of its facilities. Once the FPL cables are installed underground, the aerial FPL cables will be removed from the utility pole located throughout the island. The cost for the installation of the conduit/wire, pad-mounted switch cabinets and capacitor bank is included in the FPL Contribution in Aid of Construction (CIAC). FPL will receive payment for the overhead- to-underground conversion and complete the installation of infrastructure via the Miami Dade County Hibiscus Island Overhead Service Relocation Improvement Special Taxing District. The Administration recommends approval of the resolution. Advisory Board Recommendation: 1 Not applicable F" . I I f f N t r bl manc1a norma 1on: o appuca e, no f d' . d un 1ng requ1re Source of A Account Approved 1"\IIIVUIIL Funds: 1 2 I I 3 4 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Rick Saltrick, ext: 6565 n-Offs: Department Direc FHB T:\AGENDA\2012\12-12-12\PALM & HIBISCUS FPL EASEMENT\FPL Easement Palm & Hibiscus-SUMMARY.doc MIAMI BEACH 224 A GENOA ITEM -,-C_7.:........=.k...3.,__ DATE /OJ.-4}.-/k MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the Citjmmission Kathie G. Brooks, Interim City Manager %A- December 12, 2012 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 ON LOT B OF THE HIBISCUS ISLAND TRACT FOR THE INSTALLATION AND MAINTENANCE OF CONDUITS, SWITCH CABINETS, AND A CAPACITOR BANK THAT WILL PROVIDE FOR UNDERGROUND SERVICE OF THE LIGHTING SYSTEM. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the Resolution. BACKGROUND During the planning of the Palm and Hibiscus Island Neighborhood Right of Way (ROW) Improvement Project (the Project), the Palm-Hibiscus-Star Islands Association (HOA) initiated a petition for the undergrounding of aerial utilities. The HOA elected to pursue the creation of a Special Taxing District with Miami Dade County in order to finance the expenses associated with the undergrounding utilities project. On December 7, 2010 after various public hearings, the registered voters elected to move forward with the undergrounding utilities project for Hibiscus Island only. FPL prepared and submitted preliminary drawings and a cost proposal for the overhead-to-underground conversion for the neighborhood. In order for FPL to complete the overhead-to-underground conversion for Hibiscus Island, it will be necessary for the City to grant an easement (Attachment) to FPL for maintenance of its facilities. Once the FPL cables are installed underground, the aerial FPL cables will be removed from the utility pole located throughout the island. The cost for the installation of the conduit/wire, pad-mounted switch cabinets and capacitor bank is included in the FPL Contribution in Aid of Construction (CIAC). FPL will receive payment for the overhead-to-underground conversion and complete the installation of infrastructure via the Miami Dade County Hibiscus Island Overhead Service Relocation Improvement Special Taxing District. 225 FPL Easement-Hibiscus Island December1~2012 Page 2of2 ANALYSIS Florida Power & Light (FPL) in collaboration with the City has assessed the site conditions. FPL has determined that the optimal location for the installation and maintenance of conduits, pad mounted switch cabinets and underground type capacitor bank is within the West Palm Midway Median, Lot B. The Administration concurs with the FPL site easement. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve and authorize the Mayor and the City Clerk to grant a utility easement to Florida Power and Light. Attachment: Sketch and Legal Description of Proposed Easement KGB/JGG/FHB/RWS/DF T:\AGENDA\2012\12-12-12\PALM & HIBISCUS FPL EASEMENT\FPL Easement Palm & Hibiscus-MEMO.doc 226 Work Request No. 3085431 Sec.32, Twp 53 S, Rge 42 E Parcel I. D. 02-323-00-60-890 (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 6/11 EASEMENl (BUSINESS This Instrument Prepareu uy Name: Brian T. Bellino. PSM Co. Name: City of Miami Beach Address: 1700 Convention Center Dr Miami Beach. FL 33139 pg 1 of~. The undersigned, in consideration of the payment of $ t 00 and other good and valuable consideration, the a 1pt of which is acknowledged, grant and give to & Ught licensees, agents, successors, and assigns ("FPL"), a non~exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, bias, conduits and appurtenant equipment) to be installed from time with the right to reconstruct, improve, add to, enlarge, change the voltage, as wall as, the size of and remove such facilities or any of them within an easement described as follows: Legal Description (See Exhibit A "Easement Area") Attachment Together with the right to permit FPL to attach wires to any facllities hereunder and lay cable and conduit wlth!n the easement ana to operate the same for FPL's communications purposes; th · ht of ingress an to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, und s within the Easement Area; to trim and cut and keep trimmed and cut aU dead, weak, leaning . · f the easement area which might interfere with or fall upon the lines or systems of commumcations or transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, t rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ________ , 20_. Signed, sealed and delivered in the presence of: (Witness' Signature) Print Name:-----,==;:;---------(Witness) (Witness' Signature) Print Name: --------:--------- (Witness) Entity name By: ________________ _ Print Name: Print Address: -------------- STATE OF ------AND COUNTY OF ---------The foregoing instrument was acknowledged before me this day of ------~· 20_, by --------------' the -----------~of ____________ ~a ,whois personally known to me or has produced as identification, and who did (did not) take an oath. (Type of Identification) My Commission Expires: Notary Public, Signature Print Name ---------- 227 N N 00 (J) 0 c I CD (J) \ BLOCK [\; I • OT 2 OF BLOCK C AND D LOT 6 '._ " I HIBISCUS ISLAND I ,' J _______ I ____ _P..§....l.4_~G_§L_J:::"/W -----y. , 15. WEST PALM MIDWAY ( 30' R/W) ~ ~-----------------~------, -~ =n' =u v~ "'>''0' '""~' ------...........,... --"""'i'BBOO·------""'-WESTERLY R/W EAST P ;:;. ·~ --__1_ ... ' MID ----------ror 3. "'B'CCC1< 1----PLL RESUBDIVISION OF BLOCK c L.OT 5 SOUTHERLy I!/W,4 EXHIBIT "A" SCALE: 1"~30' SCALE:NTS LEGAL DESCRIPTION LEGEND & ABBRFVIATIONS: PB PLAT BOOK R RADIUS PG PAGE D CENTRAL ANGLE R/W RIGHT OF WAY A ARC LENGTH TYP TYPICAL CB CHORD BEARING POB POINT OF BRGINNiNG PLL PLAT LOT LINE EASEMENT AREA ""-''EXHIBIT "A"-SKETCH AND LEGAL DESCRIPTION, (J) 0 :;u " :z: !f I ,/d.,, .... ':-, z 0 :::::0 -1 I l I I CD I c (J) 0 :::::0 '\ ,, LOCATION SKETCH NT5 LEGAL DESCRIPTION: BEiNG AN EASEMENT L YlNG !N TRACT ~8~, HIBISCUS ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED !N PLAT BOOK 8, PAGE 75 Of THE PU8UC RECORDS Of' M!AMI-OADE COUNTY FlOR!OA AND L Y!NG !N SECTION 32, TOWNSHIP 5.3 SOUTH, RANCE 42 EAST. C!TY Of MIAM! BEACH, MIAMi-DADE COUNTY, FlORIDA SAID EASEMENT BEING MORE PART!CULARL Y DESCRIBED AS fOLLOWS: CONTAINING 3,571.1 SQUARE f'EE.T MORE OR LESS, RESOLUTION TO BE SUBMITTED 229 CUMMI~~IUN II tM ~UMMAI<Y Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute A Storm Water Pump Station And Pollution Control Structures Maintenance Memorandum Of Agreement. A Memorandum Of Agreement Regarding Off-System Construction And Maintenance Of Improvements, And A Perpetual Easement Agreement With The Florida Department Of Transportation, For The Construction Of Drainage Improvements Along 43rrJ Street, And Maintenance Of Pump Station And Pollution Control Structures, As Part Of The State Road A 1 A/Indian Creek Drive Project From 42nd Street To 44th Street And State Road A1A/Collins Avenue/Indian Creek Drive Project Along 43rrJ Street. Kev Intended Outcome Supported: Improve storm drainage Citywide. L~.~~P,orting Data (Surveys, Environmental Scan, etc.) 44% of residents and 45% of businesses rated as nt or QOod storm drainaQe. Item Summary/Recommendation: The Florida Department of Tran;P,ortation (FOOT) is planning construction improvements on State Road (SR) A1AIIndian Creek Drive from 42 Street to 44th Street and on SR A1A/Collins Avenue/Indian Creek Drive along 43rd Street Project construction is scheduled to begin in March 2014 and be completed by the end of2014. The scope of the project along Indian Creek Drive from 42nd Street to 44th Street includes milling, resurfacing, and restriping; repairing existing sidewalks, curb and gutter; upgrading the existing pedestrian ramps to comply with the current American with Disabilities Act (ADA) standards: and installing new signage along the corridor. The scope of the adjoining project along 43rd Street includes major upgrades to the storm water system and Installation of a storm water pump station and pollution control structures at the 43rd Street street-end. In order for FOOT to complete the construction of the necessary roadway and drainage improvements as part of the Project, various agreements between the City and FOOT are required. The FOOT agreements require City Commission approval and are further described below. Storm Water Pump Station and Pollution Control Structures Maintenance Memorandum of Agreement fMMOA)- execution of an MMOA is required in order to stipulate the responsibilities of the City and FOOT with respect to the construction, operation, and maintenance of the proposed pump station and pollution control structures. The proposed pump station will serve an area that is approximately 60% City right-of-way and 40% FOOT right-of-way. The City and FOOT have agreed that FOOT will fund all capital costs for the installation of the pump station, all major repairs to the pump mechanism and structures, and pump replacement when needed. The City will fund all routine maintenance and minor repairs. Memorandum of Agreement (MOA) Regarding Off-Svstem Construction and Maintenance of Improvements ~ in order to complete the proposed drainage improvements, FOOT needs to perform construction activities within rights-of-way under the jurisdiction of the City,J>articularly along 43rd Street. The MOA outlines the responsibilities of each agency as it pertains to work along 43 Street and is required in order for FOOT to construct the roadway and drainage improvements within City right-of-way. Perpetual Easement Agreement-FOOT requires a perpetual easement where the proposed pump station will be located. The proposed easement would be approximately three thousand one hundred ei~hty-one (3, 181) square feet in size and located at the street-end of the intersection of Indian Creek Drive and 43r Street. The perpetual easement is required so that FOOT can construct the proposed pump station within City right-of-waywhich is the most practical location. The Administration recommends approving the Resolution. Advisory Board Recommendation: I NfA Financial Information· Source of Amount Account Funds: 1 I I 2 3 OBPI • Total Financial Impact Summary: N/A City Clerk's Office legislative Tracking: Jose R. Gonzalez, P.E., Transportation Manager, EXT. 6768 Si n-Offs: MIAMI BEACH 230 AGENDA ITEM ~ 7 L DATE ld-"!Jr-f). MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera-Bower and Members of the City CoJmission Kathie G. Brooks, Interim City Manager ;:::*'~ r . December 12, 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 STORMWATER PUMP STATION AND POLLUTION CONTROL STRUCTURES MAINTENANCE MEMORANDUM OF AGREEMENT, A MEMORANDUM OF AGREEMENT REGARDING OFF-SYSTEM CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS, AND A PERPETUAL EASEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ALONG 43rd STREET, AND MAINTENANCE OF PUMP STATION AND POLLUTION CONTROL STRUCTURES, AS PART OF THE STATE ROAD A1AIINDIAN CREEK DRIVE PROJECT FROM 42nd STREET TO 44th STREET AND STATE ROAD A1AICOLLINS AVENUE/INDIAN CREEK DRIVE PROJECT ALONG 43rd STREET. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. FUNDING Funding for the Maintenance Memorandum of Agreement will be provided from the Stormwater Fund Operating budget in FY 2014/15, when it is anticipated that the proposed pump station will be operational. BACKGROUND The Florida Department of Transportation (FOOT) is planning construction improvements on State Road (SR) A1A/Indian Creek Drive from 42nd Street to 441h Street and on SR A1A/Collins Avenue/Indian Creek Drive along 43rd Street. Project construction is scheduled to begin in March 2014 and be completed by the end of 2014. The scope of the project along Indian Creek Drive from 42nd Street to 441h Street includes milling, resurfacing, and restriping; repairing existing sidewalks, curb and gutter; upgrading the existing pedestrian ramps to comply with the current American with Disabilities Act (ADA) standards; and installing new signage along the corridor. The scope of the adjoining project along 43rd Street includes major upgrades to the storm water system and installation of a storm water pump station and pollution control structures at the 43rd Street street- end. 231 Commission Memorandum -FOOT Agreements for Alton Road from 5th Street to Michigan Avenue December 12, 2012 Page 2 of 3 The drainage improvements on 43rd Street are needed to address severe flooding that occurs along 43rd Street which significantly impacts the intersection of Collins Avenue/43rd Street as well as the private property located on the northeast corner of the intersection. Milling and resurfacing of Indian Creek Drive from 42nd Street to 44th Street is necessary to finish the resurfacing of the corridor. The other sections were address by two (2) FDOT projects-41st Street/Arthur Godfrey Road from Alton Road to Collins Avenue (ongoing) and Indian Creek Drive/Collins Avenue from 26th Street to 41 51 Street (completed). As a traffic safety improvement, the Project will include an extension of the left turn bay at Indian Creek Drive and 42n Street which will require removal of some existing landscaping in the median of Indian Creek Drive just north of 42nd Street. In addition, an existing bus shelter on the west side of Indian Creek Drive (43rd Street street-end) and existing coconut palm trees will be removed due to the proposed storm water pump station. The City will work with FOOT to identify alternate locations within the Project corridor for the relocation of the bus shelter and the impacted palm trees. On- street parking along 43rd Street and an existing Deco Bike station on 43rd Street will be temporarily impacted during construction. The City will work with FOOT to minimize the impact to residents during construction. In addition, FOOT will engage a Public Information Officer for the Project to address all resident complaints/concerns during Project construction. In order for FOOT to complete the construction of the necessary roadway and drainage improvements as part of the Project, various agreements between the City and FOOT are required. The FOOT agreements require City Commission approval and are further described below. ANALYSIS Storm Water Pump Station and Pollution Control Structures Maintenance Memorandum of Agreement (MMOA) The FOOT project includes the construction of a new storm water pump station to be located at the 43rd Street street-end. The proposed pump station will address the flooding that occurs at various locations along the project limits due to rainfall and/or tidal influences. The proposed pump station will drain both FOOT and City rights-of-way within the project limits. Execution of an MMOA is required in order to stipulate the responsibilities of the City and FOOT with respect to the construction, operation, and maintenance of the proposed pump station and pollution control structures. The proposed pump station will serve an area that is approximately sixty percent (60%) City right-of- way and forty percent (40%) FOOT right-of-way. Therefore, the City and FOOT have agreed to share costs. Similarly to the MMOA recently approved by City Commission for the proposed pump stations on Alton Road, the City will maintain the pump and pollution control structures for the proposed pump station, FOOT has agreed to pay for the power (electricity) to operate the pump station; all major repairs of the pump components including pumps, motors, and impellers; and the replacement cost of the pumps. The City has also requested a mobile generator to ensure the continuous operation of the pump. The joint maintenance of the pump station is of mutual benefit to the City and FOOT. In addition to sharing the maintenance costs, the City will have control over and monitor the operation of the pump station via a connection to the City's Utility Control Room at the Public Works Yard. FOOT does not have the appropriate staff to effectively perform this function and, as such, typically requires that the municipalities assume the maintenance of pump stations constructed as part of FOOT projects 232 Commission Memorandum -FOOT Agreements for Alton Road from 5th Street to Michigan Avenue December 12, 2012 Page 3 of 3 through execution of a MMOA with the respective municipality. The annual maintenance cost to the City is estimated to be approximately $12,000. Memorandum of Agreement (MOA) Regarding Off~Svstem Construction and Maintenance of Improvements In order to complete the proposed drainage improvements, FOOT needs to perform construction activities within rights-of-way under the jurisdiction of the City, particularly along 43rd Street. The proposed drainage improvements to be constructed within City rights-of-way are as follows: pump station and pollution control structure (this will also require a perpetual easement further described below), three (3) new drainage structures, and a thirty-six (36) inch storm water drainage trunk line. Upon completion of the drainage improvements, FOOT will mill and resurface 43rd Street within the project limits. The MOA outlines the responsibilities of each agency as it pertains to work along 43rd Street and is required in order for FOOT to construct the roadway and drainage improvements within City right-of-way. Perpetual Easement Agreement FOOT requires a perpetual easement where the proposed pump station will be located. The proposed easement would be approximately three thousand one hundred eighty-one (3, 181) square feet in size and is located at the street-end of the intersection of Indian Creek Drive and 43rd Street. The perpetual easement is required so that FOOT can construct the proposed pump station within City right-of-way, which is the most practical location. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute a Storm water Pump Station and Pollution Control Structures Maintenance Memorandum of Agreement, a Memorandum of Agreement regarding Off-system Construction and Maintenance of Improvements, and a Perpetual Easement Agreement with the Florida Department of Transportation, for the construction of drainage improvements along 43rd Street, and maintenance of pump station and pollution control structures, as part of the State Road A1A/Indian Creek Drive project from 42nd Street to 44th Street and State Road A1A/Collins Avenue/Indian Creek Drive Project along 43rd Street. Attachments: A. Storm water Pump Stations and Pollution Control Structures Maintenance Memorandum of Agreement (MMOA) B. Memorandum of Agreement (MOA) Regarding Off-System Construction and Maintenance of Improvements C. Perpetual Easement Agreement ~ JGG/FHB/JJF/fiJR5/JRG/JFD T:\AGENDA\2012\12-12-12\FDOT Agreements for Indian Creek and 43 St MEMO.doc 233 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 STORMWATER PUMP STATION AND POLLUTION CONTROL STRUCTURES MAINTENANCE MEMORANDUM OF AGREEMENT, A MEMORANDUM OF AGREEMENT REGARDING OFF-SYSTEM CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS, AND A PERPETUAL EASEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ALONG 43rd STREET, AND MAINTENANCE OF PUMP STATION AND POLLUTION CONTROL STRUCTURES, AS PART OF THE STATE ROAD A1A/ INDIAN CREEK DRIVE PROJECT, FROM 42"d STREET TO 44th STREET AND STATE ROAD A1AICOLLINS AVENUE/INDIAN CREEK DRIVE PROJECT ALONG 43rd STREET. WHEREAS, the Florida Department of Transportation (FOOT) is planning to construct improvements on State Road (SR) A1Nindian Creek Drive from 42"d Street to 441h Street and on SR A1NCollins Avenue/Indian Creek Drive along 43rd Street; and WHEREAS, the Project will include the construction of storm water drainage improvements along 43rd Street which will help alleviate flooding and enhance the City's storm water drainage system and the FOOT storm water drainage system; and WHEREAS, the pump station will serve an area that is approximately 60% City right of way and 40% FOOT right of way; and WHEREAS, the City and FOOT have agreed that FOOT will fund all capital costs for the installation of the pump station, all major repairs to the pump mechanism and structures, and pump replacement when needed, while the City will fund all routine maintenance and minor repairs; and WHEREAS, in order for FOOT to include the construction of the necessary storm water drainage improvements as part of the Project, the execution of various agreements between the City and FOOT is required; and WHEREAS, a Storm Water Pump Stations and Pollution Control Structures Maintenance Memorandum of Agreement is required in order to stipulate the responsibilities of the City and FOOT with respect to the construction, operation, and maintenance of the proposed pump station and pollution control structures to be constructed as part of the Project; and WHEREAS, a Memorandum of Agreement Regarding Off-System Construction and Maintenance of Improvements is required in order for FOOT to perform construction activities within rights-of-way under the jurisdiction of the City, particularly along 43rd Street; and WHEREAS, a Perpetual Easement Agreement is required so that FOOT can construct the proposed pump station and pollution control structures within City right-of-way, particularly at the 43rd Street street-end. 234 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a Stormwater Pump Station and Pollution Control Structures Maintenance Memorandum of Agreement, a Memorandum of Agreement Regarding Off-system Construction and Maintenance of Improvements, and a Perpetual Easement Agreement with the Florida Department of Transportation, for the construction of drainage improvements along 43rd Street, and maintenance of pump station and pollution control structures, as part of the State Road A 1A/Indian Creek Drive Project, from 42nd Street to 44 1h Street and State Road A 1NCollins Avenue/Indian Creek Drive Project along 43rd Street PASSED AND ADOPTED THIS ___ DAY OF ____ .2012. ATTEST: MAYOR CITY CLERK T:IAGENDA\2012\12-12-12\FDOT Agreements for Indian Creek and 43 St RESO 235 ------··-----:-Attachment A FLORIDA DEPARTMENT OF TRANSPORTATION STORM WATER PUMP STATION AND POLLUTION CONTROL STRUCTURES MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH s AGREEMENT, made and entered into this day of 2 0 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, fter called the "DEPARTMENT," and the CITY OF MIAMI BEACH, a municipal corporat of and st under the laws of the State of Flor hereinafter called the "CITY," collect ly re to as "the Parties." RECITALS: A. The CITY has juri ction over and rna ains the area west Creek Drive western of State Road (S. R.) AlA/Indian right of way line at 43rd Street; and B. The DEPARTMENT will install a storm water pump stat and pollution control structure at the west side of the ersect of S. R. AlA/Indian Creek Drive and 4 Street (M.P. 0.105 along S.R. AlA), accordance with DEPARTMENT Contract # T-6322 ("PROJECT LIMITS"), are described in the attached Exhib 'A' , by reference reto shall become a hereof; and C. The Parties mutually recognize the need for ent an agreement designating and setting forth the rna responsibilities of each party; and D. The CITY, by Resolution No. dated 20 attached as Exhibit 'B', which is incorporated to this agreement by reference, desires to enter into this Agreement and authorizes officers to do so. NOW I THEREFORE I benefits contained and in consideration of the mutual herein and r good and valuable cons ration, the ies covenant and agree as follows: Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach Page l of ll 236 2. The are f. ies issuance of Not the DEPART:M.ENT re stations " for s of the this AGREE:M.ENT • this AGREE:M.ENT are true and correct, reference and a of of 3. CITY'S MAINTENANCE RES~b~$ The DEPART:M.ENT b. ring to the sa manu cturer Specifications. c. wi all regulations, ic i s, CITY the AGREE:M.ENT, up on DEPART:M.ENT, t 1 CITY r cally mainta PROJECT LIMITS. The s r Structures foll mainta Structures cal, etc.), nimum care accordance the ions the pres Project Plans the and government rules, sf l sf Maintenance Memorandum of Agreement belweenlhe Florida n''""'"h'"""l nfT'mn<:nnrtot and the City of Miami Beach Page 2 of 237 manuals, as the same may be from time to t d. Maintaining activities. e. or Structures as repairs rout f. Noti The CITY for If at t fails to comply in 11 a s se le of all act s that are not 1 shall be to not ir irs re m:aintenance of , s , '. J\.~REEMENT. limi allt ,: DEPAl~.il'MENT as ~ ' ' ' ! ' ; ; ' ' 1 is 1dis:Cbvered. A major r the irs. the the 'C!ttfY its knew r or lis r sole responsibil s AGREEMENT is or of a 3 (f) i. the CITY. ct, the CITY as establi ies are not the terms of or accompli AGREEMENT, the DEPARTMENT its opt issue a written notice, care of MANAGER, to notify the Maintenance Memorandum of Agreement between the Flmida ilen,min1enl and the City of Miami Beach Page 3 of 238 CITY of 1 identifi of ficiencies. rty (30) within the CITY foll rece fi rece said t ciencies. notice be with Sect s are not correct 5 of this AGREEMENT. If cannot CITY does not st a. Mainta t CITY or, if the corrected commence to t as follows: expenses b . 'I' e e s AGREEMENT 11 this AGREEMENT, remove the PROJECT LIMITS, and charge of such 5. NOTICES 1 notices, other At tent Beach deemed to have been rece r from the r s of unless is provided. Maintenance Memorandum of Agreement between the Florida n"'''~'t"'"'nt Page 4 of I 239 rty (30) 7 of cost or t as Parties the Structures AGREEMENT may , relocated or future, at the DEPARTMENT's so '7 • TERMINATION s AGREEMENT may a. DEPARTMENT, if ce AGREEMENT • l,, b. In Se~~l6il:, covered ust at s time Florida Statutes (11'. S.) 1 DEPARTMENT[!~ . reserve to s ·Aq~EMENT if ss to i~W~):e :. this1: AGREEMENT A AGREEMENT ex~¢tlt1~d;;t4,:4t;h ,.STRUCT~~~lli~· c. Parties or sion. DEPARTMENT subject to ir is the a 1:1'9, i. state sions Maintenance Memorandum of Agreement between the Florida Page 5 of 240 of AGREEMENT are not af self-insured the the and 10. F.S. Nothing in this erpret immunity of l l F. S., as may a. The CITY contracts or duties set i. ii. 11 or DEPARTMENT' S ctions, or as s set forth in Section 768.28, t to time. bet\-JeEHi: r t;~e AG~EMENT: y's E-Veri eligibility of tractor and of any any the this to the u.s. em AGREEMENT s ll commence upon shall no written, wi AGREEMENT s. or d. This AGREEMENT shall not be who or in DEPARTMENT. This AGREEMENT until termination entire as trans or ass written consent Maintenance Memorandum of Agreement between the Florida ,,.no.,.,,,n, of Transportation and the Page 6 of l of Miami Beach 241 set and are or s of 11. e . 'I'h is AGREEMENT, ss of where execut with In the event of a 1 rtion of the Flo the laws of Flor 11 AGREEMENT 1 ate r shall seve not rest of this AGREEMENT. f. Venue for a~~~ing out of or in connection to per or interp'ret~tion, of this. AGREEMENT Subject to fy' its officers, all assessments, demands, a to in a state , Flor ion to r ·~j!ltris ction in CITY shall promptly ss the DEPARTMENT, l s from or exercise this AGREEMENT, or to s or s AGREEMENT, r the CITY s or under s for damage rect caus or of the DEPARTMENT. , de The de e of the DEPARTMENT, or at the DEPARTMENT'S th the DEPARTMENT the ion, to rticipate as soc defense t al of any cla related settlement iations, CITY'S rece fication. Maintenance Memorandum 11 be t of the DEPARTMENT'S The notice of rece if the ately notice of between the Florida Depmtment ofTransportation and the City of Miami Beach Page 7 of 11 242 notice in acco the formal notice 1 requirements set Section 5 this AGREEMENT, or actual receipt of the notice City. The DEPARTMENT'S i to noti the City of a shall not se the CITY of the duty to and DEPARTMENT. termination or re to rcumstances expirat of The CITY'S evaluate li defend of is sect On highest appeal i rtment was sole s ision by fee to th:e DEPARTMENT. ~ ,-~ ~ this se~tion 11 s ~s'REPiMEw~, but of I; Ifa,l:prl:li ty ;, not ~:~xcu~~e DEPARTMENT under the Maintenance Memorandum of Agreement between the Florida Page 8 of ofMiami Beach 243 s The or or to to ce IN WITNESS WHEREOF, the ef ive the and CITY OF MIAMI BEACH: Attest: (SEAL) ---------------------City erk this STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: LEGAL REVIEW: jlllitllllllllllll i i' ,,,tlllilk. ' i llllllllllllllll ) Maintemmce Memorandum of Agreement between the Florida Jen"nm<mt and the of Miami Beach Page 9 of 244 Below are the e pollution control AGREEMENT. County: of S.R. 1 limits of structure to S.R.AlA/ an Cree 4 t station and r this Street (Station 78+35 /Indian Creek Maintenance Memorandum of Agreement between the Florida J~mntm,.,ntofTransportation and the Page 10 of of Miami Beach 245 EXHIBIT 'B' CITY OF MIAMI BEACH RESOLUTION Attached ratified hereto CITY l,' Maintemmce Memorandum of Agreement between the Florida Page 11 of 246 by re and the once of Miami Beach .............. : ............ .. FM No. 427505-2-52-01 Page l of9 MEMORANDUM OF AGREEMENT REGARDING OFF-SYSTEM CONSTRUCTION AND MAINTENANCE Attachment B IMPROVEMENTS STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") and CITY OF MIAMI BEACH, a municipal corporation of the State of ("CITY") This Agreement is made and entered into as of ----------' 2012, by and through THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida (the "Department"), and CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (the "City"), collectively referred to as the "Parties." RECITALS WHEREAS, the State of Florida Legislature has approved the Department's Work Program and mandated the Department to complete the various projects included in the Department's Work Program; and WHEREAS, included in Department Work Program is Project Number FM 427505-2-52- 01 on 43rd Street, from Collins Avenue to Indian Creek Drive, located in City of Miami Beach, Florida, (hereinafter "the Project"), which includes the construction of improvements on roads not on the State Highway System; and WHEREAS, the City has jurisdiction over and owns the roads related to this Agreement, which are not on State Highway System; and WHEREAS, the Parties agree that it is in the best interest of each party for the Department to undertake and to complete all aspects of the Project, including the design, construction, inspection, utilities, permits, easements, and other tasks associated with those improvements that are on roads not on the State Highway System. TERMS NOW THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 247 FM No. 427505-2-52-01 Page 2 of9 1. The recitals in this Agreement are true and correct, and are incorporated herein by reference and made a part of this Agreement. 2. The Parties agree that the Department intends to undertake and complete project number FM 427505-2-52-0lon 43rd Street (the "Project"), depicted in the attached Project Design Plans (referred to as "Exhibit A" and attached hereto). The Project shall include improvements on roads not on the State Highway System (the "Local Roadway Improvements"), which are also depicted in Exhibit A, and all activities associated with, or arising out of construction of the Local Roadway Improvements. The City shall cooperate with and support the Department's work efforts in these regards. The Department will design and construct the Project in accordance with all applicable federal and state laws and regulations and in accordance with Department design and construction standards as set forth in Department's guidelines, standards, and procedures. The Department shall have final decision authority with respect to all aspects of design and construction of the Local Roadway Improvements. 3. The Parties acknowledge and agree that the City has reviewed the Project Design Plans up to the 60% design phase, which are attached hereto as "Exhibit A." The Parties further agree that the Department has addressed all of the City's comments regarding the 60% Design Plans, in accordance with the review process set forth in paragraph 4 of this Agreement. The Parties acknowledge and agree that the City will review all additional submissions of the Project Design Plans using the Department's review process as set forth in paragraph 4 of this Agreement. 4. The Department shall use the Electronic Review Comments System (the "ERC") to submit versions of the Project Design Plans for the City to review. When the Department places the Project Design Plans in the ERC, the Department will designate a Comment Due Date and a Response Due Date. The City must submit its comments with regards to the Project Design Plans on or before Comment Due Date, and the Department must respond to the City's comments, if any, on or before the Response Due Date. If the City does not submit its comments by the Comment Due Date, the City will be deemed to have approved the submitted Project Design Plans. This process for review of the Project Design Plans shall be referred to as the "Review Process." 5. The Review Process for the Project Design Plans will be deemed concluded when the following has occurred: (1) the Department has submitted the Final Project Design Plans to 248 FM No. 427505-2-52-0 l Page 3 of9 the ERC, (2) the Comment Due Date and Response Due Date for the Final Design Plans have passed, and (3) the Department has addressed the City's comments on the Final Design Plans that were submitted through the ERC, any (in accordance with the review process). Once the review process is concluded, City authorizes its Public Works Department to issue a permit (hereinafter "the Permit") to the Department's Construction Contractor, authorizing the Department to construct the Project in accordance with the Final Project Plans (hereinafter "the Final Project Plans") submitted through the ERC. By authorizing the issuance of the Permit, the City agrees that the Department may proceed to construct the Project in accordance with the Schedule of Work included in its Final Project Plans. The City further agrees that the Permit will not impose any conditions other than those included in this Agreement, and the terms of this Agreement supersede any conflicting terms in the Permit. The City acknowledges and agrees that, during construction of the Local Roadway Improvements, the Department will utilize the service of law enforcement officers only when required by the Department's Standard Specifications for Road and Bridge Construction, and no additional requirements will be imposed. Additionally, the City waives any permit fees that may apply to issuance of the Permit. Major modifications of the Final Project Plans that concern the Local Roadway Improvements must be submitted to the City for review using the Review Process. A Major Modification is any modification that materially alters the kind or nature of the work depicted in the permitted plans (Exhibit A), or that alters the integrity or maintainability of the Local Roadway Improvements or its components. The City will review the modifications in a manner that will not delay the Department's construction contract. Subsequent to the City's review of the Major Modification(s), the City will update the Permit to reflect the submitted changes in accordance with the terms of this Agreement. 6. The City agrees to fully cooperate with the Department in the construction, reconstruction and relocation of utilities that are located within the City's right-of-way. 7. It is the understanding of the Parties that the Department is attempting to obtain a permanent easement from the City for certain drainage improvements on the Local Roadway, which will be constructed pursuant to the Project (hereafter "the Easement"). In the event that the Easement is executed, if any of the tenns of the Easement conflict with the terms of this Agreement, the terms of the Easement shall govern as to the maintenance responsibilities of each Party for those improvements addressed by the terms of the 249 FM No. 427505-2-52-01 Page 4 of9 Easement. Otherwise, the maintenance responsibilities of each Party shall be governed by the terms of this agreement. 8. The City acknowledges that the Department will be utilizing State funds to construct the Project, and as a result thereof, the City agrees to perpetually maintain all Local Roadway Improvements, at its sole expense. To maintain means to perform normal maintenance operations for the preservation of the Local Roadway Improvements, which shall include but are not limited to, roadway surfaces, shoulders, roadside structures, drainage structures and such traffic control devices as are necessary for the and efficient use of the Local Roadway Improvements. Additionally, the Parties understand and agree that the Department shall transfer all permits for Local Roadway Improvements to City as the operational and maintenance entity, and the City to accept said transfer and to be fully responsible to comply with all operational and maintenance conditions of the permits, at its sole cost and expense. Notwithstanding the requirements hereof, maintenance during construction shall be the responsibility of the Department and its Contractor, as set forth in paragraph 12 of this Agreement. 9. The Parties acknowledge and agree that the City's right-of-way and the improvements and structures located within City's right-of-way, are and will remain under the ownership of the City, and Department will not have any ownership interest in the right-of-way, improvements, or structures located thereon or installed therein pursuant to the Project, except for those interests transferred pursuant to the Easement, if any. 10. The Department shall require its construction Contractor to maintain, at all times during the construction, regular Contractor's Public Liability Insurance providing for a limit of not less than $1,000,000 all damages arising out of bodily injuries to, or death of, one person and, subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any one occurrence; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit occurrence, a total or aggregate limit of $100,000 for all damages arising out of injury to, or destruction of, property during the policy period; or such other minimum insurance coverage that may be required by the Department for construction of the Project, in accordance with the Department's standards 250 FM No. 427505-2-52-01 Page 5 of9 and specifications. The Department shall further cause its Contractor to name the Department as additional insured on the afore-stated policies, and to name the City as additional insured on the afore-stated policies with regards to activities performed within the City's right-of-way. The Department shall also require its Contractor to provide evidence of Workers' Compensation Insurance in accordance with the laws of the State of Florida and in amounts sufficient to secure the benefit of the Florida Workers' Compensation law for all employees. 11. The Department shall notify the City at least 48 hours before beginning construction within the City's right-of-way. Such notification may be provided verbally or via email, and the notice requirements set forth in paragraph 23 shall not apply to this paragraph. The Department agrees that the City may, at reasonable times during the construction of the Local Roadway Improvements and with regards to the Project limits located within City right-of-way, inspect the Contractor's construction site and perform such tests as are reasonably necessary to determine whether the goods or services required to be provided by the Contractor, pursuant to the Contractor's Construction Agreement with the Department, conform to the terms of said Construction Agreement. Upon request by the City, the Department shall coordinate with its Contractor to provide access to the City for performance of said inspections. the City determines that the work is not being performed in accordance with the plans, specifications, and schedules which the City permitted as provided in paragraphs 3 and 4 of this Agreement, the City shall make its objections known to the Department in writing to the Department's Construction Project Manager. It will be the responsibility of the Department to make all needed corrections to assure conformity with the plans, schedules and specifications which had been previously reviewed by the City through the Review Process. 12. Maintenance of the Local Roadway Improvements during construction shall be the responsibility of the Department's Contractor. Upon completion of construction, the Department will invite the City on the Final Inspection of the Local Roadway Improvements and will incorporate valid City concerns that are within the scope of the contract into the final Project punch list to be corrected by the contractor. The Final Inspection shall be performed and the Notice of Final Acceptance shall be issued in accordance with the Department's Standard Specifications for Road and Bridge 251 FM No. 427505-2-52-0 l Page 6 of9 Construction and the Construction Project Administration Manual (CPAM). The City's presence at the Final Inspection, however, is not mandatory, and the Department shall conduct the Final Inspection, finalize the Project punch list, and issue a Notice of Final Acceptance to its Contractor, whether or not the City attends the Final Inspection. Upon issuance of the Notice of Final Acceptance to the Contractor, the Department shall provide a copy of said notice to the City. of the date of the Notice of Final Acceptance, the City shall immediately responsible for the maintenance of the Local Roadway Improvements. The Department, however, shall have the right to assure completion of any punch list by the Contractor and to assure the performance by the Contractor of remedial work covered by any existing warranties for the Local Roadway Improvements. 13. Upon completion of all work related to construction of the Project, the Department will be required to submit to the City final as-built plans for the Local Roadway Improvements and an engineering certification that construction was completed in accordance with the plans. Additionally, the Department shall vacate those portions of City's right-of-way used to construct the Local Roadway Improvements and shall remove the Department's property, machinery, and equipment from said portions of the City's right-of-way. Furthermore, the Department shall restore those portions of the City right-of-way disturbed by Project construction activities to the same condition that existed immediately prior to commencement of the construction of the Project. This Agreement shall become effective as of the date both Parties hereto have executed the agreement and shall continue in full force and effect until the Project is completed, as evidenced by the Department's issuance ofNotice of Final Acceptance. Prior to commencement of construction, the Department may, in its sole discretion, terminate this agreement if it determines that it is in the best interest of the public to do so. If the Department elects to terminate this Agreement, the Department shall provide formal notice of termination to the City, as set forth in paragraph 23 of this Agreement. 14. In the event that any election, referendum, approval or permit, notice or other proceeding, or authorization is required to carry out the Project, the City agrees to expeditiously initiate and consummate, as provided by law, all actions necessary with respect to any such matters, with time being of the essence. Additionally, the City shall conduct operations so as to cooperate fully with any such work being performed by the Department and the 252 FM No. 427505-2-52-01 Page 7 of9 Department's contractors. The City shall not commit or permit any act which may interfere with the performance of any such work by the Department or any Department contractor unless the Department agrees in writing that the City may commit or permit said act. 15. The Parties acknowledge and agree that the Project shall be constructed using State funds and that all costs incurred must be in conformity with applicable Federal and State laws, regulations, and policies and procedures. 16. The Department's performance and obligations under this Agreement are contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. Project costs utilizing fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. 17. In the event that this Agreement involves expenditures in excess of $25,000, and the agreement has a term for a period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are hereby incorporated into this agreement and are as follows: The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during any such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a tenn for a period of more than 1 year. 18. The Department is a state agency, self-insured and subject to the provisions of Section 768.28, Florida Statutes. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department's sovereign immunity protections, or as increasing the limits of liability as set forth Section 768.28, Florida Statutes. 19. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this agreement. 253 FM No. 427505-2-52-01 Page 8 of9 20. This Agreement shall be governed by the laws of State of Florida. Any provision hereof found to unlawful or unenforceable shall be severable and shaH not affect the validity of the remaining portions hereof. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 21. No term or provision of this Agreement shall be interpreted for or against any party because that party's legal counsel drafted the provision. 22. In accordance with Executive Order No. 11-02 all Department Vendor/Contractors shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of; 1. all persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Vendor/Contractor to perform work pursuant to the contract with the Department. 23. All notices, requests, demands, or other communications required or permitted to be given under this Contract shall in writing and shall be delivered in one of the following manners: personally, via express mail service or mailed by first-class, registered or certified mail. Any notice, request, demand, or other communication made pursuant to this paragraph shall be deemed to have been received by the addressee at the earlier of such time as is actually received or seven (7) calendar days after it is mailed. Unless otherwise notified in writing, notices shall be sent to the following: To the City: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 To the Department: Director of Transportation Operations State of Florida, Department of Transportation 1000 N.W. 111 th Avenue, Miami, Florida 33172 254 FM No. 427505-2-52-01 Page 9 of9 A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this paragraph. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates exhibited, by the signatures below. STATE OF DEPARTMENT OF TRANSPORTATION By: ____________________ _ By: __________________ __ Name: Name: Title: Title: Director of Transportation Operations Date:--------------Date:------------ Attest:----------- By: Title: Approved as to form and legality: Department Legal Review: By: City Attorney 255 .......................... Attachment C Florida Department of Transportation RICKSCOIT GOVERNOR Fred Beckman, P .E. The City Of Miami Beach Public Works Department 1700 Convention Center Drive Miami, Beach, Florida 33139 ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P.NO.: STATE ROAD NO.: COUNTY: PARCELNO(s).: Dear Mr. Beckman: 4275052 SIX N/A 1000 NW 111 Avenue Miami, Florida 331 72-5800 October 19, 2012 SR-AlA (Indian Creek Drive) Miami-Dade 800 ANATH PRASAD, P.E. SECRETARY The Florida Department ofTranstfortation, District VI, is proposing a project on SR AlA I Indian Creek Drive from 42nd Street to 44 Street. This segment consists mainly of residential use and the purpose of the project is to upgrade storm water drainage systems, add shared bicycle lane, adjust existing sidewalks and ramps to comply with ADA standards as well as to perform milling and resurfacing of the roadway. The Department has the need to obtain a donation from City of Miami Beach; pursuant to Section 337.29, of the Florida Statues and the Florida Department of Transportation Right of Way Procedures for acquiring rights of way from other governmental agencies. Parcel 800: Easement is being requested for the installation and future maintainance of a drainage pwnp station. The parcel contains 3,181 square feet, more or less. www.dot.state.fl.us 256 Page2 Therefore, we have attached the following documents for your review and to begin the process to allow this item through appropriate meetings for approvals: 1. Legal Description and Parcel Sketches showing location and size of parcels 2. Proposed Perpetual Easements and Resolution Instruments prepared by the Department 3. Right ofWay Acquisition Brochure and Donation Form 4. Project Fact Sheet 5. Photos of Proposed Parcel Area 6. Pertinent Contract Plan Sheet We look forward to working together for the fulflllment of our Public Service mission. If you have any questions, and/or need additional information please contact me at 305-4 70-5157. Sincerely, /' Enclosures Cc: Javier Bustamante, Alejandro Casals, Diego Rivadeneira, Richard Lineberger, Richard Saltrick, Jose Gonzalez, www.dot.state.fl.us 257 07-PE.B This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department of Transportation lOOON.W. lllth Avenue Miami, Florida 33172 October 8, 2012-NE Parcel No. : 800.1 Item/Segment No. : 427.505-2 Managing District : 6 PERPETUAL EASEMENT TillS EASEMENT Made the __ day of , 20 _,by THE CITY OF MIAMI BEACH, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee. WI1NESSETII: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of constructing and maintaining a Drainage Pump Station in, over, under, upon and through the following described land in Miami-Dade County, Florida, viz: PARCEL800: F.P. No. 427505-2 Being a parcel ofland lying in the Southwest one-quarter(~) of Section 23, Township 53 South, Range 42 East, and lying within the right-of-way of 43rd Street (formerly known as 19th Street) as depicted on the AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVE..MENT COMPANY, according to the plat thereof, as recorded in Plat Book 5, Page 8, in the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: BEGIN at the Northwest comer of Lot 13, Block 38 of aforesaid Plat, said point lying at the intersection of the East right-of-way line of State Road AlA (Indian Creek Drive) with the South right-of-way line of 43rd Street, as shown on the Florida Department of Transportation Right of Way Map of said State Road AlA, Project No. 2507 4 7-1, last revised on 06/01/2006, said point hereinafter referred to as Point "A"; thence N 07°27'28" E, along the northerly prolongation of said East right of way line of State Road AlA (Indian Creek Drive), 37.14 feet; thence N 04°40'09" E 12.88 feet to the Southwest comer of Lot 7, Block 40 of aforesaid Plat, said point lying at the intersection of the East right-of-way line of said State Road AlA (Indian Creek Drive) with the North right-of-way line of 43rd Street; thence S 82°30'35" E, along said North right-of~way line of 43m Stree~ 28.75 feet; thence S 07°29'25" W 10.59 feet; thence S 82°01 '36" E 153.41 feet; thence N 07°29'25" E 11.88 feet to the intersection with the aforesaid North right-of-way line of43rd Street; thence S 82 °3 0 '35" E, along said North right -of-way line of 4 3 rd Street 18.62 feet to the intersection with the West right-of-way line of State Road AlA (Collins A venue), said point being the Southeast comer of Lot 5, Block 40 of aforesaid Plat; thence S 07°26'37" W, along the southerly prolongation of said Eastright-of-wayline of State Road AlA (Collins Avenue), 21.04 feet; thence N 82°01 '36" W 172.04 feet; thence S 07°27'28" W 30.41 feetto the intersection with the South right-of-way line of 43rd Street; thence N 82°30'35" W, along said South right-of-way line of 43rd Street 28.12 feet to the POINT OF BEGINNING. Containing 3,181 Square Feet ofland, more or less. TOGETHERWITH · A parcel ofland which is bounded on the North by the southerly line of aforementioned Lot 7, Block40 extended westerly across Indian Creek Drive to Indian Creek, bounded on the South by the northerly line of aforementioned Lot 13, Block 3 8 extended westerly across Indian Creek Drive to Indian Creek, bounded on the East by the West right-of-way line 1 of 6 258 of State Road A 1 A (Indian Creek Drive), and bounded on the West by Indian Creek, and being more particularly described as follows: COMMENCE at aforesaid POINT "A"; thence N 82°30'35" W, along the westerly prolongation of the South right-of-way line of 43rd Street, a distance of 105.88 feet to the intersection with the West right-of-way line of State Road AlA (Indian Creek Drive), as shown on aforesaid Right of Way Map, said point being the POINT OF BEGINNING of the following described parcel of land: Thence continue N 82°30'35" W 32.47 feet; thence N 04°21 '08"E 50.08 feet to the intersection with the westerly prolongation of the North right-of-way line of 43rd Street; thence S 82°30'35'' E, along said westerly prolongation of said North right-of-way line, 34.30 feet to the intersection with the aforesaid West right-of-way line of State Road AlA (Indian Creek Drive); thence S 04°40'09" W, along said West right-of-way line of State Road AlA, a distance of 18.00 feet; thence S 07°27'28" W 32.02 feet to the POINT OF BEGINNING. Containing 1,683 Square Feet of land, more or less. Containing a total area of 4,864 Square Feet ofland, more or less. DD/CK/1 0/04/2012 AS SHOWN ON EXHIBIT "A". ATIACHED HERETO AND TO BE MADE A PART HEREOF TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: -----------------------The CityofMiami-Beach Its City Clerk STATE OF FLORIDA COUN1Y OF MIA..W~DADE Address rne foregoing instrument was acknowledged before me this __ day of 20 _,by ---------------------------- Mayor, who is personally known to me or who has produced as identification. (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any:--~~~~--- 2 of 6 259 EXI"·fiB1T "A" GI!NI:.RAL 1\0TES: -T.H!S TS UOl' A SURVH ~ Rt!)f'O O:f this 1¥\a!) ate no:. valid vvltlnn.tt tile signature i!Jfld sea! of !:tie Florida Ll~nsed Sutvey~>r and lOili! ua. o;tm: r;tt. ar:f'\\ls sbow"1 h~utan ril rlllferenterJ to the Baseline of Stmlt"if of' 43rd Street, htntlrtg .a llwnng of s 82"30'35' F. a.s Jliown 0"< the Flna t>euartlncrtt or Tromportatlnn Pmj'i'!d NcLwork CcntrQI fQf St:a~ Aoad AlA, tomp:l~t! Dn 05/08120ll orn414 corp,, rot Proirn No, 421SOS 2. • n '!.t'te t:OO:ul~tlun ami vrnp~u.atl;;n of the legal dii!Uir;rlptton was proVIdQd by the FOOT Project. Mottlil!}er ftlr tsid Ptoj;;ct No, 427SGS·2, · Additions ondior rie 1etions to survey maps. sketches or reJM!rL:.~ by any ~'lrty ()tl'ler tna"' Lhl;! ~igl"'in; party !Ire prohibited without .tl'le wrltter c:ons.c:nL ~( Lh• signing PiV"'¥ LEGEND: ' -SA!t~llna -Parc.el Io111ntlflutlon Num"l!'r F)( • FKistin!J FDOT · FIOI'idil D~p<ulrmmL or , "'Zinsportatlon F.P. • Financial Project NO.-Numbt~r (PJ -Plilt P.B. -Plat Book ~. Page PT -Puin~ 1]1' (1te~ection PNC -Prtljt:!c:·. NeLYJark t:llnlrul RGE. • Ran,e RT · P.igllt II.J\IIt • Right-nt-W.-y S!:C. -Sactlor. S.R. · Stolte R.Odtl 5TA. · StatiDn TWP. • Township -;,is dotume"lt consist; of tilree (.:n sheet$ and sl'lall no-: ~c-conslei(I'CCI 1u11, vallol, and cam a ate unless eiiiCh sheet :-. att11c:l•ed tc.a 11\e ulh~f. FLO R.l DA D EPA Ftrt-\.'EfoJ;r.;"''f=1'fRA N 5POR.TATION DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION SECTION a7D&O SHEET 1 OF ~ 3 of 6 260 EXHJBJT 11 A 11 LEG~l IJESCI'\!f'fiON PARI:EL SDO; eeinQ e. pa 'eel of ar-a lymg In tM! southwest cne-quart*r CU.) af Ser.tion 23. Towmhill' !l-3 souUl, R~yc 41 E1st. lr'd lyll"g •ttlthin tl'll'! ti!Jht of w.-.v of 4~r~ Strcoct (formerly _known .}S l!iRh SL•eet) n ce~ir.ted Dn ~he! AME.NOE.:l PLAT Ul-I HI-r.u.;eAN fRONT PROPERTY OF THE MIAMI BEACH IMPROVEti'IENT COMPANY, 8(.COrdi•1g lO ~hfl pial therwf, liS •cc:ordcd in Pl&t Boolo; 5, Pilge S, in thf! Public: 1\~c-ord!i of ~4 ami-D!!idt Col.ln~y. Floridc, 11nd b~:ing ITI:Jre particuiDrly Elescrlb4>.d ;u fQIIows: ru:.GlN ~t >h~ Nortl'twost ecrner <Jf Let 13, Blllt:k 38 ol' L'ltoresuld Pfat, a!d Pi)lnt! n or !he Ea.sL righL·t.ti·Pl~tl1 lim: of Stilt~ Road A1A Cl1rll.an CrAPk Drhta) vtlth ~South 1 ne of 43rd Slnoi!!!t, ali !'rovm fill the Fl«'r.ia Depzt·t~'lt Of 'Ira s!.lltl Sl.ld . .e: d A !A, Pr-aier::t Na. 250747-1, las; rev!~ , as f'loinl:: 'AQ; thence N 07'21 28'' 1::. alon9 ttN! rR)tlh!riy af S;\ld Ent 1\oad AlA (fuui&n Cree:k ori ... ct !7.14 feet; t:herce N 4•40• E 12 .ea feet to Let 7, Block 40 cf o~l'orE.~oillu P'il~ said paint lying at the inteno;ectign af thG f'liSI" right cl'.vta~ .Inc o:". i~ Stale Roa.d A :.LA (fodiilll cre,k D·iwll') with t1e 'llorth riQht o• MY ~r.c-Df 43rd StN!:~t; t"'a!'\t<l S S2 E'l Nor~h rigllt-of·Wil\' ine or 4lrol Slfec:l, 28. 7S. rc~t; t.,enr::e 5 t:rr•29'25u Vi !ID.S9 fui:: 315" E .UJ.-41 feet; th~ce ~ 07°29'15'' E ll.S.B ~eet ta the lntl!~tion Vt'itt< tha afaM~tald North l'lgl'lt..at~w~y li."'e ttf 113m s•.rt~eL: t:nmc:e 5 824 30'.35" E; along uld Nnl"!il rl ·hi-way ilnf' of 4Jrtl Sit~ 19.62 fe.t t.ey l;he inb.!rA>ec:t:io-n with the We!it right-l)f-way line of Stite R {.CoD!ns Avenue,. •~ld polnt being thfil Snut:.,eust corrter of I o-:-9, Block 40 of afore:sala Pial; ;he:nu: s ur~2fi'l1'* W, 61ang the ltPt..tl"erly pm nn~nt!nn ¢f said ease rlght•Ot-¥'tay .• 'ne or :SI.fl;e Rc:JIHJ AlA IC:DIIIns 1\venJe). 2Ul4 fe • thert::e N .S2"t'l1'~1)' w 112,()4 fwl; lh~m;e S Oi' "27'28" 'ill .3D A 1 "'eet t-o the inbi!11iettiorr with t~e t·o thent:A N B2.30'3S" W, illong ~e-'d 5Dutr rllJht·o~-'tta~ line of 4 !i-Lrect 2B.l2 w l:hE! POlNf OF BFt'llNNTNG. t;o1talr.lng 3,181 SQU;)ilfil FQet or 1~·1d. more or less. TOGETiiERWJTH A n~r.:P-<1 of l;mt;l Ytl'llc::h Is boundad on Lhw 'Jurlh by Lh11 sc:Jutharly li,.,. of 11forerr.e11ioned LOt 7, Block 41:t cx~end~d wc&terly aeros.! Jndl~n Creek Drive tn lrdl11n C..-..f!lr, bo~nder:l on the South by Ulc northerly fine af alcramantiorec Lot 13, B'ock 3S RrlP.1dP.-d WP.t;1f("rly AC'OSS lndlilln Creek [lrlve to Inlli11r C·eek., bounded on the Ent by the West rlght-or-w~ty li'le af State RDad AlA Undlan Creole: DriV.:!{, i1no bcunded on the WE!st by l1dia-. C•eelc, al'\d being more pl)r~lcufarly Ci~M~crlb.ad o.~ fOII~~·m COMME~C:E &t afo't:Snill POJNr "A'': thenra Ill P.2"30'35" W, along the w~sterly proiJJny,.liDn of the s~uth righl-uf ... ¥aV Una of 4lrd Str~. a tiL~nr:P nf i I}!;J.IJIJ *'"' to ttl<> lrtC!rsc:ctlon w th the We!il rlght-of·Wii'Y li1e o'" $tat$ l!.uad AlA Hf\dlan ("UK Oti~l. as shcvm on aforesaid Right llf W~y l.'lilp, 5aid point bP.ina the POillll OF at:GlNNlN.$ ilf th~t fo!!tlwlng o~crlbc:d ptm::cl af lond: "Thence c:anlinL.e N 82~30'35" W 12.47 faet: thoenca N <.14•21'06" 1: W.OY f~et to tl'~ intersection with tt-.. west:arly ~rclangatign ot the Norttt rl<:dll or "'a'l lint or 4Jnl 5Lrct:IJ lltt:l'll'!t: s l!l2l!Q•3s• E. along !lol!o[O we5ottrly prolc.rgat.lol't of said ....,.,Y line, 34.30 reel to !:he interse!:1:ion with ttl~ aforuald \o'u'tst r1gl't•Of•IAIIY I nE: or Sta:e RO"ei A amn Creek Drive); them:e S 04.'"40'Qg" W, ahmq S:i\lld \'V~St r'l!lhl·ur-woily llfle ar st.:.:e .fi.Oi)tl AlA, ill ttlsl:am;e of HMiO feet; thenc;e s 07~27'2tlu W ~;a.~ 'k!ct to' tM POINT or BEG!NNINIJ.. r:ontalnlng 1,68~ Sql.iUCo FGet ot 1~11d. mare ur less. Containing D totll oi!H1!B C"lf .,.af:l.q Squ~re feoe<t or land. more or ~55. THIS IS NOT A SURVEY •• This clocumnnt C:OI'IIS.iit.' of thl"ll!e (3~ sheets' ond ,,,II not be consld~relJ t.all, vdlid, and c.ornl)l~"" url~;~1111o ~ac,, :Sheet Is at:tache.:. to the atller, FLOAlDA DEP'ARTI\III!NT 01" TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTJON '"'" ...... , II'I!'Yr n1;no f,T f F.P, IJQ. 427!i\l:i-jj 4 of 6 261 MJJJ.N[.lJ.6.DE COUNtY ET 2.0F" l N Ul I 0') 0 H> N 0\ . I 1 ~~l "N OA -· ~ I 1.1.1 w ~ u ~ I ~ ~ ~ I --· I~ I~ l~ Ul lu.J ~ I . ,.... 1§ 76" -----_...,.. Lil w <~ -it c:o. Plio! ""Ujo Ou.l a:." lJJU I-:~ ~! illo 1! '1/5 01•27•2B• W 32.01' • < Jfl5.&8' f:::·~:·w BEGINNING I N 82"30'3S" w I 32.471 T'li:i dDcument <:OI'!>Isti a.f :1-ri!e (3) ~he!l'l:io <~ml I .. $0' :shall 'lnt be r.tlll$1dere-d t\IIL .rill d, and mmpll!te u nh!liS ech she~t is :att:lclled to the oUoP.r. THJS lS NOT A SURVEY Fl.OP.lDA DEPAFITr.tENT OF TRANSPORTATION SKETCH TO ACCOMPANY11------1 LEGAL DESCRlPTION EXHIBIT .. A .. .AMENDEI> rLA.T Of ll1E OCEA.rt FRONT Plt.OJtEI\iY OF THE NUANl BEACH JHPR.OVI:MI:NT CO~PANY P.B • .S, PG. 8 6LOCKI40 7 s 5 32"10'35" E 18.521 s 07 .. 291'25" w I N Ol'•2!3'Z5" E lC.59' 11.88' 'I!,. , EXIST. tiomlt1 Blfl U!\IE SURVEY PER PNC:: OJECT .,::Z75C5-2., DATED OSJOa/2012 ~<iii :r -~ . ...:z ii:! ~~ ii:l~ ~; w ~::l 3: OII(...J ..... o Iii. Ul~ ...... !i( U) w -30' --'""""! imf""', """""","""'sOiii'k"itw".,...,l.l!IE"""""",...._J..,,-o.,~,•,.,:Pr {PER RJW MAP S.J\, AJA PROJECT NO. 2~747·1) atoeK 3a STA.l(!+30.0 1 25.0Q'R.T (43RD ST.) 12 Jl 120 • N EA.MI-DADE COUNTY ~u....t.m =~ =ta:=..t IJ:Irlll&.l ~ F.P. NC. 427~05-2 3 Qf J This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department of Transportation lOOON.W. lllt!i Avenue Miami, Florida 33172 October 8, 2012-NE Parcel No. : 800.1 Item/Segment No. : 427505-2 Managing District : 6 RESOLUTION ON MOTION of Commissioner ------~-----'' the following Resolution was adopted: seconded by Commissioner WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. A-l- A, Item No. 427505-2, in Miami-Dade County, Florida: and WHEREAS, it is necessary that an easement across certain lands now owned by The City of ____ ,, Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State ofFlorida Department of Transportation a perpetual easement, or easements, in favor of the State ofFlorida Department of Transportation for the purpose of constructing and maintaining a Drainage Pump Station, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami Beach, Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or easements, is for transportation purposes which are in the public or community interest and for public welfare; that a perpetual easement, or easements, in favor of the State of Florida Department of Transportation in Miami-Dade, Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $ ____ , BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. STATE OF FLORIDA COUN1Y OF MIAMI-DAB I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of Miami beach, Florida, at a meeting held on the __ day of , 20 __ . ATTEST: Clerk (or Deputy Clerk) of the Circuit Court (Affix County Seal) Its Chair (or Vice-Chair) The Board of City of Miami Beach, Florida, By its Board of City Commissioners By: (Address) 6 of 6 263 57lHl30-12 RIGHTOFWAY RICKSOOTI GOVIRN<m' Florida Department of Transportati(Jn 1000 :lim' 111 Avenue ANANTH PRASAD, P.E. 0!1/99 Miami, FL. 33172 SECRETARY Donation of Property to the.Fiorlda Department of Transportation Fred Beckman, P.E. The City OfMiami Beach Public Works Department 1700 Convention Center Drive .Miami; Beach, Florida .33139 ITEM/SEGMENT NO.: 4275052 MANAGING DISTRICT: ...:;S::;..;IX~;;;.;;;;;...-------'"""'-__,_ F.A.P. NO.: . • ;..;N/:.:..A::............ _________ _ STATE; ROAD NO.:. A1A (Indian Creek Drive) COUNTY~ MIAMi~DAOE PARCEL NO.:· 800 --------------------------INTEREST CONVEYED: PERPETUAL EASEMENT This is to advise that the undersigned, as owner of the property oi' property interest referenced above and as shown on .Right of Way maps for referenced project, desires to make a·voluntary donation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her rig.ht to have the.referenoed property or property interest a rai~ed. lo accompany the appraiser during the appraisal Inspection of the property, to receive full for the above referenced property, -an'd to ·receive reimbursement fo{ reasonable fees.and costs il'lcurred, If any. H been fully.lnformed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Sfgnature Type or Print Property Owner's Name Street Address City, State, Zip Code Date www.dot.state.tl.us 264 SR AlA/Collins Avenue/Indian Creek Drive along 43 Street Project Identification Numbers: 427505-1 and 427505-2 The Florida Department ofTransportation (FOOT) District Six is developing the design for a roadway project along SR AlA/Indian Creek Drive and a drainage improvement project on SR AlNCollins Avenue/Indian Creek Drive along 43 Street, in the City of Miami Beach, Miami-Dade County. SR AWindlan Creek Dr!ve from 4Z Sqeet to 44 Street Proiect ldentificaSlon Number; 427505-1 • Repaving and restriping the road • Repairing sidewalks, curbs and gutters • Upgradin& pedestrian ramps to comply with current standards • Installing new traffic signs • Installing shared-lane bicycle markings (Sharrows) along SR AlA/Indian Creek Drive • Eliminating parking spaces along SR AlA/Indian Creek Drive to reduce line of sight obstructions • Installing slgnage at the 43 Street approach to restrict left turns at certain times from 43 Street to southbound SR.AlA/Indlan Creek Drive • Relocating two palm trees as a result of the median upgrades SR AW<:piUns Ayenue/Jndlan Creek Drive along 43 5treet Pr9iect lthmtlflcatlon Numblr; 427505-2 • Upgrading storm water drainage systems • Installing a pump station near SR AlA/Indian Creek Drive • Adding a polh1tlon control structure to the drainage system to protect water quality • Relocating palm trees along SR AlA/Indian Creek Drive PUBLIC MEETING NOTICE PROJECT DATES Construction Is expected to begin in March 2014 and last about 12 months. ESTIMATED CONSJBUCTION CQSI $1.2 million PQSS!BLE EFFECTS DURING CONSTRUCTION Temporary road closures, detours and interruption of traffic flow during construction of the roadway upgrades. Access to and from adjacent neighbomoods and businesses will be maintained during construction. The detour route will be clearly tndicated with directional signs. MAINTENaNCE Of TRAFFIC Work will be done in phases to reduce effects of construction on the community. Driveways and entrances to homes and businesses will stay open. Any driveway work will be coordinated with each property owner and done at a mutually convenient time. In order to offer you the opportunity to review the projects' design and answer your questions, we invite you to join us: TIME AND DATE PLACE 6 p.m. to 8 p.m., Tuesday, September 11, 2012 St. Patrick Parish School, Barry Hall, Room 1 3700 N Meridian Avenue, Miami Beach, FL 33140 The meeting will follow an informal format allowing the public to arrive at any time from 6 p.m. to 8 p.m. Graphic displays will be shown and FOOT representatives will be available to discuss the project and answer questions. Your participation is encouraged and will give us the opportunity to listen to your comments and address any concerns that you may have. Public participation at this meeting is solidted without regard to race, color, natiar.~al origin, age, gender, religion, disability or family status. Persons who require special accommodations under the American with Disabilities Act of 1990 or persons who require translation seNices (free of charge) should contact;. at least seven days prior to the meeting, Brian Rick at {305) 470.5349 or in writing at FDOT 1000 NW 111 Avenue, Miami, FL 33172 or by email at: brian.rick@dot.state.f/.us. FOR MOR£ INFORMATION • If you ha11e any questions or comments, plea~e contact FOOT Public lnfor·mation Specialist Amparn Vargas by te-lephone at (305) 470·5439 or bv email at amparo .vargas@dot.state.fl.u~. Pleo~se let us know how you prefer to receive informo~tion about future projects (mail, email, or other). Your comments are important to us. Please visit our website: www.fdotmlamldade.com. Thank you for your partldpati~!'· Follow us on Twitter @MyFDOT_Miami ISC/A.V ~l. Rev. 5/23/MU 1000 fllW 111 A~, Ml<lml, FL 33172 265 ~: ~ _I;:JL..,.diiil"'~ " 266 43rd St. Facing West-toward location of proposed pump station 267 Indian Creek, just north of 43rd street, facing west 268 Corner of 43rd street & Indian Creek, facing east 269 Corner of 43rd street & Indian Creek Drive, facing east 270 N ....... ~ >< l!.J ~ ~ ~ ....._...... -Feer 14 ~=c;;;;;;;;;;;;;;;;;= ,,-,= ~ ~ g ~ ~ "' ~ ::; ~ e ~ ~ ~ ~ w " § ffi ~ ::; ~ ~~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida, Approving The Sole Source Purchase Of The Matching Trash Receptacle From Recycle Clear, The Manufacturer Of The Recycling Receptacle Provided Under The Coca-Cola Sponsorship Agreement, In The Estimated Amount $34,400 For Fiscal Year 2012/13, And Waiving By 5/7ths Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be In The In The Best Interest Of The City. Key Intended Outcome Supported: Enhance the Environmental Sustainability of the Community and Improve Cleanliness of Miami Beach Rights of Way Especially in Business Areas. Supporting Data (Surveys, Environmental Scan, etc.): Under the 2012 Community Survey, the City of Miami Beach received moderate ratings on its efforts to be green (66% positive) and on its sustainability initiatives (63% positive). Item Summary/Recommendation: Coca-Cola has designed a custom recycling bin and matching trash bin, with die-cut messaging that can be placed together to create a dual unit. In the Euclid Circle demonstration project, Coca-Cola's recycling bin was the most successful prototype, having the least amount of cross contamination and largest quantity of recyclables present. The City needs 43 dual units (43 recycling bins plus 43 trash bins) to serve Lincoln Road. Per its Sponsorship Agreement, Coca-Cola will provide the 43 recycling bins. However, the City will need to purchase 43 matching trash bins designed by Coca-Cola to provide a uniform dual unit. The cost per individual bin designed by Coca-Cola is $800. The trash and recycling bins are priced individually. Coca-Cola has committed to provide 43 individual recycling bins to be installed, at no cost to the City. The City would be responsible for purchasing the 43 matching trash bins to complete the 43 dual units necessary along Lincoln Road. Recycle Clear is the sole manufacturer of the recycling and trash bins designed by Coca-Cola, which has several patented features in the design. This request for a sole source manufacturer will ensure continuity and unity for the Lincoln Road ROW recycling and trash dual units. It should be noted that outside of Lincoln Road, there are approximately 790 trash receptacles and 74 silver urban style standalone recycling bins throughout the City. These existing trash receptacles cost $1,200 per receptacle to replace at the end of their life cycle. If in the future, the City decides to replace all of the 864 trash and recycling receptacles with the trash and recycling bins designed by Coca-Cola, Recycler Clear would be the sole source supplier. At $800 per bin, the total cost of replacing all 864 existing trash and recycling receptacles is $691 ,200; therefore the City Administration recommends that the City trash and recycling bins, only be replaced after they have reached the end of their 4 to 6 year life cycle. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. Advisory Board Recommendation: On July 9, 2012, the FCWPC recommended that the Commission approve the Coca-Cola recycling receptacle design and include a matching trash receptacle. On September 11, 2012, the HPB recommended that Coca-Cola develop a design more consistent with the unique characteristics ofthe City. On October 2, 2012, the ORB recommended that the City move forward with the proposed dual bin design. Financial Information: Source of Funds: 1 2 3 Total Amount Account $25,000 365-2558-069359 $9,400 301-2558-069359 Financial Impact Summary: At $800 per bin, the total cost of replacing all 864 existing trash and recycling receptacles is $691 ,200; therefore the City Administration recommends that the City trash and recycling bins, only be re laced after the have reached the end of their 4 to 6 ear life c cle. Director T:\AGENDA\2012\12-12-12\Recycling Bin Summary.doc MIAMI BEACH 272 KGB AGENDA ITEM DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of t~etJity Commission Kathie G. Brooks, Interim City Manag,r .,/;( ;-· December 12, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SOLE SOURCE PURCHASE OF THE MATCHING TRASH RECEPTACLE FROM RECYCLE CLEAR, THE MANUFACTURER OF THE RECYCLING RECEPTACLE PROVIDED UNDER THE COCA-COLA SPONSORSHIP AGREEMENT, IN THE ESTIMATED AMOUNT $34,400 FOR FISCAL YEAR 2012/13, AND WAIVING BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE IN THE BEST INTEREST OF THE CITY. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the resolution. FUNDING Funding will be provided from the following accounts for Fiscal Year 2012/2013. • $25,000 RDA City Center Projects-Trash Receptacles Account Number 365-2558-069359 • $9,400 Capital Projects Not Financed By Bonds-Trash Receptacles Account Number 301- 2558-069359 BACKGROUND City staff, at the urging of the Sustainability Committee, has investigated improvements to the design of the recycling bins currently deployed throughout the City, as it has been established that placing recycling bins next to trash bins improves recycling rates. The Finance and Citywide Projects Committee (FCWPC) recommended that during FY 2012/13 budget discussion, staff determine the number and locations of recycling bins that are needed in the right-of-way (ROW), and present a cost comparison for the current silver bin, the Coca-Cola recycling bin, and/or the Big Belly recycling bin. On May 17, 2012, the FCWPC reviewed the Euclid Circle recycling bin demonstration. In the Euclid Circle demonstration project, Coca-Cola's recycling bin was the most successful prototype, having the least amount of cross contamination and largest quantity of recyclables present. On July 9, 2012, FCWPC determined that the Coca-Cola recycling bin design was the most cost- effective model, approved the Coca-Cola design, and recommended that a dual recycling and trash receptacle be developed and installed as a pilot project along Lincoln Road. The Committee 273 City Commission Memo -Lincoln Road Trash Bins December 12, 2012 Page 2 of2 recommended that the Historic Preservation Board (HPB) and the Design Review Board (ORB) provide comment on the design. On September 11, 2012, the HPB passed a resolution encouraging Coca-Cola to further develop the design for the containers in a manner more consistent with the unique design characteristics of the City of Miami Beach. On October 2, 2012, the ORB passed a resolution recommending moving forward with a more rounded metal rain hood, with the inclusion of the Miami Beach logo to be located on the trash container in addition to its location on the recycling container. On October 24, 2012, the City Commission passed a resolution approving the design of the recycling receptacle in the color silver to be provided under the Coca-Cola Sponsorship Agreement, the design of a matching trash receptacle in the color blue, and the replacement of containers as needed. Coca-Cola has designed a custom recycling bin and matching trash bin, with die-cut messaging that can be placed together to create a dual unit (Attachment A). ANALYSIS The City needs 43 dual units (43 recycling bins plus 43 trash bins) to serve Lincoln Road. Per its Sponsorship Agreement, Coca-Cola will provide the 43 recycling bins. However, the City will need to purchase 43 matching trash bins designed by Coca-Cola to provide a uniform dual unit. The trash and recycling bins are priced individually. Coca-Cola has committed to provide 43 individual recycling bins to be installed, at no cost to the City. The City would be responsible for purchasing the 43 matching trash bins to complete the 43 dual units necessary along Lincoln Road. The cost per individual bin designed by Coca-Cola is $800, which is the cost paid by Coca-Cola. Recycle Clear is the sole manufacturer of the recycling and trash bins designed by Coca-Cola (Attachment C). The Recycle Clear product has several patented features, which is another reason why a sold source purchase is required for this design. This request for a sole source manufacturer will ensure continuity and unity for the Lincoln Road ROW recycling and trash dual units. It should be noted that outside of Lincoln Road, there are approximately 790 trash receptacles and 74 silver urban style standalone recycling bins throughout the City. These existing trash receptacles cost $1,200 per receptacle to replace at the end of their life cycle, which is four (4) to six (6) years. If in the future, the City decides to replace all of the 864 trash and recycling receptacles with the trash and recycling bins designed by Coca-Cola, Recycler Clear would be the sole source supplier. At $800 per bin, the total cost of replacing all864 existing trash and recycling receptacles is $691 ,200; therefore the City Administration recommends that the City trash and recycling bins, only be replaced after they have reached the end of their 4 to 6 year life cycle. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution. Attachments: A. Dual Recycling and Trash Receptacle Design B. Recycle Clear Product Patents KGB/MAS/FHB/JJF/RWS/ESW T:\AGENDA\2012\12-12-12\Recycling Bin Memo.doc 274 N ....... CJ1 1' recycle cans & 1' W.. plastic bottles W.. .MIAMI BEACH • • give it l)ctck. . . Dimensions of each bin Footprint 23" x 22" Height 40" (without rainhood) Attachment A Outdoor Bin design -Leveling Feet (4/bin} Anchor holes available for securing to concrete -2/bin -Bins made from 82% recycled steel (68% post consumer and 14% pre consumer) -Includes BLACK inside bin made with 1 00% post consumer HOPE plastic (#2) • -SILVER recycling bin: BLUE (pantone 27 47} metal backing -BLUE (pantone 27 47) trash bin: SILVER metal backing -BLUE paint: Pantone 27 47 -RAINHOODS: Metal (same color as bin) with 4.5" bevel 1n middle/8" side height Recycle Clear Innovative Recycling Solutions www. recycleclear. com Attachment B 221 0 S 54th Street Milwaukee, WI 53219 414-431-0651 414-431-0652 (Fax) Thank you for choosing Recycle Clear. We take pride in providing quality, easy-to-maintain products for all your recycling needs, indoor or outdoor. Our commitment to recycling prompted us to create attractive, customizable solutions for recycling in your community, and beyond. Recycle Clear products are manufactured in Milwaukee, WI from 82°/o Recycled Steel. Our products have unique features in them themselves which makes them different from any other recycling container. Our products have Patent #'s US 7,642,915, US D579,617, US 8,042,703, US D617,519 Trade Marks 3,680,114, 3,719,561, 3,719,558 and numerous patent pending statuses since February, 2008. Recycle Clear is the sole manufacturer of the Recycle X™ Recycle X2™, Recycle X3™, Recycle 3™, and the Recycle Pro Series. Our Products sell under Riverwest Engineering & Design -DBA Recycle Clear. We hope you are completely satisfied with your Recycle Clear product and that you will think of us for all your future recycling needs. Your feedback is welcome and encouraged at Recycle Clear. If you can imagine it, we can build it! Sincerely, The Recycle Clear Team 276 TO u 277 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and the City Commission of the City of Miami Beach, Florida, receiving the Incentives Review and Recommendations Re art from the Affordable Housin Advise Committee. Key Intended Outcome Supported: Increase access to workforce or affordable housing. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, 34% of respondents find the availability of affordable housing to be the most mportant business challenge for Miami Beach; trending up from 18% of respondents in the 2009 survey. Item Summary/Recommendation: In 2007, the Florida Legislature passed Housing Bill 1375 (F.S. 420.9076), requiring cities and counties receiving SHIP funds to appoint an eleven member affordable housing advisory committee (AHAC). The Statute requires that every three (3) years, the AHAC review the City's established policies and procedures, ordinances, land development regulations, and adopted local Comprehensive Plan to recommend actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of the property to appreciate in value. The AHAC recommendations must include, at a minimum, the review of certain incentives provided in the Statute. The AHAC held eight (8) monthly public meetings during the months of April through November, and approved the attached Incentives Review and Recommendation Report during a duly advertised public hearing held on November 14, 2012. Rule 67-37.010, Florida Administrative Code, provides further direction on how FS 420.9076 is to be followed. It requires that within 90 days after the date of its receipt of the AHAC's report, the local governing body shall adopt amendments to its Local Housing Assistance Plan (LHAP), incorporating the incentive strategies that it will implement within its jurisdiction, which were identified by the AHAC. The amended LHAP must be submitted to the FHFC by May 2, 2013. This process must be repeated every three (3) years. The Code further provides that if the City fails to timely submit its approved amended LHAP, then the FHFC shall send to the City a notice of termination of its SHIP funding. The Administration is requesting that the Commission receive the attached Incentives Review and Recommendation Report to meet the deadlines established by State Statute and Code. Board Recommendation: Affordable Housing Advisory Committee Financial Information: Source of Amount Funds: 1 2 3 OBPI Total : Financial Impact Summary: NA City Clerk's Office Legislative Tracking: I Anna Parekh Sl AP T:\AGENDA\2012\December 12\Consent\AHAC Recommenda · MIAMI BEACH 278 Account KGB AGENDA ITEM (! 7 1V~ DATE /¢-fJ.-/2. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager #L. ,. DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RECEIVING THE INCENTIVES REVIEW AND RECOMMENDATION REPORT FROM THE AFFORDABLE HOUSING ADVISORY COMMITTEE. ADMINISTRATION RECOMMENDATION Adopt the resolution. ANALYSIS In 1992, the William E. Sadowski Affordable Housing Act established the State Housing Initiatives Partnership (SHIP) Program, administered by the Florida Housing Finance Corporation (FHFC), which provides funding for rehabilitation of housing stock and homeownership opportunities for low and moderate-income households. In 1995, the City Commission approved Ordinance 95-2989, establishing the legal infrastructure in order for the City to be eligible to receive SHIP Program funds, which are derived from set-aside allocations from documentary stamp levies on real estate transactions. In 2007, the Florida Legislature passed Housing Bill 1375 (F.S. 420.9076), requiring cities and counties receiving SHIP funds to appoint an eleven member Affordable Housing Advisory Committee (AHAC) to triennially review the City's established policies and procedures, ordinances, land development regulations, and adopted local Comprehensive Plan to recommend actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of the property to appreciate in value. At a minimum, each advisory committee shall submit a report to the local governing body that includes recommendation on, and triennially thereafter evaluates the implementation of, affordable housing incentives. On February 24, 2012, the City Commission appointed the following individuals to serve on the AHAC in each of the specific categories: Robert Saland* Juan Rojas** David Smith Jeremy Glaze Muayad Abbas Stephanie Berman Mark Wohl Charles Urstadt*** Arian Adorno Guy Simani Amy Perry Citizen actively engaged in affordable residential homebuilding Banker or mortgage banker in connection with affordable housing Representative of labor actively engaged in affordable home building Advocate for low-income persons in connection with affordable housing For-profit provider of affordable housing Not-for-profit provider of affordable housing Real estate professional Citizen who serves on the local Planning Board Resident within jurisdiction Citizen who represents employers with jurisdiction Citizen who represents essential services personnel 279 Page 2 of 2 AHAC Report *Robert Sa/and was removed by the City Clerk's Office on 11-1-2012; **Juan Rojas was appointed separately by the City Commission on 9-14-2011; ***Charles Urstadt was appointed on 4-11-2012 to replace Jonathan Fryd, who resigned. The AHAC recommendations must include, at a minimum, the review of certain incentives provided in the Statute. Those statutory incentives are: (a) The processing of expedited permits or development orders to a greater degree than other projects for affordable housing; (b) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing; (c) The allowance of flexibility in densities for affordable housing; (d) The reservation of infrastructure capacity for housing for very-low-income persons, low- income persons, and moderate-income persons; (e) The allowance of affordable accessory residential units in residential zoning districts; (f) The reduction of parking and setback requirements for affordable housing; (g) The allowance of flexible lot configurations, including zero-lot line configurations for affordable housing; (h) The modification of street requirements for affordable housing; (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing; 0) The preparation of a printed inventory of locally owned public lands suitable for affordable housing; (k) The support of development near transportation hubs and major employment centers and mixed-use developments. Between April and November 2012, the AHAC held eight (8) monthly public meetings and approved the attached Incentives Review and Recommendation Report during a duly advertised public hearing held on November 14, 2012. Rule 67-37.010, Florida Administrative Code, provides further direction on how FS 420.9076 is to be followed. It requires that within 90 days after the date of its receipt of the AHAC's report, the local governing body shall adopt amendments to its Local Housing Assistance Plan (LHAP), incorporating the incentive strategies that it will implement within its jurisdiction, which were identified by the AHAC. The amended LHAP must be submitted to the FHFC by May 2, 2013. This process must be repeated every three (3) years. The Code further provides that if the City fails to timely submit its approved amended LHAP, then the FHFC shall send to the City a notice of termination of its SHIP funding. The Administration is requesting that the Commission receive the attached Incentives Review and Recommendation Report to meet the deadlines established by State Statute and Florida Code. CONCLUSION: The administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, receive the attached Incentives Review and Recommendation Report submitted by the Affordable using Advisory Committee. KGB/MS T:IAGENDA\2012\December 12\Consent\AHAC Recommendations 2012-MEMO.doc 280 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RECEIVING THE INCENTIVES REVIEW AND RECOMMENDATION REPORT FROM THE AFFORDABLE HOUSING ADVISORY COMMITTEE. WHEREAS, the City of Miami Beach has identified in its Consolidated Plan the goal of pursuing funding for affordable housing for the rehabilitation of its existing housing stock and to provide home-ownership opportunities to its residents; and WHEREAS, in 1992, the William E. Sadowski Affordable Housing Act established the State Housing Initiatives Partnership (SHIP) Program, administered by the Florida Housing Finance Corporation (FHFC), to provide funding for rehabilitation of housing stock and homeownership opportunities for low and moderate-income households; and WHEREAS, SHIP Program funds, derived from set-aside allocations from documentary stamp levies on real estate transactions, have been allocated to the City of Miami Beach; and WHEREAS, in 2007, the Florida Legislature passed Housing Bill1375 requiring cities and counties receiving SHIP funds to appoint an Affordable Housing Advisory Committee to review the City's established policies and procedures, ordinances, land development regulations, and adopted local Comprehensive Plan, in order to recommend actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of the property to appreciate in value; and WHEREAS, at its special meeting on February 24, 2012, through agenda item R9A, the Mayor and City Commission appointed the members of the Affordable Housing Advisory Committee; and WHEREAS, the Affordable Housing Advisory Committee held eight (8) monthly public meetings during the months of April through November, and approved the attached Incentives Review and Recommendation Report, during a duly advertised public hearing held on November 14, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby acknowledge receipt of the Incentives Review and Recommendation Report from the Affordable Housing Advisory Committee. PASSED AND ADOPTED THIS __ DAY OF----' 2012. ATTEST: CITY CLERK MAYOR T:IAGENDA\2012\December 12\Consent\AHAC Recommendations 2012 • RESO doc 281 City of Miami Beach Affordable Housing Advisory Committee Triennial Incentives Review and Recommendation Report November 14,2012 282 City of Miami Beach Affordable Housing Advisory Committee (AHAC) Recommendations Triennial Incentive Review and Recommendation Report November 2012 I. Background The members of the Affordable Housing Advisory Committee (AHAC) were appointed at a Special City Commission Meeting on February 24, 2012. There were a total of eight (8) AHAC meetings held to discuss incentives and formulate the recommendations report. The dates of these meetings were April 11, May 2, June 6, July 11, August 29, September 20, October 17, and November 14, 2012. A public hearing was held on November 14, at which time the AHAC's recommendations were presented in this report and approved by a majority of the committee. The recommendations report will be presented to the City Commission at its meeting on December 12, 2012. Upon acceptance by the City Commission, the AHAC's final recommendations will be referred to appropriate City Commission Sub-Committees, as appropriate for further discussion. Staff from the Office of Real Estate, Housing, and Community Development, and AHAC Committee Members will attend the proceedings of the Sub-Committees to assist in answering questions and inform the committee of its goal of amending the City's Local Housing Assistance Plan (LHAP) and/or the City Code, as may be applicable. II. Public Meeting: To solicit public input on the AHAC's recommendations, the final meeting of the AHAC on November 14, 2012, was duly noticed as a public hearing at which time the AHAC's recommendations were presented in this report and approved by a majority of the committee. This meeting notice was advertised in the Miami Herald, posted on City Hall's bulletin boards and advertised in the City's regular weekly post of City meetings. Page 1 of8 283 Ill. Statutory Recommendations: The following represents the summary of the discussions and recommendations related to the incentives provided in Florida Statutes 420.9076(4). a. Incentive: Expediting the processing of approvals of development orders or permits for affordable housing development projects to a greater degree than other projects. [420.9076(4)(a)] Synopsis of Discussion/Background: In the past, a system was in place whereby affordable housing development projects, along with City of Miami Beach's own projects were given priority processing. The 2008 AHAC recommended that the City of Miami Beach gave priority in scheduling a pre- design Conference with all relevant agencies including but not limited to: Fire, Planning & Zoning, Building, Historic Preservation, Public Works, Americans with Disabilities, and Housing & Community Development, for designated "Affordable Housing" development projects; and when the plans are ready for permitting, that first priority will be given to them with the goal of reducing the process time by 50%; further, that the City prepare a brochure that advises applicants of the application process; and the Housing and Community Development Director will act as "liaison" to coordinate and expedite the application with all relevant agencies. The AHAC further recommended that the City Manager reconfirm with the Building Department and other department heads, that the Director of Real Estate, Housing & Community Development is liaison for all affordable housing project permit issues and that it is the policy of the City to expedite permitting of affordable housing and to convene a meeting, if necessary, to ensure the implementation is in effect and working properly. Recommendation: Reconfirm the City's commitment to this affordable housing development incentive. The AHAC further recommended that the Building Department should have staff members that are dedicated to all stages of the development process, from plans review through certificate of occupancy, to assure expedited handling and approval of all affordable housing development projects. b. Incentive: The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. [420.9076(4)(b)) Synopsis of Discussion/Background: This incentive was taken up by the 1996 AHAC and the 2008 AHAC, which recommended that the City waive building permit fees. The recommendation was never implemented by the City. Page 2 of8 284 The City Attorney's office opined that waiver of building permit fees are not allowable under law. This Committee still felt strongly about the need to reduce fees to incentivize developers to do affordable housing. Recommendation: The City should continue to investigate ways to mitigate or delay payment of building permit fees to the greatest extent legally possible. This should include reviewing the legal basis that other communities have utilized to provide relief from permit fee expenses. Further, it was suggested that if fees could not be waived, then a separate reduced-rate fee schedule should be developed for affordable housing; or, that consideration should be given to ensuring that affordable housing be subject to the minimum fees available. c. Incentive: The allowance of increased density levels /flexibility for affordable housing. [420.9076(4)(c)] Synopsis of Discussion/Background: The 2008 AHAC recommended that the City consider amending its code to allow for an exception related to minimum and average size units for affordable housing, so that it mirrors the code's existing provisions for elderly affordable housing found in Section 142-1183; Secondly, allow "economic hardship" to be included as one of the variance criteria for affordable housing development projects which come before the Board of Adjustment. The modification relating to unit size was made via Ordinance No. 2011-3744, which was adopted October 19, 2011. Recommendation: Reconfirm the City's commitment to this affordable housing development incentive. d. Incentive: The reservation of infrastructure capacity for housing for very- low-income persons and low-income persons. [420.9076(4)(d)] Synopsis of Discussion/Background: This incentive was deemed inapplicable to Miami Beach. Recommendation: None e. Incentive: The allowance of affordable accessory residential units in residential zoning districts. [420.9076(4)(e)] Page 3 of8 285 Synopsis of Discussion/Background: The City already allows accessory type units to be used as residences in the case of multi-family residential zones--for example, the conversion of stand-alone garages, in-law quarters, etc. These units can have their own utilities, addresses, etc. The allowance however does not extend into the single family zones and doing so would not produce any significant benefit to allow for such. Because of the already developed environment of the City, expansion of accessory units is not practical or feasible and the committee does not make any recommendation. Recommendation: Reconfirm the City's commitment to this affordable housing development incentive. f. Incentive: The reduction of parking and setback requirements for affordable housing. [420.9076(4)(f)] Synopsis of Discussion/Background: The 2008 AHAC recommended that the City Commission consider amending the Code to allow new construction of affordable housing to have 1.0 parking space for units 550 square feet or smaller instead of the current 1.5 spaces. The reduction of setback requirements was deemed inapplicable to Miami Beach and no recommendation was proffered. This modification to the code (which applies to units of 800 square feet or less) was made via Ordinance No. 2011-3744, which was adopted October 19,2011. Recommendation: Reconfirm the City's commitment to this affordable housing development incentive. g. Incentive: Flexible Lot Configurations-The allowance of zero-lot-line configurations for affordable housing. [420.9076( 4 )(g)] Synopsis of Discussion/Background: This incentive was deemed inapplicable to Miami Beach. No recommendation was proffered. Recommendation: None h. Incentive: Modification of street requirements for affordable housing, [420. 9076( 4 )(h)J Page 4 of8 286 Synopsis of Discussion/Background: This incentive was deemed inapplicable to Miami Beach with its compact buildings with relatively small scale sidewalks and streets. No recommendation was proffered. Recommendation: None i. Incentive: The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. [420.9076(4)(i)] Synopsis of Discussion/Background: The 2012 AHAC continued the discussions of the 2008 AHAC regarding this issue, and agrees with the recommendation that there should be a staff analysis of items coming before the Planning Board that should include an inquiry asking: "Will this item have a negative impact on the availability of affordable housing in Miami Beach?" If staff analysis determines that the item may have a negative impact on an affordable housing project, this fact should be communicated to the Housing Director prior to the Planning Board meeting. The Director will then have a period of time to provide an opinion to the board as to the depth of the negative impact and whether he or she believes the costs outweigh the benefit. This recommendation was not implemented following the submission of the previous AHAC Report. Recommendation: This process should be implemented by the City. j. Incentive: The preparation of a printed inventory of locally owned public lands suitable for affordable housing. [420.9076(4)(j)) Synopsis of Discussion/Background: Since 1996, when this incentive was first taken up by an AHAC, the City has deeded all of its developable land. For the 2008 AHAC, the Housing Division compiled a list of its City-owned properties and found there are no City-owned properties available upon which to build affordable housing or for housing of any kind. A recent version of that list, presented to the 2012 AHAC, did not indicate any change in the status. The AHAC discussion was centered on a different approach to looking at the properties. Instead of looking at the City-owned properties as undevelopable, the City should analyze properties and locations to determine if there are sites that could be modified to make them developable affordable housing sites. Page 5 of8 287 Recommendation: Review and analyze the list of City-owned properties to determine if, through re-zoning or change of use, certain properties could become developable sites for affordable housing. k. Incentive: The support of development near transportation hubs and major employment centers. [420.9076(4}(k)J Synopsis of Discussion/Background: Due to its narrow geography, and numerous bus lines, there are no transportation hubs per se in Miami Beach and no need to strategically place affordable housing related to these considerations. Recommendation: None IV. New Incentives /Recommendations identified by the AHAC: a. Incentive: Finding properties such as those with significant Code Enforcement violations/liens or in foreclosure to be targeted as potential affordable housing conversions. Synopsis of Discussion/Background: The AHAC suggested that the City's lists of properties with code enforcement liens or in foreclosure/vacant status might be a good source for identifying properties that might be suitable for affordable housing development. Recommendation: Staff should review and analyze its list of properties with code enforcement liens or in foreclosure/vacant status to determine if they might be suitable for affordable housing development. Then consideration should be given to acquisition of those qualifying properties through the use of funds and fee waivers to encourage affordable housing development on those sites. b. Incentive: Assessment of additional impact fees for development of property unrelated to affordable housing. Synopsis of Discussion/Background: The AHAC suggested that the imposition of additional impact fees on developers of both residential and Page 6 of8 288 commercial market-rate properties could be used to create a pool of funds dedicated to affordable housing development. Recommendation: Staff should review the financial impact and consider imposing additional impact fees on developers of market-rate properties as a source of funds dedicated to affordable housing development. c. Incentive: Hotel developer incentives for inclusion of affordable units. Synopsis of Discussion/Background: The AHAC discussed the possibility of the City providing financial incentives to encourage hotel developers to set-aside some of their space as affordable rental units to be utilized by permanent low/moderate income tenants. This was considered not feasible. But providing space off-site might be feasible. Recommendation: Staff should review the possibility of developing incentives to encourage hotel developers to participate in the development of affordable housing by providing units off-site, or by contributing to an affordable housing fund. d. Incentive: New City of Miami Beach development projects to include an affordable housing component. Synopsis of Discussion/Background: The AHAC suggested that given the City's current mode of development, there is a potential for incorporating affordable housing units into some of the new developments. This would provide an ideal opportunity to utilize the mixed-use concept of development. Recommendation: As a starting point, the current Convention Center Project should include an affordable housing component. In the future, all development projects should be evaluated to determine if affordable housing can be incorporated. If so, then a minimum requirement for affordable housing should be set for the development of the project. Additionally, those RFPs that exceed the minimum requirement should be allocated extra evaluation points for including affordable housing as a component of the proposal. Page 7 of8 289 e. Incentive: Development of Land Trusts. Synopsis of Discussion/Background: Land Trusts have been utilized in other cities as a means of developing affordable housing. This concept is also utilized as a means of better ensuring the affordable housing that is developed can be retained for an extended time into the future. Recommendation: City staff should explore the ways Land Trusts can be utilized for developing affordable housing. Other cities that have successfully utilized them should serve as a source for investigating the pros and cons. f. Incentive: Provide financial incentives for employers that contribute to the development of workforce housing. Synopsis of Discussion/Background: If new or existing employers are willing to contribute to the development of workforce housing, either through monetary contributions or actual development, then they could be provided with some type of fee waivers or other fee reductions or credits. Recommendation: The City should provide additional affordable housing funding to supplement its entitlement funding that is received from the U.S. Department of Housing and Urban Development (HUD) and from the State of Florida. This additional funding could be utilized to fund development projects or to offset fee waivers or credits provided to the employers for their investment in affordable housing. The foregoing recommendations were adopted by the City of Miami Beach Affordable Housing Advisory Committee and are being submitted herewith for approval to the City Commission of the City of Miami Beach, Florida on this 14th day of November, 2012. Page 8 of8 290 FT 291 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor and City Commission of The City of Miami Beach, Florida, approving an assignment from Syanna, LLC as Lessee/Assignor, to Italian Food Factory, LLC., as Assignee/New Lessee, of that certain Lease between the City and Assignor, dated November 17, 2010, involving approximately 2,216 square feet of City-owned property at 22 Washinaton Avenue for use as an outdoor cafe. Key Intended Outcome Supported: To Ensure Well-Maintained Facilities Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey indicates that 80% of residents and 73% of businesses rate the appearance and maintenance of the City's property as excellent and good. Issue: Shall the City Commission approve the assignment Item Summary/Recommendation: On November 17, 2010, the Mayor and City Commission adopted a Resolution approving a Lease Agreement between the City and Syanna, LLC (Tenant), involving approximately 2,216 square feet of surplus City-owned property located at 22 Washington Avenue (Premises), for use as an outdoor seating area to serve the Tenant's restaurant located adjacent to the Premises at 816 Commerce Street. Since its opening in February, 2011, Syanna enjoyed a successful but all too brief operation, before closing in mid-April, 2012. On October 2, 2012, the Tenant informed staff that an agreement had been reached to sell his entire leasehold interest in the restaurant to an Italian-owned restaurant operator, and was seeking the City's consent to assign his interest in the City's property to the same party. Article 12.1 of the Lease provides the Tenant the right to assign or sublet the Demised Premises, in whole or in part, subject to and conditioned upon the City's prior written consent, which shall not be unreasonably withheld; provided that the Premises continues to operate in accordance the terms and conditions provided for in the Agreement. The proposed Assignee, which has incorporated under the name of Italian Food Factory, LLC, is owned by Augusto Reitano of the Italian Reitano Group, which has extensive hotel and real estate holdings in Italy, New York, and Miami, including the recent acquisition of a restaurant located at 440 Espanola Way in Miami Beach. Based on financial references and other pertinent information provided by the prospective Assignee, the Administration recommends in favor of approving the proposed assignment of the Lease Agreement to Italian Food Factory, LLC, for use of the Demised Premises, located at 22 Washington Avenue, subject to the terms and conditions provided for in the Lease Agreement. Advisory Board Recommendation: Financial Information· Source of Amount Funds: Total Financial Impact Summary: Clerk's Office Le islative Trackin Anna Parekh x 6471 MS Tc\AGENOA\2012\D;.oomber 12\Syanna Assignment Sum doc MIAMI BEACH 292 Account KB AGENDA ITEM C,. 7 Q DATE Jd.--tJ.. -/2.. • MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Kathie Brooks, Interim City Manager f( /A.~ DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT FROM SY ANNA, LLC., A FLORIDA LIMITED LIABIL TY CORPORATION, AS LESSEE/ASSIGNOR, TO ITALIAN FOOD FACTORY, LLC., A FLORIDA LIMITED LIABIL TY CORPORATION, AS ASSIGNEE/NEW LESSEE, OF THAT CERTAIN LEASE BETWEEN THE CITY AND ASSIGNOR, DATED NOVEMBER 17, 2010, INVOLVING THE USE OF APPROXIMATELY 2,216 SQUARE FEET OF CITY- OWNED PROPERTY LOCATED AT 22 WASHINGTON AVENUE FOR USE AS AN OUTDOOR CAFE; SAID LEASE HAVING A COMMENCEMENT DATE OF NOVEMBER 18, 2010, AND EXPIRING ON NOVEMBER 17, 2015, WITH AN OPTION TO RENEW FOR FOUR (4) YEARS AND 364 DAYS. BACKGROUND On November 17, 2010, the Mayor and City Commission adopted a Resolution approving a Lease Agreement between the City and Syanna, LLC (Tenant or Syanna), involving approximately 2,216 square feet of surplus City-owned property located at 22 Washington Avenue (Premises), for use as an outdoor seating area to serving the Tenant's restaurant located adjacent to the Premises at 816 Commerce Street. Since entering the Lease, Syanna's owner and managing principal, Symcha Zilberman has invested more than $800,000 to build out the restaurant, which is the subject of a separate lease agreement between the Tenant and the owner of the adjacent 816 Commerce Street. The Tenant also spent and additional $80,000 in improvements to re-landscape and improve the City-owned property, which is capable of accommodating 46 seats, or 50% of the restaurant's total seating inventory. A site plan and picture of the Premises is included as Attachment A to this memorandum. The initial term of the Lease Agreement between the City and Syanna, was for a period of five (5) years, commencing on November 18,2010, and expiring on November17, 2015, with one (1) renewal option of four (4) years and 364 days. The current rent is $30.00/sq.ft. or $66,480 per year. The rent was originally $25.00/sq.ft. or $55,400per year, and escalated, pursuant to our Lease on November 18, 2012. ANALYSIS Since its opening in February, 2011, Syanna enjoyed a successful operation, before closing in mid-April, 2012. Unfortunately, due to a medical condition, Mr. Zilberman has been unable to continue operating and managing the restaurant and has been exploring other 293 Syanna, LLC Assignment of Lease December 12, 2012 Page 2 of 2 opportunities to reopen the restaurant. The Tenant pursued management agreements and/or partnership arrangements while making every effort to maintain the Lease in good standing and not compromise his investment in the Premises. On October 2, 2012, Mr. Zilberman informed staff that he was in the process of negotiating an agreement to sell his entire leasehold interest in the restaurant to a high-end Italian chain restaurant operator and was seeking the City's consent to assign his interest in the City's property to the same party. Article 12.1 of the Lease provides the Tenant the right to assign or sublet the Demised Premises, in whole or in part, subject to and conditioned upon the City's prior written consent, which shall not be unreasonably withheld; provided that the Premises continues to operate in accordance the terms and conditions provided for in the Agreement. The prospective Tenant/Assignee, which has incorporated under the name of Italian Food Factory, LLC, is owned by Augusto Reitano of the Italian Reitano Group, which has extensive hotel, resort and real estate holdings in Italy, New York and Miami. The Group currently owns a high-end Italian restaurant located in New York's Soho district called Piccolo Cucina and has also recently acquired a restaurant in Miami Beach located at 440 Espanola Way, to be operated under the same name. Promotional and background information concerning the prospective Tenant is included as Attachment B, along with Tenant's extensive financial references are included as Attachment C to this memorandum. It should be noted that the financial references also include an Independent Accountant's Compilation Report detailing the prospective Tenant's holdings and statement of financial condition. In consideration of the fact that the proposed transfer only involves a relatively small parcel of surplus City property that is being used as outdoor seating for the adjacent restaurant, the Administration believes the financial information provided adequately demonstrates the prospective Tenant's capacity to assume the Lease and doesn't warrant further reporting at this time. Furthermore, it should be noted that the pending sale of the Tenant's leasehold interest in the restaurant itself, which is not owned by the City, is contingent upon the City's consent for the Tenant to assign its interest in the Premises. While the Tenant sought the City's consent to the assignment over a month ago, the Administration was unable to proceed or recommend the consent until the City was made whole on back rent owed for the months of October and November, including penalties and interest. On November 30, 2012, the tenant issued a wire transfer in the amount of $16,902, covering all past amounts due as well as rent for the month of December. Therefore, in light of the Tenant's good standing and the financial capability of the proposed new tenant, the Administration recommends that the City consent to the assignment of the Lease. CONCLUSION The Administration recommends in favor of approving the proposed assignment of the Lease Agreement to Italian Food Factory, LLC, for use of the Demised Premises, located at 22 Washington Avenue, subject to the terms and conditions provided in the Lease Agreement. KGB/MS/AP Attachments T:\AGENDA \2012\12-12-12\Syanna Assignment Memo.doc 294 Syanna, LLC Assignment of Lease December 12, 2012 ATTACHMENT A 22 WASHINGTON AVENUE SITE PLAN 295 N (Q 0) --------r-RfwJ-;;J NAIL MERCE ST. 70' R/W "" o. 2' C & G ,,, Str.~,, NAIL' CONC WALK ·.:,_ -1'" mm '' Rlw 7l RAM/tfl I 33.21' ~11 tfi"?A - -----"7 __ ,F?n-'"J:"J'"-t'.-'";uo:'" . ~' I f I I I I~&------_) (I) ~ : I I I I 0 I BLOCK 51 I !51 I "(' I I fk I e: l( ~ ~ I t$ LOT 4 I I I LOT 3 LOT t Jl"' IH: It;; w l_ __ ,w l I I • J-___ r-----~ ---SET DH ... -B~S~~ ~T~ -h -.. NEIGHB{)RHOOO 1112 SOUTH POl NTE """"' 22 WASHINGTON AVENUE SURVEY PUBLIC WORKS DEPARTliU!NT ~t""~'*,...,;.,."*"'vol."«~ ..,;;w~~z-""',"*..'>;VIo> SKETCH OF SURVEY I I I SCALE 1"=20' ACl1NG CITYENG:i-<EER JORGE 'J GONZALEZ I O>:!>i'l*<l':Ol tV.:Vt.%.ffi FRECH SEC><:M!<NN l"l: l"'',"""~f< ~ ~:,;:zy:; RICHARDW SALTRICK PE WM-~. I .~--1.~ ---__ .:u ... ·--·...'!.. s PROJECT LOC ~ .J tr J:~ }'1: ~''t ''"' l "£( , --tr I } ,., «•"''r I t ».nn ... ~ .,, LOCATION SKETCH N.T.S LEGAL DESCRIPTION Portion of Lots 1 and 2, Block 51, OCEAN BEACH, FLA. ADDITION N0.3, recorded In Plot Book 2, at Page 81, Public Records of Miami-Dade County, Florida. bounded as LEGEND & ABBREVIATIONS: CB CATCH BASIN CBS CONCRETE BLOCK STRUCTURE C&G CURB AND GUT"Tt:R !&, CENTER UIIE 06/23/2011 DATE R/W RIGHT-OF-WAY IP IRON PIPE DH DRILL HOlE CONC. CONCRETE FD FOUND ;[;(;~ CITY SURVEYOR P .S.M. No. 291 e STATE OF FLORIDA ~~-$;t/~H-ffffr M.:;;'i<'W- Syanna, LLC Assignment of Lease December 12, 2012 ATTACHMENT B REITANO GROUP BACKGROUND INFORMATION 298 P PR E 411 Reitano Group particular, in the pu sale, constn The Group can rely on a solid experience on the The Group carries out its activity with different companies in the real estate sector for and managing hotels and apartment hotels. and the housine ma renovation and en ncement of 411 411 a simple _ as Ca/1 With a rtJ<:'I'InrfnU:> ... ""'"'!""'"" ... to customers RiiTANOGRQUP TYPOLOGY: 4-star tourist resort-accommodation PLACE: Donnalucata-of Ragusa DESCRIPTION: The structure comprises two building complexes, of whom the one of ancient origin has been renovated and the other one is new-built for a total of 109 rooms STATE: In operation since 2005 REITANO GROUP I I The facility is located in Donnalucata, only eight kilometers away from Scicli (Ragusa), a 4,000-inhabitant UNESCO site. South-eastern Sicily is a land with plenty of history and art, enriched by refined agriculture and food cultures that were originated by the many populations that crossed the Mediterranean sea, i.e. the cradle of civilization. The inland surroundings offer a very rich artistic heritage, thanks to the famous cities of Ragusa lbla, Mod Nota and Syracuse: veritable gems of the Sicilian baroque and most often stars of commercial and movie sets. The position of the hotel, midway from the most tourist and commercial places of the Province, meeting the most diverse needs of travelers thus their holiday peaceful and comfortable wm wm wm CXJi "' #f~ = d -wm REITANO GROUP I I HOTEL BEST WESTERN SIRACUSA TYPOLOGY: 3-star hotel PLACE: Municipality of Melilli-Province of Syracuse DESCRIPTION: Resort Hotel with 103 double rooms FIRST FLOOR: Reception desk and 48 double rooms SECOND FLOOR: 55 double rooms BASEMENT: OFFICES, lecture halls, fitness area and wei/ness center STATE: In operation since 2007 NB. Its proximity to the industrial hub causes this to be a typical Business hotel, mainly addressed to those who go to Melilli on business. In confirmation of that, the hotel has entered in several agreements with the commercial and industrial facilities of this area. Among others: Erg Petrolia, Neste, Toyota, Volvo, Nextira one ltalia, ltal Cementi Group, Decathlon, Geoimpianti, John Grane ltalia, Nalco italiana etc. REITANO GROUP UJ u z UJ 0 V) UJ 0:::: <( V) ::::> u <( 0:::: V) "'C Q) +.J Q) c.. E 0 u Q) ..0 0 +.J +.J ::J 0 ..0 ro +.J u Q) ....... 0 lo.... c.. UJ ~ ~ 1....1""'\L-L-"-' s E E E TYPOLOGY: 5-star hotel PLACE: Municipality of Palermo DESCRIPTION: A 5-storey building with 86 planned rooms for a total of 166 sleeping accommodations, fitness area, restaurant and roof garden. STATE: In operation since 2010 REITANO GROUP I I LOCATION The building is located in the historical center directly overlooking the "Cassaro", this being the ancient name of the street that starts from Palazzo dei Normanni and reaches Porta Felice a Mare. Corso Vittorio Emanuele divides the historical center of Palermo -i.e. the former 16th-Century walled city-crossing Via Maqueda in Vigliena Square, thus creating the so-called "Croce Barocca" (Baroque cross). These two streets originate four historical districts known as the four "Mandamenti" (part of the territory under the jurisdiction of a judge called "Pretore"). Near Corso Vittorio Emanuele one can see a number of monuments, such as the Church of San Giuseppe dei Teatini, whose not very significant exterior hides magnificently decorated interior walls. Continuing on toward the cathedral, on the right there is the Church of San Salvatore (the Savior), dating back to the Norman period but renovated in 1500. Further ahead there is the Regional Library belonging to the Collegia dei Gesuiti (Jesuit College) built in 1588. A few meters ahead one encounters the Piano della Cattedrale (fenced churchyard of the cathedral) and then the Palazzo Arcivescovile (Archbishop's palace). The main entrance is on Corso Vittorio Emanuele. On the first floor there are the reception desk, a reading room with a small library and internet connection, a wei/ness center, two meeting rooms, lounge bar and restaurant, the two latter having also an independent entrance in via Bottai and open to the public also from the outside. The breakfast room and the restaurant are located in a picturesque position, just under the existing portico that will be closed with windows whose self-supporting structure will be hold by metal attachments, generally called "spiders". REITANO GROUP I I VENDICARI HOTEL RESORT TYPOLOGY: 5-star hotel complex PLACE: Municipality of Noto-Province of Syracuse -"Vendicari" hamlet DESCRIPTION: The complex features two parallel rows of units with the rooms and a main building for services facing the sea. The accommodation capacity will be of 196 rooms. STATE: 50% completed REITANO GROUP I I LOCATION LOCATION The structure is located at a stone's throw from the famous reserve of Vendicari, approximately ten kilometers away from Note. A wonderful and quiet natural oasis, this reserve is a coveted destination for nature lovers. It indeed hosts several species of animals and a heterogeneous and lush vegetation. Mainly level and interrupted by dunes and marshes, the reserve is the favorite place of migrant birds, the so-called "hotel of birds", where every year several bird species coming from Hungary, Poland, France, Sweden, Finland, Denmark and the Netherlands, rest before leaving for the African costs. Here one can admire the numerous species of herons, seagulls, flamingos, storks, robins, crows and turtle doves in all their glory. Also foxes, hares, rabbits and dormouses inhabit the oasis. REITANO GROUP p E TYPOLOGY: 5-star luxury hotel complex PLACE: Municipality of Taormina-Province of Messina DESCRIPTION: The complex is composed of several separate multi-storey buildings with approximately 92 rooms and 220 sleeping accommodations STATE: design REITANO GROUP I I LOCATION The complex is located in the Municipality of Taormina, in the park of the historical Villa Mon Repos (which in the sixties was the seat of the Taormina Casino). The presently abandoned villa was in the past used as a disco-restaurant-piano bar called "Tout-va". The place became a well-known reference point not only for having good time but also for the captivation of the large amphitheater immersed in its wonderful park. The context and location of this property are unique. The area - a wedge of maquis facing the sea and full of palms and ancient forest trees-offers a full view of the cost of Catania and Mount Etna, as well as of Taormina and the sea toward Messina where one can see the promontory and Isola Bella nearby. The position of the Complex is very comfortable also for the ease with which one can reach the beautiful beaches of Taormina, Mazzara -the smartest one -, Isola Bella (Natural reserve) and of Spisone and Mazzeo, the two latter being vast and of finest sand. The connection is granted by a cableway that reaches the sea starting from the departure station located 200 meters away from the hotel and where visitors can catch the "Funibus", a special bus to reach the beach establishments. REITANO GROUP I I APARTAHOTEL CELLINI MARCONA, MILANO TYPOLOGY: luxury apartment hotel for the elderly PLACE: Milan, between Via Marcona and Via Cellini DESCRIPTION: development of 100 apartments, 200 garages, 8 Penthouses. STATE: about to be completed RErTANO GROUP I I PUNTALDIA HOTEL RESORT, SARDINIA TYPOLOGY: 5-star hotel complex PLACE: Municipality of San Teodoro-hamlet of "Lu Fraili di Sotto-Lo lmpostu". DESCRIPTION: The investment plan consists of developing a hotel with two restaurants, two lounge bars, a wellness center, a lecture hall, two swimming pools and a parking lot placed in a 9-hectare park. The structure can contain up to a maximum of 298 sleeping accommodations distributed over 135 rooms. STATE: Under construction REITANO GROUP I I (.f) z 0 ~ u 0 __J .... 0 LlJ 1-- Ll.J __J c... ~ 0 u LlJ co 0 I- I- ::> 0 co <( 1--u LlJ ......, 0 0:: c... 'Vi Vl Q) ~ -UJ 0::: <( ~ 0::: <( 0 z 1- ....J UJ 1- 0 I 0::: UJ t;; UJ ~ UJ 0::: I--<( z Vl Vl UJ ~ ....J UJ b I ~ 6 ....J b:: 0 Vl UJ 0::: Syanna, LLC Assignment of Lease December 12, 2012 ATTACHMENT C REITANO GROUP FINANCIAL REFERENCES 320 NOU-05-2012 16:17 OPPENHE I t'1ER QPPENHEIME&_ November 2, 2012 To: Whom It May Concern Fr: Maximillian Santos Re: Augusto Reitano 212 716 8016 Ol'l""'"'"imcr &:: Co. lnc. Ave1111e 17rh Floor Now York, NY 10012 Phone 212-716-8001 F•x 212.-716-8002 l<1ll Free 800-609--7147 P.02/02 As of November 2l~Ol2, Mr. Augusto Reitano has an account value of $2,574, 974 here at .1 :, Oppenheimer & Cpi:lnc \ \; ~--~ n \V Maximillian Stl'ntos Executive Director -Investments Private Client Division Oppenheimer & Co. Inc. 825 Third avenue, 17th Floor New York, NY 10022 (212) 699-7846 Voice (212) 716-8002 Fax (877) 598-5957 Toll Free Max.Santos@opco.com www.opco.com TOTAL P.02 321 MR. AUGUSTO COMPILED STATEMENT OF FINANCIAL DECEMBER 31, 2010 322 na lp CERTIFIED PUBLIC ACCOUNTANTS TAX & FINANCIAL ADVISORS INDEPENDENT ACCOUNTANT'S COMPILATION REPORT To Mr. Augusto Reitano We have compiled the accompanying statement of financial condition of Mr. Augusto Reitano as of December 31, 2010, in with Statement of Position 82 -1, "Accounting and Financial Reporting Personal Financial Statements", issued by the American Institute of Certified Public Accountants. This compilation limited to presenting, in the form of a financial statement, information that is representation of Mr. Augusto Reitano. We have not audited or reviewed the accompanying financial statement and, accordingly, do not express an opinion or any other form of assurance on it. New York, N.Y. April 18, 2012 New York Empire State Building Milan Italy MAURIZIO AIAERI WILLiAM LAST AS IT SARKAP SONNY ~NAND JOSEPH M CMALANO LUIGI PERIN A. WELCH I ROSSI PAOLO WIOrTI SHELDON SATLIN MINDY PIP.TOFF 350 Fifth Avenue, 41st Floor New York, NY 10118 Tel: (212)9473333 Fax: (212)9474725 Via Vittor Pisani, 20 20124 Milano Tel: (02) 80.50.90.53 Membrr of CPA USA llrtwark with ussotiatr afhceJ in oil principal cities nationwide Mrm~cr of A/CPA Private Companies Practice Srrtion 323 MR. AUGUSTO OF FINANCIAL CONDITION DECEMBER 31, 2010 Assets Cash and cash equivalents Investments Synergy Pharmaceuticals Shares (traded OTC, Note 1) Italian Companies (Real Estate, Note 2) Other personal property Miscellaneous liabilities Estimated income taxes on the differences between the estimated current values of assets and the estimated current amounts of liabilities and their tax bases (Note 3) worth $ $ 100,000 ,559,762 59,686,811 50000 10,000 30,561,585 See independent accountant's compilation report and notes to financial statement 324 MR. REITANO TO FINANCIAL BACKGROUND The accompanying statement of financial condition includes the assets and liabilities of Mr. Augusto Reitano. Assets are stated at their estimated current values, and liabilities at their estimated current amount. Provisions for income taxes are based on the taxes that would be owed if all the assets were liquidated and all the liabilities paid on the date of the statement. It is included also the net worth value. Mr. Reitano is an Italian citizen and a resident of Italy for tax purposes. SYNERGY PHARMACEUTICALS Mr. Reitano, through wholly-owned subsidiary ANCR Holdings owns shares in Synergy Pharmaceuticals Inc. ("Synergy"). Synergy is a biopharmaceutical company focused primarily on the development of drugs to treat gastrointestinal disorders and diseases. The value of the Synergy shares held by Mr. Reitano as 2010, was determined by using over the counter official ( otcmarkets.com). The price used for the valuation is $7.00. The number of shares held by Mr. as of December 31, 2010, is 3,079,966. As a result, the value of the Synergy shares held by Mr. Reitano as of December 31, 2010, was $21,559,762. Synergy's shares are currently traded on the Nasdaq Stock Market. The value as of April 2012 is$ 4.00 per share. Mr. Reitano owns directly and indirectly the following Italian corporations that are engaged in the real estate business: Assisi Immobiliare S.r.l, Cellini Real Estate S.r.l., Cellini Estate 2010 S.r.l., Immobilarca S.r.l., M&G S.r.L, Residenza Navigli S.r.l., Patmos Immobiliare S.r.l. and R Group Charter S.r.l. The real estate assets consist primarily of luxury hotels and tourist resorts as well as residential apartments and villas in prime locations throughout Italy. 325 AUGUSTO FINANCIAL STATEMENTS 2010 The estimated current value of the real estate companies has provided '-'A'>·'~'"''''"''"' to appraisals based on estimates of selling prices and selling costs, obtained from independent estate agents, net of the Italian income taxes. PROVISION FOR INCOME TAXES accompanying statement of financial condition presents a provision for the income taxes that would be owed if Mr. Reitano's assets were sold, and all of liabilities paid on December 31, 2010. This provision will probably differ from the amounts of income taxes that might eventually be paid because those amounts are determined by the timing and method of liquidation and the tax laws and regulations in effect at time of realization. 326 11129/12 www.oonbiz.org -Department of Stale Previous on list Next on list No Events No Name by Information Document Numberl12000149500 FEIIEIN Number NONE Date Filed State Status Effective Date Prelllous on list 11/29/2012 FL ACllVE 11/29/2012 Nexl on Lisl Relum To List View image in PDF fo ~tum To List 327 Name Search [Submit I 1/2 11129/12 www.runblz.org ·Department of Stale 2/2 328 Electronic ·Articles of Organization For Florida Limited Liability Company Article I The name of the Limited Liability Company is: ITALIAN FOOD FACTORY, LLC Article II The street address of the principal office of the Limited Liability Company is: 22 W ASlHNGTON A VENUE MIAMI BEACH, FL. US 33139 The mailing address of the Limited Liability Company is: 22 WASHINGTON A VENUE MIAMI BEACH, FL. US 33139 Article III The puq:>ose for which this Limited Liability Cornpany is organized is: ANY AND ALL LAWFUL BUSINESS. Article IV The name and Florida street address of the registered agent is: THOMAS G. SHERMAN, P.A 90 ALMERIA AVE CORAL GABLES, FL. 33134 Having been named as · stered agent and to t service of process tbr the above limited Hnhilitv co.mpany at · -in thi cate, 1 hereby accept the appointment as registered and agree to act in this ca fhrther agree to comply ~vvith the provistons of all statutes . g to th~proper ~n;td comp .te per onmmce ofmy duties, and I run familiar \vith and accept the ohhgattons of rny pmntmn as reg1stered agent Registered Agent Signature: THOMAS G. SHERMAN Article V The effective date for this Limited Liability Company shall be: ll/29/2012 Signature of men1ber or an authorized representative of a member Electronic Signature: THOMAS G. SHERJ'v!AN 1 am the memher or authorized representative submitting 1hese A11icles of Organization and aft1nn that !he facts stated herein are true. I run a\\1are that false infonnation submitted in a document to the Deparnncnt of Stnte constitutes a third as provided forin s.817.155, F.S. I understand the reqmrement to file an annual een 1st ru1d May 1st in the calendar year foilov.ting fbmuttion ofthe LLC and every year eafter to mail "active" status. ""' 329 RESOLUTION TO BE SUBMITTED 330 THIS PAGE INTENTIONALLY LEFT BLANK 331 COMMISSION ITEM SUMMARY Condensed Title: A Resolution extending the North Beach Music & Food Festival through the end of FY 2012/2013. Key Intended Outcome Supported: Increase satisfaction with family recreational activities Supporting Data (Surveys, Environmental Scan, etc.): Number of participants at Arts in the Parks events has increased from 1,270 in 2008, 3,875 in 2009, 4,493 in 2010, to 14,920 in 2011. Item Summary/Recommendation: On May 9, 2012, the Mayor and City Commission adopted a Resolution approving a Food Truck Pilot Program in North Beach, pursuant to the parameters recommended by the NCAC for summer 2012. Since the Food Trucks are part of a larger, City-sponsored event, the City applied for the special event permit for this event. The City promoted the event, and the Food Trucks selected also promoted the event through their extensive social media networks. On October 24, 2012, the City Commission authorized two additional food truck events for December 2012 and January 2013. That event will take place on December 19, 2012. On November 19, 2012, the Neighborhoods and Community Affairs Committee (NCAC) discussed the Food Truck Pilot Program and recommended that the Administration extend the food truck event for the remainder of the Fiscal Year and identify ways to reduce the cost of each event (The Committee Memorandum and Minutes of the NCAC item are attached as Exhibit A). Recommendation: The Administration recommends that the Mayor and City Commission approve the Resolution and extend the North Beach Music and Food Festival through the end of FY 2012/2013. Adviso Board Recommendation: Neighborhoods/Community Affairs Committee-11/19/2012 Financial Information: Source of Amount Funds: 1 2 3 OBPI Total Financial Impact Summary: MIAMI BEACH 332 Account KGB AGENDA ITEM DATE tt:a MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMI ION MEMORAN UM TO: Mayor Matti Herrera Bower and Members of the City C FROM: Kathie G. Brooks, Interim City Manager DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE NEIGHBORHOOD/ COMMUNITY AFFAIRS COMMITTEE'S RECOMMENDATION TO EXTEND THE NORTH BEACH MUSIC AND FOOD FESTIVAL THROUGH THE END OF FY 2012/2013. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Increase Satisfaction with Family Recreational Activities. COMMITTEE RECOMMENDATION On November 19, 2012, the Neighborhoods and Community Affairs Committee (NCAC) discussed the Food Truck Pilot Program and recommended that the Administration extend the food truck event for the remainder of the Fiscal Year and identify ways to reduce the cost of each event (The Committee Memorandum and Minutes of the NCAC item are attached as Exhibit A). BACKGROUND On May 9, 2012, the Mayor and City Commission adopted a Resolution approving a Food Truck Pilot Program in North Beach, pursuant to the parameters recommended by the NCAC for summer 2012. Since the Food Trucks are part of a larger, City-sponsored event, the City applied for the special event permit for this event. The City promoted the event, and the Food Trucks selected also promoted the event through their extensive social media networks. The Administration recommended a budget for three food truck events, and the Mayor and City Commission approved, at its May 9, 2012 meeting, an allocation of the $12,000 of funding from the North Beach Economic Development activities budget previously in the Citywide Cost Center approved by the City Commission for an Umbrella Marketing Campaign to the Food Truck Pilot Program. Funding for the North Beach Economic Development activities is also included in the proposed FY 2012/13 budget. Although Commission approval for the pilot program was for summer 2012, since these are outdoor events there was a request to start in September. The Food Truck Pilot Program events took place on September 19, October 17 and November 14. The 333 Food Truck Pilot Program I North Beach Initiatives Commission Memorandum June 18, 2012 Page 2 of 3 events included: • Participation by the food truck operators; • Space in the event area for local restaurants to participate; • Live entertainment in the Bandshell at approximately 6:00 p.m. The $12,000 that was originally approved was not sufficient to produce the events properly. There were unspent funds in the approved North Beach Economic Development budget, which were used to supplement the original funding. The City coordinated and provided equipment, staff (Police, Sanitation and Parks), Advertising, Printing and Entertainment for each of the 3 events. Estimated costs for all of these services for the 3 events were approximately $26,000, or approximately $8,700 per event. Please note that the Administration is still finalizing these costs. The response from the community was overwhelming. Ten food trucks and two local restaurants participated in the first event, and many of the food trucks ran out of food. As a result five (5) additional food trucks were added to the second and third events, along with five local restaurants at the October event and six at the November event. Initial feedback from the businesses in the area has been very positive and several of them reported seeing an increase in businesses on the night of the events. In order to better help improve future events, if authorized by the City Commission, the Administration asked the Greater Miami Convention and Visitors Bureau to conduct surveys during the October and November events. The survey results are included as Exhibit B. FUTURE FOOD TRUCK EVENTS On October 24, 2012, the City Commission authorized two additional food truck events for December 2012 and January 2013. The next event will take place on December 19, 2012. As part of the events, some local restaurants are allowed to participate and sell alcohol, for which the City secured a temporary alcoholic beverage permit from the Florida Department of Business and Professional Regulation. State regulations limit the use of the temporary permits to no more than three (3) permits within a calendar year. The three permit limitation was reached with the first three events; the Administration is working to address this limitation in order to continue to provide this opportunity to local restaurants at the December event, as well as the 2013 events that take place from April through September. A total of $12,000 has been budgeted in FY 2012/13 as part of the North Beach Initiatives for food truck events. Additionally, the City has also budgeted $55,000 for the Festival of the Arts, which could also be used for this program. The Administration believes cost would go down slightly if the program was continued for a longer period of time. Additionally, sponsorships could be sold to help cover the costs of the event. Producing the event monthly for 3 months would cost approximately $22,500. Therefore, 6 months would cost approximately $45,000, 9 months would cost approximately $67,500 and 12 months would cost approximately $90,000. The Administration will continue to work to lower the cost for each event. 334 Food Truck Pilot Program I North Beach Initiatives Commission Memorandum June 18, 2012 Page 3 of 3 CONCLUSION The Administration recommends that the Mayor and City Commission approve the Resolution and extend the North Beach Music and Food Festival through the end of FY 2012/2013, utilizing funding previously appropriated for North Beach economic development activities and the Festival of the Arts. KGB/MAS/kc F:\cmgr\$ALL\Max Sklar\Economic Dev\Food Truck Event NCAC Memo.docx 335 I I borhood/Community Affairs Committee Meeting November 19, 2012 Licensing •f<""'"' .. i"""''~'''"\"' Requirements Mobile A City Sponsored Food Commission Item C4G, January 19, 2011 (Requested by Cornmissioner Tobin Max Sklar, Acting Assistant City Manager Festival. Kevin Crowder, Economic Development Division Director 11/19/12 336 I And City of Miami i!oeac:h, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMITTEE MEMORANDUM TO: Neighborhood and Community Affairs Committee FROM: Kathie G. Interim City Manager DATE: November 19, 2012 SUBJECT: IN NORTH Commissioners Tobin and Gongora both referred a discussion regarding a City sponsors food truck festival for North Beach at the January 19, 2011 City Commission meeting. The City hosted a community meeting to discuss the concept on June 2, 2011. Subsequently, the subject was discussed by the Neighborhood and Community Affairs Committee at their July 2011 and November 1 meetings. Another food truck workshop was held with the North Beach community on February 16, 2012, at the North Shore Park & Youth Center. and residents were invited to attend; approximately individuals attended the workshop. Overall support for a food truck festival was split, with the residents in attendance strongly in favor, while the restaurants were opposed. There was a feeling amongst the majority of the crowd that the only way to really know if it will work is to try it once. However, if food trucks are going to be allowed in North Beach, even on a one-time basis, there was consensus on the following issues: • It is important to bring people to the neighborhood from outside of area. • The food truck event should be done on a slow business day, not on a weekend; • The food trucks should not be a standalone event, but should be part a larger event. Concepts included: o of North M.,.<, .... n· o Incorporate with an event the Bandshe!!; o Promote with the MIMO District; o Promote with movie night and skate night. • There was overwhelming consensus that local businesses, particularly restaurants, must be allowed to participate for free; o tf alcohol is allowed, it should only be available from the existing restaurants. • Success or failure must be measurable. • The food trucks should care of restroom, sanitation, and security needs On April 24, 2012, the Administration reported the results of the community workshop to the NCAC. The NCAC recommended that an event incorporating food trucks be initiated as a pilot program beginning in June, and that three events be held. The NCAC further recommended that North restaurants be allowed to participate in the event, that the program include branding of the event, and that the food trucks be responsible for providing restrooms, sanitation, and security. N ENDA 11/1 337 2 Neighborhood Community Affairs Committee November 19, 2012 Food Truck Pilot Program Page 2 of 3 Based on the community input and the discussion and recommendation by the NCAC, the Administration proposed the following criteria for the Food Truck Pilot Program, to take place during a three month period: • That the take place on a weeknight, such as a Monday, or Wednesday; • That the event include live entertainment at the bandshell followed by a special Movie ln Park showing; • That the food trucks Hne up along Ocean facing away from the street; • That an area set aside for local restaurants participate at no cost On May 9, 2012, Mayor and City Commission adopted a Resolution approving a Food Truck Pilot Program in North Beach, pursuant to the recommended by NCAC for summer 2012. Since the Food Trucks are part of a larger, City~sponsored event, the City applied for the special event permit for this event The City promoted the event, and the Food Trucks selected also promoted the event through their extensive social media networks. The Administration recommended a budget for the three food truck events, the Mayor and City Commission approved, at its May 9, 2012 meeting, an allocation of the $12,000 of funding from the North Beach Economic Development activities budget previously in the Citywide Cost Center approved by the City Commission for an Umbrella Marketing Campaign to the Food Truck Pilot Program. Funding for the North Beach Economic Development activities is also included in proposed FY 2012/13 budget The Food Truck Pilot Program is one initiative targeting economic development in North Beach. The North Beach Economic Development program budget includes the following items: Movies in the Park I Friday Night Skates DiSh restaurant program I Genera! Marketing Teen Club Presentations at the Bandshe!l North Beach Nights and Lights Food Truck Pilot Program Total $14,760 $4,052 $1,560 $10,000 $12,000 Although Commission approval was for summer 2012, these are outdoor events there was a request to start in September. The Food Truck Pilot Program events took place on September 19, October 17 and November 14. events included: • Participation by the food truck operators; • Space in the event area for local restaurants to participate; • Live entertainment in the Bandshell at approximately 6:00p.m. Please note that although movies in the Bandshell was part of original concept, after expanding the Friday night movies in the Bandshe!l, this portion of the program was no longer pursued. The $12,000 that was ortginally approved was sufficient to produce the events properly. There were unspent funds in the approved North Beach Economic Development budget, which were to supplement the original funding. The City coordinated and provided equipment, staff (Police, Sanitation and Parks), Advertising, Printing and Entertainment for each of the 3 events. Estlmated costs for all of these services for the 3 events were approximately $26,000, or approximately $8,700 per event Please note that, since the third event took place last week, the Administration is still finalizing these costs. N 11/19/12 338 #8 Neighborhood Community Affairs Committee November 19, 2012 Food Truck Pilot Program Page 3 of 3 The response from the community was overwhelming. Ten food trucks and two local restaurants participated in the first event, and many of the food trucks ran out of food. a result frve (5) additional food trucks were added to the second and third events, along with five local restaurants at the October event and six at the November event Initial feedback from the businesses in the area has been very positive and several of them reported seeing an increase in businesses on the night of the events. In order to help improve future events, if authorized by the City Commission, the Administration asked the Greater Miami Convention and Visitors Bureau to conduct surveys during the October and November events. Again, since the third event took place week, we have not yet received the results of the surveys. On October 24, 2012, the City Commission authorized another food truck event for December 2012. That event will take place on December 19, 2012. Additionally, on October 3, 2012, staff met with Carol Heusen, Mark Weithorn, Deborah Ruggiero, Mickey Minagorri, and Marguerltte Ramos who, as North Beach community stakeholders, had expressed interest in assisting to enhance the North Beach area.. The subject of the meeting was to the Festlval of the Arts proposal discussed the NCAC. was consensus a of events spread out over time would be more valuable to the North Beach community than a single weekend-long Festival. All agreed that the food truck events were extremely successful and should continued on a regular basis. A was expressed to incorporate visual art into the food truck events; to that end Carol Hausen, as presldent of North Development Corporation, agreed to engage James Echols, Ufe is Art, Inc., to manage the visual arts component. Mr. Echols was not successful in finding artists to participate in the event, even after his organization offered to pay the modest registration fee he initially sought Mr. Echols explained that the artists felt it unlikely they would sell work, since the art element was peripheral to the main and they were reluctant to provide insurance indemnity to the City. If the NCAC and City Commission would like to proceed with the food truck events, $12,000 has been budgeted in FY 2012/13 as part of the North Beach Initiatives for food truck events. The City has also budgeted $55,000 for the of the Arts, which could also be used for this program. The Administration believes cost would down slightly if the program was continued for a longer period of time. Additionally, sponsorships could sold to help cover the of the event. Producing the event monthly for 3 months would cost approximately $22,500. Therefore, 6 months would cost approximately $45,000, 9 months would cost approximately $67,500 and 12 months would cost approximately $90,000. The City Commission could also consider producing the events every other month to ensure participation from the public is sustainable. At this time, the Administration is seeking direction from the NCAC regarding whether or not to continue the food truck events and for the NCAC to provide guidance and input regarding how the event operates. KGB/MAS/kc F:\cmgr\$ALL\Max Sklar\Economic Dev\Food Truck Event NCAC Memo,docx N 11/19/12 339 GREATER MIAMI CONVENTION & VISITORS BUREAU Profile of Attendees City of Miami Beach Food Truck and Music Festival Wednesday, November 14, 2012 Prepared by: GMCVB Research Division Greater Miami Convention and Visitors Bureau 701 Brickell Avenue, Suite 2700, Miami, FL 33131-Phone: 305-539-3065-Email: Research@GMCVB.com 340 Table of Contents Overview ..................................................................................................................................... 2 Executive Summary ................................................................................................................ 3-5 Summary of Responses ....................................................................................................... 6-21 Attendee Characteristics ............................................................................... 6-12 City of Miami Beach Food Truck and Music Festival Questions .......... 13-17 Demographic Characteristics ..................................................................... 18-21 Two Month Analysis: Summary of Responses ................................................................ 22-38 Attendee Characteristics ............................................................................. 22-28 City of Miami Beach Food Truck and Music Festival Questions .......... 29-34 Demographic Characteristics ...................................................................... 35-38 1 341 Overview This year, the City of Miami Beach launched a Food Truck and Music Festival night series. The Miami Beach Food Truck and Music Festival takes place once a month from 5:00pm to !O:OOpm on Wednesday nights for the fall season: September to December 2012. Located on Miami Beach's North Shore Park Bandshell and Ocean Terrace, the event draws in the typical, characteristic Latin flavor to the North Beach area. This event features the popular mobile food trucks, free entertainment, and participation by area restaurants. The food truck lineup includes: Ms. Cheezious, Latin Burger, Sakaya, Catered Bliss, Health Nut, Garcia Brothers, Arepa Box, Gastropod, The Mexican, Moty's, Mushaboom, Dolci Pecati, Sugar Yummy, Boba Station, Fireman Derrick, Hip Pop and Coffee Break. They offer a variety of menus from burgers to healthy bites and ethnic dishes. Participating local restaurants include: Lou's Beer Garden, Sazon, El Tumi de Oro, and Mixtura. The Greater Miami Convention & Visitors Bureau (GMCVB) in-partnership with the City of Miami Beach developed a research survey to gauge the perceptions of attendees to the Miami Beach Food Truck and Music Festival and to provide insight into their perspectives of the festival. Interviewing was conducted on: Wednesday, November 14, 2012 at the Miami Beach Food Truck and Music Festival, at the Miami Beach's North Shore Park Bandshell and Ocean Terrace. A total of 143 completed surveys were collected from attendees. The target audience consisted of persons attending the Miami Beach Food Truck and Music Festival. The survey was designed to: • Determine the originating destination of the Miami Beach Food Truck and Music Festival attendees. 11 Develop a demographic profile of the attendees of the Miami Beach Food Truck and Music Festival. 11 Determine whether or not the attendees would like to see more food truck events, as well as, other events in the neighborhood, and how often. • Obtain an opinion of the overall experience of the Miami Beach Food Truck and Music Festival attendees. The ensuing information is geared to assisting the City of Miami Beach in developing marketing initiatives to further promote and expand the Miami Beach Food Truck and Music Festival. 2 MIAMt 342 Executive Summary Attendees of Miami Beach Food Truck and Music Festival on Wednesday, November 14, 2012: One hundred and forty-three attendees were interviewed at the Miami Beach Food Truck and Music Festival on Wednesday, November 14, 2012. Attendee Characteristics: Eighty-nine (88.8%) percent of total attendees reside in Miami-Dade County, of those, fifty-nine (59.0%) percent were from the Miami Beach zip code 33141, eight (7.5%) percent were from Miami Beach zip code 33139, and five (4.5%) percent were from Miami Beach zip code 33140. One (1.4%) percent of total attendees reside in Broward County, Palm Beach County, or Monroe County, and one (0.4%) percent reside elsewhere in Florida. Four (4.2%) percent of attendees reside elsewhere in the US, and international visitors made up five (4.9%) percent visiting from five of the top fifteen countries into Greater Miami. Seventy-five (75.0%) percent of the Non-Miami-Dade attendees have previously been to the Greater Miami area. Of those, twenty-five (25.0%) percent have visited three times, five times, and six or more times, seventeen (16.7%) percent visited one time before, and eight (8.3%) percent visited two times before. Twenty-five (25.0%) percent of attendees stated this was their first time in the Greater Miami area. Forty-four (43.8%) percent of the Non-Miami-Dade attendees traveled in an immediate party size of two people during this trip to Greater Miami. Thirty-eight (37.5%) percent traveled on their own, and six (6.3%) percent traveled in an immediate party size of three people, four people, and six or more people. Sixty-nine (68.8%) percent of the Non-Miami-Dade attendees used a commercial airline, while nineteen (18.6%) percent used a car, and six (6.3%) percent used a bus to get to Greater Miami on this particular trip. Forty-four (43.8%) percent of the Non-Miami-Dade residents stayed in a hotel or motel, thirty-one (31.3%) percent stayed with friends or relatives, nineteen (18.6%) percent stayed in their own home or condo, and six (6.3%) percent made a day trip. Forty (40.0%) percent of the Non-Miami-Dade residents stayed ten or more nights in Greater Miami during their visit. Twenty (20.0%) percent stayed seven nights, thirteen (13.3%) percent stayed one night and six nights, while seven (6.7%) percent stayed five nights and eight nights. Thirty-eight (37.6%) percent of the Non-Miami-Dade attendees main reason for visiting Greater Miami was for vacation. Thirty-one (31.3%) percent were here to visit friends or relatives, nineteen (18.6%) percent were here on business, and thirteen (12.5%) percent were here to experience the Miami Beach Food Truck and Music Festival. 3 343 Fifteen {14.7%) percent of the Non-Miami-Dade attendees were likely to visit Miami Museums or Galleries during their trip to Greater Miami. Thirteen (13.3%) percent were likely to go to visit Miami Attractions and go shopping, while twelve (12.0%) percent were likely to visit Miami Restaurants and go to the beach. Nine {9.3%) percent were likely to go sightseeing, eight {8.0%) percent were likely to go to a concert, play or show, while seven (6.7%) percent were likely to go to bars/night clubs and fishing or sailing. Food Truck and Music Festival Night Questions: Fifty-one {51.0%) percent of the attendees experienced the Miami Beach Food Truck and Music Festival the first time, while forty-nine {49.0%) percent stated they have attended previously. Of those attendees who have attended previously, thirty-nine {38.9%) percent have attended twice before, twenty-one {21.4%) once before and three times before, nine {8.6%) percent four times and six or more times before, and one {1.4%) percent five times before. Thirty-three (32.5%) percent of the attendees learned about the event through word of mouth, twenty- one {20.6%) percent learned about the event through street banners and billboards, and thirteen {13.1%) percent had attended previously. Nine (8.6%) percent learned through an "other" source, while seven {6.8%) percent just happened to walk on by. Six {5.7%) percent learned by visiting the Miami Beach Food Truck and Music Festival website, www.mbculture.com, while five {4.6%) percent learned through another internet, website, or social media advertisement, and another five (4.7%) percent learned through a magazine advertisement, TV advertisement, or radio advertisement. Three (3.4%) percent were mailed an invitation. Of those attendees who answered they learned about the Miami Beach Food Truck and Music Festival through another internet, website, or social media advertisement, forty-six (45.5%) percent learned about the event through Facebook, while twenty-seven {27.3%) percent learned through Twitter. Eighteen (18.2%) percent learned through FreeMiamiEvents.com, and nine {9.0%) percent learned from MunchkinFun.com. Of those attendees who answered they learned about the Miami Beach Food Truck and Music Festival through magazine advertisements, one-hundred {100.0%) percent learned about the event through New Times Magazine. Fifty-six (55.9%) percent of the attendees used an automobile as the mode of transportation to get to this particular event, while thirty-seven {37.2%) percent walked to it. Four (4.1%) percent used some "other" mode of transportation, and three {2.8%) percent used the Tri Rail. Thirty-nine {38.5%) percent of the attendees would like to have a food truck event in this neighborhood once a week, thirty-four {34.2%) percent would like it to be once a month, twenty-two (21.7%) percent would like it to be once every two weeks, and two (2.1%) percent had no response. One (1.4%) percent would like to have it once every six months, and another one (0.7%) percent would like to have it once a every two months, once a year, and do not want to have any more food trucks events in the neighborhood. 4 344 Fifty (50.3%) percent of the attendees would like to see different events in this neighborhood once a week, twenty-five (24.5%) percent would like events once a month, twenty (20.3%) percent would like events once every two weeks, and two (2.1%) percent had no response. One (0.7%) percent of attendees would like events once every two months, once every three months, once a every six months, and once a year. Of those attendees who answered they would like to see different events in the neighborhood, twenty- (20.4%) percent stated they would like arts and culture events, twenty (19.5%) percent would like more music events, seventeen (17.1%) would like movie events, sixteen (15.8%) percent would like theatre events, fourteen (13.7%) would like dance events, and nine (8.5%) percent would like LGBT events. Five (5.0%) percent of the attendees stated they would like to see "other" events. These were some of the suggestions: kids' day with festival rides, yoga and exercise day, beach sports day, community events, family events, bike day, cultural events, pets' day, and environment education day. Ninety-nine (98.6%) percent of attendees stated they would attend another Miami Beach Food Truck and Music Festival Night, while one (1.4%) percent stated they would not attended another event. Demographics Characteristics: Fifty-two (51.7%) percent of the attendees were female, and forty-eight (48.3%) percent of attendees were male. Ninety (90.2%) percent of attendees responded being straight, seven (7.0%) percent responded being gay, and three (2.8%) percent responded being bisexual. Forty-six (46.4%) percent of attendees responded their ethnic background is Hispanic/Latino, thirty-four (33.8%) percent responded they are Caucasian, seven (6.6%) percent responded they are multi-racial, and five (4.6%) percent responded they are Black/African American. Four (4.0%) percent responded they are another ethnic background, three (3.3%) percent responded they are Asian, and one (1.3%) percent responded they are American Indian/Native American. Forty (39.9%) percent of the attendees responded to be between the ages of 35 to 54, thirty-eight (37.8%) percent responded to be 21 to 34, fourteen (14.0%) percent reported to be 55 to 64, and four (4.2%) percent responded to be under the age of 21 and 65 or older. Thirty-three (32.9%) percent of attendees reported their highest level of education is a Bachelor's degree. Twenty-one (21.0%) percent reported a Master's degree, thirteen (12.6%) percent reported some college and an Associate's degree, eleven (10.5%) percent completed high school, and five (4.8%) percent reported a Doctoral degree. Twenty (19.6%) percent of the attendees reported their annual household income to be between $25,001 and $45,000. Nineteen (18.8%) percent reported their income between $45,001 and 65,000, seventeen (16.87%) percent preferred not to answer, and fifteen (14.7%) percent reported under $25,000. Twelve (11.9%) percent reported their income over $105,000, eleven (10.5%) percent reported between $65,001 and $85,000, and eight (7.7%) reported between $85,001 and over $105,000. 5 345 Analysis of Responses Part 1-Attendee Characteristics Part 2 -City of Miami Beach Food Truck and Music Festival Questions Part 3-Demographic Characteristics 6 346 MldMI GREATER MIAMI CONVENTION & VISITORS BUREAU Analysis of Reponses Part 1 -Attendee Characteristics 7 347 GREATER MIAMI CONVENTION & VISITORS BUREAU Question #1 Where are you from? 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Question #2 Ill Miami-Dade County !!Ill! Elsewhere in Florida What country are you from? II Broward County il Elsewhere in the US Answer Brazil Colombia Chile Costa Rica Italy Total: Ill Palm Beach County International Visitor % 28.6% 28.6% 14.3% 14.3% 14.3% 100% Ill Monroe County Question #3: You indicated 'Other' in the previous question, please specify what country you are from: N/A Question #4 What is your zip code? Answer % 33141 59.0% 33162 1.5% 33166 0.7% 33139 7.5% 33025 0.7% 33178 0.7% 33140 4.5% 33056 0.7% 33181 0.7% 33154 3.7% 33131 0.7% 33314 0.7% 33160 3.7% 33135 0.7% 33432 0.7% 33125 3.0% 33142 0.7% 33483 0.7% 33126 1.5% 33147 0.7% 33702 0.7% 33138 1.5% 33149 0.7% 90033 0.7% 33155 1.5% 33150 0.7% 90034 0.7% Total: 100.0% 8 MIAMI 348 GREATER MIAMI I CONVENTION & VISITORS B~,REAU Question #5 Is this your first visit to Greater Miami Area? Question #6 80.0% 60.0% 40.0% 20.0% 0.0% How many times have you visited before? 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% II One IIIIIITwo Question #7 75.0% liVes IIIIIINo II Three 111111 Four II Five tt Six or more Including yourself, how many people traveled in your immediate party with you on this trip to the Greater Miami Area? (Persons for whom you or your spouse are financially responsible for on this trip.) 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% ttOne IIIIIITwo ttThree 111111 Four tt Five tt Six or more 9 MIAMI 349 GREATER MIAMI CONVENTION & VISITORS BUREAU Question #8 What means of transportation did you utilize for this trip to the Greater Miami Area? (select all that apply) 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Question #9 !I Commercial Air !I Charter Air !I Bus Train What type of lodging are you using during your visit? 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Ill Private Plane II Ship/Cruise Ill Hotel/Motel !I Own Home/Condo Question #10 How many nights are you spending in the Greater Miami Area? 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Ill One Night Ill Six Nights Ill Two Nights Seven Nights II Three Nights II Eight Nights 10 350 Ill Car Other II Friends/Relatives Ill Four Nights Nine Nights Ill Camper/Trailer Ill Day Trip II Five Nights Ten or More Nights ll!11AMI GREATER MIAMI CONVENTION & VISITORS BUREAU Question #11 You indicated 'Ten or more Nights' in the previous question, please specify how many nights you will be spending in the Greater Miami Area: Answer Twenty-One Nights Total: Question #12 What was your main reason for visiting the Greater Miami Area? 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Question #13 111111 Food Truck and Music Festival Night 111111 Business 111111 Visit Friends or Relatives % 100.0% 100.0% 0.0% II Vacation 111111 Meetings I Conventions 111111 Other You indicated 'Other' in the previous question, please specify your main reason for visiting the Greater Miami Area: N/A 11 351 MIAMI GREATER MIAMI CONVENTION & VISITORS BUREAU Question #14 While in the Greater Miami Area for the Food Truck and Music Festival, you are likely to: (select all that apply) 16.0% 14.0% 12.0% 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% 111111 Visit Miami Attractions 111111 Go to Bars/Night Clubs !I Go Fishing or Sailing 111111 None of the Above Question #15 Ill Visit Miami Museums or Galleries 111111 Go to Concert, Play or Show 111111 Go Sightseeing Other Ill Visit Miami Restaurants 111111 Go to the Beach Go Shopping You indicated 'Other' in the previous question, please specify what other activities you are likely to participate in: N/A 12 MIAMI 352 GREATER MIAMI CONVENTION & VISITORS BUREAU Analysis of Reponses Part 2 -City of Miami Beach Food Truck and Music Festival Questions 13 353 Question #16 Have you attended a Food Truck and Music Festival Night previously? 52.0% 50.0% 48.0% Question #17 How many times? 40.0% 30.0% 20.0% 10.0% 0.0% Question #18 !lOne !IIIII Yes !IIIII No .... Jt.6% ..... II Two II Three II Four II Five II Six or more How did you learn about Food Truck and Music Festival Night? (select all that apply) 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% II Word of Mouth II The Food Truck and Music Festival Website II Street Banners I Billboards TV Advertisement Mailed Invitation Other II Attended Previously II Another Internet/Website/ Social Media Advertisement tt Magazine Advertisement Radio Advertisement IIJ Walked by the Event 14 354 MIAMI GREATER MIAMI CONVENTION & VISITORS BUREAU Question #19 You indicated 'Other' in the previous question, please specify how you learned about Food Truck and Music Festival Night? Answer % Miami Herald 50.0% Miami Beach Newsletter 25.0% Working the Event 25.0% Total: 100.0% Question #20 Which internet/website/social media source did you learn about Food Truck and Music Festival Night through? Answer % Face book 45.5% Twittwe 27.3% FreeMiamiEvents.com 18.2% MunchkinFun.com 9.0% Total: 100.0% Question #21 Which magazine did you learn about Food Truck and Music Festival Night through? Answer % New Times 100.0% Total: 100.0% Question #22 What means of transportation did you utilize to get to the actual event? (select all that apply) 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% !IIIII Automobile !IIIII Taxi Cab !IIIII Bus Service !IIIII Metro Rail !IIIII Metro Mover !IIIII Tri Rail Walked Other 15 MIAMI 355 Question #23 How often would you like to have a food truck event in this neighborhood? 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Question #24 IIIIIIOnce a week 111111 Once a month 111111 Once every three months Once a year No How often would you like to see events in this neighborhood? 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% III!IIOnce a week II Once a month 111!11 Once every three months Once a year No Response ..... 0 •. 1% 16 356 111111 Once every two weeks 111111 Once every two months 111111 Once every six months \llill do not want to see any more food truck events 0.7%. .0.1% 0.0% 111!11 Once every two weeks 111!11 Once every two months 111!11 Once every six months 2.1% \llill do not want to see any more events Question #25 What other events would you like to see in this neighborhood? (select all that apply) 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% 111!11 Arts and Culture Events 1111 Dance Events 11!11 Music Events 111!11 Theatre Events Question #26 111!11 LGBT Events · Other 1111 Movie Events You indicated 'Other' in the previous question, please specify what other events you would like to see in this neighborhood: Answer Kids Day with Festival Rides Yoga I Exercise day Beach Sports Day Community Events Family Events Bike Day Cultural Events Pets Day Environment Education Day Total Question #27 Will you attend the Food Truck and Music Festival Night again? 100.0% 80.0% 60.0% 40.0% 20.0% 0.0% li!IIYes 17 357 % 28.6% 14.4% 10.7% 10.7% 10.7% 7.1% 7.1% 7.1% 3.6% 100.0% li!IINo MIAMI GREATER MIAMI CONVENTION & VISITORS BUREAU Analysis of Reponses Part 3 -Demographic Characteristics 18 358 Question #28 Please select your Gender: 60.0% 40.0% 20.0% 0.0% IIIIIIIMale Question #29 How do you identify yourself? 100.0% 80.0% 60.0% 40.0% 20.0% o.ow IIIII! Straight Question #30 What is your ethnic background? 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% 1111111 Caucasian IIIIIIIAsian D Other IIIII! Gay 1111111 Female 0 Transgender !Rl Lesbian 1111111 Bisexual 1111111 Prefer not to answer 1111111 Hispanic I Latino 1t Black I African American 1t American Indian I Native American 1111111 Multi-Racial Prefer not to answer 19 359 GREATER MIAMI CONVENTION & VISITORS BUREAU Question #31: You indicated 'Other' in the previous question, please specify your ethnic background: N/A Question #32 Which of the following age groups are you in? 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% !I Under 21 • 21 to 34 !135 to 54 • 55 to 64 !165 or older !I Prefer not to answer Question #33 What is your highest level of education? 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% IIIII! Some High School !I Associate's Degree fill Doctoral Degree • Completed High School !I Bachelor's Degree !I Some Graduate Studies 20 360 tt Some College tt Master's Degree Other Education MIAMI GREATER MIAMI CONVENTION & VISITORS BUREAU Question #34 What is your household income range? 20.0% 18.0% 16.0% 14.0% 12.0% 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% !IIIII Under $25,000 111111 $85,001 to $105,000 !IIIII $25,001 to $45,000 !IIIII Over $105,000 21 361 !IIIII $45,001 to $65,000 ...... Prefer not to answer !IIIII $65,001 to $85,000 11/1IAMI GREATER MIAMI CONVENTION & VISITORS BUREAU Two Month Analysis -Summary of Responses Wednesday~ October 171 2012 Wednesday~ November 141 2012 Part 1-Attendee Characteristics Part 2 -City of Miami Beach Food Truck and Music Festival Questions Part 3-Demographic Characteristics 22 362 Two Month Analysis -Summary of Responses Wednesday, October 17,2012 Wednesday, November 14, 2012 Part 1-Attendee Characteristics 23 363 Question #1 Where are you from? 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Question #2 What country are you from? 30.0% 25.0% 20.0% 15.0% 10.0% illll! November Miami-Dade Cou Broward 78.6% 5.6% 88.8% 0.7% Bahamas 16.7% 0.0% Question #3: You indicated 'Other' in the previous question, please specify what country you are from: N/A 24 MIAMI 364 GREATER MIAMI , CONVENTION & I VISITORS BUREAU Question #4 What is your zip code? (Only Displaying the Miami Beach Zip Codes Comparision) 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% 33141 33140 33139 38.9% 10.5% 2.1% 59.0% 7.5% Question #5 Is this your first visit to Greater Miami Area? 80.0% 60.0% 40.0% 20.0% 0.0% Yes No 26.1% 73.9% 25.0% 75.0% Question #6 How many times have you visited before? 60.0% 50.0% 40.0% 25 MIAMI 365 Question #7 Including yourself, how many people traveled in your immediate party with you on this trip to the Greater Miami Area? (Persons for whom you or your spouse are financially responsible for on this trip.) Question #8 What means of transportation did you utilize for this trip to the Greater Miami Area? (select all that apply) 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% October 17, 2012 1111! November 14, 2012 Question #9 What type of lodging are you using during your visit? 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Hotel/Motel Own 0 Day Trip October 17, 2012 17.4% 47.8% 17.4% 17.4% ~···~+···············~·······················~·································· +············································~·············································· +·································~···············································~!····~···························~································································ 43.8% 18.6% 31.3% 6.3% 26 MIAMI 366 GREATER MIAMI CONVENTION & VISITORS BUREAU Question #10 How many nights are you spending in the Greater Miami Area? Octo Question #11 45.0% 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% You indicated 'Ten or more Nights' in the previous question, please specify how many nights you will be spending in the Greater Miami Area: 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Eleven Nights October 17, 2012 20% IIIIi November 14, 2012 0% Question #12 What was your main reason for visiting the Greater Miami Area? 40.0% 35.0% 30.0% 25.0% 27 367 Question #13 You indicated 'Other' in the previous question, please specify your main reason for visiting the Greater Miami Area: N/A October 17, 2012 Answer % Moving to Miami 100.0% Total: 100.0% November 14, 2012 Answer I % No Answers Question #14 While in the Greater Miami Area for the Food Truck and Music Festival, you are likely to: (select all that apply) 25.0% 20.0% Question #15 You indicated 'Other' in the previous question, please specify what other activities you are likely to participate in: N/A October 17,2012 Answer % Pilates at Bayfront 50.0% WSA 50.0% Total: 100.0% November 14, 2012 Answer ( % No Answers 28 368 GREATER MIAMI CONVENTION & VISITORS BUREAU Two Month Analysis -Summary of Responses Wednesday, October 17, 2012 Wednesday, November 14, 2012 Part 2 -City of Miami Beach Food Truck and Music Festival Questions 29 369 Question #16 Have you attended a Food Truck and Music Festival Night previously? Question #17 How many times? 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% October 17, 20 Question #18 Yes .1% 49.0% How did you learn about Food Truck and Music Festival Night? (select all that apply) 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Word of Mouth Attended Previously The Food Truck and Music Festival Website Another Street Magazine TV Internet/ Banners I Advertise Advertise Website/ Billboards ment ment Social Media Advertise 30 370 51.0% Radio Mailed Walked by Other Advertise Invitation the Event ment MIAMI Question #19 You indicated 'Other' in the previous question, please specify how you learned about Food Truck and Music Festival Night? October 17, 2012 Answer % Email Sent to Me 25.0% Newspaper 25.0% Postcards I Posters 50.0% Total: 100.0% November 14, 2012 Answer % Miami Herald 50.0% Miami Beach Newsletter 25.0% Working the Event 25.0% Total: 100.0% Question #20 Which internet/website/social media source did you learn about Food Truck and Music Festival Night through? October 17,2012 Answer % Facebook 33.5% The City of Miami Beach 33.5% Searching Food Trucks on 11.0% SoulofMiami.com 11.0% the305.com 11.0% Total: 100.0% November 14, 2012 Answer % Face book 45.5% FreeMiamiEvents.com 18.2% Twitter 27.3% MunchkinFun.com 9.0% Total: 100.0% Question #21 Which magazine did you learn about Food Truck and Music Festival Night through? October 17, 2012 Answer % New Times 80.0% AA 20.0% Total: 100.0% November 14, 2012 Answer % New Times 100.0% Total: 100.0% 31 371 Question #22 What means of transportation did you utilize to get to the actual event? (select all that apply) 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% 2012 !IIIII November 14, 2012 Question #23 How often would you like to have a food truck event in this neighborhood? 50.0% 45.0% 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Once Once every !IIIII November 1 Question #24 How often would you like to see events in this neighborhood? 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Once every 32 372 every three Once every three months 2.8% 0.7% every six months 0.9% 1.4% Once Once a year No More No Events Response MIAMI GREATER MIAMI CONVENTION & VISITORS BUREAU Question #25 What other events would you like to see in this neighborhood? (select all that apply) 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% October 17, 2012 11!11 November 14, 2012 Question #26 Culture Events 21.3% 20.4% 14.0% 13.7% You indicated 'Other' in the previous question, please specify what other events you would like to see in this neighborhood: October 17, 2012 Answer Bring Back Sleepless Nights Beach Arobics Children and Family Day Pet Beach Day Reggae Day Saturday and Sunday Shopping Markets Skate Night Sport Events World International Total: November 14, 2012 Answer Kids Day with Festival Rides Yoga I Exercise day Beach Sports Day Community Events Family Events Bike Day Cultural Events Pets Day Environment Education Day Total 33 373 % 18.1% 9.1% 9.1% 9.1% 9.1% 9.1% 9.1% 9.1% 9.1% 9.1% 100.0% % 28.6% 14.4% 10.7% 10.7% 10.7% 7.1% 7.1% 7.1% 3.6% 100.0% 11/llAMl GREATER MIAMI CONVENTION & VISITORS BUREAU Question #27 Will you attend the Food Truck and Music Festival Night again? 100.0% 80.0% 60.0% 40.0% 20.0% 0.0% 98.6% 34 374 1.4% MIAMI GREATER MIAMI CONVENTION & VISITORS BUREAU Two Month Analysis -Summary of Responses Wednesday, October 17,2012 Wednesday, November 14, 2012 Part 3 -Demographic Characteristics 35 375 I & EAU Question #28 Please select your Gender: 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Question #29 How do you identify yourself? Question #30 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% What is your ethnic background? 50.0% 45.0% 40.0% IIIII! November 14, 2012 Male 46.7% 48.3% Gay 81.3% 11.2% 90.2% 7.0% 50.5% 51 Lesbia 1.9% 0.0% 36 376 5.6% 2.8% Racial 0.9% 5.6% 1.3% 6.6% Tra 0.0% Prefer not to answe 0.0% 0.0% Prefer not to answer Question #31: You indicated 'Other' in the previous question, please specify your ethnic background: N/A Question #32 Which of the following age groups are you in? 45.0% 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% October 17, 2012 Question #33 What is your highest level of education? 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 0.0% October 17, 111111 November 14, 2012 37 377 Prefer not to answer 0.0% 0.0% MIAMI GREATER MIAMI CONVENTION & VISITORS BUREAU Question #34 What is your household income range? 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 19.6% 7.7% 38 378 MIAMI GREATER MIAMI CONVENTION & VISITORS BUREAU RESOLUTION TO BE SUBMITTED 379 COMMISSION ITEM SUMMARY Condensed Title: A resolution approving and authorizing the appropriation of a contribution from the Ocean Drive Association of an amount not to exceed $145,000 in support of the closure of Ocean Drive for the 2012- 2013 New Year's celebration and the 2013 Bowl Championship Series (BCS) game. Key Intended Outcome Supported: Maximize Miami Beach as a Destination Brand Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey indicated that most Miami Beach residents (71 %) indicated there were the right number of major events in the City; 16% thought there were too many. Residents of Mid Beach (20%) and North Beach (20%) were more likely to think there were too many major events in Miami Beach. Item Summary/Recommendation: Similar to the prior twelve ( 12) years, the Ocean Drive Association (ODA) approached the City to request participation and sponsorship of a free fireworks show on the beach east of Lummus Park at midnight on New Year's Eve. The City has partnered with Ocean Drive Association to share in the expenses related to the closure and fireworks for New Year's Eve, which has ranged from two (2) days to four (4) days depending on if the holiday occurs on a weekend or weekday. Additionally, there have been 2 years, 2010 and 2011, where the Orange Bowl Committee has shared in the cost since they produced an Orange Bowl Game related concert in the area. This year, the Orange Bowl Committee is not producing a concert for New Year's Eve and, therefore will not participate in the costs associated with the holiday activities. New Year's Eve occurs on a Monday this year and early indication is that hotel occupancy will be very strong beginning the weekend of December 28 1 h. Therefore, the Ocean Drive Association has requested the closure of Ocean Drive to vehicular traffic beginning the morning of Saturday, December 29, 2012, reopening on Wednesday, January 2, 2013 at 7:00a.m. As you know, each year the destination hosts the Orange Bowl Game (January 1, 2013), which is presented by the Orange Bowl Committee. This year, Miami-Dade County is fortunate to also host to College football's Bowl Championship Series (BCS) game on January 7, 2013. The Bowl Championship Series (BCS) is a five-game showcase of college football. It is designed to ensure that the two top-rated teams in the country meet in the national championship game. To help showcase the destination during the BCS Championship, the Orange Bowl Committee, pursuant to the issuance of a special event permit, will be hosting a series of public activities and free public concerts throughout the weekend. The Ocean Drive Association has requested a three (3) day closure of Ocean Drive during the BCS Championship weekend. The City will not share in the expenses associated with the closure of Ocean Drive for BCS weekend. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The Ocean Drive Association will contribute $145,000 toward the costs of closure of Ocean Drive for New Year's Eve and BCS Championship weekend events, as these events benefit the community and our visitors. Clerk's Office Le islative Trackin Max Sklar n-Offs: Department Director MIAMI BEACH 380 City Manager ~ AGENDA ITEM e 7 a DATE /~ ·-/J .-/2_ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: December 12, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATION OF A CONTRIBUTION FROM THE OCEAN DRIVE ASSOCIATION OF AN AMOUNT NOT TO EXCEED $145,000 IN SUPPORT OF THE CLOSURE OF OCEAN DRIVE FOR THE 2012-2013 NEW YEAR'S CELEBRATION AND THE 2013 BOWL CHAMPIONSHIP SERIES (~CS) GAME. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Maximize Miami Beach as a Destination Brand ANALYSIS Similar to the prior twelve (12) years, the Ocean Drive Association (ODA) approached the City to request participation and sponsorship of a free fireworks show on the beach east of Lummus Park at midnight on New Year's Eve. The City has partnered with Ocean Drive Association to share in the expenses related to the closure and fireworks for New Year's Eve, which has ranged from two (2) days to four (4) days depending on if the holiday occurs on a weekend or weekday. Additionally, there have been 2 years, 2010 and 2011, where the Orange Bowl Committee has shared in the cost since they produced an Orange Bowl Game related concert in the area. This year, the Orange Bowl Committee is not producing a concert for New Year's Eve and, therefore will not participate in the costs associated with the holiday activities. New Year's Eve occurs on a Monday this year and early indication is that hotel occupancy will be very strong beginning the weekend of December 28th_ Therefore, the Ocean Drive Association has requested the closure of Ocean Drive to vehicular traffic beginning the morning of Saturday, December 29, 2012, reopening on Wednesday, January 2, 2013 at 7:00 a.m. The estimated costs for this year's fireworks and closure are as follows: 381 New Year's Eve and BCS Ocean Drive Closure City Commission Meeting December 12, 2012 Page 2 of4 Police Fire Fireworks Fireworks Clean-up, istics, etc. Sanitation ODA Contribution Net of arks Costs 4 Da s 67,600 43 000 17 00 7,700 15 200 150,500 79 765 70,735 55,065 Additionally, many Miami Beach nightclubs and hotels host special New Year's Eve events. The City works with the area hotels and nightclubs to ensure that resources and security were appropriately allocated for the weekend. NEW YEAR'S EVE ENHANCED STAFFING Enhanced staffing levels for Police, Fire, Parking, Sanitation and Code Compliance are provided during the New Year's Eve weekend in the entertainment district. The Police Department has significant enhanced staffing throughout the weekend on foot patrols, bicycle patrols and ATV patrols throughout the Entertainment District, as well as undercover Crime Suppression Team officers. The Police Department also conducts DUI Saturation Patrols throughout the weekend. The City will also continue enforcement of our current laws and regulations with respect to open containers and public consumption of alcoholic beverages, in order to ensure that residents and visitors have a safe and enjoyable experience in Miami Beach. A letter will be sent to businesses reminding them of the City's laws and asking for their assistance in curbing public consumption of alcohol. The City's goal is to work in partnership with our businesses to curtail the public consumption of alcoholic beverages throughout our city, which sometimes results in negative and unwanted behavior. Various collateral materials have been developed by the City and have been offered to businesses (free of charge) to help in educating the public about our laws. Traffic & Parking Restrictions • Ocean Drive (5 to 14 streets) will be restricted to pedestrians only (no vehicles) from Saturday, December 29 at 7:00a.m. through Wednesday, January 2, 2013 at 382 New Year's Eve and BCS Ocean Drive Closure City Commission Meeting December 12, 2012 Page 3 of 4 7:00a.m. in anticipation of large crowds during the holiday weekend. Parking • All municipally operated parking facilities will be open. The following lots will have extended hours until4:00 a.m. on December 31/January 1:46 Street, South Pointe Park, and Convention Center & Fillmore. Special event flat rates ($15-$20) apply at most garages. • Residential parking zones citywide will be enforced. • Valet operations normally on Ocean Drive were relocated to Collins Avenue. Extended Hours • Nightclubs have been provided notice that service of alcohol for establishments with 5am licenses will be extended until 7:00a.m. on Tuesday, January 1, 2012. BOWL CHAMPIONSHIP SERIES (BCS) CHAMPIONSHIP As you know, each year the destination hosts the Orange Bowl Game (January 1, 2013), which is presented by the Orange Bowl Committee. This year, Miami-Dade County is fortunate to also host to College football's Bowl Championship Series (BCS) game on January 7, 2013. The Bowl Championship Series (BCS) is a five-game showcase of college football. It is designed to ensure that the two top-rated teams in the country meet in the national championship game. To help showcase the destination during the BCS Championship, the Orange Bowl Committee, pursuant to the issuance of a special event permit, will be hosting a series of public activities and free public concerts throughout the weekend. The following is a breakdown of the activities on the main stage: Saturday January 5th: Activities Begin approx. 4:00 pm and end at 8:00 pm to include: • Parachute jump • Pep Rally Team 1-approx. 60 minutes, includes band and cheerleaders • Pep Rally Team 2-approx. 60 minutes, includes band and cheerleaders Sunday January 6th: Activities Begin approx. 4:00 pm and end at 8 pm to include; • Parachute jump • First Act-approx. 60 minutes • Second Act -Approx. 60 minutes The Ocean Drive Association has requested a three (3) day closure of Ocean Drive during the BCS Championship weekend. The City will not share in the expenses associated with the closure of Ocean Drive for BCS weekend. The estimated costs for the closure are as follows: 383 New Year's Eve and BCS Ocean Drive Closure City Commission Meeting December 12, 2012 Page 4 of 4 Police CONCLUSION 51,000.00 11,875. 89,875.00 The Administration recommends adopting the attached resolution, accepting contributions from the Ocean Drive Association of an amount not to exceed $145,000 each toward the costs of closure of Ocean Drive for New Year's Eve and BCS Championship weekend events, as these events benefit the community and our visitors. KGB\MAS T:\AGENDA\2012\12-12-12\New Year's Eve 2012-2013.MEM.doc 384 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATION OF A CONTRIBUTION FROM THE OCEAN DRIVE ASSOCIATION OF AN AMOUNT NOT TO EXCEED $145,000 IN SUPPORT OF THE CLOSURE OF OCEAN DRIVE FOR THE 2012-2013 NEW YEAR'S CELEBRATION AND THE 2013 BOWL CHAMPIONSHIP SERIES (BCS) GAME. WHEREAS, Similar to the prior twelve (12) years, the Ocean Drive Association (ODA) approached the City to request participation and sponsorship of a free fireworks show on the beach east of Lummus Park at midnight on New Year's Eve; and the closure of Ocean Drive to vehicular traffic beginning on the morning of Saturday, December 29, 2012 reopening on Wednesday, January 2, 2012 at 7:00a.m.; and WHEREAS, the City worked diligently with the area hotels and nightclubs to ensure that resources and security were appropriately allocated for the weekend; and WHEREAS, due to the popularity of New Year's Eve and its occurrence this year on Monday evening, occupancy levels in Miami Beach were strong, and as result, many visitors enjoyed the closure of Ocean Drive; and WHEREAS, in the past, the City has assisted in defraying costs, associated with the closure and fireworks show for the public and other ancillary City services; and WHEREAS, this year, Miami-Dade County is fortunate to also host to College football's Bowl Championship Series (BCS) game on January 7, 2013; and WHEREAS, to help showcase the destination during the BCS Championship, the Orange Bowl Committee, pursuant to the issuance of a special event permit, will be hosting a series of public activities and free public concerts throughout the weekend; and WHEREAS, the Ocean Drive Association has requested a three (3) day closure of Ocean Drive during the BCS Championship weekend and the City will not share in the expenses associated with the closure of Ocean Drive for BCS weekend. 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 of the City of Miami Beach, Florida, hereby retroactively approve and authorize the appropriation of $60,000 from the Ocean Drive Association and Orange Bowl Committee toward support of the City's costs for 2011-2012 New Year's celebration. PASSED and ADOPTED this 12th day of December, 2012. ATTEST: CITY CLERK KGB/MAS T:\AGENDA\2012\1-11-12\New Year's Eve 2011-2012.RES.doc 385 MAYORAPPROVED AS TO FORM & LANGUAGE & FOR EXECUTION \"L-f5-\L.? \r/ Date COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals" by amending Section 10-11, entitled "Running At Large Prohibited" by extending the pilot off leash program for dogs in South Pointe Park through and including March 31, 2013. Ke Intended Outcome Su orted: rting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey ndicates 85% of residents rated the City's Recreation programs as either excellent or good. Item Summa /Recommendation: There have been several Commission/Commission Committee discussions/actions related to extending the dogs off leash in South Pointe Park pilot program. The most recent are: September 24, 2012 The NCAC unanimously moved to bring the concept of a hedge for the off- leash dog area of South Pointe Park back to the City Commission and recommended extending the off-leash pilot program through January 31, 2013. November 14, 2012 In response to the recommendation(s) of the NCAC Committee meeting held on September 24, 2012, the City Commission took the following actions: A) Adopted Resolution No. 2012-28070, which accepted the NCAC Committee's recommendations to: ~ Bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the City Commission, with the Commission further directing the Administration to file a new application for a hedge for the off-leash area to the Design Review Board as soon as possible; and ~ Extend the off-leash pilot program through March 31, 2013. B) Amended and adopted the attached Ordinance on First Reading which extended the South Pointe Park Dog Off-Leash Pilot Program through and including March 31, 2013. The Administration recommends the second reading and public hearing be held and the amendment be a roved. Advlso Board Recommendation: The Neighborhood Community Affairs Committee recommended approval of the ordinance amendment at their Se tember 24, 2012 meetin Financial Information· . Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: ] Kevin Smith, Si n-Offs: Department Director KS MA Account City Manager ~-+---------~--------~ T:\AGENDA\2012\12-12-12\Animal Ordinance Amendment Off Leas llot Program Extension 2 rdg Summary.doc MIAMI BEACH 387 AGENDAITEM }(Sjtg DATE 12-12-12_ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manage~~ DATE: December 12, 2012 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING MARCH 31, 2013; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The proposed ordinance amendment to extend the off-leash area pilot program in South Pointe Park is presented for second reading and public hearing following a discussion and recommendation of the issue at the Neighborhoods/Community Affairs Committee (NCAC) at the September 24, 2012 meeting and approval on first reading by the Mayor and City Commission at its November 14, 2012 meeting. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. INTRODUCTION At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs off-leash in City parks and other public properties in general, be referred to the Neighborhood/Community Affairs Committee for discussion. This initial Neighborhood/Community Affairs discussion was held on February 17, 2009. Since that time there have been ongoing discussions as to how the City can find the proper levels of services that address the needs of our residents and guests who own dogs with those who do not. These discussions have focused on the development of "bark parks" (fenced in areas in parks specifically designed and designated for dogs to run off leash): access for the dogs to water from a beach or park edge; the provision of dog bag/ waste stations that are located throughout the city's parks, rights of way, Lincoln Road, the Beach walk and other public areas; and the establishment of off-leash access in the parks to areas which are unfenced/ unsecured where dogs would run off leash and beyond their owner's control. BACKGROUND There are presently total of five fenced dog parks and one designated off-leash area within the City's parks. These include Belle Isle, Flamingo, North Shore Open Space Park, Pinetree, South Pointe (un-fenced/off-leash area) and Washington Avenue (two sites). 388 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited Second Reading/Public Hearing December 12, 2012 City Commission Meeting Page 2 ofS One of the initial discussion issues focused on the development of a dog park within South Pointe Park, an enclosed area similar to the dog parks in Flamingo, Washington Avenue, Pinetree, or Belle Isle, or one without a fence. The conclusion of the discussion was to build-out a larger dog park on Washington Avenue, diagonal from the then-existing dog park on Collins Avenue and 2nd street. It was also recommended that the City look at whatever amendments would be needed to permit a pilot, off-leash area in a designated section of South Pointe Park, with limited hours of use. The designation of an off-leash area was not only prohibited by City Code, but it was also prohibited by County Code. Since the initial discussions in early 2009, there have been several Commission/Commission Committee discussions concerning dogs off leash in South Pointe Park and the existing pilot program resulting in various actions. Select actions are as follows: • September 9, 2009, the City Commission approved, on second reading, an Ordinance amending Chapter 10 of the Miami Beach Code entitled "Animals" to allow the City Commission to designate specific off-leash areas for dogs in public parks, specifically for South Pointe Park. The action established morning off-leash hours (park opening (sunrise) to 9:00 A.M.) only in a specific, unenclosed area of South Pointe Park located in the triangular area where the public art was scheduled to be sited (south and west of the Washington Avenue entry plaza). The item was amended to clarify that a South Pointe Park Dog Off-leash Pilot Program would be for a trial period of six months, commencing only if/when Miami-Dade County amended Section 5-20 of their Code pertaining to animals. At the time of the City Ordinance approval, County Code prohibited dogs off leash except in authorized park areas. • May 4, 2010, the Miami-Dade County Commission adopted the ordinance amendment at their Board of County Commissioners meeting amending Section 5-20 of their Code pertaining to animals. • June 10, 2010, the initial South Pointe Park Dog Off-leash Pilot Program began. • February 3, 2011, the Neighborhood/Community Affairs Committee held a discussion concerning the South Pointe Park Dog Off-leash Pilot Program and recommended extending the trial period, as well as adding two (2) additional hours in the evening on Monday through Friday only (hours to be determined). They also discussed the concept of adding a hedge to surround the off-leash area once it returns to its permanent area (from where it had to be moved when the Lighthouse art sculpture was being installed). It was concluded that the item would return to Committee after the installation of the public art, and if the off-leash program was approved to continue, to discuss whether the off-leash area should move back to the original site, or remain at the current location (portion of west lawn). • October 19, 2011, the City Commission approved an ordinance on second/final reading that extended the pilot off-leash program until January 1, 2012, and added two (2) hours in the evening from 5:00P.M. To 7:00P.M., Monday through Friday. • December 8, 2011, the Neighborhood/Community Affairs Committee discussed the continuation of the South Pointe Park Dog Off-leash Pilot Program. At the conclusion of the discussion the Committee recommended the program be extended until July 15, 2012. 389 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited Second Reading/Public Hearing December 12, 2012 City Commission Meeting Page 3 of5 • January 11 I 20121 the City Commission approved an ordinance amendment on second reading to extend the South Pointe Park Dog Off-leash Pilot Program until July 15, 2012, modified the off-leash hours in the designated area in the morning from sunrise to 10:00 A.M. daily and between 4:00P.M. and 7:00P.M. Monday through Friday and relocated the off-leash area to the west lawn, south and east of the Washington Avenue entry plaza. The Commission also instructed the Administration to file an application to the Design Review Board (DRB) for the approval of a hedge in the newly established location. • March 6, 20121 the DRB held a hearing on the Administration's application for the approval of a hedge in the newly established location of the off-leash area in South Pointe Park. • March 13. 2012, DRB rendered an Order imposing conditions that effectively denied the Administration's request for a hedge by stating "there shall be no hedge to define the area" and the off-leash area "shall not be located in area #3, surrounding the arts in public places 'lighthouse project'." • April 11 I 2012. the City Commission approved a resolution setting a public hearing, pursuant to Section 118-262 of the City Code, requesting a review of the Design Review Board decision rendered on March 13, 2012 (DRB File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park. • May 9, 20121 a City Commission item was introduced calling for a public hearing to consider the appeal of the Design Review Board Order in File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park. In addition, a resolution setting forth an order (granting or denying) an appeal request by the City Manager of the City of Miami Beach, pertaining to a decision of the Design Review Board (DRB) for South Pointe Park was presented. At the conclusion of the discussion a motion was made by Vice-Mayor Libbin to continue the consideration of reversing the DRB Appeal to the June 6, 2012 Commission Meeting; seconded by Commissioner Exposito; Voice vote 6-1; Opposed: Commissioner Wolfson. • May 22. 2012, the N/CAC discussed the South Pointe Park Dog Off-leash Pilot Program and recommended it be extended again from July 15, 2012 through and until December 311 2012. • June 61 20121 the City Commission item, deferred from the May 9, 2012 Commission, calling for a public hearing to consider the appeal of the Design Review Board Order in File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park was again introduced. In addition, a resolution setting forth an order (granting or denying) an appeal request by the City Manager of the City of Miami Beach, pertaining to a decision of the Design Review Board (ORB) for South Pointe Park was presented. Following a discussion the motion to support the appeal failed and the appeal of the DRB order was denied. • June 6, 2012, the City Commission approved an ordinance on first reading extending the South Pointe Park Dog Off-leash Pilot Program through and until December 31, 2012. 390 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited Second Reading/Public Hearing December 12, 2012 City Commission Meeting Page 4 of 5 • July 18. 2012, the City Commission held the public hearing and approved the ordinance on second reading extending the South Pointe Park Dog Off-leash Pilot Program through and until December 31, 2012. Additionally, the Commission requested the matter be sent back to the Neighborhood/Community Affairs Committee to discuss in greater detail the number of documented violations that have transpired since the South Pointe Park Dog Off-leash Pilot Program began in June, 2010. ANALYSIS September 24. 2012 Neighborhood/Community Affairs Committee Discussion -South Pointe Park Dog Off-Leash Pilot Program The NCAC discussed the South Pointe Park Dog Off-leash Pilot Program at its September 24, 2012 meeting. The Administration advised the Committee that as stipulated by the City Commission action of July 18, 2012 and the Miami Beach City Code, the current South Pointe Park Dog Off-Leash Pilot Program is scheduled to terminate on December 31, 2012. If no action is taken the program will terminate. As any modification/code amendment to extend the pilot program requires two (2) Commission actions the Administration requested that the NCAC discuss the future of the South Pointe Dog Off-Leash Pilot Program and provide direction as to how to proceed. The Administration also provided information requested by the NCAC related to the number of documented instances of dogs off-leash in violation of the City's established times and/or location. It was reported to the Committee that monitoring reports maintained by Code Compliance and Security Alliance indicated that for the period of June, 2010 when the South Pointe Park Dogs Off-leash Pilot Program began, through August, 2012, there were 901 violations reported. Additional discussion was held. Commissioner Weithorn stated that although the dog owners that come to these meetings are responsible, she has observed that the dogs have expanded beyond the off-leash area to the entire cut walk, and she has been chased by dogs on at least twice. Commissioner Libbin stated that there are three options; including; 1. Do nothing. 2. Curtail the program completely. 3. Find a mechanism to allow the dogs to be off-leash in a controlled area. Commissioner Libbin then suggested bringing a new initiative for a hedge to the Commission. At the conclusion of the discussion 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 City Commission and recommended extending the off-leash pilot program through January 31, 2013. November 14. 2012 City Commission Actions In response to the recommendation(s) of the NCAC Committee meeting held on September 24, 2012, the City Commission took the following actions at the November 14, 2012 City Commission meeting: A) Adopted Resolution No. 2012-28070, which accepted the NCAC Committee's recommendations to: 391 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited Second Reading/Public Hearing December 12, 2012 City Commission Meeting Page 5 ofS ~ Bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the City Commission, with the Commission further directing the Administration to file a new application for a hedge for the off-leash area to the Design Review Board as soon as possible; and ~Extend the off-leash pilot program through March 31, 2013. B) Amended and adopted the attached Ordinance on First Reading which extended the South Pointe Park Dog Off-Leash Pilot Program through and including March 31, 2013. CONCLUSION On November 14, 2012, the City Commission approved this ordinance as amended, on first reading extending dog off leash pilot program in South Pointe Park through and until March 31, 2013. It is presented for second reading and public hearing. This amendment is necessary to continue the off-leash program in South Pointe Park, as the current pilot program was scheduled to expire on December 31, 2012. It will permit the continuation of the program while the Administration files and presents a new application for a hedge in the off-leash area to the Design Review Board and reports the outcome back to the City Commission as directed. ~~ KGB/ T:\AG A\2012\12-12-12\Animal Ordinance Amendment Off Leash Pilot Program Extension 2nd rdg memo.doc 392 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING MARCH 31, 2013; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 5-20 of the Miami-Dade County Code, "a dog may be unrestrained and shall not be deemed at large if it is supervised by a competent person and is (i) in a park area in which dogs are specifically authorized by a municipality or by the County to be unrestrained ... "; and WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009-3646 which specifically authorized dogs to be unrestrained and off-leash in South Pointe Park for a pilot program in the triangular area south and west of the Washington Avenue entry plaza from sunrise to 9:00 A.M. daily, or during such hours as may be specifically designated by a resolution of the City Commission after a public hearing; and WHEREAS, on October 19, 2011, the Mayor and City Commission adopted Ordinance No. 2011-37 43 which extended the pilot program in South Pointe Park until January 1, 2012, and extended the off-leash hours in South Park by adding two (2) hours in the evening from 5:00P.M. to 7:00P.M. on Monday through Friday; and WHEREAS, on January 11, 2012, the Mayor and City Commission adopted Ordinance No. 2012-3750 which extended the off-leash hours in the designated area in South Pointe Park from sunrise to 10:00 A.M. daily, and in the evening from 4:00 P.M. until sunset on Monday through Friday, relocated the off-leash dog area to the area south and east of the Washington Avenue entry plaza, and extended the off-leash program to July 15, 2012; and WHEREAS, on May 22, 2012, the Neighborhoods/Community Affairs Committee recommended that the off-leash pilot program in South Pointe Park be extended through December 31, 2012; and WHEREAS, following a first reading on June 6, 2012, the Mayor and City Commission adopted Ordinance No. 2012-3772 after a second reading/public hearing on July 18, 2012 which extended the off-leash pilot program in South Pointe Park through and including December 31, 2012; and WHEREAS, on September 24, 2012, the Neighborhoods/Community Affairs Committee recommended that the off-leash pilot program in South Pointe Park be extended through January 31, 2013; and WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program in South Pointe Park through and including March 31, 2013. 393 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 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows: Chapter 10 ANIMALS * * * Sec. 10-11. Running at large prohibited. It shall be prohibited for the owner or person in control of any animal to permit the animal to run at large. All animals, when not on the premises of their owner or of the person in control, must be on a leash or contained in a carrier device and under the control of a competent person, except that in South Pointe Park, in the designated area south and east of the Washington Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 A.M. daily and from 4:00P.M. to 7:00 P.M. on Monday through Friday, or during such other hours as may be specifically designated by a resolution of the city commission after a public hearing, through and including December 31, 2012 March 31, 2013. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. 2 394 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of December, 2012. PASSED and ADOPTED this day of December, 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR Underline denotes additions and strike through denotes deletions F:\ATTO\TURN\ORDINANC\Amendment Off Leash Pilot Program Extension 3-31-13.docx 3 395 THE MIAMI HERALD MlamiHerald.com NOTICE IS HEilEIIY given that public hearings will be held by the Mayor and City Commission of the City Ill Miami Beach, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Rorida, on Wednesday, December 12,2012, to consider tile following: 111:30 a.m. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 1 0·11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING MARCH 31, 2013. lnqliries may be directed to the Parks and Recrealion Department (305) 673-7730. 11:00 a.m. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FlORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION," BY AMENDING 1111TICLE VI, ENillLED "PROCUREMENT," BY AMENDING DIVISION 5, ENTITLED "DEBARMENT OF CONTRACTORS FROM CITY WORK,'' BY AMENDING SECTION 2·397, ENTITLED "PURPOSE OF DEBARMENT," TO PROVIDE THE PURPOSE FOR SUSPENSIONS; BY AMENDING SECTION 2-398, ENTITlED "DEFINITIONS," TO PROVIDE ADDITIONAL DERNITIONS REGARDING SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 2-399, ENTITLED "UST OF DEBARRED CONTRACTORS," TO PROVIDE FOR THE ADDITIONAl USTING OF SUSPENDED CONTRACTORS; BY AMENDING SECTION 2-400, ENTITLED "EFFECTS OF DEBARMENT" TO PROVIDE FOR THE EFFECTS OF SUSPENSION; BY AMENDING SECTION 2-401, ENTITlED "CONTINUATION OF CURRENT CONTRACTS," TO PROVIDE THAT SUSPENSION MAY AFFECT THE CONTINUATION OF CURRENT CONTRACTS OR BIDS; BY AMENDING SEC1l0N 2-402, ENTITLED "RESTRICTIONS ON SUBCONTRACTING," TO PROVIDE FOR RESTRICTIONS ON SUSPENDED CONTRACTORS; BY AMENDING SEC1lON 2-403; ENTITLED "DEB/111MENT," TO PROVIDE FOR THE MAYOR AND CITY COMMISSION, AT ITS OPTION AND BY MAJORITY VOTE, TO HEAR DEBARMENT OR SUSPENSION MAillRS, AND TO PROVIDE FOR PROCEDURES FOR THE SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 2-404, ENTITLED "CAUSES FOR DEBARMENT," BY PROVIDING FOR ADDITIONAL CAUSES FOR DEBARMENT, AND TO PROVIDE FOR CAUSES FOR SUSPENSION; BY AMENDING SECTION 2-405, ENillLED "DEBARMENT PROCEDURES," TO AMEND THE PROCEDURES FOR DEBARMENT AND TO PROVIDE PROCEDURES FOR THE SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 4-206, ENTITLED "PERIOD OF DEBARMENT," BY PROVIDING FOR PERIODS OF SUSPENSION AND REQUESTS FOR REDUCING PERIODS OF SUSPENSION. lnqliries may be directed to the City Attorney's Office (305) 673-7470 5:01p.m. ORDiNANCE AMENDING THE OFACIAL 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 P/111CEl KNOWN AS THE "MIAMI HEART INSTITIITE," MORE PARTIClll/111lY DESCRIBED IN THE LEGAl DESCRIPTION ATTACHED AS EXHIBIT "/1:' HERETO, FROM THE CURRENT ZONING ClASSIFICATION HD, "HOSPITAL DISTRICT," TO THE PROPOSED ZONING ClASSIFICATION RM-1, "RESIDENTIAL MULTI-FAMILY LOW INTENSITY." lnqliries may be directed to the Planning Department (305) 673-7550. 5:15p.m. PARKJNG DISTRICT NO.5 -SUNSET HARBOUR ORDINANCE AMENDING llHE CODE OF llHE CiiTY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130-31 "PARKJNG DISTRICTS ESTAI.lUSHED," 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 SOUllH; AMENDING SECTION 142-483, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDITIONAl USES IN llHE 1-1 URBAN LIGHT INDUSTRIAl DISTRICT; AMENDING CHAPTIER 142, ARTICLE II, "DISTRICT REGUlATIONS," DIVlSION 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. lnqliries may be directed to the Parking Department (305) 673-7275. INTERESTED PARTIES are invited to appear at this meeting. or be represented by an agent, or to express their views in writing addressed to !he City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available lor public inspection during nonmal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by !he City (',ommission with respect to any matter considered atlts meeting or its hearing, such person must ensure !hat a verbatim record of !he proceadlngs is made, which record includes tl1e testimony and evidence upon which the appeal is to be based. 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M#7li4 396 R5 -Ordinances R5B An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration," By Amending Article VI, Entitled "Procurement," By Amending Division 5, Entitled "Debarment Of Contractors From City Work," By Amending Section 2-397, Entitled "Purpose Of Debarment," To Provide The Purpose For Suspensions; By Amending Section 2-398, Entitled "Definitions," To Provide Additional Definitions Regarding Suspension Of Contractors; By Amending Section 2-399, Entitled "List Of Debarred Contractors," To Provide For The Additional Listing Of Suspended Contractors; By Amending Section 2-400, Entitled "Effects Of Debarment" To Provide For The Effects Of Suspension; By Amending Section 2-401, Entitled "Continuation Of Current Contracts," To Provide That Suspension May Affect The Continuation Of Current Contracts Or Bids; By Amending Section 2-402, Entitled "Restrictions On Subcontracting," To Provide For Restrictions On Suspended Contractors; By Amending Section 2-403; Entitled "Debarment," To Provide For The Suspension Of Contractors; By Amending Section 2-404, Entitled "Causes For Debarment," By Providing For An Additional Cause For Debarment When A City Contractor Is Found To Have Committed Any Offense Indicating A Lack Of Business Integrity Or Honesty That Seriously And Directly Affects The Present Responsibility Of A City Contractor, And To Provide For Causes For Suspension; By Amending Section 2-405, Entitled "Debarment Procedures," To Provide Procedures For Suspension Of Contractors; By Amending Section 4-206, Entitled "Period Of Debarment," By Providing For Periods Of Suspension And Requests For Reducing Periods Of Suspension; Providing For Repealer; Severability; Codification; And An Effective Date. 11 :00 a.m. Second Reading Public Hearing (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) (First Reading on November 14, 2012/Referred to NCAC) (Memorandum & Ordinance to be Submitted in Supplemental) Agenda ltem_~..c.....=~ Date 397 THIS PAGE INTENTIONALLY LEFT BLANK 398 JOSE SMITH, CITY ATTORNEY OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower Members of the City Commission Amendments to Ordinance No. 1605, the Unclassified Employee Salary Ordinance, Regarding Salary and Compensation Provisions for the City Manager and City Attorney Consistent with Articles Ill and IV of the City Charter, the attached Ordinance amends and sets forth compensation provisions for the City Manager and City Attorney. Pursuant to Section 3.01, Article Ill of the City Charter, the "compensation for the City Attorney" shall be fixed by the City Commission by ordinance. As similarly provided in Article IV, Section 4.01 of the City Charter, the "City Manager's compensation shall be fixed by the City Commission by ordinance". The following provides a brief history of the city ordinances setting the compensation for the City Manager and the City Attorney. Legislative History Beginning in 1966, pursuant to Ordinance 1605, the City Commission established a compensation plan for offices and positions in the Unclassified Services of the City. This Ordinance established a schedule of salaries for, among others, the positions of City Manager and City Attorney. The City Manager's "salary per month" was set at $2,083.33 and the City Attorney's "monthly compensation" was established between a minimum of $1,328.00 and a maximum of $1 ,614.00. In 1988, via Ordinance No. 88-2611, bi-weekly compensation maximum amounts were established for the City Attorney and for the City Manager in the amount of $3,448.28. Agenda Item RSC- Date /Z,-{ ?_,-/2-, 399 In 1995, the City's Unclassified Salary Ordinance was amended, via Ordinance No. 95-3023, to provide for bi-weekly minimum and maximum compensation ranges for the City Manager ($3,824.89 to $6, 124.60). In 1997, pursuant to Ordinance No. 97-3096, the "bi-weekly range of compensation" for the City Attorney was amended to reflect that it would be as "Determined by Commission." In 2001, Ordinance No. 2001-3305 established numeric salary grades with minimum and maximum salary ranges. The City Manager was designated with a salary Grade 26 with a minimum salary of $117,937.00 and a maximum salary of $189,108. In Ordinance No. 2002-3356 adopted in 2002, the City Manager and the City Attorney salary provisions for Grade 26 were amended to provide a minimum salary of $122,655. and a maximum salary of $198,100. for both positions. In 2002, in Ordinance No. 2002-3383, salary Grade 26 for the City Manager and City Attorney was amended to reflect that minimum and maximum salary ranges would be "as Determined by City Commission." Proposed Salary and Compensation Ordinances Attached hereto are three proposed Ordinances regarding the salary and compensation for the City Manager and City Attorney. As discussed below, Option A is the version which was approved by the City Commission on First Reading on July 18, 2012 and referred to the Finance and Citywide Projects Committee ("FCWPC"). Option B is the proposal of the Finance and Citywide Projects Committee and Option C is the proposal of Commissioner Jonah Wolfson. City Commission Version -Option A The attached Option A Ordinance was heard on First Reading before the City Commission on July 18, 2012 and was referred to the Finance and Citywide Projects Committee for its consideration. This option provides salary ranges for the City Manager and City Attorney, as well as other categories of compensation. The Ordinance was scheduled for a Second Reading/Public Hearing on September 12, 2012, but was continued to October 24, 2012 pending the FCWPC's review. On October 24, 2012, the Ordinance was again placed on the Commission agenda for Second Reading/Public Hearing, but was continued to December 12, 2012 pending consideration by the FCWPC. 400 Finance and Citywide Projects Committee Version-Option 8 On November 9, 2012, the proposed Option A Ordinance was considered by the FCWPC. The Committee recommended a different version of the Ordinance which is attached hereto as Option B. This version provides salary ranges for the City Manager and City Attorney and for other compensation as may be set forth by agreement. Commissioner Jonah Wolfson's Version-Option C The Ordinance attached hereto as Option C reflects the proposals of Commissioner Jonah Wolfson. This version provides a specific salary for the City Manager and City Attorney as well as certain specified categories of compensation. Conclusion The City Attorney concurs with the recommendation of the Finance and Citywide Projects Committee set forth in Option B. This Option provides both transparency and flexibility in establishing the salary and compensation for the City Manager and City Attorney. JS/DT/mmd F:\ATTO\SMIJ\COMMISSION MEMOS\Salary Ordinance December 12, 2012.docx 401 OPTION "A" (FIRST READING VERSION) 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 BY AMENDING THE SALARY RANGES AND ESTABLISHING COMPENSATION PROVISIONS FOR THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to amend the City's Unclassified Employees Salary Ordinance to establish salary ranges and compensation categories for the City 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. That Ordinance No. 1605, the Unclassified Employees Salary Ordinance, is hereby amended as follows: CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges GRADE MINIMUM 26 Determined by the City Commission MAXIMUM Determined by the City Commission Grade, Classifications and Compensation for the City Manager and City Attorney CITY MANAGER BASE SALARY/RANGE HEALTH, LIFE & OTHER INSURANCE: PROFESSIONAL 402 $162,916.00 to $263. 126.00/yr City pays premium for term life insurance policy, and for hospitalization, surgical and comprehensive medical, dental and vision insurance Dues and subscriptions as DEVELOPMENT: OTHER BENEFITS: CITY ATTORNEY BASE SALARY/RANGE: GRADE SECTION 2. REPEALER. DEFERRED COMPENSATION: HEALTH, LIFE & OTHER INSURANCE: PROFESSIONAL DEVELOPMENT: OTHER BENEFITS: MINIMUM BIWEEKLY * * * reasonably necessary Vacation. sick leave. holidays, planning days and similar fringe benefits as other unclassified city employees $162,916.00 to $263, 126.00/yr As allowed by I.R.S. 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 BIWEEKLY That 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 be affected by such invalidity. 2 403 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect the ____ day of _____ , 2012. PASSED and ADOPTED this __ day of ________ , 2012. Matti Herrera Bower, Mayor ATTEST: Rafael Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTI~) l / /2-,5-12. Date F:\ATTO\SMIJ\ORDINANCES\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEY Option A (First Reading).docx 3 404 OPTION "B" (FINANCE COMMITTEE) 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 BY AMENDING THE SALARY RANGES AND ESTABLISHING COMPENSATION PROVISIONS FOR THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to amend the City's Unclassified Employees Salary Ordinance to establish a salary range and benefit provisions for the City 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. That Section 1 of the Unclassified Salary Ordinance No. 1605 (the "Ordinance") is hereby amended as follows: CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges GRADE 26 MINIMUM BIVVEEKLY Determined by the City Commission MAXIMUM BIVVEEKLY Determined by the City Commission SECTION 2. That Section 1 of the Ordinance is further amended to create the following new sub-subsection, entitled "Grade, Classifications and Salaries for the City Manager and City Attorney," which will be inserted immediately beneath the first subsection in Section 1 of the Ordinance, which subsection is entitled "Class and Pay Grades, Salaries and Classifications": CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges Grade, Classifications and Compensation for the City Manager and City Attorney *26 CITY MANAGER BASE SALARY/RANGE $162,916.00 to $263,126.00/yr 405 *26 CITY ATTORNEY BASE SALARY/RANGE $162,916.00 to $263,126.00/yr *Pursuant to the powers vested in the City Commission under Article II, Section 2.03 of the City Charter, the City Commission may by Resolution approve an employment agreement with, respectively, the City Manager and City Attorney. providing for such further terms and conditions including. without limitation. such other additional benefits as the QityGommission may deem in the best interest of the City. GRADE MINIMUM BIWEEKLY MAXIMUM BIWEEKLY * * * SECTION 3. REPEALER. That 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 the ____ day of _____ , 2012. PASSED and ADOPTED this __ day of--------' 2012. Matti Herrera Bower, Mayor ATTEST: Rafael E. Granado, City Clerk Date F:\ATTO\SMIJ\ORDINANCES\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEY Option B (Finance Committee).docx 2 406 OPTION "C" (COMMISSIONER WOLFSON'S VERSION) 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 BY AMENDING THE SALARY RANGES AND ESTABLISHING COMPENSATION PROVISIONS FOR THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to amend the City's Unclassified Employees Salary Ordinance to establish certain salary provisions and compensation categories for the City 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. That Section 1 of the Unclassified Salary Ordinance No. 1605 (the "Ordinance") is hereby amended to delete the following line: CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges GRADE MINIMUM 26 Determined by the City Commission MAXIMUM Determined by the City Commission SECTION 2. That Section 1 of the Ordinance is further amended to create the following new sub-subsection, entitled "Grade, Classifications and Salaries for the City Manager and City Attorney," which will be inserted immediately beneath the first subsection in Section 1 of the Ordinance, which subsection is entitled "Class and Pay Grades, Salaries and Classifications": CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges Grade, Classifications and Compensation for the City Manager and City Attorney 26 CITY MANAGER BASE SALARY: $220,000.00/yr ($8461.54 biweekly) Medical insurance, Dental Insurance, 407 Life Insurance 457 Deferred Compensation Vehicle allowance Planning Days (48 hrs/ 6 days) Annual Vacation, Sick Leave, Floating, and Birthday 26 CITY ATTORNEY BASE SALARY: GRADE SECTION 3. REPEALER. Medical insurance, Dental Insurance, Life Insurance 457 Deferred Compensation Vehicle allowance Planning Days (144 hrs/18 days) Annual Vacation, Sick Leave, Floating, and Birthday MINIMUM BIWEEKLY * * * $3,900.00 $5,076.92 As provided in the Unclassified Employees Leave Ordinance $220,565.54/yr ($8.483.29 bi-weekly) $22,500.00 $15,269.92 As provided in the Unclassified Employees Leave Ordinance MAXIMUM BIWEEKLY That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 408 SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of Ordinance is held invalid, the remainder shall not affected by such invalidity .. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the ____ day of _____ , 2012. ATTEST: Rafael Granado, City Clerk (Sponsored by Commissioner Jonah Wolfson) Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE & R EXECUTI ~ ! //" 12.-J-Jl..- Date F:\ATTO\SMIJ\ORDINANCES\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEY Option C (Commissioner Wolfson's version).docx 3 409 THIS PAGE INTENTIONALLY LEFT BLANK 410 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment regarding an amendment to the Official Zoning District Map of the Code of the City of Miami Beach and the Future Land Use Map (FLUM) of the City of Miami Beach, for the Miami Heart Institute property. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc.): 48% of residents and 53% of businesses rated the effort to regulate development in the City as about the right amount. Item Summa /Recommendation: SECOND READING I OPEN & CONTINUE The proposed ordinances would amend the FLUM and Zoning Maps of the City of Miami Beach by changing the current main permitted use of 'Hospital' on the Miami Heart Institute property at 4701 North Meridian Avenue to 'Residential'. These amendments are being proposed in order to accommodate a new, residential development for the subject site. The City Commission approved the Zoning Map Amendment Ordinance at First Reading on October 24, 2012 and set a Second Reading Public Hearing for December 12, 2012. In light of the fact that a final decision by the DRB on the design of the residential conversion project will not take place until January 8, 2013, the Administration recommends that the City Commission open and continue the Zoning Map Amendment Ordinance and the FLUM Amendment Ordinance to a date certain of Januar 16, 2013. Adviso Board Recommendation: On July 24, 2012, the Planning Board recommended that the City Commission approve the ro sed ordinances b a vote of 5-0 1 member absent, 1 osition vacant. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance should not have a significant fiscal impact upon the City, but may slightly increase the property's value as the defunct hospital building is renovated and converted into habitable apartment units. . Cit Clerk's Off1ce Le islative Trackin Department Director Assistant City Manager T:\AGENDA\2012\12-12-12\Miaml Heart HD-SUM open and continue.docx MIAMI BEACH 411 anager AGENDA ITEM _R;:......:.....:S....;D::::;;.,__ DATE 12..-12..-f 2 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Jrommission Kathie G. Brooks, Interim City Managerp I-· December 12, 2012 SECOND READING PUBLIC HEARING SUBJECT: Miami Heart Institute, 4701 North Meridian Avenue FLUM Amendment & Zoning Map Change FLUM Amendment (Planning Board File No. 2059). 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 File 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 Open and continue the Zoning Map Amendment Ordinance and the FLUM Amendment Ordinance to a date certain of January 16, 2013. BACKGROUND The applicant, 4701 North Meridian, LLC, submitted a request to amend the Future Land 412 Commission Memorandum Miami Heart Institute -FLUM and Zoning Map Change December 12, 2012 Page 2of 6 Use Map of the Comprehensive Plan and the Official Zoning District Map of the City of Miami Beach, for the Parcel commonly known as the "Miami Heart Institute," which is comprised of less than 1 0 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 Future Land Use Category for the subject parcel 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 with 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 1967. Mount Sinai purchased Miami Heart Institute in 2000; however its operations and its emergency room have been closed since 2004. The remaining services include the rehabilitation center, hospice, dialysis, and wound-care center which will move into Mount Sinai. The PF-HD future land use and HD zoning designations allow only Hospitals as a main permitted use, and also allow a variety of accessory uses related to hospital use. The use of the site for residential use with accessory recreational facilities would not be permitted by the 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 with a maximum FAR of 1.25. However, to the south of the site is a single- family district (RS-4 ), which is defined by 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 the existing structure will create a better transition to the lower scale single family context to the immediate south. 413 Commission Memorandum Miami Heart Institute -FLUM and Zoning Map Change December 12, 2012 City Charter Page 3of 6 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 City Charter. Charter section 1.03(c) states, in part: The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its 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 in 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 shall 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 to a district or combination of districts with a floor area ratio no greater than the zoning of abutting land (sharing lot line) ... Following the mandate of Charter Section 8.09 above, Section 142-456 (a) and (c) - Rezoning of HD district -of the Land Development Regulations of the City Code also governs this request as follows: (a) If an application is filed pursuant to section 118-162 to rezone all or part of an HD district, the rezoning shall be to a district or combination of districts with a floor area ratio no greater than the abutting land (sharing lot line). (c) Any building existing on the property may be adaptively reused consistent with the underlying zoning regulations retaining existing nonconforming height, setbacks, floor area ratio and off-street parking, regardless whether the rehabilitation exceeds 50 percent of the value determination, provided that the repaired or rehabilitated building shall be subject to the regulations in subsection 118-395 (b)(1)a.-d. (see below; however since this site is not within a designated historic district, sub-section d. does not apply). Nonconforming buildings (1) Nonconforming buildings which are repaired or rehabilitated by less than 50 percent of the 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 minimum 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 property maintenance standards, the applicable Florida Building Code, and 414 Commission Memorandum Miami Hearl Institute -FLUM and Zoning Map Change December 12, 2012 the Life Safety Code. Page 4 of 6 d. If located within a designated historic district, or an historic site, 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 of appropriateness criteria in Article X of these Land Development Regulations. If the repair or rehabilitation of a contributing structure conflicts with any of these regulations, the property owner shall 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 (c) 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 intensity of the existing HD Hospital category is more than the RM-1 zoning district (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 only residential uses and accessory uses that are incidental to and customarily associated with 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 of use. The trip generation rate and parking requirement for hospital is among the highest of all uses, while residential uses are less intense. The total trip generation for 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 The total land area involved in this application is 4.33 acres. Under Section 163.3187 F.S., land use map amendments of less than 10 acres in size may be considered "small- scale" amendments. As such, only one public hearing before the City Commission is required, which shall be an adoption hearing. Although not required, the local 415 Commission Memorandum Miami Heart Institute -FLUM and Zoning Map Change December 12, 2012 Page 5of 6 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. lnterlocal Agreement for Public School Facility Planning The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes, requiring 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 of 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 could be developed within the existing structures is 260 units. Staff forwarded this information to the Miami-Dade County School Board, and the applicant made application for a preliminary school concurrency determination. Staff received notification from the School Board with the following preliminary determination: As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed project would yield a maximum residential density of 260 multifamily units, which generates 23 students; 11 elementary, 5 middle and 7 senior high students. At this time, only the elementary and middle schools have sufficient capacity available to serve the application; while at the senior high school level, the review reveals a shortfall of 7 seats. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. PLANNING BOARD REVIEW On July 24, 2012, the Planning Board (by a 5-0 vote) transmitted both Ordinances to 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 with the City Attorney's office. Such covenant pertaining to site has been agreed to by all parties and fully executed. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance will not have a negative fiscal impact upon the City, as it will increase the property's value as the defunct hospital building is renovated and converted into habitable apartment units. For example, the Miami Dade County Property Appraiser's website indicates that the main campus property consisting of the vacant hospital has a tax bill of under $90,000. The proposed rehabilitation with the rezoning would convert the facility into 120 plus units ranging in size from 3,000 to 4,000 square feet. The expected market value of 416 Commission Memorandum Miami Heart Institute -FLUM and Zoning Map Change December 12, 2012 Page 6of 6 these units, using 2010 average condo sales prices for condominium units, should be over $50,000,000 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 for 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 review and approval from the Design Review Board (DRB) for the conversion of the hospital to residential, prior to the final adoption of the proposed amendments. Additionally, the covenant pertaining to site has been agreed to by all parties and fully executed. 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 (2) separate readings. The City Commission approved the Zoning Map Amendment at First Reading on October 24, 2012. Both the FLUM Amendment and the Zoning Map Amendment can be adopted on December 12, 2012. The DRB will be considering the applicants residential proposal, as a preliminary evaluation, on December 4, 2012, which is prior to the December 12, 2012 City Commission meeting. The final approval from the DRB is expected on January 8, 2013. CONCLUSION In light of the fact that a final decision on the design of the residential conversion project will not take place until January 8, 2013, the Administration recommends that the City Commission open and continue the Zoning Map Amendment Ordinance and the FLUM Amendment Ordinance to a date certain of January 16, 2013. KGB/JGG/RGL:TRM T:\AGENDA\2012\12-12-12\Miami Heart HD-MEMO open and continue.docx 417 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. 418 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." 419 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 be 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 by 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-----' 2013. ATTEST: CITY CLERK First Reading: January 16, 2013 Second Reading: N/A Verified by: _________ _ Richard Lorber Planning Director T:\AGENDA\2012\12-12-12\Miami Heart HD FLUM-ORD.docx - 2 - 420 MAYOR APPROVED AS TO FORM & LANGUAGE & FO XECUTION 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 of 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 will 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 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 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." 421 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 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-----' 2013. ATTEST: CITY CLERK First Reading: bctober 24, 2012 Second Reading: January 16, 2013 Verified by:--------- Richard Lorber Planning Director T:\AGENDA\2012\12-12-12\Miami Heart HD ZONING MAP-ORD.docx -2- 422 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION THE MIAMI HEAALD MiamiHerald.com Ml NOTICE IS HEREBY given that ~blic hearings will be held by the Mayor and City Commission of the City of Miami Beach, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drtve, Miami Beach, Ronda, on Wednesday, December 12,2012, to consider tile following: 10;30 a.m. ORDINANCE OF TilE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-11, ENTillED "RUNNING AT LARGE PROHIBITIED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOliTH POINTE PARK THROUGH AND INCLUDING MARCH 31, 2013. lnqliries may be diracted to the Parks and Racreation Department (305) 673-7730. 11:00 a.m. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 5, ENTITLED "DEBARMENT OF CONTRACTORS RROM CITY WORK," BY AMENDING SECTION 2-397, ENTITLED "PURPOSE OF DEBARMENT," TO PROVIDE THE PURPOSE FOR SUSPENSIONS; BY AMENDING SECTION 2-398, ENTITLED "DEFINITIONS," TO PROVIDE ADDITIONAL DEFINIT10NS REGARDlNG SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 2-399, EN1111lED "UST OF DEBARRED CONTRACTORS," TO PROVIDE fOR TilE ADDITIONAL USTING OF SUSPENDED CONTRACTORS; BY AMENDING SECTION 2-400, ENTITLED "EFFECTS OF DEBARMENT" TO PROVIDE FOR THE EFFECTS OF SUSPENSION; BY AMENDING SECTION 2-401, ENllTLED "CONTINUATION OF CURRENT CONTRACTS," TO PROVIDE THAT SUSPENSION MAY ARFECT THE CONTINUATION OF CURRENT CONTRACTS OR BIDS; BY AMENDING SECTION 2-402, ENTITLED "RESTRICTIONS ON SUBCONTRACTING," TO PROVIDE FOR RESTRICTIONS ON SUSPENDED CONTRACTORS; BY AMENDING SECTION 2-403; ENTITLED "DEBARMENT," TO PROVIDE FOR THE MAYOR AND CITY COMMISSION, AT ITS OPTION AND BY MAJORITY VOTE, TO HEAR DEBARMENT OR SUSPENSION MAffiRS, AND TO PROVIDE FOR PROCEDURES fOR THE SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 2-404, ENTITLED "CAUSES FOR DEBARMENT," BY PROVIDING FOR ADDITIONAL CAUSES FOR DEBARMENT, AND TO PROVIDE FOR CAUSES FOR SUSPENSION; BY AMENDING SECTION 2-405, ENTITLED "DEBARMENT PROCEDURES," TO AMEND THE PROCEDURES FOR DEBARMENT AND TO PROVIDE PROCEDURES FOR THE SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 4-206, ENTITLED "PERIOD OF DEBARMENT," BY PROVIDING FOR PERIODS OF SUSPENSION AND REQUESTS FOR REDUCING PERIODS OF SUSPENSION. lnqlilies may be directed to the City Attorney's Office (305) 573-7 470 5:01p.m. ORDINANCE AMENDING THE OFACIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIACATION FOR THE PARCEL KNOWN AS THE "MIAMI HEART INSTITUTE," MORE PARTICULARLY DESCRIBED IN THE lEGAl DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, RROM THE CURRENT ZONING CLASSIFICATION HD, "HOSPITAL DISTRICT," TO THE PROPOSED ZONING CLASSIACATION RM-1, "RESIDENTIAL MULTI-fAMILY LOW INTENSITY." Inquiries may be directed to the Planning Deparbnent (305) 673-7550. &15 p.m. PARKING DISTRICT NO.5 -SUNSET HARBOUR ORDINMICE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTIER 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 BOULEVAAD ON THE SOUTH; AMENDING SECTION 142-483, "CONDillONAl USES" BY ADDING TO THE LIST OF CONDITIONAL USES IN THE 1-1 URBAN LIGHT INDUSTRIAL DISTRICT; AMENDING CHAPTIER 142, ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "C0-2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142-302, "MAIN PERMmED USES," SECTION 142-303, "CONDITIONAL USES," AND SECTION 142-305, "PROHIBITED USES," BY CLARIFYING THE PERMITTED, PROHIBITED AND CONDITIONAL USES IN PARKING DISTRICT #5. Inquiries may be directed to the Parking Deparbnent (305) 673-7275. INTIERESTIED PARllES are invited to appr.1r at this meeting, or be represented by an agent, or to express 111eir views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Flotida 33139. Copies of these items are available for public inspection during normal business hoors in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. ll1is meeting may be coniinued, and unrler such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section286.0l 05, Fla. Stat., the City hereby advises the public that: ii a person dacides to appeal any dacision made by the City C'.ommission with respect Ia any matter considered at its meeUng or its hearing, such person must ensure that a verba1im record of the proceedings is made, which record includes tile teslimony and evidence upon which 1lle appeal is to be based. This notice does not constitute consent by 111e City lor the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appssls not otherwise allowed by law. To request tl1is material in accessible format, sign language interpmters, information an access lor persons wlt11 disabilities, and/ or any accommoda~on to review any document or participate in any City-sponsored proceeding, plesse contact us live days in advance at (305) 673-7411(voice) orTTVusers may also call tl1e Flolida Relay Service at 711. Mli'l'!.i4 423 THIS PAGE INTENTIONALLY LEFT BLANK 424 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment creating Parking District #5 in the Sunset Harbour area and modifying the types of uses allowed in the 1-1 Urban Light Industrial District and the CD-2 Commercial Medium Intensity District. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residents and 53% of businesses rated the effort to regulate development in the Cityas about the right amount. Item Summa /Recommendation: SECOND READING The proposed ordinance would amend the parking requirements in the Sunset Harbour neighborhood, reducing or eliminating required parking for small commercial businesses. It would also set a lower threshold for Neighborhood Impact Establishments, requiring Planning Board review of restaurants over 1 00 seats/125 persons occupancy (currently review is for 300 persons occupancy or more). The City Commission approved the subject Ordinance at First Reading on November 14, 2012. The Administration recommends that the Cit Commission ado t the Ordinance. At the June 26, 2012 meeting, the Planning Board recommended that the City Commission approve the ro osed ordinance b a vote of 5-0 two members absent. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance will modestly reduce the revenues to the City generated by fees in-lieu of parking. Several small businesses that currently are required to pay a yearly parking impact fee would be exempted through this proposed ordinance; this would amount to a reduction of approximately $50,000 per year. Balanced against the potential loss of parking impact fee revenue is the potential for increases in the property tax base and income from permits and fees that may be associated with an increased level of new proposed development in the Sunset Harbour neighborhood . . . Department Director T:\AGENDA\2012\12-12-12\Sunset Harb,?f ~ar~, ,// //~ l/ MIAMI BEACH 425 AGENDA ITEM ----'-R..;_5___,£~ DATE /2--/ 2-f]..... MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager~ DATE: December 12, 2012 SECOND READING PUBLIC HEARING SUBJECT: Parking District #5-Sunset Harbour Neighborhood 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. ADMINISTRATION RECOMMENDATION Adopt the Ordinance upon Second Reading Public Hearing. BACKGROUND The proposed ordinance would amend the parking requirements in the Sunset Harbour neighborhood, reducing or eliminating required parking for small commercial business. It would also set a lower threshold for Neighborhood lmapct Establishments, requiring Planning Board review of restaurants over 1 00 seats/125 persons occupancy (currently review is for 300 persons occupancy or more). The reduction of parking requirements is necessitated by the extreme difficulty of actually providing parking on-site within this constrained neighborhood. The policy of reducing parking requirements for small businesses is warranted now that the Sunset Harbour garage is operational. This garage will provide adequate infrastructure parking to support the surrounding neighborhood's burgeoning growth of small, resident-oriented businesses. 426 Commission Memorandum Parking District #5-Sunset Harbour Neighborhood December 12, 2012 Page 2 of 4 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 100 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 recently completed Fresh Market. Current regulations permit these types of neighborhood businesses, but satisfying parking requirements continues to be a problem. Reductions in parking requirements would encourage these types of uses and result in new development that is more compatible with this urban, pedestrian friendly neighborhood. 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, 41 51 and 71 51 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 st 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 427 Commission Memorandum Parking District #5 -Sunset Harbour Neighborhood December 12, 2012 Page 3of 4 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 any combination of uses that the City wishes to encourage in this area. PLANNING BOARD REVIEW On April 24, 2012, the Planning Board held a discussion relative to this ordinance and provided initial input; overall, the Planning Board concluded that the proposal would be a good incentive to develop the Sunset Harbour neighborhood into an attractive, low scale, walking neighborhood. On June 26, 2012, the Planning Board (by a 5-0 vote) transmitted the Ordinance Amendment to the City Commission with a favorable recommendation. The Planning Board also listened to a request from a private property owner who was in negotiations to lease a restaurant space to a tenant, whose occupancy would exceed the proposed NIE threshold, and agreed to recommend an applicability clause that would exempt projects that had applied for such a building permit as of the date of the Board meeting. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance will modestly reduce the revenues to the City generated by fees in- lieu of parking. There are currently fifteen (15) businesses that currently are required to pay a yearly parking impact fee located in the Sunset Harbour neighborhood, for a total of 99 spaces or $69,300 per year in total collections (at $700 per space per year). Preliminary estimates indicate that approximately 12 of these which qualify as small businesses would be eliminated upon adoption of the proposed ordinance, which would equal a reduction of $49,700 per year in collections. Balanced against the potential loss of parking impact fee revenue is the potential for additional revenue from the increased usage of the newly opened Sunset Harbour Garage, as well as a general improvement in the property tax base and income from permits and fees that may be associated with an increased level of new proposed development in the Sunset Harbour neighborhood. Regarding the garage; it contains 430 parking spaces; however utilization of the garage has yet to reach expected levels. A portion of these spaces are dedicated for City Property Management Division employee parking and the required parking for the retail shops lining the garage on the first floor. The number of spaces in excess of these available to satisfy additional parking demands is estimated to be between 175 and 200 spaces. An examination of the vacant properties in the subject area shows that there is a potential for development under the provisions of the proposed ordinance of around 45,000 s.f. of small retail development, which would otherwise require in the range of 150 additional parking spaces. This figure matches well with the amount of parking in the new garage, and suggests that the parameters of the proposal are well tailored to conditions in the Sunset Harbour neighborhood. 428 Commission Memorandum Parking District #5 -Sunset Harbour Neighborhood December 12, 2012 SUMMARY Page 4 of 4 The Ordinance was approved at First Reading by the Commission on November 14, 2012. The Commission requested that the following changes be incorporated into the Ordinance, prior to Second Reading: • The proposed 'Applicability Section', which would have permitted a single property to be exempt from the regulations pertaining to Conditional Use Approval, was stricken. • A sunset clause for the reduced parking requirements, which would apply to any new application submitted more than two (2) years of adoption of the Ordinance. Furthermore, the Commission made a referral to the Land Use and Development Committee to review the impact of the Ordinance within eleven (11) months of adoption. These modifications have been incorporated into the revised Ordinance for Second Reading. Additionally, the Commission referred a separate discussion item, pertaining to parking reductions for residential uses included in adaptive re-use projects, to the Land Use and Development Committee. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. KGB T:\AGENDA\2012\12-12-12\Sunset Harbor Parking District 5-MEMO 2ND.docx 429 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 ~ 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 5 430 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 .feti..F 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. 20 1h 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 ~· @1 Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3.L 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 100 seats that does not exceed 3,500 square feet of floor area. Othe!Wise, 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 of 5 431 (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 eaying an annual fee ln lieu of eroviding 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 earking space mav be eliminated, except through the provisions of Section 130-35, or through the pavment 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) The parking reguirements in this subsection (b) shall only apply to projects that have obtained a building permit or land use board approval by December 22, 2014. 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 1 00 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). BafS; dance halls, or entertainment establishments (as defined in section 114 1 of this Code) 3 of 5 432 are prohibited on properties generally bo1:1nded by P1:1rdy Aven1:1e on the west, 20th Street on the north, Alton Road on the east and Dade Bo~:~levard on the so1:1th. d and Dade Boulevard the 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, 201h 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 sguare 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. 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 433 Section 8. Applicability Properties that have a pending application fur a building permit as of June 26, 2012 shall be allowed to obtain such building permit without being subject to the conditional use requirements of this ordinance Section 8. Codification It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re- numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 9. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 10. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _____ , 2012. ATTEST: CITY CLERK First Reading:November 14, 2012 Second Reading: December 12, 2012 Verified By: --=-=-------=""""-:----:-::-::=---- Richard G. Lorber, AICP Acting Planning Director MAYOR APPROVED AS TO FORM AND LANGUAGE ~4-ND FOR EXECUTION J 2--/2 Date T:\AGENDA\2012\12-12-12\Sunset Harbor Parking District 5-ORO 2ND REV.docx 5 of 5 434 FPL THE MIAMI HERALD MiamiHerald.com Ml IBE H NOTICE IS HEREIIY given that public hearings will be held by the Mayor and City Gommissioo of the City of Miami Beach, in the Commission Chambers, 3rd Floor, City Hall, 1700 GonvenUon Center Olive, Miami Beach, Rorida, oo Wednesday, December 1:2,2012, to considerthe following: 10;30 a.m. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-11, ENTlllED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING MARCH 31, 2013. lnqliries may be directed to the Parks and Recreation Department (305) 673-7730. 11:00 a.m. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF lHE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 5, ENTITLED "DEBARMENT OF CONTRACTORS FROM CITY WORK," BY AMENDING SECTION 2-397, ENTITLED "PURPOSE OF DEBARMENT," TO PROVIDE THE PURPOSE FOR SUSPENSIONS; BY AMENDING SECTION 2-398, ENTITI.ED "DEFINITIONS," TO PROVIDE ADDillONAL OEFlNillONS REGARDING SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 2-399, ENTITLE[) "UST OF DEBARRED CONTRACTORS," TO PROIIIDE FOR THE ADDillONAL USTING OF SUSPENDED CONTRACTORS; BY AMENDING SECTION 2-400, ENTilUD "EFFECTS OF DEBARMENT" TO PROVIDE FOR THE EFFECTS OF SUSPENSION; BY AMENDING SECTION 2-401, ENTilLED "CONTINUATION OF CURRENT CONTRACTS," TO PROVIDE THAT SUSPENSION MAY AFFECT THE CONTINUATION OF CURRENT CONTRACTS OR BIDS; BY AMENDING SECTION 2-402, ENTITLED "RESTRICTIONS ON SUBCONTRACTING," TO PROVIDE FOR RESTRICTIONS ON SUSPENDED CONTRACTORS; BY AMENDING SECTION 2-403; ENTITLED "DEBARMENT," TO PROVIDE FOR THE MAYOR AND CITY COMMISSION, AT ITS OPTION AND BY MAJORITY VOTE, TO HEAR DEBARMENT OR SUSPENSION MATTERS, AND TO PROVIDE FOR PROCEDURES FOR THE SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 2-404, ENTITLED "CAUSES FOR DEBARMENT," BY PROVIDING FOR ADDITIONAL CAUSES FOR DEBARMENT, AND TO PROVIDE FOR CAUSES FOR SUSPENSION; BY AMENDING SECTION 2-405, ENTilLED "DEBARMENT PROCEDURES," TO AMEND THE PROCEDURES FOR DEBARMENT AND TO PROVIDE PROCEDURES FOR THE SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 4-206, ENTITLED "PERIOD OF DEBARMENT," BY PROVIDING FOR PERIODS OF SUSPENSION AND REQUESTS FOR REDUCING PERIODS OF SUSPENSION. lnqliries may be directed to the City Attorney's Office (305) 673-7 470 5:01 p.m. ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING lHE ZONING DISTRICT ClASSIFICATION FOR lHE PARCEL KNOWN AS THE "MIAMI HEART INSTITUTE," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATIACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT ZONING ClASSIFICATION HD, "HOSPITAL DISTRICT," TO THE PROPOSED ZONING ClASSIFICATION RM-1, "RESIDENTIAL MULTI-FAMILY LOW INTENSITY." lnqlirtes may be directed t!l tlle Planning Deparnnent (305) 673-7550. 5;15 p.m. PARKING DISTRICT NO.5 -SUNSET HARBOUR ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 130, "OFF-S'TREET PARKING," ARTIClE II "DIS'TRICT; 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 SOUlH; AMENDING SECTION 142-483, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDillONAllJSES IN THE 1-1 URBAN liGHT INDUSTRIAL DIS'TRICT; AMENDING CHAPTER 142, ARTICLE II, "DISTRICT REGUlATIONS," DIVISION 5, "CD-2 COMMERClAL 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. lnqtiries may be directed to the Parking Department (305) 673-7275. INTERESTED PARTIES are invited to appesr at this meeting. or be represented by an agent, or to express their views in writing addressed to the City Commission, cfo the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies ot these items are available lor public inspecUoo during normal business hours in the City Clerk's Office, 1700 Cenven1ioo Center Drive, 1st Flollf, Ci1y Hall, Miami Beach, Florida 33139. T11is meeting may be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public t11at: il a persoo decides to appeal any decision made by the City Commissioolllitll respect to any matter considered at its meeting or rts hearing, such pernon must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City !or the introductioollf admission of otherwise inadmissible or irrelevant evidence, nor does it aut11orize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access lor persons with disabilities, and! or any accommodation to review any document or participate in any City-sponsored proceeding, plesse contact us live days in advance at (305) 673-7411 (voice) orTIY users may also call t11e Florida Relay Service at 71·1, Ad 117M ~---------------436----------------~ R5 -Ordinances R5F An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, Facilities And Vehicles," By Amending Article II, To Be Entitled "Restricted Wake Zones," To Create Regulations For Restricted Wake Zones; Providing For A Purpose; Providing For Definitions; Providing For Restricted Areas; Providing For Posting Of Regulatory Markers; Providing For Exemptions; Providing For Enforcement And Penalties; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioner Jorge R. Exposito) (Legislative Tracking: City Attorney's Office) (Memorandum & Ordinance to be Submitted in Supplemental) 437 Agenda Item R S" F Date 17;~1 2:-1 Z- THIS PAGE INTENTIONALLY LEFT BLANK 438 COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting a donation from the Levine Family of a memorial bench designed by Agustina Woodgate honoring L Stanley Levine, for placement on the 900 Block of Lincoln Road, and to execute a contract with the Levine Family accepting the donation valued at $40,000 and establishing a maintenance reserve account of $1,000 for the first year of maintenance and repairs to said memorial bench. Key Intended Outcome Supported: Maximize Miami Beach as a Destination Brand Supporting Data (Surveys, Environmental Scan, etc.): NIA Item Summary/Recommendation: The above referenced item was first deferred to Neighborhood/Community Affairs Committee (NCAC) at the City Commission meeting on Dec. 8, 2010, at the request of Mayor Herrera Bower. The process of approving the placement of a commemorative memorial is governed by City Code, Article VI. Naming of Public Facilities and Establishment of Monuments or Memorials, Sec. 82-504 and the City's Art in Public Places (AiPP) Guidelines donation policy. On Jan. 11, 2011, NCAC discussed proposal to honor I. Stanley Levine with a bench on Lincoln Road. During the meeting, the Committee passed a motion to recommend approval of a memorial and staff reminded the Committee that the City had not budgeted funds for this project. Mr. Robert Levine (Donor), the son of I. Stanley Levine, stated the family was willing, if necessary, to fund this memorial. On Oct. 5, 2011, the AiPP Committee passed a motion to recommend approval of the proposed memorial bench and also advised the Levine family that per the City's AiPP Guidelines donations of works of art, include costs for design, fabrication, installation, insurance, bonding and maintenance. On Nov. 8, 2011, the Historic Preservation Board (HPB) approved the proposal for the memorial bench and deleted the maintenance provision. Dec. 1, 2011, the City retained the professional art conservators Rosa Lowinger & Associates to review the proposed methods and materials being proposed by the artist and determined because of the expected high use, location, material, and white color, it will require monthly maintenance and annual repairs estimated at$7,500. On Jan. 30,2012, NCAC met and the Administration recommended the donor establish a maintenance fund for the project, as required by the City's AiPP Guidelines. The Committee moved to defer the item and allow Comm. Tobin to visit the site with Robert Levine and staff to determine if another material could be used to fabricate the work. On Sept. 24, 2012, Robert Levine contacted the City and advised he looked at building the structure out of concrete, per Comm. Tobin's request, and discovered it would be cost prohibitive, approximately $90,556 more than the original budget and that the City assumes the ongoing maintenance costs. On Sept. 25, 2012, AiPP met and unanimously passed a motion withdrawing its previous support of the memorial bench in response to the donor's planned request for the City to pay for the maintenance of the artwork recommending that public funds should not pay for the establishment of a private memorial by a third party, on public property, thereby setting a precedent which would allow others to make similar requests. On October 15, 2012, NCAC met and unanimously agreed to recommend acceptance of the proposed donation, with the provision that the donor establish a maintenance reserve account to cover costs of professional art restoration that may be required above and beyond the City's standard janitorial pressure cleaning on Lincoln Road. The amount of the maintenance reserve account remains to be negotiated with the donor. On November 29, 2012, the Administration met with the Donor and agreed to establish a maintenance reserve account of $1,000 for the first year of maintenance and repairs. The Administration recommends adopting the Resolution. Advisory Board Recommendation: HPB recommended in favor ofthe selected public art project on Nov. 8, 2011 and the NCAC recommended in favor ofthe project on Oct. 15,2012. Financial Information: Source of Funds: Amount OBPI Total Financial Impact Summary: MIAMI BEACH Account KGB 440 Approved AGENDA ITEM R1 R DATE JZ~J2-f 2.. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSON MEMORANDUM TO: Mayor Mattie Bower and Members of the City Commission FROM, Kathie G. Brooks, Interim City Manager/~ DATE: December 12, 2012 SUBJECT: LEVINE MEMORIAL BENCH DONATION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE DONATION FROM THE LEVINE FAMILY OF A MEMORIAL BENCH DESIGNED BY AGUSTINA WOODGATE HONORING THE COMMUNITY LEGACY OF I. STANLEY LEVINE, FOR PLACEMENT ON THE NINE HUNDRED BLOCK OF LINCOLN ROAD; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE LEVINE FAMILY ACCEPTING THE DONATION VALUED AT $40,000 AND ESTABLISHING A MAINTENANCE RESERVE ACCOUNT OF $1,000 FOR THE FIRST YEAR OF MAINTENANCE AND REPAIRS TO SAID MEMORIAL BENCH. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME Maximize Miami Beach as a Destination Brand BACKGROUND The above referenced item was first referred to the Neighborhood/Community Affairs Committee at the City Commission meeting on December 8, 2010, at the request of Mayor Herrera Bower. The subject was discussed at NCAC meetings in 2011 and 2012 as outlined below. The process of approving the placement of a commemorative memorial, in this particular case to honor Mr. I. Stanley Levine by placing a bench designed by an artist, is governed by City Code, ARTICLE VI. NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS, Sec. 82-504. A copy of Section 82-504 is attached for your reference (Exhibit 1) and the City of Miami Beach Art in Public Places Guidelines donation policy (Exhibit 2). PROPOSAL Agustina Woodgate: "The Stanley Bench" The following description of the project is taken from Agustina Woodgate's proposal, as further described in Exhibit 3. The dimension of the artwork is estimated at 8'15/16' in height, 25' in length, and the width is 9'. The proposed cost of the project is $40,000 and the project timeline reflects the fabrication is three (3) months and installation in one (1) week. 441 Page 2 of6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting December 12, 2012 "This bench is inspired by I. Stanley Levine's commitment to the performing and visual arts which had a great influence in some of the seminal art organizations in Miami Beach; Concert Association; ArtCenter South Florida and Miami City Ballet. The site-specific project being proposed references the black and white pattern on the side walk that Morris Lapidus, the architect for Lincoln Road did when the Road was closed to vehicular traffic. The work is a surrealistic interpretation of the black and white pattern becoming the ebony and ivory keys of a piano and homage to Mr. Levine's love and support of music and art. It is as if the spirit of music has escaped from the sidewalk itself. The open design enables users to select their orientations and perspectives. This design enables the bench environment to host group conversations and/or individual respite. Levine helped keep a pedestrian promenade which encouraged social interaction, movement and music of everyday street life, art and culture. The bench seeks to create a microcosm of that gift to the City of Miami Beach." HISTORY On December, 8, 2010, the City Commission, at the request of Mayor Bower, referred the above referenced item to the Neighborhood/Community Affairs Committee for discussion. On January 11, 2011, the Neighborhood/Community Affairs Committee discussed a proposal to honor the community legacy of I. Stanley Levine with a bench designed by an artist on Lincoln Road. During the meeting, the Committee passed a motion to recommend approval of a memorial in honor of I. Stanley Levine. Staff reminded the Committee that the City had not budgeted funds for this project and Mr. Robert Levine (Donor), the son of I. Stanley Levine, stated the family was willing, if necessary, to fund this memorial. Subsequently, the Levine family began discussions with the Administration for a commemorative bench on Lincoln Road. Originally, the Levine family proposed a bronze bench with a figurative representation of I. Stanley Levine. Due to I. Stanley Levine's involvement with ArtCenter/South Florida and his commitment to visual arts, the AiPP Committee and staff encouraged the Levine family to consider more contemporary artists for this project. The Committee also felt that contemporary artists would fit better with the types of public art commissions the City is currently funding. The Levine Family agreed with this direction and began working with the AiPP Committee to identify potential artists for the project. A Call to Artists was conducted by the Levine family and three (3) proposals were subsequently presented to the AiPP Committee. On October 5, 2011, the Art in Public Places Committee (AIPP) discussed the three (3) proposed designs for the I. Stanley Levine memorial bench for Lincoln Road. During the meeting, the Committee passed a motion to recommend approval of the proposed memorial bench designed by artist Agustina Woodgate, and based on the AiPP Guidelines Donation Policy. Please see Exhibit 3 for a rendering of the select art piece. The AiPP Committee also advised the Levine family that, per the City's Art in Public Places Guidelines, which were adopted by City Commission and referenced in Chapter 82 of the City Code, "donations of works art, to include costs for design, fabrication, installation, insurance, bonding and maintenance," are the responsibility of the donor. Throughout the process, the Levine family understood that they would be responsible for funding the aforementioned costs of the project, including the establishment of a maintenance endowment. On November 8, 2011, the Historic Preservation Board (HPB) reviewed and approved the proposal submitted by artist Augustina Woodgate for the I. Stanley Levine memorial art bench to be located on the 900 Block of Lincoln Road. The HPB deleted the 'maintenance' provision from their Motion to Approve, as they felt the City should be responsible for long-term maintenance. Planning Department staff however recommended retaining the maintenance provision in the HPB Staff Report because the 442 Page 3 of6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting December 12, 2012 City has always made the donor responsible for annual maintenance, in perpetuity. Typically, maintenance of public art projects has high costs due to constant exposure to the public and the weather, and to the fact that they must be maintained by a qualified conservator. Following the HPB recommendation, on December 1, 2011, the City retained professional art conservators Rosa Lowinger and Associates (RLA) to review the proposed methods and materials under consideration by the artist to determine projected annual maintenance costs for the proposed piece. On January 6, 2012, the conservation review was received and the following description is taken from RLA's consultation report: There are numerous concerns about public use. Most significant among these is the high use that the bench will receive. It will require monthly maintenance to keep clean. Properly anchored skateboard stoppers are a must. This bench is expected to require regular maintenance due to its location and white color. Barring any vandalism, it is expected to require monthly cleaning to remove dirt, gum, accretions, scuff marks, and grime. The current appearance of the nearby fountain is an indication of how quickly this area requires cleaning and repairs. Minor repairs to the gel coat cannot be predicted fully, however it is safe allow for 20 hours per year, including set up and breakdown costs for such work. Polyester resins used in gel coats are toxic and odoriferous. If the public is kept 5 feet away from the work there should be no problem with toxicity; however the City should consider the fact that the scent of the work will still be palpable at that distance and there may be members of the public who will complain about real or imagined headaches, etc if they can perceive the scent of the material. Based on our assessment, the City should allow for the following budget for maintenance: Cleaning: @ $500. 00 per month = $6, 000.00 annually* Annual repairs: 20 hours@ $75.00 per hour= $1,500.00 annually* Total Maintenance Cost Per Year= $7,500.00. * *Add 5% per year to these costs for subsequent years. Please see Exhibit 4 for the full report on estimated maintenance costs. On January 30, 2012, the Neighborhood/Community Affairs met and the Administration recommended the donor establish a maintenance fund for the project, as required in the City's Art in Public Places Guidelines, and requested the Committee reconsider this matter. On behalf of the family, Tina Levine stated that she believed the maintenance costs would be an issue for the family. The Committee moved to defer discussion until a future meeting of the Neighborhood/Community Affairs Committee to allow Commissioner Tobin time to visit and review the site. On Feb. 6, 2012, a site visit was conducted with Commissioner Ed Tobin, and Neighborhood/Community Affairs Committee, Chairperson, Robert Levine, Max Sklar, Interim Assistant City Manager and Dennis Leyva, Art in Public Places Coordinator. Commissioner Tobin suggested that to minimize the cost of maintaining the proposed art work and to address the issue of possible damage, the work could be created in reinforced concrete, either in a pre-cast method and assembled onsite, or a poured in place method, if the artist believed there was sufficient quality control to achieve the desired result. Mr. Levine agreed to investigate the change of material and to report his findings to the Committee. On September 24, and again on October 1, 2012, Robert Levine contacted the City and advised he had looked into building the structure out of concrete and discovered that it would be cost prohibitive, approximately $90,556 more than the original budgeted amount of $40,000. He is proposing that the memorial bench be fabricated as originally proposed to the City, and that the City assume the ongoing maintenance costs. 443 Page 4 of6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting December 12, 2012 As a result of Mr. Levine's request that the City share the costs of the proposed memorial bench, the AiPP committee at their scheduled meeting on September 25, 2012, unanimously passed a motion withdrawing its previous support for the project in response to the donor's request that the City pay the annual maintenance costs. AiPP members opposed establishing a precedent in which public funds would be used for a private memorial. It should be noted that on April 11, 2012, the City Commission adopted Resolution No. 2012-27889 approving a Memorial Honoring Barbara Capitman. This approval included a commitment from the family to underwrite the construction and installation of the memorial, including the establishment of a long-term maintenance fund. On October 15, 2012, Neighborhoods/Community Affairs Committee once again considered the proposed donation and its maintenance. The Committee agreed that the bench should be included in the standard janitorial pressure cleaning that the City performs on Lincoln Road, but that the donor should create a maintenance reserve account to cover costs of removal of scuff marks, graffiti, and other damage that may require the attention of someone experienced in maintaining valuable works of art. The Committee then unanimously agreed to recommend acceptance of the proposed donation and for the creation of a maintenance reserve fund to be funded by the donor for the first year. Long term maintenance costs would be analyzed further after the first year. The amount of the maintenance reserve account remains to be negotiated with the donor. On November 29, 2012, Max Sklar, Interim Assistant City Manager, and staff met with Robert Levine, the donor, Agustina Woodgate, the artist, Zed Bennett, the fabricator and Rosa Lowinger, the conservator retained by the City to evaluate the annual cost of maintenance of the proposed bench. Ms. Woodgate clarified to all that the surface of the bench would be painted, so that it would appear to an outgrowth of the pavement. Ms. Lowinger opined that the painted surface would be much easier to maintain than she had previously thought, since it could be repainted fairly easily. Max Sklar mentioned Lincoln Road is pressure cleaned weekly and the black and white stripes on the pavement are painted about every three years, and that the bench could be included in these regularly scheduled activities without incurring additional cost to the City. Mr. Bennett advised he was comfortable with using the proposed material in an area with a high pedestrian traffic. The amount of the maintenance reserve account agreed upon by the City and the Donor for the first year is $1 ,000; paint cost was estimated at $216 and labor at $350, with an additional $434 in contingency. Long term maintenance and repair costs will be determined after the first year. CONCLUSION The Administration recommends adopting the proposed Resolution. 444 Page 5 of6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting December 12, 2012 EXHIBIT 1 tsec. 82-504. -Monuments or memorials. (a) Whenever there is a proposal to establish a monument or memorial on public property in the city, it shall first be considered and reviewed by the committee according to the following procedures: (1) (2) (3) (4) (5) (6) (7) (8) Any person, organization, association, corporation or other entity, including a member of the city commission or the administration of the city, may propose the establishment of a monument or memorial at any time by submitting a proposal in writing to the committee. Within a reasonable time after receipt of the proposal, the committee shall meet to consider and review same. Notice of the meeting shall be given to all persons who have proposed the establishment of the monument or memorial. After reviewing the proposal in accordance with its established selection criteria, the committee shall transmit a written recommendation to the city commission regarding same. The city commission may only consider a proposal to establish a monument or memorial that has been approved by a majority of the members of the committee. Within a reasonable time after receiving the recommendation for the establishment of a monument or memorial from the committee, the city commission shall call a public hearing. Notice of a public hearing regarding the establishment of the monument or memorial shall be published at least 10 days prior to the hearing in a newspaper of general circulation in the city. 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, any proposal to establish a monument or memorial must be approved by a five-sevenths vote of the city commission. Upon approval of the establishment of the monument or memorial, the city commission shall forward the proposal to the art in public places committee. The art in public places committee will then make its recommendation to the city commission regarding the location, aesthetic quality, maintenance, and other related issues, in accordance with the its established criteria. (Ord. No. 2000-3266, § 1, 9-27-00) 445 Page 6 of6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting December 12, 2012 AIPP GUIDELINES DONATION POLICY (page 16) EXHIBIT 2 Donations can be an important part of a collection. Proposed donations, monuments, memorials, or plaques, shall undergo a review process to ensure that acceptance of such donations take place in a fair and uniform manner and supports the criteria set for the by the City Commission. AiPP shall assist in the process relative to any donation of work of art to be accepted by the City for placement on public property in the City or located on public facilities within the City, including monuments, memorials, and plaques, as defined in Chapter 82, Article VI, Section 82-502 of the Code of the City of Miami Beach, as amended. As deemed necessary, the Committee shall require proposals for donations of works of art to include costs for design, fabrication, installation, insurance, bonding, and maintenance, as deemed applicable. Such costs shall be solely underwritten by the proposed donor. In addition, the donor shall be responsible for costs of a pedestal, identification plaque, base, structural support, and any landscaping related to the proposed public site. If required, utility connections, site modifications, structural reinforcements, or other engineering requirements, and/or site modifications should be described in the donation proposal, and developed by way of construction plans and specifications. The donor shall be responsible of architectural and /or engineering plans, if required, which must be prepared and stamped by a licensed architect and/or engineer. If required, a maintenance endowment shall be negotiated with the donor on a project-by-project basis. Such factors, including but not limited to, value, size, material, location, and potential for vandalism will be considered in determining that the maintenance endowment is adequate to ensure proper care and maintenance of the donated work of art, and to assure that the work of art will remain in a condition and high quality satisfactory to the donor and the City. Maintenance shall include not only care of the work of art itself but, if applicable, the public property immediately surrounding the work of art; particularly if the art is placed in a City park. Donation Criteria • Is the proposed donation a work of art with aesthetic merit, of exceptional quality, and enduring value? • How is the proposed donation compatible or incompatible with the City's current collection of works of art, particularly those located on public property and /or facilities within the City? • Is the work of art compatible in scale, material, form, and content with its surroundings? • Consideration shall be given to the social context of the work, and the manner in which it may interact with people. • Relationship of the work of art and the proposed placement site shall be considered in terms of the physical dimension, social dynamics, local architectural character, and surrounding urban neighborhood context of the site, existing or as planned. • The following factors may also be considered: o visibility and accessibility o safety and traffic patterns (both interior and exterior) o significance and relationship to the proposed site o social context (intend use of the work, if any) o facility/area users o landscape design and/or environmental concerns o future development plans for the area o existing works of art within the proposed site vicinity In addition to the AiPP review, as set forth herein, design, placement, and installation of donations of works of art on public property and/or City facilities are also subject to administrative design review. Notwithstanding the foregoing criteria, the final determination regarding acceptance of donated works of art for placement on public property in the City or located in public facilities within the City, shall be made by the City Commission. If the City Commission determines that the recommendation of either the Art in Public Places Committee or the administrative design review is not appropriate as to a particular proposed donation of a work of art, it may waive any or all of the aforestated criteria. 446 ~ ~ ....... 2~1:: Th<ff$(!<!ly, No¥ernber 29,2012 MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, December 12, 2012, to consider the following: 10:15 a.m. To Consider Accepting The Donation From The Levine Family Of A Memorial Bench Designed By Agustina Woodgate Honoring The Community Legacy Of I. Stanley Levine, For Placement On The Nine Hundred Block Of Lincoln Road; And Further, If Approved, Authorizing The City Manager To Execute An Agreement With The Levine Family Establishing A Maintenance Reserve Account For The First Year Of Maintenance And Repairs To Said Memorial Bench. Inquiries may be directed to the Tourism and Cultural Arts Development (305) 673-7577. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at (305) 673-7411 (voice) or TTY users may also call the Florida Relay Service at 711. Ad#755 N 448 THIS PAGE INTENTIONALLY LEFT BLANK 449 R7 -Resolutions R7B 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 October 24, 2012) (Memorandum to be Submitted in Supplemental) 450 Agenda Item R 7 8 Date 1)---fJ..-12.: THIS PAGE INTENTIONALLY LEFT BLANK 451 COMMISSION ITEM SUMMARY Condensed Title: A resolution approving the extension of hours for certain alcoholic beverage establishments with 5:00 a.m. liquor license and under certain specified conditions pursuant to Section 6 of the City Code for Winter Party (March 8-9, 2013) and white party (November 29, 30, 2013), as recommended by the Land Use and Development Committee. Key Intended Outcome Supported: Maximize Miami Beach as a Destination Brand Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: This item was referred to the Land Use and Development Committee by Mayor Bower, on behalf of the GLBT Committee, at the September 15, 2010, City Commission Meeting. Since 2000, the City Commission has been allowing alcoholic beverage establishments that hold 5:00a.m. occupational licenses to extend their hours of operation to 7 a.m. during holiday or major event weekend; most commonly approved for New Year's Day and, since 2007, during Winter Music Conference. There have also been times when hours were extended for Thanksgiving Weekend and Sleepless Night. This has been done each time by resolution imposing certain conditions. As provided for in City Code, the City Manager may suspend the extension at any time to protect public safety, health or welfare. In 2007, via Ordinance No. 2007-3556, the Commission amended Chapter 6 of the City Code entitled Alcoholic Beverages, to permit alcoholic beverage establishments which hold 5:00a.m. occupational licenses to extend their hours of operation to 7 a.m. on New Year's Day without further action required of the Commission. The amendment also included language in the ordinance providing a mechanism for an extension of hours on other days to be considered and subsequently submitted for the Commission's consideration and approval via a resolution. A request for the extension of hours may be placed on the agenda by the City Manager or a Commissioner, for the Commissions' consideration. Pursuant to Section 6-3 Subsection 7 of the City Code, the City Commission may approve additional major event days or weekends to allow alcoholic beverage establishments that hold 5:00a.m. occupational licenses to extend their hours of operation to 7 a.m. The City's Major Events Plan and Special Event Guidelines already designate White Party and Winter Party as "major event periods." Therefore, these events are eligible for the extension of hours subject to the conditions established in the City Code. Please note that if extension is granted by the City Commission for White Party and Winter Party, then it will apply to ALL alcoholic beverage establishments in the City (meeting the criteria under the Ordinance) and NOT just those establishments catering to a GLBT clientele}. Although the GLBT Committee requested the extension of hours during four events, LUDC recommended only two. Board Recommendation: The Land Use and Development Committee considered this matter at its November 5, 2012 meeting and recommended the extension of hours onl for the White Pa and Winter Pa . Financial Information: Source of Funds: Amount Account Approved 1 I I 2 OBPI Total )anciallmpact Summary: Special deployment was not required for this in the past, but there may be a need to hold over ding over a shift to ensure the provisions of the ordinance are appropriately followed. Ci Clerk's Office Le islative Trackin Si n-Offs: Department Director T:IAGENDA\2012112-12-12\AicBevExtHrs Commtsston S MIAMI BEACH 452 AGENDA ITEM 117 C. DATE /J:-/J-/2- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Matti H. Bower and Members of the ity Commission FROM: Kathie G. Brooks, Interim City Manager /~ / DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE EXTENSION OF HOURS FOR CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A 5:00A.M. LIQUOR LICENSE AND UNDER CERTAIN SPECIFIED CONDITIONS PURSUANT TO SECTION 6 OF THE CITY CODE FOR WINTER PARTY (MARCH 8-9, 2013) AND WHITE PARTY (NOVEMBER 29, 30, 2013) AS RECOMMENDED BY THE LAND USE AND DEVELOPMENT COMMITTEE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Maximize Miami Beach as a Destination Brand BACKGROUND This item was referred to the Land Use and Development Committee by Commissioner Gongora at the September 12, 2012, City Commission Meeting. Since 2000, the City Commission has been allowing alcoholic beverage establishments that hold 5:00 a.m. Business Tax Receipts (BTR) to extend their hours of operation to 7 a.m. during holiday or major event weekend; most commonly approved for New Year's Day and, since 2007 during Winter Music Conference. There have also been times when hours were extended for Thanksgiving Weekend and Sleepless Night. This has been done each time by resolution imposing certain conditions. These conditions include: 1) 2) 3) 4) 5) 6) the Police Department and the Code Compliance Division of the City must be notified by letter, received no later than fifteen ( 15) business days prior to either a) January 1st orb) the day on which the alcohol sales art to be extended, stating that the alcoholic beverage establishment intends to serve alcoholic beverages for on-premises consumption until 7:00a.m.; If deemed reasonable necessary by the Police Chief, or the Police Chiefs Designee, off- duty police officers must be provided at the alcoholic beverage establishment until 7:00 a.m.; There are no pending City Code violations against the alcoholic beverage establishment; No delinquent or past due monies are owed to the City; Outdoor entertainment or open-air entertainment is not allowed; No violation of the City's noise ordinance shall be permitted; 453 City Commission Meeting Extension of Hours -LGBT Events December 12, 2012 Page 2 of 3 7) No violation of the approved fire code occupancy load shall be permitted; 8) All required City permits and licenses are current; 9) The State of Florida alcoholic beverage license is current; and 1 0) Any other conditions required by the City Manager in order to protect the public health, safety or welfare. The City Manager may suspend the extension at any time to protect the public safety, health or welfare. In 2007 via Ordinance No. 2007-3556, the Commission amended Chapter 6 of the City Code entitled Alcoholic Beverages, to permit alcoholic beverage establishments which hold 5:00a.m. occupational licenses to extend their hours of operation to 7 a.m. on New Year's Day. The amendment also included language in the ordinance providing a mechanism for an extension of hours to be considered and subsequently submitted for the Commission's consideration and approval via a resolution. A request for the extension of hours may be placed on the agenda by the City Manager or a Commissioner, for the Commissions' consideration. Hours were most recently extended during Winter Music Conference 2010, which coincided with Spring Break. As you know, this City experienced a significant influx of visitors during that period of time which created many quality of life challenges. It is important to keep in mind that any time hours of on-premises alcohol service are extended it creates a need for increased policing and the potential exists for other quality of life concerns. At that time, the Police Department conducted a preliminary analysis of call volume for days when hours were extended compared to normal day when clubs closed at 5:00a.m., which shows there was more than double the number of calls on those days. Twenty-three percent of those additional calls for service occurred after 5:00a.m. The extension of hours occurs during peak periods of time so it is difficult to pinpoint exactly what causes the increase in calls for service. However, it is fair to say that the extension of hours is a contributing factor. In October 2010, the Land Use and Development Committee considered this and unanimously passed a motion recommending the extension of hours for the White Party and Winter Party. Subsequently, on February 9, 2011, the City Commission adopted Resolution No. 2011-27598 extending hours for certain alcoholic beverage establishments with a 5:00 am liquor license and under certain specified conditions pursuant to Section 6 of the City Code for Winter Party (March 5 & 6, 2011 ). Since that time, hours were extended for New Year's Eve according to City Code. The LGBT Business Enhancement Committee met on July 10, 2012, and passed a motion (attached) urging the City Commission to develop a year's calendar of LGBT events during which clubs and bars may be granted extended hours of operation. The LGBT events recommended by the LGBT Business Enhancement Committee for extended hours include White Party, Winter Party, Miami Beach Gay Pride and Aqua Girl. Their recommendation is based on the fact that other areas of Miami-Dade County have less stringent restrictions and Miami Beach may lose business to other parts of the County. Pursuant to Section 6-3 Subsection 7 of the City Code, the City Commission may approve additional major event days or weekends to allow alcoholic beverage establishments that hold 5:00 a.m. occupational licenses to extend their hours of operation to 7 a.m. The City's Major Events Plan and Special Event Guidelines already designate these events as "major event periods." Therefore, these events are eligible for the extension of hours subject to the conditions established in the City Code. Commissioner Gongora referred an item to the Land Use and Development Committee at the September 12, 2012 City Commission meeting to consider a motion from the LGBT Business 454 City Commission Meeting Extension of Hours-LGBT Events December 12, 2012 Page 3 of 3 Enhancement Committee to extend hours of operation for alcoholic beverage establishments during certain LGBT events. The Land Use and Development Committee meet on November 5, 2012 and considered this item. The Committee recommended approval of extended hours for Winter Party and White Party only. FISCAL IMPACT ANALYSIS Special deployment was not required for this in the past, but there may be a need to hold over holding over a shift to ensure the provisions of the ordinance are appropriately followed. CONCLUSION Pursuant to the direction of the Land Use and Development Committee, the attached resolution is presented for consideration. KGB/MAS F:linfo\$ALL\Max\TCDINITE\AicBevExtHrs LUDC MEMO,doc 455 RESOLUTION TO BE SUBMITTED 456 THIS PAGE INTENTIONALLY LEFT BLANK 457 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Authorizing To Negotiate An Agreement with the Miami-Dade County Office Of The Inspector General (MDCOIG), To Authorize The MDCOIG To Provide Independent Investigations Into City Practices And Operations In Order To Prevent And Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct Or Other Abuses. A Resolution Approving And Authorizing To Execute An Agreement In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida, On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To Develop And Provide A Comprehensive Ethics Training Program For City Employees Who Hold Positions That Are In Regulatory Areas Of The City. Key Intended Outcome Supported: Increase Community Satisfaction with City Services; Increase Resident Satisfaction with Employee Contact; Attract and Maintain a Quality Workforce; and Ensure Expenditure Trends are Sustainable over the Long Term. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: On April 11, 2012, the FBI arrested five Code Compliance and two Fire Department employees on charges including conspiracy to commit extortion. These arrests and alleged misconduct by a few City employees represent a huge betrayal of the public's trust and of our entire organization. To date, the City Commission has approved actions to address potential corruption and misconduct, including: 1) Reassigning Commander Cardeno from the Police Department to assist the Code Compliance Division in providing day-to-day oversight; 2) Entering an MOU with the FBI; 3) Entering an agreement with Crowe Horwath, LLP to audit the processes of certain regulatory departments/divisions. On June 6, 2012, the City Commission referred the following two additional anti-corruption items to the NCAC: 1) An agreement with the Miami-Dade County Office of the Inspector General (MDCOIG) to provide independent investigations into City practices and operations in order to prevent and detect fraud, waste, financial mismanagement, employee misconduct or other abuses; and 2) An Agreement with the Commission on Ethics to develop and provide comprehensive ethics training to City employees who hold positions that are in regulatory areas. On July 18, 2012, Inspector General Mazzella advised the City that the MDCOIG was not able to provide its services at this time. On November 19,2012, NCAC discussed these items. Mr. Centorino, the Executive Director of the Commission on Ethics made a presentation regarding the Commission's proposed ethics training. Mr. Centorino emphasized that the Commission on Ethics is uniquely qualified to teach the course, since its purpose is to serve as the guardian of the public trust by, among other things, educating public servants as to the required standards of ethical conduct. The Administration is seeking direction from the City Commission on: 1) Whether the Administration should re-contact the IG to determine if the MDCOIG is able to provide its services at this time. In the alternative, whether to pursue a hotline RFP to establish a reporting mechanism by which employees and the public can report unethical, illegal or questionable behavior by City personnel and the hiring of an Anti-Corruption/Chief Compliance Officer who will be responsible to oversee the hotline, follow-up on investigation brought through the hotline or other sources and conduct contract compliance oversight; and 2) Whether to proceed with the ethics training agreement with the Commission on Ethics. In the alternative, whether to pursue ethics training through other third parties such as Barry University, FlU or Miami-Dade College. NCAC (Commissioners Tobin and Libbin present) forwarded the item without recommendation to the City Commission. Financial Information: Source of Funds: Amount 1 $ 45,000 (Ethics) I cs 'l (/!' • /; 2 TBD (MDCOIG) OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk MIAMI BEACH TBD TBD 458 Account KGB AGENDA ITEM DATE Manager R1D IL-12-r L MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Com ission Kathie G. Brooks, Interim City Manager ;q/~ December 12, 2013 / Resolutions Authorizing Agreements with Various External Entities to Assist the City in Implementing the Action Plan to Address Potential Corruption and Misconduct: a. A Resolution Approving And Authorizing The City Manager And City Attorney To Negotiate An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Office Of The Inspector General (MDCOIG), To Authorize The MDCOIG To Provide Independent Investigations Into City Practices And Operations In Order To Prevent And Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct Or Other Abuses. b. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida, On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To Develop And Provide A Comprehensive Ethics Training Program For City Employees Who Hold Positions That Are In Regulatory Areas Of The City. ADMINISTRATION REQUEST The Administration is seeking direction from the City Commission regarding the Action Plan to address potential corruption and misconduct. KEY INTENDED OUTCOMES SUPPORTED Increase Community Satisfaction with City Services; Increase Resident Satisfaction with Employee Contact; Attract and Maintain a Quality Workforce; and Ensure Expenditure Trends are Sustainable over the Long Term. BACKGROUND On April11, 2012, five (5) Code Compliance and two (2) Fire Department employees were arrested by the Federal Bureau of Investigations (FBI) on charges including conspiracy to commit extortion. These arrests and alleged misconduct by a few City employees represent a huge betrayal not only of the public's trust -but of our entire organization. Their irresponsible actions have now cast a negative light on the vast majority of our employees, who are hardworking, dedicated men and women committed to our mission of public service. They also paint an unfair picture of the hard work and 459 City Commission Meeting, December 12, 2012 Action Plan To Address Potential Corruption And Misconduct Page 2 efforts by the Mayor and City Commission to provide honest guidance and vision for our community. Subsequently, a five-point approach, intended to support the City in its efforts to root out employee misconduct and corruption, and improve upon or create the necessary processes to prevent this from occurring again was presented. The plan included reassigning Commander Hernan Cardeno from the Police Department to assist the Code Compliance Division in providing day-to-day oversight of the staff. Additionally, a review of Code Compliance cases also began immediately, handled by the City's Internal Audit Division of the Office of Budget and Performance Improvement. The other four proposed actions required Commission consideration and approval. These items were discussed during the May 9, 2012 and June 6, 2012 City Commission meetings. Two (2) of the four (4) items were approved by the City Commission, which are summarized for you here. 1. Resolution No. 2012-27926 (Attachment 1) was passed authorizing the City to enter into a Memorandum of Understanding between the City and the Federal Bureau of Investigation, Miami area corruption task force. 2. Resolution No. 2012-27927 (Attachment 2) was passed authorizing the City to negotiate and execute a professional services agreement with a qualified firm for services related to auditing the processes of certain regulatory departments or divisions. Attached for your reference is a copy of the Professional Services Agreement with Crowe Horwath, LLP for these services, as well as LTC No. 247-2012 from September 28, 2012, (Attachment 3) which provides a status of these services. On June 6, 2012, the City Commission referred two (2) items to the Neighborhood and Community Affairs Committee for further discussion. Those two (2) items are summarized for your review and consideration. 1. Agreement between the Miami-Dade County Office of the Inspector General and the City, to provide independent investigations into City practices and operations in order to prevent and detect fraud, waste, financial mismanagement, employee misconduct or other abuses. Shortly after the news of the arrests, the City reached out to Miami-Dade County Inspector General Christopher R. Mazzella about the possibility of the Miami-Dade County Office of the Inspector General (MDCOIG) providing our City with their services to investigate and review allegations of waste, fraud, abuse, employee misconduct and mismanagement. The MDCOIG was created in 1998 by the Miami-Dade County Commission, through County Ordinance, and has the authority to "review past, present and proposed County and Public Health Trust programs, accounts, records, contracts, and transactions." The MDCOIG investigates allegations of fraud, waste, abuse and misconduct amongst public officials and County employees, as well as contractors and vendors doing business with the County. The Mayor and the former City Manager met with Mr. Mazzella and his staff on April 18, 2012, to discuss the possibility of a formal relationship between his office and our City. The Inspector General was receptive to such an engagement and the basis of an engagement agreement began. To carry out this function, the MDCOIG is empowered with the ability to require the production of documents and records in the possession and control of the County, and has the power to issue subpoenas, where necessary. The MDCOIG can also require 460 City Commission Meeting, December 12, 2012 Action Plan To Address Potential Corruption And Misconduct Page 3 reports from any County official, County agency or instrumentalities regarding any matter in its jurisdiction; to report on and recommend to County government on whether a particular program, contract or transaction is financially sound, reasonable, necessary or operationally deficient; to conduct random audits; and to provide general oversight of department programs and large-scale construction projects. The MDCOIG has oversight of over 40 county departments, including Aviation, the Seaport, Transit, Housing, Community and Economic Development, Water and Sewer, Solid Waste, Public Works and the Public Health Trust (JMH). Since 2007, the MDCOIG has been serving as the Inspector General for the Miami-Dade County School Board through an lnterlocal Agreement. The MDCOIG's powers do not extend to municipalities. A proposed Agreement between the City and Miami-Dade County, on behalf of the MDCOIG, would authorize the MDCOIG to provide similar services to the City. Staff members from the MDCOIG, City Administration and City Attorney's Office began working to refine a proposed Agreement setting forth the authorized powers and duties of the Inspector General, if contracted to provide these services to our City. (Attachment 4) The following generally describes the role of the Inspector General and the scope of services that were contemplated to be provided through the Agreement, to be further negotiated: • It is intended that the organization and administration of the MDCOIG will be sufficiently independent to assure that no interference or influence external to the MDCOIG adversely affects the independence and objectivity of the Inspector General. The Inspector General considers this an integral component of any engagement with their office. • The MDCOIG may exercise any of the responsibilities, functions and authorities contained in the Agreement upon his or her own initiative. • The Mayor and Commission, City Manager, City Attorney, City's Internal Auditor and Miami Beach Police will cooperate with the MDCOIG to achieve the goals of preventing and detecting fraud, waste, financial mismanagement, employee misconduct or other abuses, and promoting accountability, integrity, economy, and efficiency in government. It was anticipated that, subject to any limitations that may be specifically delineated in the Agreement, the MDCOIG would be authorized by the City to: • Serve as the Inspector General for the City during the term of the Agreement. • Randomly or in response to complaints, conduct any reviews, audits, inspections, investigations or analyses relating to departments; offices; committees; activities; accounts; records; procurement processes (e.g. how bid specifications were established; how the bid process was managed; and the activities of the prospective bidder, its officers, agents and employees, lobbyists, City staff, and elected officials); contracts; transactions; past/present/future programs and agencies of the City; employee compliance with established policies and/or standard operating procedures of the City (including the operations of departments or divisions of the City with regulatory oversight of City/state/federal codes such as, but not limited to, fire, parking, planning and zoning, building, property maintenance, noise, etc.); and allegations of employee misconduct. 461 City Commission Meeting, December 12, 2012 Action Plan To Address Potential Corruption And Misconduct Page4 • Require reports and the production of records from the Mayor, Commission, City Manager, City officers, employees (except any files or reports relating to litigation that are subject to attorney-client or other similar privilege) and entities under contract with the City. • Staff and support a "hotline," that shall be operational throughout the duration of the Agreement, to accept calls from individuals reporting alleged fraud, waste, financial mismanagement, employee misconduct or other abuses. Such hotline shall be advertised by the City. The MDCOIG was not intended to, whenever possible, duplicate the work of the City's Internal Auditor, Miami Beach Police Department Internal Affairs Division, Miami Beach Human Resources Department, City Commission, City Manager and City Attorney, or of the State Attorney's Office or Miami-Dade County Commission on Ethics. The proposed Agreement was for a term of three (3) years from date of execution by all parties, and would have been renewable for an additional term; any additional term would be determined and agreed upon by both parties. On July 18, 2012, Inspector General Christopher Mazzella advised the City that the MDCOIG is not able to provide Inspector General services at this time. The Administration can contact the Inspector General again if the City Commission would like to pursue this again. In the event the MDCOIG will not be able to provide these services, it is imperative that the City continue to pursue every effort to prevent and detect fraud, waste, financial mismanagement, employee misconduct or other abuses. It is important that employees, residents and business owners alike report conduct that is not consistent with the integrity the City expects of our public servants and, when doing so, those reporting such activities must feel confident that their call and concerns will be properly investigated. Likewise, it is beneficial for the City to have available a process to investigate any reported fraud or employee misconduct, such as concerns with the City's procurement and regulatory functions, especially as it relates to matters that may not rise to the level necessitating the FBI's involvement. To that end, in the event the MDCOIG is not able to provide these services, or the Commission desires to explore other avenues, I recommend contracting out for a dedicated hotline reporting service, providing 24-hour toll-free telephonic personal answering, reporting and tracking of compliance concerns to assist in the identification of possible unethical, illegal or questionable behavior. The hotline provides an efficient and independent means of reporting and identifying concerns regarding potential misconduct. These services would be procured through a Request for Proposal (RFP). The features of the proposed hotline would likely include: .. 24/7/365 Call Center; .. Unique toll-free number with customized greeting; .. No call queues ever used. Every Call answered by live operators; .. Online case management for reporting, tracking and analysis; and .. Immediate notification 24 hours-a-day for severe/sensitive situations; .. Online web-reporting for employees. The hotline would provide for the establishment of a reporting mechanism that provides employees, residents and business owners with a means by which to voice their concerns on compliance and other regulatory issues without fear of retribution. 462 City Commission Meeting, December 12, 2012 Action Plan To Address Potential Corruption And Misconduct Page 5 Additionally, I recommend hiring of an Anti-Corruption/Chief Compliance Officer who will be responsible to oversee the ethics hotline, as well as follow up on investigations brought through the hotline or other sources. These types of investigations are currently handled by the City's Human Resources Department, but these investigations take resources from other Human Resources functions. In addition, this position could also include responsibilities for contract compliance oversight. Should the Commission recommend approval of this new position, I would still need to research and identify funding. 2. Agreement with the Miami-Dade County Commission on Ethics And Public Trust, to develop and provide a comprehensive ethics training program for City employees who hold positions that are in regulatory areas of the City. On April13, 2012, immediately following the arrests, the City contacted the Miami-Dade County Commission on Ethics and Public Trust (Commission on Ethics) and spoke to their Executive Director and General Counsel Joseph M. Centorino about having the Commission on Ethics assists the City of Miami Beach with specialized ethics training for all City employees in regulatory functions. On April 19, 2012, Mayor Bower and the former City Manager, along with other City staff, met with several senior-level staff members from the Commission on Ethics, including Mr. Centorino and Deputy General Counsel Miriam Ramos, to discuss this comprehensive ethics training. On April 23, 2012, Michael Murawski, Advocate for the Commission on Ethics had separate and individual meetings with senior-level staff from the City's Code Compliance, Fire, Parking, Organizational Development, and Internal Audit areas to gather additional information and details about the City's past and intended efforts pertaining to training on ethics, particularly for the employees in the regulatory areas of the City. The training that has been discussed with the Commission on Ethics would provide additional, specific and much more in-depth training to all employees who are in a regulatory area of the City. For now, the Commission on Ethics has been asked to first focus on employees in the Code Compliance, Building, Planning, Fire (Inspections) and Parking (Enforcement) areas of the City. It is expected that in the near future, a similar training program will be provided to other City employees. Attached is the proposal submitted by the Commission on Ethics (Attachment 5). The proposal includes: 1. Multiple sessions of intensive and interactive training for all employees and supervisors engaged in the areas of (1) fire inspection; (2) parking enforcement; (3) building inspection; (4) code enforcement; and (5) planning. Each employee would receive approximately 12.5 hours of training. 2. Training for approximately 230 employees. 3. The Commission on Ethics is prepared to design, conduct and conclude the initial training within six months. The proposed sessions include the following over the six (6) months of training, which will be provided through approximately 12.5 hours of training, per employee: 1. Introduction to Ethics -Interactive lecture and discussion led by staff from the Commission on Ethics on public service ethics, governmental organizational culture and professionalism. 463 City Commission Meeting, December 12, 2012 Action Plan To Address Potential Corruption And Misconduct Page6 2. Provide a detailed presentation on the code of ethics requirements for public employees, emphasizing issues such as gifts, conflict of interest, and exploitation provisions particularly relevant to employees engaged in a regulatory role. These will be illustrated with case examples. 3. Presentation and discussion of legal and administrative consequences of illegal and unethical activity by public servants, including the participation of former public employees whose conduct led to termination. 4. Presentation on the laws that govern bribery, including a discussion of illustrative criminal cases from Miami-Dade County and elsewhere. 5. Presentation and discussion on the special integrity challenges presented by the regulatory environment in the City of Miami Beach, including presentations by a retired management level employee of a local government municipality. 6. Interactive group discussion led by staff from the Commission on Ethics on six hypothetical scenarios directly relevant to issues confronting regulatory personnel. 7. Design and implement a "train the trainer" program for supervisory level staff that addresses the need for an on-going strategy necessary for building an ethical organizational culture with oversight controls and in-service ethics training throughout City departments. 8. Video recording of sessions and permission to use and/or edit videos as needed to be used in the City's online training as vignettes. 9. Private and confidential one-on-one sessions to be conducted with all regulatory employees by staff from the Commission on Ethics to discuss and address past and future ethical concerns raised by their personal and professional experiences and providing each of them with an opportunity to suggest changes and/or improvements in the workplace that could help create a stronger ethical climate. 10. The Commission on Ethics will issue a final report summarizing all the training sessions and include recommendations for follow-up training and implementation of long-term management strategies to help prevent future corruption. The cost estimate for the proposed training by the Commission on Ethics is $45,000. Given that there are approximately 230 employees that would participate in all of the trainings described above, the per-person cost for the six month period (12.5 hours per employee) would be approximately $195.65 per employee, or $15.65 per hour of training. By way of background, in 2004, the City developed curriculum and deployment strategies for each of the City's priority training areas, which include: ethics, diversity, sexual harassment, customer service and team building. Course content was developed in consultation with the Human Resources Department, the Miami-Dade Commission on Ethics, the Office of the City Attorney, and other external subject-matter experts. Training in each of these areas was geared specifically to each City department and made available to City staff. By 2008, all employees were required to attend these trainings (employees are required to attend the Ethics course every two years). In addition, in 2011, an online electronic learning system was procured and has been deployed allowing the City to provide access to all employees of these required trainings 24-hours-7-days-a-week. This system was rolled out in May 2012, and allows the City to enhance staff performance with day-to-day operations and assist with scheduling of departments that have non-traditional working hours. Access to our e-learning system is easy using a link located on both the intranet (Fish Tank) and internet. All departments have access to current available courses covering sexual harassment, diversity, and ethics. Additional courses will be made available once developed. 464 City Commission Meeting, December 12, 2012 Action Plan To Address Potential Corruption And Misconduct Page 7 Required courses for all personnel are as follows: • Diversity -every 3 years • Sexual Harassment -every 2 years • Ethics -every 2 years • Teambuilding -every 5 years • Service Excellence/Customer Service Standards-every 3 years Below is the introduction to the Ethics 2012 e-learning workshop available online to all City employees: The Ethics in the Workplace workshop has been developed by the City's Organizational Development Division. In our everyday lives we follow rules and morals that guide us to make decisions. Sometimes though, honoring ethical guidelines is not always easy, as they are often open to interpretation and are ever-changing. We will explore ethical choices and what it takes to be ethical in our behavior. We will go deeper to discover what kinds of personal power we have and how we use this power effectively for ethical behavior. Our goal is to go beyond the basics and create a vibrant environment in which our ethical principles enthusiastically embraced. An ethical workplace will make us stronger personally and professionally, providing for pleasant, meaningful and successful lives. This is a 1-hour course, which also contains short review questions to validate your retention of the information. To complete the course, you must view all slides and answer all questions. In addition to the online option, the City will continue to offer "live" classes for staff who prefer a more traditional learning environment. Additionally, the City has consulted with Barry University in the past to provide external trainers at a fee that ranges from $2,000-2,800 per session, and may opt to pursue this as well, specifically for the ethics workshops. Other local universities such as Florida International University and Miami-Dade College can also be used to provide similar employee training services. The Commission on Ethics also provides free training to municipalities, advisory boards, community councils and private and professional organizations. The two-hour program covers issues pertaining to Conflict of Interest and the Code of Ethics Ordinance. These are Informational sessions intended to increase public awareness of the Ethics Commission and its functions. NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE The Neighborhood and Community Affairs Committee discussed this item at its November 19, 2012 meeting. Joseph M. Centorino, Executive Director and General Counsel of the Commission on Ethics made a presentation regarding the Commission's proposed specialized ethics training for all City employees in regulatory functions. Mr. Centorino emphasized that the Commission is uniquely qualified to teach the course, since the purpose of the Commission on Ethics is to serve as the guardian of the public trust by, among other things, educating the public, elected and appointed officials and other public servants as to the required standards of ethical conduct. At the conclusion of the discussion the Committee (Commissioners Tobin and Libbin present) forwarded the item without recommendation to the City Commission. 465 City Commission Meeting, December 12, 2012 Action Plan To Address Potential Corruption And Misconduct Page 8 CONCLUSION The Administration is seeking direction from the City Commission on: 1. Whether the Administration should re-contact the Inspector General to determine ifthe MDCOIG is able to provide services at this time. In the alternative, whether to pursue a hotline RFP to establish a reporting mechanism by which employees and the public can report unethical, illegal or questionable behavior by City personnel and the hiring of an Anti-Corruption/Chief Compliance Officer who will be responsible to oversee the hotline, follow-up on investigation brought through the hotline or other sources and conduct contract compliance oversight. 2. Whether to proceed with the agreement with the County Commission on Ethics. In the alternative, whether to pursue ethics training through third parties such as Barry University, Florida International University or Miami-Dade College. Attachments Resolution No. 2012-27926 (Attachment 1) Resolution No. 2012-27927 (Attachment 2) Agreement with Crowe Horwath, LLP and LTC No. 247-2012 (Attachment 3) Draft Scope of Services Inspector General Services (Attachment 4) Commission on Ethics Proposal for City of Miami Beach Ethics Training (Attachment 5) KGB/MAS/REG T:\AGENDA\2012\12-12-12\Action Plan to Address Corruption MEMORANDUM.doc 466 ATTACHMENT 1 RESOLUnON No. 2012-27926 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNOERST ANDING 8E1WEEN THE CITY, ON BEHALF OF ITS POLICE DEPARTMENT, AND THE FEDERAL BUREAU OF INVESTlGATION, MlAMt AREA CORRUPTION TASK FORCE, FOR THE PURPOSE OF IDENTIFYING AND PROSECunNG PUBUC OFFICIALS AND LAW ENFORCEMENT OFFICERS AT THE FEDERAL. STATE, AND LOCAL LEVELS OF GOVERNMENT INVOLVED IN PUBLIC CORRUPTION THROUGHOUT THE SOUTHERN DISTRICT OF FLORIDA. WHEREAS, the Miami Division of the Federal Bureau of Investigation (FBI) has established the Miami Area Corruption Task Force (MACTF), for the purpose of maximizing inter-agency cooperation and formalize relationships between the participating agencies for policy guidance, planning, training, and pubUclrelations relative to public corruption; and WHEREAS~ the MACTF is comprised of a specialized group of Federal, State, and local investigators and prosecutors responaible for investigating and prosecuting signifiCant public corruption throughout the Southern District of Florida; and WHEREAS, the MACTF enhances the effectiveness of Federal, State and local taw enforcement resources through well-coordinated initiatives, seeking the most effective investigative and prosecution avenues by which to convict and incarcerate individuals involved in public corruption; and WHEREAS, the Miami Beach Police Department's participation in the MACTF is a mutually beneficial partnership that establishes an ongoing relationship between these two law enforcement entities, provides for increased investigative resources end capabilities, improves the effectiveness of the Miami Beach Police Department's law enforcement activities In Investigating public corruption, and demonstrates the FBI's confidence and trust in our Police Department's leadership and investigative staff; and WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department, and the Federal Bureau of lnvestlg,tion, wishes to execute a Memorandum of Understanding, commencing upon the signatures of all parties, and remaining in effect for the duration of the City's participation in the MACTF; and WHEREAS, the Miami Beach Police Department shall appoint a sworn officer on a full time basis to the MACTf to work in conjunction with Federal, State, and local law enforcement personne.l in identifylng, locating and apprehending individuals who are involved in public corruption. NOW. THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. that the Mayor and City Commission thereby authorize the City Manager and City Clerk to e)(ecute a Memorandum of Understanding between the City of Miami Beach, on behalf of the Miami Beach Police De~rtment, and the Federal Bureau of Investigation, Miami Area Corruption Task Force. ' for the purpose of Identifying and prosecuting public officials and law enforcement officers at the Federal, State and local levels of government involved in public corruption throughout the Southam District of Florida. PASSED and ADOPTED this c,,... day of JIJ"'f: , 2012. 467 t t RESOLUTlON NO .. I 2012-27927 ATTACHMENT 2 l ! A RESOLUTION OF nle MAYOR AND CITY COMMISSION OF TH~ CITY OF MIAMI BEACH, FLORIDA. APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVJCES AGREEMENT, IN THE AMOUNT OF $23,000, WITH CROWE HORWATH. LLP, FOR PHASE I SERVICES RELATED TO AUDITING THE PROCESSES OF CERTAIN REGULATORY ClTY DEPARTMENTS OR DIVISIONS. WHEREAS, at its regular meeting on May 9, 2012, the City Commission adopted Resolution No. 2012-27905, waiving, by 517ths vote, the competitive bidding requirement and authortzlng the City Manager to negotiate a professional services agreement with a qualified firm for services related to auditing the processes or certain regulatory departments or divisions in the City; and . WHEREAS, in conjunction with the waiver, the City Commission designated Commissioner Oeede Weithom to work with the City Administration to develop a scope of work for the afore13tated services; and · WHEREAS, once developed, the City Commission directed that the proPQ$8d scope of work be referred to the Finance and Citywide Projects Committee (the Committee) for further discussion, and WHEREAS, at its regular meeting on May 17, 2012, the Committee approved upon the proposed scope of serviCes, and recommended that, notwithstanding the formal waiver·or competitive bidding, the Administration conduct an winfonnal" solicitation process, and which the Administration did, by sending out a request for «Expressions of lnteresr to certain identified firms; and · ' WHEREAS, the finn of Cro'\Ne Horwath, LLP (Crowe) was deemed to be the most qualified firm pursuant to the aforestated informal solicitation process and, accordingly, the City and Crowe have negotiated the attached Professional ServiCEts Agreement for Phase I services, in the not to exceed amount of $23,000, rela1ed to aUditing the processes for certain regulator}' City departments or divisions. NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA., that the Mayor and City Commission approve and authorize the I Mayor and City Cieri< to execute a Professional Services Agreement, in the amount of $23,000, with ~~ Crowe Horwath, LLP, for Phase I services related to auditing the processes of certain regulatory City 1. departments or divisions. 468 -~-ll....;.h_-e._ __ __.. 2012. ASTO FORM & lANGUAGE & EXECUTION - AND For t.h11 pu~ of frils Agrooment, Consulbint ~tu-.n '00 dMmed to oo ,. an irl~ent oomctor, and not sJHtgent rJ thi3 City. B o I < All oo~, .~ und~ purnuamtc Amount paid to the r ........ ""'"'M 11"te Riel< l~ll~ll'l Drm, Th\rrl . {305) trrS-7000, 2.1 tn consldemtion of the F&a to be pard to Ckmsufumt by "!he City, Conwtts.rd eMil provlqe ihe ~ and described fn ExhJblt "A" hemfo ·{tile 1'he aforol'nentloood Elod'llblt •g details ·only I ofi.mi Proje-ct-Plan .-n.~,r.:AII fur~ II or tt!E11 Proj~t~ct Plan wlll :00 neQ·ot!m~ to wtth II,. tt taha!ll:'le ~ml:!l1oortt Ccnwlbmfs Servl~. ood any Incident ~o. snan t:ll!l i"l"!mlnim•M !lll"t'l"'l'riem.-..s with the tlmelloo and/or :schedule In Exhibit 1 469 3 The term of this Agl"'*!merrt (Term) shall commence upon execution of this Agreemerrt by all parties hereto, as set forth ln the Effectlve on page 1 hereof, and shall tannlnate six (6} mn,ntt•lll from such Bfedlve Date (unless earlier terminated as otherw!se provided ln this Agreement in). NotiM'!h6tandlng Term provided herein, Consultant shall tn any spaclflc timellnes, achOOules, dates, andlor performance milestones for completion and c!ellvary of the Serv!oos, as e.ame is/are set forth !n timel!ne and/or schedule referenced In Exhtb!t CA" hereto. In conaidemt!on of the Services to be provided, Consultant shan be compensated for Phase I, in the amount of 23,000, as specified In Exhibit "A" hereto. 4.:2 The Ia to be pald upon completion by Consultant and acceptance by tM C!$:Y, of fue .,.. .. , ...... ,....~ .. In Phase I, as attached in Exhibit -5.1 Upon receipt of an acceptable and approved !nvolca, payment(s) shall be made wlli'l!n ihirt)' (30) days ~or thai portion (or those portions} of the ~cea satlsfactcrlly rendered (and referenced In 'fha particular Invoice), Invoices lnclude a detailed description of"tna·sefVioos-(or "portJoos-t'hl:m:Joij ..... --- provkied, and ·shaH oo submitted to fue City at the following address: If the Consultant shall fall to fulfill in a timely manner, or otherw\se v1olates, any of l:htl covenants, egreemams, or stlpula:llons material to this Agreement, the City, through its Cfty Manager, shaH thereupon have ihe right to termlnati'l ihle Agreement for cause, Prior to exercising H:s option to terminate for cause, the City shall notify the Consultant of tts \1\oliit/on of the particular terrn(s) of this Agr86ment, and shall Consultant seven (7) business days to cure such default. lf such defau~ remains uncured after seven (7} .business days, the City may terminate thfa Agrooment Without further oottoo to 470 8.1 Consultant Upon termination, the City shall ba fully discharged from any and all llabllltles, duties, and terms arising out of, or by vlrtue of, this .AQreement Notwffilsta11ding the above, subject to 6. below, the Consu!tant shall not be relieved of liability to the City for suetalned by the City by any breach of the Agreement by the Consultant The C!ty, at Its sole option and discretion, shall he entitled to bring and all lega!fequltab!e adlona thet It deems to be In fts best interest in order to enforce the City's right and remedies agalnst Consultant The City shaH be enti!led fo recover ali costs of such aclions, including reasonable , attorneys' fees subject to the limitation of liability speclfted ln 8. below. lTS C!TY 1\AANAGER, AND FOR THE AT ANY CONSUl.TANJ SUCH TERMINATION~ WHfCH SHAll flfTE!N (1!) DAYS F'Ol.LOW!NG BY THE CONSULTANT OF SUCH NOTICE. IF ntE IS TERM!NATEb fOR BY CITY, SHALL BE FOR ANY SATISFACiORltY UP iO 'rHE OF .TSRMJNA TlON; FOLl.OWlNG WHICH .. .,. .... ,.._._._ BE NiY AND ALl liABILITIES, DU11ES1 ANO n::t:,uc:. AAlSlNG THIS AGREi~MI;NT 'Tl1e CitY also reserves th\7 right to terminate 'the Agree!)lent In the event the Consuf..ant is placed either ln voluntary or Involuntary bankruptcy or makes an assignment for the benefrt of creditors. ln such event, the rtght and obll9atlons for the parties ~hall be the same as providedior ln Secllon 5.2. SECTION 5 Consultant agrees to Indemnify and hold harmtess the City of Miami Beach and ·its offloors, employees, agents, and contractors, from and agalnst any and aH actlons (whether at law or ln equlty), claims, llab!Uoos, losses, and expanses, Including, but not limH:ed to, atlomeys' fees and coats, for persona! or bodily InJury, wrongful deaf!\ loss of or damage to property, \Nhlch may arise or be afleged to have arisen dlrectb' and proxlmataly from the nsgligent acts or Vviltful misconduct of me Consultant, lts officers, employees., agents, contractors, or any oth~r person or.ent\ty acting under Consultant's control or supervision durlng Consultanfs performance of ihe Servtces pursuant to 1hfs Agreement. To that extent, the Consultant shall pay all such claims losses and shall pay all such costs and judgments which rnay Issue from any fa\NSU!t arising from such claims and losses, and shell pay all costs and attorneys' fees by the City ln the of· such claims and !osses, including appeals. The agli*i that one percent (1 %) of the total compensation i:o Consultant for performance of me Services under this Agreement ls the specffic consideration from the City to the Consultant for the Consultant's indemnity agreement. 'The provisions of this Section 6.1 and of th!s lndemnlftcatlon shall survive termination or explrntlon of this Agreement. 3 471 The Consultant sha!! maTnta!n and carry In fu!! force during the Term, the following Insurance: · · ~. Consurtant General Uabflity, in the amount of $1,000,000; 2. Consultant Professional Ua.bi!!ty, in the amount of $200,000; and 3. Workers Compensation & Employers Uabllity, as required pursuanHo Florida statutes. The Insurance must be fumlshed by Insurance compsm!E~e authorlz&d to do business in the State of F!orlda. All Insurance poUcles must be issued by companies rated no lass than as to management and not than •crass VI" as to strengm by the latest edition of Best's lnsUI'Qnce Guide, published by A.M. Best Company, Oldwlck, New Jersey, or Its equivalent. Consultant shall give the Ccy at least thirty (30) days written notice prior of termination, cance~ati.on or reduction ln .coverage of any ln~urance poUcy required herein, Orlg!nat ~rtlflcates of Insurance must be submttted to th~ City's R.lsk Manager for approval (prior to any worn andlor services comrnenclng) and -wlll be kept on file In the Office of the Risk Manag~r. . · . The Consultant is also solely Tespons!ble for obtainln~ and submlttlng all ln~urance e:ertffi~es for any sub--consultants. . . . Compliance wlth the foregofng requirements .shall not relieve the Consu!tarrt of tile llabllltles and obligations under this Section or under any. other por1}on of this Agraement Consultant shall not commence any vvork and or sarvlces pursuant to this Agre-ement urn!l sll Insurance requl~ under th!s Section has been obtained and -such Insurance has been approved by the City's Risk Manager. SECTION 1 This Agreement shall be construed In .acwrdance w\th the laws of the State of Florida. This Agreement shall be emorceabte 1n Mieml-Dade County, Florida, and If l~al action Is e:.f'-l:.•e:·ct .. ,ru by either party with respect to the enforcement of any or all of the terms or conditions hemin, exclusive venue ior the enforcement of same shall lle in Mlami-Dade County, Flortda. By entering lnto this Agreement Consultant and the City expressly waive any rights either patty may ·nave ·to a trial by jury of any clvlllltlgatlon related to or arising out of th!s Agreement. 472 SECTION 8 Except 'o\'liere It Is Jud!dally determined that Consultant acted with bad faith or Intentional mlsoonduct. and subject to the lndemnfficath:.m obligations of Contractor speclfled In Section 8, neither the City nor Consultant's llabflity and the llablllty of their raspedlve personnel shall not exceed the fees actually paid to Consultant under thls Agreement This limitation of llabUity shall apply to the fullest extend allowed by law, and shall apply to 1any alleged or actual claim, liability or damages, lndud!n~ without llmltatlon, claims, !labilities or damages ·based In negUgenoo or other tort, contract, warranty, fiduciary prlnclpl~s. statute or common taw. This provision shaH survive termination of this Agreement In whole or in part 1111 .,,;;;,,-...-• ..-. .... 9 [INTENTIONALLY DELETED] SECT!ON10 Upon reasonable verbal or written notice to Consultant, and at any time during noonal business hours (I.a. 9AM -5?M, Monday 1hroogh Fr!deys, excluding natlonally recognl.red holldays}, and as as the City Manager may, ln hie/her reasonable discretion and judgrr~nt, necessary, there shall be made aval!abla to the Clty Mahager, and/or such MnMS.!Olnt1-.tru;"'R es the CJt!· Manager may deem to on the City's behaff, to audit, examine, and/ or Inspect, any and all other documents andfor records relating to all matters covered by this Agreement Consultant shall maintain any and aU such records at lts place of buslness at the address sat forth fn the "Notices~ sectlon of Agreement Consultant may retain one oopy of all such documents end/or records and work product for up to seven (1) yearn from termination or expiration of th!s Agreement. 'f0.~ [1NTEN110NALLY 10.3 Consultant shall not subcontract, assign, or transfer all or any portion of any work am:lfor service thls Agreement wililout the. prior wrnten consent of the City Manager, which consent, If given at all, shall be In the Manager's sole judgment and discretion. Nelther this Agreement, nor any term or provision hereof, or right hereunder, shall alilslgneble un!f:lss as approved pursuant to this Section, and any attempt to make .assi9nment (unless approved) shaH be void. 5 473 10.4 Prior to commencement of the thEi Consultant shall tlle a state of Florida Form PUR 7068, SWom Statement under Section 287.133{3)(a) Florida Statute on Public Entity Crimes with the City's Procurement DMsion. 10.6 in connection 'With the performance of the Sarvlces, the· Consultant shalf not discr1mlnate against any employes or e.ppllcam for employment because of race, color, national origtn, rellglon, sex. gender Identity, sexual orientation, dtsablllty, marital a.nd familial status, or age. · 10.6 The Consultant herein agrees governed by aU appUcable Misml-Dada . County Conflict of lntemst and Ethics provlslons, as set forth In Mlami-Dade County Code, and as may .be amended irom time to time; and by City of Mlam1 Beach Charter and Code 1>0me may be amended from tlme to time); both of whlch are . lnrorponrled by reference hereln s.s tf fully set forth herein. !he Consultant povenants ihat lt rxeoontly has no fnterest. and shalt not· acquire any Interest, d!racl or lndlrect!y, whlch could conflict In any manner at \1\itth .the performance of the Services, The C~msultant further covenants that ln the performance of thfs Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member ·of or delegaie to the Congress of the United States shall be admitted to any share or part .of thls Agreement or to any benefits arising there All ·no~coo and communications In .1Mi1!ng required or permitted hereunder, shsfl be deUvered personally to the representatives of the Consultant and the Ctty listed below or may be mailed by U.S. Certlfled 'Mall, return receipt requested, postage pmpaid; or by a nationally reoogntz.ed overnight delivery servlca. Until changed by notice in 'Wrttlng, a!\ such nciices aM communlcailons shaH bs addressed as fo!lONS: TO John W.soor Crovt.e Horwath LLP 401 Ohu>'SN'd. 1100 Ft. Florida, .33301 ro ·Pirt!icla Walker, Chlefflnancia! Officer 1700 Center.Drlve, '3111 Floor Miami ~c.h, Florida 39 · 6 474 Notice. may also be provided to any other designated by the party to re<:etve notice If such alternate address Is provided via U.S. certlfled mai~ ratum receipt requested, hand delivered, or by ovemlght dallvary. In the event an alternate notice address Is properly provided, notice shall be sent to such alternate In addlt1on to any other address which notice would oo unless other delivery Instruction as speclfica!ly provided tor by 1:00 party enlliled to notice. Notlce shaH be deemed given on the day on -Mllch peroona~y seri!ed, or the of r&eal!X by alther certlfled mall or overnight delivery, This Agreement cannot be modtfted or amended \Nlthout the express written consent of the pruiles. No modification, amendment, or alteration of the terms or conditions oontalned herein shall be efredlve unless conta!ned In e wrttten dooument executed with the sa'me formality and of equal dignity herev.Mh. If any term or provlelon of this Agrnament ls held lnvalld or uneuiforooab!a, the remainder of this Agreement shall not be affected and every other term and provision of thls Agreement shall be vaild am:! ernorced to ·the fullest extent permitted by law. The ,City and Consultant agree tills ls the entlre Agreement betWeen the partles. This Agreamerrt supersedes all prior negotiations, correspondence, conversations, agreements or understl'lndin~,Ja applicable to ·the ma:tters contained heraln, and are no commitments, agreemflrns or undemand!ngs ooncem!ng the StJb}eot matter this ft.graement that are not cantalrled In thre dooument T!Ue and paragraph headings are for convenient reference and are not Intended to confer any rights or obligations upon the partles to this Agreement 7 475 ATTEST: By: -; WHE~•~o~ the parties hereto have caused thia Agreement to be as of the date fln.rt entered above. CITY FLORU:>.A 8 476 Exhibit A The purposa of thts project p~nls to detail the speclflc basks and procedures that will be taken as part of flha~ 1-Aud~ planning of Crowe Hol\'ltith LLP's rerowe") engagement w!th the The main objective of phase 1 wl!J be to finalize !he scope and ·objectives ror the audit and ttl develop speelfte audit prooedures to oo parlbmied. Though, Crowe erwls!ons uUllztng their standard opemtlona! and perfum'lanc.a audit approooh, as ou~lned .In thek presentation to the Clty1 that approach was designed to be ffuld so that changes can ba made to meet the spec!flc needs and goals of the City. Crowe's plan fur lis proVIded ~low: Ph~ 1-Audit Plarmlng 1. '&irhJtM CiJtifeNnt:l! The first of the engagement 'Will be to conduct an entrance conference wllh Clty management and other ke~ project stakeho!dern. During The entrance conference Crowe will coordinate the pro1ect tim!ng, !ncludtng schedule-d meetings am:l deliverable due dates. In addition, Crowe wtU determine !he goals ~l!ehed by management whlch \111!1 be as~ during this project Flnatiy, durlflg this mooting, Crowe wm preS1!tnt ihe major tools !hat they envision us!ng durlnQ the engagement lnc:lud!ng a project work plan and P,"'jec't management tools oo that the City and proje<rt stakeholders will stay abreast of the prog~ of the proJect · 2. FtNzJiu Soops tmd Ob}edives In oonjuootlon v.ith M!eml 'Beach, Crowe wm flnailzs the ooope an'd oojootlvea to be audbd. Due to the variable narure of 'the potenl:tal scope and objedfvoo of perlbmiance audlw, Crowe, and Miami Beach, need w have an undersmndlng of the nature end pn:rll!e of the program or procas.S to be audited and the goals of Miami Beach. /A cleat deftr!ltlon of the Audit Scope and Audtt Objedlvoo v.ill bathe prod~ct and OO!lverable fur this step. · Mlaml Beach provlde<l a listing of procesaes end departments. Therefore, Crowe have a praUmlnary 'understanding of the arass the City desires to cover. S~cfficaily, Crowe .\NIH plan to perfoml ·procedures over ths following processes; ·· " Fan Impection process • Fire Pmvlmtion DMsion permitting proceas • Puhll.o Worlrn~pmn.lttl.ngproOll!ll! .. Spocie1 :Master process In addition, iP the 4 processes listed above, the Ctty also has. othm Departrnents/Dhllsions that are desired to be covered for th!s project. These Departments./DMs[ons are as foiiows: ,. Codo CoropllimceDivisioo* .., P~Enfu~llll1Dl'li!JJ.on• • Pl.arm.ing Deprutment As part of th!s task, Crowe w11t worlo; with the City to ensure that the four processes listed above as i:rtltl desired to be part of the project scope. !n addition, Cro'.'.'9 wm drill ~wn Into tha Department and Dlvis!ons fisted above to determlr.a whsrt specific process( as), tha Clty cleslras to cover as part of this projacl. Once the ~ have been confirmed, Crowe Will work With the aty to fina!tze ihe project goals and ob}ectlves. The City provided three maln obJectives for the Pro!ect These objact!voo me Usted below: -. Re'iiew organixatlomll ~and fuoolion.a • Review ~divlslo:n process~ (:including uses oftoo'!mo:logy) o Rttview int.en:W controls o Roview d.epart:In!m.tldiviaion operatione 9 477 ., Develop :rwommondl:ltlons on: process itriprovement, lntOJ:rJB.l control~, efficiencies, etc. S. Assess R.Jsk and Stgn.ijfcmlce Performance audlt rfsk, similar tCJ !he risk in flnencla! audits, Is the risk that the auditor wlil not develop appropriate tests or gather sufficient competent svfdemtlal matisr to support findings, conclusions or rooommendatione, crthafthsre w!U ba !ntent!<mal mlsrepresentat!on or fraUd related to the audit scope or obj&ctlves. Crowe wlH assess risk around the audit scope and objectives to assist in tha deslgn of appropriate audit procooum. To determine sign!f!cant risks, Crowe wll! perform Initial lnterviews wlih City management and other key project s1al<ehotdera to determlns what they vlew BS the major Issues or concerns over the processes that part of trds engagement In addition, Crowe wm review previous audlt reports (both internal and extemal) to determine the nature and extent of any flndlngs that relate to or affect the processes and/or departments covered by this project. 4. D.ewlop Atulli Progl't11t1 In a performance audit, the audit must idant1fy the criteria that wUI support the assertlons to be tested as well as determine what the appropriate measurement may be for !he slgnlficant criterion. The tast task of Phase I will be to develop !he specffic procedures to be performed. Utilizing the scope and objoot:lves from tEsk 2 and the risks obtained from task 3, Crowe wm deslgn procedures to analyze the overall structure of each proct:tss along with a control and operational analysis of each pror..ess covered under !his proJect Utill:;:lng li1e risks obtained ln task 3 villi allow EH.!rl!t steps to be focused In areas more elgnlficant to the objectives of the aud!f:. · · Once the audit program Is drafted. Crows wlll provide a draft of the program to the City for review and concwrence. Once the plan is approved, Crowe wm Initiate Phase 2 ofihe engagement Daliv~rab!f>S!Output of Phase ·1 wflt lncll.Uie: ~ Project!Communication Plan detailing • Objecitves ¥ Scope " Audlt.program (I.e. procedures to oo performed) " Reporting protocol • Status report template ,. Escalation and Issue protocol Depafunental ma1erial request letter Expected Phase I time line: 10 478 OFFICE OF THE CITY MANAGER LTC# 247-2012 LETTER TO COMMISSION TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager /o1~ September 28, 2012 SUBJECT: Report on status of services performed by Crowe Horwath LLP, related to the auditing the processes of certain regulatory departments or divisions. The purpose of this LTC is to update the Mayor and City Commission on the status of the services performed by Crowe Horwath LLP, related to the auditing the processes of certain regulatory departments or divisions. On May 9, 2012, the Mayor and Commission adopted Resolution No. 2012-27905, which waived, by 5/ih vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorized the City Manager to negotiate and execute a professional services agreement, in an amount not to exceed $150,000, with a qualified firm for services related to auditing the processes of certain regulatory departments or divisions. On July 251h, The City entered into an agreement with Crowe Horwath LLP for phase I of this project in the total amount of $23,000. The purpose of Phase I was to detail the specific tasks and procedures that will be taken as part of the Audit planning of Crowe Horwath LLP's engagement with the City. The main objective of Phase I was to finalize the scope and objectives for the audit and develop specific audit procedures to be performed. On September 5, 2012, Crowe Horwarth LLP, completed the attached Risk Assessment Report as a result of Phase I of the engagement with the City. Furthermore, Crowe Horwath LLP submitted the detailed specific tasks and procedures, timelines, and estimated costs for Phase II of this project. Amendment No.1, to the original contract, which includes the aforementioned Phase II ofthis project, is anticipated to be executed next week. Attachments C: Patricia D. Walker, Chief Financial Officer Raul J. Aguila, Chief Deputy City Attorney Rafael Granado, City Clerk F:\PURC\$ALL\Maria\Contracts\Crowe HOIWBh LLP\L TC for Cro.ve.doc 479 -I ~~ " ·- ~ '_, J' ~, r-;:; GJ ~~ n Q'\ ~ 00 0 Crovve Horwath i r , 1 Audit I Tax I Advisory I Risk I Performance The Unique Alternative to the Big Four® & ..... Pe ,J BE If' , Crowe Horwath. Contents m Crowe Engagement Team m Engagement Approach @ Risk Assessment Process ~ m Interviews Conducted 00 ~ w Major Departmental Functions m Crowe Risk Model * Miami Beach Risk Profile f® Pricing Model by Function woo Phase II Approach woo Next Steps Audit I Tax I Advisory I Risk I Performance The Unique Alternative to the Big Four® © 2011 Crowe Horw.Kh LLP 2 ~ 00 f\) CroNe Horwath. Crowe Engagement Team City Project Manager Matter Expert Audit I Tax 1 Advisory 1 Risk I Performance l Enpgement Partner Project tead Operational Team lead The Unique Alternative to the Big Four4D Technical Partner © 2011 Crowe Horwath LLP 3 "-::::1 0 1..1.. ~ -s c.. ...J w .::: -ru ...J 1 I c::: lrs .... < Gl ~ (.) ... ~ 0 N @ ~ Ill !- . . 1 I Jill . . ~ c::: (I) E ,_ • 0 't: Cl) Cl. - .;:,(. VI a: - ~ &1 ·:; "0 ~ <( - >< (I) !-u -~ -'0 D. ::I ~ .. <( ' :I ' D. 0 c .... 483 ~ 00 ~ Crowe Horwath. Risk Assessment Process iW lliW m m Audit I Tax I Advisory 1 Risk I Performance The Unique Alternative to the Big Four® © 2011 Crowe Horwath LLP 5 Crowe Horwath. The Unique Alternative to the Big Four® I 1 w I WI II! % @l & F ill II! ~ 00 ill M~m~n r :~mAnn II! CJ1 ill II! WI \M \M ...:of"llllltiii .... ~IIP"'a ............ ilf:"lll WI II! ( :nllii""IC LU"'!:III"'"''~ w ll! IVICIII\. ~!JII;;II~I WI WI ll! II! Klcnara Lorner Wi II! T nrn lAnnnou Wi Audit I Tax I I Risk I Performance © 2011 Crowe Horwath LLP 6 ~ 00 0) Crowe Horwath · r I !Ill Ill! ;m ;m .. Ill! .. .. !Ill Ill! ;m =1 Audit I Tax I Advisory I Risk I Performance The Unique Alternative to the ¢ $ @ .. Ill! .. --® 2011 Gro.Ne HO!Wath LLP 7 ~ 00 ....... Crowe Hawath. The Unique Alternative to the Big Four® The Crowe Horwath Risk Model sM Definition of Risk Business risk is an event, action, or failure to act that may adversely affect an organization's ability to achieve its business objectives and successfully implement its strategies. Below is a graphic profile of Crowe's Risk Model, which identifies various types of risk: External Risks Regulatory/Legal Investor Relations Competitor Financial Markets Catastrophic loss Sovereign/Political Information RiskS Product/Service Pricing Performance Measurement Budget & Planning Accounting Information Financial Reporting Access Availability Operations Risk Customer Human Resources Product Development Supply Chain Business Interruption Compliance Performance Audit I Tax l Advisory 1 Risk I Performance Strateqic Risks leadership Alignment Planning Communication Business Model lnteqrity Risks Fraud Authority limit Unauthorized Use Reputation Financial Risks Price liquidity Credit © 2011 Crowe HOIW3th LLP 8 tt. 5 u. .!2> aJ Q) .c. ..... .e Q) 11. ~ ~ ~ 1 ~ ~ ~ X Q) ~ ;::, CT ·c: 0 :::J "F ~ Q) ~ .c. 1- " -·-• 0 .. A. ~ U) ·-m .c u ~ • " Ill ·-u E • ;:JJUI!Jijlli5!S p8SI'8 IJLIJ ·-I -'5 ~------------------------------------~ ~ 488 ~ 00 <0 Crowe Hawath. The Unique Alternative to the Big Four® i@ Significant and Prevalent Ill! illll Ill! Ill! Ill! i@ Large amounts of money flowing through establishments. Lack of segregation of duties and monitoring controls. ill High volume of complaints. Concerns with level of staffing and scheduling. Also, a lack of segregation of duties. ill Large amounts of money flowing through establishments. Lack of segregation of duties and monitoring controls. ill Ambiguous calculation for fee. Calculations not adequately reviewed. Potential for inconsistent calculations and treatment. ill Complaints could have a significant political impact. Large number of complaints are deemed unwarranted. Audit I Tax I Advisory I Risk I Performance © 2011 CrO'olle Hormtf! LLP 10 ~ (Q 0 Crowe Horwath The Unique Alternative to the Big Four® w Prevalent, but less significant @ * Lack of segregation of duties over process. However, low number of complaints and low level of exposure to the City. w Significant, but Less Prevalent m @. ill * High level of enforcement and potential large amount of violations. Adequate coverage and deployment for officers. Good controls over documentation and tracking of tickets. * High profile process, some controls over process with independent master. However, still high risk due to subjective nature of judgments. *' High volume of tows and some negative perception to the public. Some controls including segregation of duties and approvals of tows prior to occurrence. Audit I Tax I Advisory I Risk I Performance © 2011 Crowe Horwath LLP 11 ~ (Q ~ Cf'"0\4W! Horwath. Unique Alternative to the . . . I I I I !!! Significant, but Less Prevalent (continued) Ill! 1111 Higher exposure to the City due to large number of events. Good controls and documentation over review and permitting process. Ill! ~~~~ High dollar amount of funds flowing through process. Good approval controls, good segregation of duties, but limited quality assurance. Ill! Ill! 1111 Established controls over approval process. High volume of applicants and potential for exposure. ~~~~ Established controls over approval process. High volume of applicants and potential for exposure. lfJ Less Significant and Less Prevalent Ill! Ill! ~~~~ Low monetary value and low exposure to the City. Audit I Tax I Advisory I Risk l Performance © 2011 Crowe Horwath LLP 12 ~ (Q f\) Crowe Horwath The Alternative to the Pricing Model by Function IProces I Estimated Cost I IProces -----I Estimated COsfJ Orilinal&y Pmpomd: Additional Pmcet~B~~a Bnduded in A•en•ment: Am PrENBntion Di~slon Awe PI"E'Nerrtion Di'\Asion $ 15,000 Ewnts $ Violations/tines TOIIIIS Valet Public WOO<s l"lAN:Irtm.sri Coi,CUim!ll11t:VJ'Imr~aCt fees S~JE~eial Master Proooos Total ~-Phaa I Dl.::ount on Pro~ Total fiiNa • Ahr Dl.:ount: Audit I Tax I Advisory I Risk I Performance ToW~-Additional~ $ Tob!B feea-ARB Potential Proceaes $ $ $ @J 2011 Crowe Horwath LLP 13 ~ (Q w /Y Crowe Horwath Phase II Approach i1lli % m % tt @ w @ tiD ill {@ ® Audit I Tax I Advisory I Risk I Performance The Unique Alternative to the Big Four® @ 2011 Crowe Horwath LLP 14 Crowe Horwath The Unique Alternative to the Big Four® .. Next Steps w City reviews project plan and provides any input or revisions. f@ City selects processes to be covered by Phase II ~ f@ Execute Engagement Letter for Phase II of project. ~ Audit I Tax I I Risk I Performance © 2011 Crf@f@e HOI'W!Ith llP 15 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CROWE HORWATH LLP, DATED JULY 25, 2012 FOR PHASE II SERVICES RELATED TO AUDITING THE PROCESSEESS OF CERTAIN REGULATORY DEPARTMENTS OR DIVISIONS This Amendment No. 1 to the Agreement made and entered this_ day of , 2012, by and between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and CROWE HORWATH LLP., an Indiana Limited Liability Partnership, whose address is 401 E Las Olas Blvd. Suite 1100, Ft. Lauderdale, Florida 33301 (hereinafter referred to as Consultant). RECITALS WHEREAS, the Mayor and City Commission adopted Resolution No. 2012-27926 on June 6, 2012, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Consultant for Professional Services for Services Related to Auditing the Processes of Certain Regulatory Departments or divisions (the Agreement); and WHEREAS, the Agreement provides for a Phase I and Phase II scope of services; and WHEREAS, the City and Consultant proceeded with Phase I services (audit planning), in the amount of $23,000, and now wish to proceed with Phase II; and WHEREAS, Section 2.1 of said Agreement states that the scope of services for Phase II of the Project Plan will be negotiated during Phase I and, if the parties agree to proceed with Phase II, it shall be done as an amendment to the Agreement. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 1. 2. MODIFICATIONS The Agreement is amended to include the scope of services for Phase II, which services (including the fee and timeline(s), for such services, are attached and incorporated as, respectively, Schedules "A-1", "A-2", and "A-3" to this Agreement. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and Consultant ratify the terms of the Agreement, as amended bythisAmendment No.1. 495 WI11EREOIF. the u.~~. .. ~lj~.~~,~~.~ In their names by their duly 496 'looGI'~''"' this Amendment No. 1 forth CITY BY, ____________________ __ Mayor, CONSULTANT: taken as part of 11- 2 are: • For been given priority state of a format uses nrni"Act~ • For identify document control del1ciEmc:ies nnt-,a.ntll!"l improvement opportunities. Perform verification steps to ensure current processes r~ ... tr. ................. ~ are and Though, we envision utilizing our that ~nr•rn~ City. ll'lfti~ill'llnt execution are to an audit nrn.~~~~ duration of fieldwork that will provide lll.tAkAr~nmniAI"!:: if we are on with of our audit. different This ensures rn.::a.nll:l.n<~~~~r .... ~~:~•r~t and requirements of the AICPA and ul"\ul"\.~. l.;rclwe,·s internal control assessment Is built upon TreaO\IIIav Commission) tl"ii:llmA•wn•l'k areas you have requested using a method and 497 Process Interviews and walkthroughs Our first task for Phase II is to conduct detailed process interviews with all City staff involved in the process being analyzed. In addition, we would perform walkthroughs of each process to observe the process as it occurs. These interviews will be comprehensive in nature and will incorporate as many staff involved in the process as possible to get input on the process from as many employees as feasible. We will analyze the information communicated to us and compare to the other interviews for this process and to the walkthroughs to ensure a consistent process is being communicated. We will note any inconsistencies between the interviews and between our interviews and our walkthrough. During the interviews, we will request additional information related to the current processes as deemed necessary. Documentation Analysis In order to enhance our understanding of the current processes and internal controls of the processes under audit, we will analyze the documentation collected at the entrance conference as well as in the interviews and walkthroughs. Written policies and procedures (if any) will be reviewed during this task along with any forms, checklists, etc ... utilized by staff to assist with the process. These documents will be analyzed for proper controls and compared to the information provided during our interviews and our walkthroughs to determine any differences between the documented process and the actual process being performed. The documentation obtained will also be compared to industry best practice. Based upon the results of our documentation analysis, we may require limited follow-up interviews to verify information compiled during the documentation analysis stage of the project. Document the Process Once we have completed our interviews and reviewed any process documentation, we will draft a high level process flowchart of each process. This flowchart will include any significant controls that exist in the process. We envision using Microsoft Visio to complete the process flowcharts. Process and Control Assessment We will summarize our assessment of the current controls and processes of the functions under audit. This will include an identification of the major functions, job responsibilities, and existing internal controls for each of the areas under analysis. During this section, we will also assess the procedures that existforeachfunction under audit and if these procedures appear to be followed. Based on this assessment, we will identify any process gaps and control weaknesses. In addition, we will identify any repetitive processes or controls that could be leading to inefficiencies. Develop Findings and Recommendations Findings will be developed and written using the standard reporting criteria included in Government Auditing Standards. One of the critical steps to ensuring that Miami Beach receives high quality reports is to verify the facts of all findings that will be presented in our reports. Therefore, before any findings are drafted, we will ensure that the facts surrounding the process or control are understood and agreed upon by us and the City. Reporting Draft Report and Exit Conference We will develop and issue a draft report to Miami Beach for review. We will then plan to conduct an exit conference with Miami Beach. At this meeting will walk through our conclusions, internal control assessment and recommendations to (again) confirm the facts underlying any potential findings. Final Report 498 Based on comments from the Exit Conference and Miami Beach's management review of the draft report, we will revise and finalize the report. We envision our report to include the following sections, but are flexible to modify this structure to meet the Miami Beach's needs: • Executive Summary • Background • Objective, Scope and Methodology • Findings and Recommendations 499 U'l 0 0 EXHIBIT A-2 EXPECTED TIMELIME Nota -Tha green sheded bars for Phase 2 and 3 rapresant lhe Iimeina for Code Compliance, Fila nspection and Parking Eriorcement department assessmer"b. Tha OlliiiQ8 shaded bars IBpi8S8I1t aH othar processes. 1. ADDITIONAL SCOPE OF SERVICES Scope as set forth in Exhibit A-1 2. PAYMENT AND COMPENSATION EXHIBIT A-3 The scope of services described in this amendment shall be performed for a not-to-exceed amount of $127,000. Invoicing shall be as referenced in the original agreement. Compensation Original Agreement Amendment No. 1 Total Revised Agreement I Process Table 1 Estimated Cost: Originally Proposed: Fire Prewntion Dil.1sion Inspections (night) Permitting (new construction) Code Compliance Dil.1sion Complaints Inspections Violations/fines Parking Enforcement Di~sion Ticketing Tows Valet Public Works Department Permitting Planning Department Permitting Concurrency/Impact fees Special Master Process Total Original Fees-Phase II $23,000 $127,000 $150,000 Discount on Originally Proposed Processes Total Original Fees-After Discount I estimate Range I $ 15,000 12,000 12,000 15,000 14,000 10,000 12,000 10,000 12,000 12,000 14,000 14,000 $ 152,000 (25,000) $ 127,000 501 PARTtES: TERM: TERMINATION: SCOPE! DRAFT SCOPE OF §ERVJCES INSPECTOR GENERAL SERVICES City of Mfami Beaeh ATTACHMENT 4 Miami-Dade Col.llty, on behalf of the Miaml·Dade County Office of the tnspector General (MOCOIG) lhrae (3) years from date of execution by all parties. Renewable for an additional term, as such additional term Is det&rmined and agreed upon by both Parnes. May be terminated for any reason, including convenience, :by either party by thirty (30) day$' written notice to the other party. The term •1nepedcr Generar when standing alone hereinafter shall refer to the Inspector General for the City whOse roie is being fulfilled by the MDCOIG pursuant to the terms of this Agreement. a. Subject to the tlmltationa PfQvided herein, the MDCOIG is authorized to serve at the Inspector General fot the City during the tenn ot this Agreement. b. The organization and administration of the' MDCOIG shall be sufficientiy tndependant to euuta thllt no intelference or influeooa external to the MOCOIG adversely affects the Independence and objectivity cf l1e Inspector GeneraL c. The M[.)C()iG thall have the authority to make inVeStlgatkms of City progrt~ms, acoounts, recorda, ccntraca and transactions as further set forth in thiS Agraement. and the power to I'Dview past, present and pi'OJ)Oied City programs, account&, records, contrac:ts and tranaactiona, as further set forth In this ~. d. The MDCOIG ~I have the !)0\Wilr to require reports and the production of recorda from the Mayor, Commialan, Ciy Manager. City offlce1'8 and employees, C"egardlng any metier within th& jurisdiction of the MDCOIG. Any fifes or rapo.rtar misting to Utigation that are subject to attorney-diem or other privilege shall not be subject to discioslR to the MDCOIG. e. The lnepector General 8hall b& authorized to conduct any rtWiewa, auditA, inspeetione, lnvatigstlona or analyaes relating to departments, oftioea, committees, aetMtlea, programs and agenclel of the City of Miami Bach, Including llMewe of employee compliance with eetabii!Shed policln andJor standard operating procedures of the City. f. lhfa ~ if!d be aut;toriud to ~ any ~. audita, ~oo' or analyMi r8latino to tm o~ns Of , , of the City With regutatory cwnlglt of ely COdU suenat, but not Umlfsd 'PlaMinQ and l;O!'Iing, building, property maintenance. noise, etc., and/or smte or ~ , but not Umited to~ ~building and tim ccdn, ~ PIJA ~enta, ttte., lndudlng review~ of emp&oye compliance with etabllshed poUde6 andlor standard operating procedures for their ;agulatory departments or divllions of the City. Such reviews, audita, inspections or anslysn shall be in accol'darK:e with any Collective Bargaining Rights, Per80nnei Rules, end other Federal end State guidellnas regarding employee rights. 502 g. The MOCOIG may, on a random basis, perform audits, inspections and reviews o1 City cootract&, and shall be deemed the City's designee for any auditS, inspections, and reviews of City conttaets provided for under the tem'ls of those City contracts. h. The MDCOIG shall 1\ave the power to audit, Investigate, monitor, inspect, and review the operations, actlvitlel end performance of the procurement process for contracts, Inducing, but not limited to, how bid apecHk:atlons were established; how the bid proceu was managed; and the activities of the prospective bidder, its officer&, agents and employees, lobbyleta, City staff, and elected offiCials; in order to ensure compliance With the City's estabdshed procurement procedures and any other State, County or City taw or ordll"'8nce relating to procurement that is appllcabfa to the City. I. Notwfthatanding the above, the MOCOIG shall have the power to review and Investigate any dtiz.en's complaints regarding City projects, programs, contracts, transactions, and employee misconduct inolud'lf'lg misconduct by employees involved In ragulatory oversight functions. Such ~ and Investigation shab be In ac:cordllnce with any Collective Bargalnlng Rlghta, Personnel Rules, ancl other Federal and state guidelines f8gardlng empklyee rights. j. The MDCOlG may exercise any of the responaibllitles, functions and authorities contained In the Agreement upon hla « her own Initiative. lc. The MOOOIG shah be notlfled In writing prior to any meeting of an evaluation or MQOtiation commlltee where any matter refating to the procurement of goods or aervicea by the City i& to be cliscuued. 1M,. notice nsqulntld by ttUt aaction ahatl be gWen to the MDCOJG as soon u posalble after a meeting has been leheduled, but in no event later than twenty-four houns prior to the scheduled meeting; said notice may be provided via electronic maH. The MOCOJG may, at hta or her dlscreUon, attend an duly noticed City meetil~ga relating lo the procurement of good~ or aervk:ea as provided herein, and may pose queatlons and rau eoncems eona11tent With the func:tiont, authOrity end powers of the Inspector General. An audio tape recorder Wll be udlzed to record all applicable evaluation and negotiation committee meetings. The Mayor and Commlalon, City Manager, City Atiomey, City's Internal Auditor and Mlaml Beach Pollee Will cooperate with the MOCOIG to ac:hleve the goals of preventing and detecting fraud, waste, financial m1'8management, employee mlaconduct or other abuses, and promoting acc:ountablnty, Integrity, eoanomy, and efl1clency tn govemm11nt. _,. The MDCOIG will not, whenever pouible, duplkate the wOfk of the City's Internal Auditor, Miami Beach Pollee Department Internal Affairs Dlvillon, Miami Beach Human Reloi.H'C)8S DepartmeN, City Commisalcn. City Manager and City Attorney, or of the State Attorney' a omce or Miami-Dade COUnty Commission on Ethics. tt Ia understood. however, that the MCC01G'a audits, investi!Jatlom, inspection& and reviews may from time to time addleN the same or sfmllar lMue• or ~ being reviewed by the aforementioned entities. In 1uch cases, the MCCOIG's eudlts. investigations, lnspec:tlol'l$ and reviews will be conducted separately and Independently from lho8e entltiaa, and upon conclusion, the MOCOIG, Wher& appropriste, Will refer the dlepodon or flnallzatlon of any audit. Investigation, lnapecllon or review to the appropriate City entity for any additional action. REPORTING: The :~OlG shall proVIde an annual report to the City on the pnor year's a~vftles. STAFF & SUPPORT: AI UOCOtG staff to ramaln ataff cfthe MOCOIG City may assign City atd to support MDCOIG FEES: City to proVide offlee spaee and office essentlafs (desks, phones, ete). Flat anntU!II fee for service. Initial annual fee to be negotiated. SlDequent annual budget reque;t to be submitted and approved by the City as part of annual City Budget \'lf'OCl88S. 503 MlAMI·DADB Cot:INn' CoMMISSIOf'lr ON Erma 11: Pl:JBUC TRusT , Mayor and City Commission Miami Beach City Hall 1700 Convention Center Drive Miami Beaeh, FL 33139 May2,2012 fte: Ethics Training Honorable Mayor and City Commissioners: ATTACHMENT 5 In response to the request of the City of Miami Beach, the Miami· Dade Commission on Ethics and Public Trust submits its proposal fur a comprehensive ethics training program for regulatory employees. The attached prognu.n includes multiple sessions of intensive and interactive train.ing for all employees and supervisors enpged in the areas of fire inspection, parking enforcement, building inspection, code enforcement, and plamU.ng, which comprises gproximately 22S staff. We are prepared to conduct and conclude this training within six months of executing a final agreement for eame under mutually agreed upon conditions. We are available to diseuse this proposal further at your convenience and look forward to meeting with you. Cen,torlno Director and General Counsel Miami· Dade Commission on Ethics and Public Trust 504 PROPOSAL FOR CITY OF MIAMI BEACH ETHICS TRAINING The Miami·Dade Commiasion on Ethics and Public Trust eubmite the followiDg- pxoposal for ethics training for 223 City of Miami Beaeh employees and supervisors engaged in regulatory enforcement. This proposal is for an intensive training program to be completed within six months or implementation. Class e should not e:eeed 50. Seaigna: 1) Introduction to Ethics! Interactive Leeture/Discu89ion led by Ethics Commiaaion pe:nonnel focusing on public eerviee ethics, governmental organizational eulture and profaaaionalism.. (1 hr) .2) Detailed presentation of Miam.i· Dade County and City or Miami Beaeh Code of Ethics requirements fur public employees, empba&izi:l.lg gift. oollflict oi interest, and eli.J)loitation provisions particularly relevant to regulatory personnel, illustrated with caae examples. (4 brs) 3) Presentation/Diaeussion of legal and administrative consequeneea or ~callunethical activity by public .;ezvanta, includ.ior participation of a tl'rmer City of Miami Beach official whose xniaconduct led to termination. (1 hr) 4) Preeentation on the law o£ Bribery, including a discussion of illustrative criminal cues from Miami· Dade County and elaewhere. (1 hr) 5) Presentation!Diacuasion On the special intesrity challenges presented by the regulatory environment in Miami Beach, including a presentation by a retired management level employee of a local municipality. (1 br) 6) Interactive group discussion led by Etbies Commission personnel based on 6 hypothetical scenarios directly relevant to :issues confronting regulatory peraotu~el. (2 h:re) 505 7) "Train the trainer" program for supervieory level personnel, addrewg the need fur an ongoing strategy neceasaey fOr building an ethical organintional culture, with overaight controls and in·eerrice ethics trai.l:ring within their ~ deparlznenta. (2 bra) 8) Private, confidential ou-on-one eessions to be conducted with all regulatory emptoye. by Ethice Commiuion ataft' to diseusa and addre• put aDd future ethkal concertuJ raised by their pe:rsonal and professional experience~ with au invitation for them to sugput changes and/or improvemeuta in the workplace that each employee feels would lead to a st:ronger ethical climate. (1/2 hr eaeh) 9) Final Report prepared by Ethies Co'I:DDliasion staff summarizing all traini.ng e&aaiona, 'With reoommendationa b fcllow"Up trainiDr and for implementation of loJlg-te:rm manageD'Ient strategies to prevent &tum co.rruption. ' ..... 506 RESOLUTION TO BE SUBMITTED 507 OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower and Members of the City Commission Jose Smith, City Attorne{ :)12_J_~ · {)If:\~ December 5, 2012 A RESOLUTION APPROVING AMENDMENT NO. 1 TO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY AND KATHIE G. BROOKS, EXTENDING MS. BROOKS' ENGAGEMENT AS CITY OF MIAMI BEACH INTERIM CITY MANAGER FOR AN ADDITIONAL THREE (3) MONTH PERIOD Since the City is continuing its search for a permanent City Manager, the City wishes to extend Interim City Manager Kathie Brooks' Employment Agreement for an additional three (3) month period, commencing on January 8, 2013 and ending on April 30, 2013. Accordingly, the City Attorney has prepared the attached Resolution and Amendment to the Manager's Employment Agreement. F:IATTOIAGUR\RESOS-ORD\MEMOS\Kathie Brooks-Amendment to Employment Agreement Memo (12-5-12).doc 508 Agenda ltem __ ~_'J_E-__ Date 12--12..-l '2:.::. 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 AMENDMENT NO. 1 TO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY AND KATHIE G. BROOKS, EXTENDING MS. BROOKS' ENGAGEMENT AS CITY OF MIAMI BEACH INTERIM CITY MANAGER FOR AN ADDITIONAL THREE (3) MONTH PERIOD, COMMENCING ON JANUARY 8, 2013, AND ENDING ON APRIL 30, 2013 WHEREAS, on June 8, 2012, the Mayor and Commission appointed Kathie G. Brooks as Interim City Manager (Manager) of the City of Miami Beach (City); and WHEREAS, on July 18, 2012, the Mayor and City Commission approved Resolution No. 2012-27976, approving an Employment Agreement (the Agreement) with Manager to serve as the Interim City Manager of the City of Miami Beach during such time as the City Commission conducted its search for a new permanent City Manager; and WHEREAS, the Term of the Agreement shall expire on January 7, 2013; and WHEREAS, the City Commission is continuing its search for a permanent City Manager and therefore wishes to extend the Agreement, and Manager is agreeable to continue to serve in her capacity as Interim City Manager during such time; and WHEREAS, the Agreement may be extended by mutual agreement of the parties. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to an Employment Agreement between the City and Kathie G. Brooks, extending Ms. Brooks' engagement as City of Miami Beach Interim City Manager for an additional three (3) month period, commencing on January 8, 2013, and ending on April 30, 2013. PASSED AND ADOPTED this _____ day of-----2012 ATTEST: Rafael Granado, City Clerk Matti Herrera Bower, Mayor F:\A TTO\AGUR\AGREEMENT\Kathie Brooks -Amendment to Employment Agreement RESO 12-5-1 ~PROVED AS TO FORM & LANGUAGE & FOB EXECUTION 509 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT This Amendment No. 1, is made and entered into as of the _ day of -----• 2012, by and between the City of Miami Beach, Florida, a municipal corporation (City), and Kathie G. Brooks (Manager). The City and Manager may also be referred to herein, individually, as a "Party" and, collectively, as the "Parties." WITNESSETH: WHEREAS, on July 18, 2012, the Mayor and City Commission approved Resolution No. 2012-27976, approving an Employment Agreement (the Agreement) with Kathy G. Brooks (Manager) to serve as the Interim City Manager of the City of Miami Beach during such time as the City Commission conducted its search for a new permanent City Manager; and WHEREAS, the Term of the Agreement shall expire on January 7, 2013; and WHEREAS, the City Commission is continuing its search for a permanent City Manager and therefore wishes to extend the Agreement, and Manager is agreeable to continue to serve in her capacity as Interim City Manager during such time; and WHEREAS, the Agreement may be extended by mutual agreement of the parties. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Section 2 of the Agreement, entitled "Term," is amended to extend the Term of the Agreement for an additional period of three (3) months. Accordingly, the parties agree that the new Termination Date of the Agreement shall be April 30, 2013. 2. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and continue in full force and effect. 1 510 IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. Attest: FOR CITY OF MIAMI BEACH, FLORIDA: Rafael E. Granado, City Clerk Matti Herrera Bower, Mayor ___ day of _____ , 2012. Witness Signature _day of _____ , 2012. Print Name Witness Signature Print Name F:\A TTO\AGUR\AGREEMENT\Kathie Brooks -Amendment to Employment Agreement (12-4-12).docx 2 511 APPROVED AS TO ''ORM & LANGUAGE 6 FOR EXECUTION \L/ ~ / \t,; Date ~ OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: FROM: DATE: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION INTERIM CITY MANAGER KA]]:IIE BROOKS .•... ·····') // JOSE SMITH ~· . ..r/vJ· J ·· " CITY ATIOR~~~4 ~ DECEMBER 14,;~ SUBJECT: RESOLUTION ACCEPTING FINAL RESULTS OF THE NOVEMBER 6, 2012 SPECIAL ELECTION Attached hereto is a Resolution adopting the Official Certificate of the Miami-Dade County Canvassing Board for the November 6, 2012 Special Election for the City of Miami Beach, and declaring the final election results. The Miami-Dade County Supervisor of Election's certification of the final results is attached to the Resolution and upon the City Commission's acceptance thereof by passage of this Resolution, all City Commission election activities related to the City's November 6, 2012 Special Election shall be concluded. JS/DT/mmd F:IATTOITURNICOMMMEMO\Comm Memo Reso Accepting Results of November 6 2012 Special Election-3-Ldoc 512 Agenda Item R7 F Date tz~tl.,-12.... RESOLUTION NO. __ , A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE OFFICIAL CERTIFICATE OF THE MIAMI-DADE CANVASSING BOARD FOR THE FINAL RESULTS OF THE NOVEMBER 6, 2012 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH, AND DECLARING THE FINAL RESULTS THEREOF. WHEREAS, the Official Certificate of the final results 1 of the City of Miami Beach Special Election have been received from the Miami-Dade County Supervisor of Elections and are attached hereto as Composite Exhibit "A" and are incorporated herein by reference; and WHEREAS, said Official Certificate reflects that: Question "A" as set forth below was approved by the electorate of the City of Miami Question "B" as set forth below was approved by the electorate of the City of Miami Beach; Question "C" as set forth below was approved by the electorate of the City of Miami Beach; Question "D" as set forth below was approved by the electorate of the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having had canvassed the final returns of the November 6, 2012 Special Election of the City of Miami Beach, the City hereby adopts the Official Certificate of the Miami-Dade County Canvassing Board for said Special Election and it is hereby ordered that the Official Certificate and this Resolution be 1 The City Commission's November 14, 2012 acceptance of the unofficial election results is hereby reaffirmed. 2 The four ballot questions have been lettered "A" "B" "C" and "D" for ease of reference herein and were not so lettered on the ballot. 513 recorded in the minutes of the City Commission meeting as a permanent record of the final results of said Special Election; and be it further resolved that, as a result of the City of Miami Beach November 6, 2012 Special Election, the votes upon the questions presented reflect the following final results: Question "A": ESTABLISHING CITY CLERK AS A CHARTER OFFICER SHALL THE CHARTER BE AMENDED TO ESTABLISH THE CITY CLERK AS A CHARTER OFFICER RESPONSIBLE FOR PERFORMING DESIGNATED DUTIES, WHOSE COMPENSATION SHALL BE ESTABLISHED BY ORDINANCE, AND WHEREBY: • THE CLERK SHALL BE APPOINTED AND REMOVED BY, AND ACCOUNTABLE TO, THE CITY COMMISSION INSTEAD OF THE CITY MANAGER; AND • POWER TO SUPERVISE AND CONTROL THE CLERK'S OFFICE, AND TO APPOINT AND REMOVE UNCLASSIFIED PERSONNEL THEREIN, SHALL BE TRANSFERRED FROM THE CITY MANAGER TO THE CITY CLERK? Question "B": YES NO VOTER APPROVAL REQUIRED TO REDUCE HISTORIC PRESERVATION BOARD POWERS AND DUTIES OR HISTORIC PRESERVATION STANDARDS. SHALL CHARTER SECTION 1.06 BE AMENDED TO REQUIRE THAT ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 ("HISTORIC PRESERVATION BOARD") OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4 ("HISTORIC PRESERVATION"), OF THE CITY CODE, WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? 2 514 YES NO Question "C": CHANGE OF FILING PERIOD FOR QUALIFYING PETITIONS SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND DAY OF THE FOUR-DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING PERIOD? QUESTION "D": YES NO LIMITED WAIVER OF CITY QUALIFYING FEE SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED NUMBER OF VALID SIGNATURES ON A TIMELY-FILED QUALIFYING PETITION BY 5:00 P.M. ON THE SECOND DAY OF CITY'S QUALIFYING PERIOD, CITY'S 7 1/2% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03? YES NO BE IT FURTHER RESOLVED AND DETERMINED that Question "A" was approved, Question "B" was approved, Question "C" was approved, and Question "D" was approved. PASSED AND ADOPTED this _day of December, 2012. ATTEST: Rafael Granado, City Clerk F:\ATIO\TURN\RESOS\Accepting Election Results November 2012.rtf 3 515 Matti Herrera Bower Mayor APPROVED AS TO FORM & LANGUAGE FOR EXECUTION '· '' ; OFFIGE bF THE CITY MANAGER .:· lETTER , ... '> ' ~ a . :X .··rn : TO:. · Kathi~ G.· Brooks •. lrytedm City Manager ~· .,. .. 0 ~ > ~--::-·a o.·. ·" i'l N ' . ~· . '· This LTC is to transmit tf:le Official Certiflcate'·of co~nty .. , · · · · 6, 2012 Mia~:Ui Beach Special Election: (Please note that the ct;lange<;J the. format·. of the .certificati9ns,. so all nonpartisan . races and,. questions 'appear on the certiftcation.) Th·e resultsJor.l\iliami Beach liste~ 'on . 1 o:.-and show:· · Question 1: ·· · · . . Establishing City· Clerk· as a Charter Officer The total number of votes cast was 23,611, ot'which hum~er: Yes for approval received: .. 13,89.7 votes No for rejection received:. 9,714' votes· · The total number votes ves.for approval received:. 14.;1 . No for rejectio:'l_receivecl: . 8, 922 votes ·. ·' · .. · . . . Question . . .· . . .. ·''t limited .Waiver Of City Qualifying ·f~e · · . . : · · ' · . ' .. The total number of \.i'otes cast was 21,330, of .which n.umber:. · Yes.fo·r approval received: 12, 168.votes ·. No for rejectio.n recei.ved: .· 9,162'votes ,, ,r ' • ' • If you have any ~ • . • f regarding this information;· pl_ease contact this ' • ' ' ~ • ' I • · · .. . ·'. Atta.chme_(!t; Miami-Dade County Elections Official Results . ' \ ~ ' "' .. < •• ~ "' ''. '"' •' . F:\CLER\CLER\OOO_ELECTION\_OOONOV 6 2012 SPECIAL.ELECTION\LTC OFFICIAL RESUI:.TS.doc • Cornp~site E~hibit .. ·"A" · · .. ' . .. . 516 or anytime.' . ~, *** Official *** : CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY ' We, the undersigned, SHELLEY J. KRAVITZ, County Judge, Chairperson, PENELOPE TOWNSLEY, Supervisor of Elections, Member, ANDREW S. HAGUE, County Judge, Substitute Member, . constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the Sixteenth day of November, 2012 A.D., and proceeded publicly to canvass the votes given for the several offices and persons herein specified at the Genera[ held on the Sixth day ofNovember, 2012 A.D.; as shown by the returns on file in the. office of the Supervisor of Elections. We do hereby certifY from said returns as. follows: For Preside-':Jt of the United States, the whole number of votes cast was 878,314 ofwhich number Mitt Romney and Paul Ryan (REP) received 332,981 votes Barack Obama and Joe Biden (DEM) received 541 ,440 votes Thomas Robert Stevens and Alden Linlc (OBJ) received 272 votes Gary Johnson and James P. Gray (LBT) received 2,276 votes Virgil H. Goode~ Jr. and James N. Clymer received 80 votes (CPF) Jill Stein and Cheri Honkala (GRE) received' . 608 votes Andre Barnett and Kenneth Cross (REF) received 67 votes Stewart Alexander and Alex Mendoza (SOC) received. 87 votes Peta Lindsay and Yari Osorio (PSL) received 44 votes Roseanne Barr and Cindy Sheehan (PFP) received 245 votes · Tom Hoefling and Jonathan D. Ellis (AlP) received 61 votes Ross C. "Rocky" Anderson and Luis J.. received 136 votes Rodriguez (JPF) David C. Byrne and Taralyn Treat Harris received 0 votes (WRl) Andrew Charles Coniglio and John Willian) received 0 votes Walsh(WRI) Richa:d Duncan and Ricky Johnson (WRl) received 3 votes Stephen G. Durham and Christina Lopez (WRl) received 0 votes Erin Kent Magee and William Thomas Harney ·received 0 votes (WRl) Jill Re'ed and Tom Cary (WRI) · received 14 votes ! 1/16/2012 09:0~:13 PM 517 *** Official * ** OF CANVASSING .... "-',...._.~ MIAMI-DADE COUNTY For United States Senator, the whole number of votes cast was 827,969 of which number ' ,.--· Connie Mack (REP) received 292,7$7 votes Bill Nelson (DEM) received 523.461 votes Bill Gaylor (NPA) re·ceived 5,560 votes Chris Borgia (NPA) . .·received 6,180 votes Piotr Blass (WRl) received 2votes Naomi Craine (WRI) received 2 votes Lionel Long (WRl) received· 0 votes Robert Monroe (WRI) received 7 votes Lawrence Sidney Scott (WRl) received 0 votes For Representative in Congress, District 23, the whole number of votes cast was 59,043 of which number Karen Harrington (REP) received 20.984 vqtes Debbie Wasserman Schultz (DEM) Hya Katz (NPA) received 37,162 votes received 897 votes For Representative in Congress, District 25, the whole number of votes cast was 115,266 of which numb~r Mario Diaz-Balart (REP) VoteForEddie.Com (NPA) Stanley Blumenthal (NPA) received received 88,982 votes 10,671 votes received 15,613 votes For Representative in Congress,. District 26, the whole number of votes cast was 215,961 of which number · · David Rivera (REP) received 93,0.59 votes Joe Garcia (DEM) received 116,014 votes · Jose Peixoto (i~PA) Angel Fernandez (NPA) received received 1,705 votes 5,183 votes For.Representative in Congress, District 27, the whole number of votes cast was 230,]71 ofwhich number. Ileana Ros7Lehtinen (REP) received 138.488 votes Manny Yevancey (OEM) received 85,020 votes Thomas Joe Cruz-Wiggins (NPA) received 6,663 votes ll/16/2012 09:03:13 PM 518 '' '. *** CANVASSING BOARD MIAMI-DADE COUNTY i For State Attorney, 11th Judicial Circuit, the whole number of votes cast was 683,392 of which number Katherine Fernandez Rundle (DEM) Omar Malone (WRI) Michele Samaroo (WRI) received 683,276 votes· received received 6.5 votes 51 votes For State Senator, District 35, the whole number of votes cast was 167,038 ofwhich number · John Daniel Couriel (REP) received 63,929 votes· Gwen Margoiis (OEM) received 103,109 votes For State Senator, District 39, the whole number of votes .cast was 93,479 of which number Scott Hopes (REP) Dwight Bullard (OEM) received 1 5,519 votes received 77,960 votes For State Representative, District 102, the whole number of votes cast was 30,250 of which number · · Sharon Pritchett (DEM) received 30,250 votes Alejandro Manuel Walters (WRI) received .O.votes For State Representative, District 103,-the whole number of votes cast was 24,686 of which number · Manny Diaz, Jr. 'Josue Vazquez (WRI) . received 24,678 votes received 8 votes , For State Representative, District 105, the whole number of votes cast was 16,068 ofwhichnumber Carlos Trujillo (REP) receiv~d 16,047 votes Raul Rene Robayna (WRI) received 21 votes For State Representative, District 107, the whole number of votes cast was 46,720 of which number '• Barbara Watson {DEM) Janice Denise Rhymes (WRI) Vickie Renee Williams (WRl) . lt!16/2012 09:03:13 PM 519 received received received 3 46,720 votes . 0 votes 0 votes *** Official *** • • -'1 , i -1 •A• 1,. •, J' ' CERTIFICATE OF COUNTY MIAMI-DADE COUNTY For State Representative, District 110, the whple number of votes cast was 29,,069 of which number Jose Oliva (REP) 29,055 votes Angel E. Morera (WRI) received ] 4 votes For State Representative, District U 1, the whole number of votes cast was 26,041 of which number . . _-Eddy Gonzalez (REP) . received 26,034 votes Grettel Limia (WRI) received 3 votes · Li~ette B. Rodriguez (WRI) received 4.votes For State Representative, District 1 the whole number ofvotes cast was 52,248 of which number . . ~lex Diaz de la Portilla (REP) received . 24,195 votes Jose Javier Rodriguez (DEM) received 28,053 votes For State Representative, District 114, the whole number.ofvcites cast was 60,281 of which number Erik Fresen (REP) received · 30,842 votes Ross Hancock (DEM) receiveq 29,439 votes Fqr State Representative, District liS,. the whole number ofvotes cast was 62;284 of which number Michael Bileca (REP) Jeffrey (Doc) Solomon (DEM) · received · 32,782 votes , received , 29,502 votes For State Representative, District 116, the whole number ofvotes cast was 41,352 of which number · Jose Felix Diaz (REP) Javier Daire (WRl) . ' ' Maria Elisa Mena (WRI) , ; . received 4'1 ,341 votes received 3 votes received 8 votes For State R~presentative, District 117, the whole number of votes cast was 36,332 of which number Kionne L. McGhee (DEM) Xzavia S. Vaz (WRI) l !IJ6/20l2 09;03:13 PM 520 n;:ceived 36,332 votes received · 0 votes ... ., ... . ·, '' . . . . *** Official · , · CERTIFICA/r.t·oJ#. COUNTY·<::ANVASSI'NG BOARD. . ' MIAl'\'Il~DADE COUNTY ' ~ < '~ ,' ., ' State Repres.eriiativ~, District us, the whqle . . . ~. . 35,759 ~f.~hlch number ; .·.:· '.' . "' · ·Frank A,rtiles(REP) ·'' .. '' F.or State Representative, District 1 was 3.~,094.ofwhichnu~ber. < : · Jeanette M. Nunez (REP) 'B~~trice Qria (WRI) '' ... 35/733 :votes. 26 votes cast,:. . ..·~ta~e Re~:-eseQ;atlve,D\stri~t: tio, the who!~. n~~b~r.{)fyotes. ca~t was 22,0S1fofwhlch number · . · . . . . · .. . . .. Holly .¥errili Raschein (REP). · . Ian Whttn6y (J:?EM) . r:eceiv<fd . · 9,832 votes· received ·12;:222 votes ·that .pursuant to ·section· i02.1 'Statues;. the board has corripated the number of who voted number o.f ballois,~ounted. 'the '-'1"~·1 UUvQl.LUU includes all votes cast in the election . . , .. . '1 '.: l1/!6/70!Z09:q3·13'?M 521 '. ' . .. ., ' <\ *** Official *** CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY We, ·the undersigned, SHELLEY J. KRA VlTZ, County Judge, Chairperson, PENELOPE; TOWNSLEY, Supervisor of Elections, Member, ANDREW S. HAGUE, County Judge, Substitute Member, . constitutiti.g the Board of County Canvassers in and for said County, do hereby certifY that' we met on the Sixteenth day of November, 2012 A.D., and proceeded publicly to canvass the votes given for the several offices and "persons herein specified at the Nonpartisan Election held on the Sixth day ofNovember, 2012 A.D., as shown by the returns on file in the office of the Supervisor ·of Elections, We do hereby certify from-said returns as follows: Retention of Justice R. Fred Lewis of the Supreme Court Yes 523,664 votes No 189,779 votes Retention of Justice Barbara J. Pariente of the Supreme Court Yes 527,881 votes No 183,197 votes Retention of lt,~stice Peggy A. Quince of the Supreme Court Yes 520,935 votes No 185,951 votes Retention of Judge Angel A. Cortinas of the Third District Court of Appeal Yes 531,714 votes No 154,418 votes .. Retention of Judge Kevin Emas of the Third District Court of Appeal Yes 506,408 votes No .167,227 votes Retention of Judge Ivan F. Fernandez of the Third District Court of Appeal Retention of Judge Appeal 11/16/20·1209:03:13 1'/14 Yes 527,380 votes No 152,776 votes B. Rothenberg of the Third Dis~rict Court of 522 Yes 513,659 votes No 162,609 votes *** Official *** OF. COUNTY MIAMI-DADE BOARD Retention of Judge Richard J. Suar~z of the Third District CoUrt of Appeal Yes 522,!76 votes No 151,805 votes For County Court Judge, Group 24, the whole number of votes cast was 181 ofwhich number Greer Elaine Wallace Andrea R. Wolison 257,305 votes received 299,876 votes For County Commissioner, District 3, the whole number cast was 51,437 o.fwhich number Audrey M. Edmonson received 32,003 votes Keon Hardemon received 19,434 votes · For County Commissioner, District 5, the whole number of votes cast was 41,721 of which number · Bruno A. Barreiro Luis Garcia received 2i,68.l votes received 20,040 votes For County Commissioner, District 11, the whole number of votes cast was 53,102 of which number Manny Machado Juan C. Zapata received 2~,182 votes received 28,920 votes For AVENTURA: COMMISSIONER-SEAT 1, the whole number of votes cast was 8,829 of which number Teri Holzberg received 6,713 votes Sergio Vuguin received 16 votes For A VENTURA: COMMISSIONER-SEAT 3, the whole numbet of votes cast was 8,861 ofwhich number Rosa Naccarato Howard Weinberg 11/1612012 09:03:13 PM 523 received received 2 2,792 votes 6,069 votes I I I . . *~* qfncia.l"*** i OF COUNTY CANVASSING 1BOARD MIAMI-DADE COUNTY. I . l I For A VENTURA: COMMISSIONER-SEAT 5, the whole number votes cast was 8,869 of which number EnbarCohen Llobregat Gary L Pyott received received received 16 votes 658 votes 2,695 votes For CUTLER BAY: VICE MAYOR, the whole number of votes cast was 11,797 of which number Ernest N Sochin Ed Wolmers For DORAL: MAYOR 11,213 of which number Frank Bolanos Luigi Boria Pete Cabrera received received 8,278 votes 3,51 9.votes the whole number of votes cast was received received received 3,330 votes 4,~26 votes 3,257 votes For DORAL: COUNCILMEMBER-SEAT l, the whole number of votes cast was IO, 138 ofwh.ich number Elena Ortega-T1mler Carlos Ruiz Sandra Ruiz received received received 3,896 1,305 votes 4,937 votes For DORAL: COUNCILMEMBER-SEAT 2, the whole. number of votes cast was 9,465 of which number Bettina Rodriguez Aguilera receivea 4, 786 votes Clemente Vera received 4,679 Votes For DORAL: COUNCILMEMBER-SEAT 3, the whole number of votes cast was 10,184 of which number Christi received 4,599. votes Bibiana Salmon Robert Van Name received received 2,245 votes 3,340 votes For EL PORTAL: MAYOR, the whole number of votes cast was 1,072 of which number Daisy M. Black Joyce A. Davis Teresa Sanchez ll/!6/2012 09:03:13 PM 524 received received received. 3 573 votes 190 _votes 309 votes '~' ,, " ' ***Official CERTIFICATE OF COUNTY MIAMI-DADE COUNTY For KEY BrSCA YNE: VILLAGE COPNCIL, the whole number of votes cast was 10,138 of which numb4r · · , Theodore J. Holloway received 1,692 votes Michael E. Kelly Patrick C. Kelly Ed London Ed Meyer. Carlos J. Santamaria Charles Viscito ·received received received received received received · _2,262 votes 1,428 votes 2,099 yates 566 votes 722 votes ' .. 1~369 ;votes For MEDLEY: MAYOR, the whole number of~otes cast was 436 of which number · Roberto Martell Gerardo Silva, Jr. receLved received · 384'votes 52 votes For .MEDLEY: COUNCIL MEMBER 1, the whole number of votes cast was 676 of which numb'er Griselia DiGiacomo receiyed 224votes Susana Guasch received 214 votes Elisabeth Silva received 42 votes Eric M. Smith ·received 52 votes Mary Tanner received· 144 votes . For MEDLEY: COUNCIL MEMBER 2, the whole number of vot~s cast · was 424 of which number Edgar Ayala received · 113 votes Carlos A. Benedetto received ·17 votes Dale Blank received 94 votes Margarita De Jesus received 35 votes Olga G. Quin received 69 votes· · Fidel.B. Ugarte received 99 votes For MIAMI .GARDENS: RES. AREA COUNC. MEM. SEAT 3, the wh.ol~ number ofvotes cast was 9,956 of which number Rodney Harris Ulysses "Buck" Harvard received received 5,299 votes 4,657 votes For MIAMI LAKES: MAYOR, the whole number of votes cast was 12,338 of which number Michael Pizzi Wayne Sh~to~ llfl6120 l2 09:03:13 PM 525 received 8,43l votes received . 3,907 votes 4 . *'!<* Official *** CERTIFICATE f:OUNTY CANVASSING BOARD. MIAMI-DADE COUNTY For MIAMI LAKES: RES. COUNC. MEM. SEAT 1, the. whole number ofvotes cas.twas 10,909 of which number Dave "Doc" Bennett Nelson Rodriguez received received votes 6,538 votes For MIAMI LAKES: RES. COUNC. MEM. SEAT 3, the whole number of votes cast was·l1, I 91 of which number Anthony ~·tony" Lama · Richard Pulido received received 6,234 votes 4,957 votes For MIAMI LAKES: RES. COUNC. MEM. S.EAT 5, the whole number of votes cast was 11,005 of which number ' Manny Cid received 5,720 votes Mary Collins received . 5,285 yotes For NORTH 'BAY VILLAGE: TREASURE ISL. COMMISS., the whol~ number of votes cast was 1,486 of which number Stuart Blumberg.· Wendy Duvall received received 542votes 944 votes For NORTH BAY VILLAGE: AT-LARGE COMMISSIONER, the whoie number of votes cast was 1,404 of which number Mario Garcia ... Jorge Gonzalez received received 723 votes 681 votes For OPA LOCKA: COMMISSIONERS, the whole number ofvotes cast was 6,286 ofwhich number Andre FaUt?tin received 248 votes Deborah Sheffield Irby . received 821 votes Joseph L. Kelley received 1,426 votes Gail E. Miller received 613 votes Terence K ... Pinder received 1,004 vptes john Riley received 375 votes Luis B Sant~ago.· received 1,051 votes. Tydus received 748 votes l Vl612012 09:03:l3l'M s 526 *** Official *** CERTIFICATE OF COUNTY CANVASSING BOARD ' MIAMI-DADE COUNTY . For PALMETTO BAY: VICE -MAYOR, the whole number of votes cast was 10,508 of which number Karyn Cunningham John Edward Du1;3ois Brian W. Pariser . received . 3,200 votes received 3,679 votes received 3,629.vote~i For PALMETTO BAY: COUNCIL MEMBER-SEAT 2, the whole number of votes cast was ·9 ,978 of which number Jiffi Araiza Tim Schaffer· · Howard J. Tendrich received received received 3,620 votes votes 2,681 votes For PINECREST: COUNCILMEMBER-SEAT l, the whole n1,1mber of votes was 7,720 of which number Germaine Katherine Butler Bob Ross Jennifer Wollmann received' 877 votes received 4,281 votes received 2,562 votes For PINECREST: COUNCILMEMBER-SEAT 3, the whole number of votes·cast was of which number Robert A. "Bob" Hingston James E. McDonald received received 3,548 votes 3,685 votes For SUNNY ISLES BEACH: RES. AREA COMM.-SEAT 3, the whole number of.votes cast was 4,211 ohvhich number · Busch received 1,831 votes George "Bud" Scholl received 2,380 votes . . For Caribe Palm Community Deyelopment Di::.irict, Seat 3, the whole number ofvotes was 166 of which number Natalie Cedeno Ana Hernandez received received 82 votes 84 votes· For South Dade Venture Community Development District, Seat 1, the whole number of votes cast was ofwhich number · Curtis Cooper Maycol Enriquez llll6/20l2 09:03: l3 PM 527 received received 6 756 votes 671 votes '"' ,.' ':.;;:, '' '· . ' ~ ,: , ' '~ ' ,,'' > '~ •; . ' **!"·Offic-ial *** CERTIFICATE 'OF COUNTY CANVASSING BOARD . . .. . .. MifU\U~DAmi COUNTY .' . • . • • . . -, . I ~ '" " . • For South Dade Venture Commu·pity Pevelopn'ient District; Seat . ·number ofyotes cas_t;\VaS 1,~62 ofwi:Jlc_h number .... -~sonia . . ·· . Maykel:Jitneri~ ·. receiv~d. received 7.65 votes' s97.,votes · · For ·Soutil))ade ;VentUre Conu:i:luruty De~~loprrient District, Seaf 5;the · . :whole number' of votes cast was 1;368 of which nuuiber '.·. .. . ... '.- •• l ' . '' ' . '. . ' •• • ··we :certify· ·ti1<ti pt{.rSuant ·t9 -Section w2.1 ·.canvassing board has compared i:he·in.tP1ber . the\ number ofbidlots counted and that the , . 'V<)te~~cait ill "tlie eleCtion~ . · · , ·v: ,; ll/1612012 09:03: l3.PM 528 received received . 645 vo.tes. . . :723 ··. 7 i' .. YES NO YES NO# YES NO YES NO YES NO· YES NO "** Official *** · OF COUNtY. CANVASSING BOARD MIAMI-DADE COUNTY !,056 vote3 2, 770 . votes :MIAMI BEACH: CLERK AS CHARTER OFFICE REDUCTION OF . . 13,897 9,714 POWER 14,125 8,922 MIAMI BEACH: FILING PERIOD QUAL. PETITIONS MIAMI BEACH:. LIMITED WAIVER OF 12,490 9,045 FEE votes votes votes votes votes votes 12,168 votes 9,162 votes NORTH BAY VILLAGE: CHANGING VILLAGE NAME 1,232 679 .NORTH BAY VILLAGE: CORP. LIMITS OF THE CITY 1.!57 630 votes· votes votes votes . NORTHBAY REM CLERK YES NO YES NO ··.YES NO YES NO 1,156 510 NORTH BAY VILLAGE: LIMIT. ACQ. REAL PROP 1,065 594 NORTH BAY Y!LLAGE: MAYOR & COMM COI\'IPENS 1,166 568 NORTH BAY VILLAGE: .2 YR COMPEN. PROHID .. 1,134 595 11/li.i/'201209:03:l31'M 529 votes votes votes votes votes votes votes votes r , <H*Official "'** CERTIFICATE OF COUNTY CANVASSING BO~UID MIAMI-DADE COUNTY NORTH BAY VILLAGE: CITY MGR OUTSIDE EMPLOY. YES NO 1,247 453 votes votes NORTH BAY VILLAGE: EXP ANTI NEPOTISM POLICY .. YES NO YES NO NORTH 1,235 'votes 504 votes VILLAGE: VAC., li~TER. VICE MAYOR 1,343 371 votes votes . NORTH BAY VILLAGEi FILLING COMM. VACANCY YES NO YES NQ. YES NO YES NO YES NO YES NO 1,248 416 NORTH BAY VILLAGE: EMERGENCY ORDINANCES .,, ' 1,!81 516 votes votes vote.s votes BAY VILLAGE: ORDINANCES & RESOLUTIONS NORTH BAY 1,202 485 REQUIREMENTS 1,444 343 NORTH BAY VILLAGE: NOMINATION FOR OFFICE 1,130 561 NORTH BAY VILLAGE: FILING FEES 937 782 NORTH BAY VILLAGE: EMP; POLITICAL ACTIVITY 1,094 604 NORTH BAY VILLAGE: FINAL BUDGET MEETING votes votes votes votes votes votes votes votes votes votes llll6/2012 09:03:13 PM I! 530 ' YES NO YES NO .. YES NO YES NO YES , NO *** Official *"' * CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY 785 votes 870 ,; votes NORTH BAY BONDS OF OFRS AND EMP,. 1,305 345 NORTH BAY VILLAGE: OATH OF EMPLOYMENT 1,475 231 .NORTH BAY VILLAGE: ZONING REGS, MAPS:, 1,271 372 NORTH BAY VILLAGE: CHARTER VIOLATIONS 1,420 233 votes votes votes votes votes votes votes votes OPA-LOCKA: UPDATED CHRTR CLERKS OFF. YES NO ,, YES NO 2,565 1,45! PALMETTO BAY: NEIGHBORHOOD PROTECTION. 7,092 3,6,81 votes votes votes votes PALMETTO BAY: NONPARTISAN ELECTIONS-DEFINED YES NO 6,208 3,770 votes votes, PALMETTO BAY: NONPARTISAN ELECTIONS-ENFORC. YES 6,039 votes NO 3,380 votes PALMETTO BAY: CHANGING TERM LIMITS 5,122 votes NO 5.()41 votes PALMETTO BAY: INTERAC.T. WITH ADMINISTRATION YES NO 11/16/2012 09:03:13 PM 531 4,598 4,918 12 votes votes ' . YES NO YES NO *"* OfficiaJ **" CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY 6,544 . votes 3,432 · votes PALIV!ETTO BAY: TWO YEAR PROHIBITION 6,319 3,746 votes votes PALMETTO BAY: REQ. CANDIDATES RUN INDEPEND. YES NO YES NO YES NO YES NO 6,907 3,154 PALMETTO BAY: FILLING OF VACANCIES 4,413 5,445 PALMETTO BAY: ANNEXATION PROCESS 6,893 2,853 votes votes votes votes votes votes PALMETTO BAY: CHARTER REVISION COMMISSION 5,469 ' votes 4,142 votes PALMETTO BAY: TECHNICAL & STYLISTIC AMNDMTS YES 6,645 votes NO 2,896 votes PINECREST: COMMENCEMENT OF TERMS YES 6,757 votes NO 1,854 votes PINECREST: BUDGET REPORT YES 6,717 votes NO 1,998 votes PINECREST: LEASES YES 5,253 votes NO 3,193 votes ,, SURFSIDE: PREAMBLE & CITIZEN BILL OF RIGHTS lllt6120l2 09:03:13 PM 13 532 ' ,· YES . }'Jo . . . :*!'* Offic'iat*** . CERTIFICATE oF:coUNTY CANVASSING 'BOARD MIAMI-DADE ·cOUNTY . 50:5. SURFSIDii:'~ATORYCH~R'VER REVIEW 1;33.3, • 62~ . SU~SUJE: GEN. J'O~ERS; RESTRICTION ON:DEV.- 11otes v.otes votes votes · · votes·. Certify that· pursuant to Scction.:l02Jl2, Florida}itatues, the canv~sillg board haS, compared the number of person~ '.Yho vote<! ')Yilh the ~umber bf ballots counted '. .and that the cert!fication ·includes valid yotescast hi the ' ',;< 111161201209:03:13 PM )4 533 OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: FROM: DATE: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION INTERIM CITY MANAGER KATHIE BROOKS JOSE SMITH CITY ATTORN l SUBJECT: RESOLUTION RATIFYING AND CONFIRMING THE APPOINTMENT OF RAFAEL E. GRANADO AS CITY CLERK The above referenced Resolution is submitted for consideration by the Mayor and City Commission in order to ratify and confirm the appointment of Rafael E. Granado as the City Clerk for the City of Miami Beach, Florida. On April 11, 2012, the City Commission confirmed the appointment of Mr. Granado as City Clerk pursuant to the then-existing Article IV, Section 4.02 of the Miami Beach Charter, which previously provided that the City Manager appointed department directors subject to the consent of the City Commission. Due to the approval of the November 6, 2012 ballot question establishing the City Clerk as a Charter Officer, the City Clerk is subject to appointment by the City Commission, therefore, the above resolution will ratify and confirm the appointment of Mr. Granado as City Clerk under the new City Charter language. F:\ATTO\TURN\COMMMEMO\resolution ratifying city clerk.doc 534 Agenda Item R 7 G- Date /2--/ 'L-1 L RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH RATIFYING AND CONFIRMING THE APPOINTMENT OF RAFAEL E. GRANADO AS THE CITY CLERK FOR THE CITY OF MIAMI BEACH, FLORIDA. WHEREAS, on April 11, 2012, the Mayor and City Commission passed and adopted Resolution No. 2012-27893 consenting to and confirming the appointment of Rafael E. Granado as the City Clerk following an extensive vetting process conducted by the City Administration; and WHEREAS, Commission confirmation of the City Clerk was required pursuant to then-existing Article IV, Section 4.02 of the City of Miami Beach Charter, which provided that the City Manager's appointment of Department Directors was subject to the consent of the City Commission; and WHEREAS, since the passage of Resolution No. 2012-27893, the Miami Beach City Charter has been amended to provide that the City Commission shall serve as the sole appointing authority of the City Clerk 1 ; and WHEREAS, at its November 14, 2012 Committee of the Whole Meeting, the Mayor and City Commission discussed implementation of the subject Charter amendment, during which discussion the issue of the desire, if any, to recruit a new City Clerk arose, with a consensus reached that Mr. Granado would remain as the City Clerk without further recruitment; and WHEREAS, the Mayor and the City Commission wish to formally ratify and confirm the appointment of Rafael E. Granado as the City Clerk for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby ratify and confirm 1 The City of Miami Beach Special Election held on November 6, 2012 resulted in the passage of several ballot measures, including amendment of the City Charter to establish the City Clerk as a Charter Officer, subject to appointment and removal by the City Commission, and deleting the City Manager's appointment and supervisory powers over the City Clerk. 535 the appointment of Rafael Florida. as the City Clerk for the City of Beach, and 12th day of December RAFAEL GRANADO, CITY CLERK F:IATTO\TURN\RESOS\Reso Ratifying Appt City Clerk.docx 536 MATTI HERRERA BOWER, MAYOR APPROVED FORM & LANGUAGE &FOR CUTION jL.~Lf -r:~ Date THIS PAGE INTENTIONALLY LEFT BLANK 537 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving Special Event Permit No. 201377 for WMC DJ MAG, produced by Jonathan Cowan Productions, LLC, from March 20, 2013 to March 24, 2013, as well as load-in and load-out. Key Intended Outcome Supported: · Beach as a Brand Destination 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 critical of the City's ability to manage special events, as 48% gave the City fair or poor evaluations. Item Summary/Recommendation: As you know, at the November 14, 2012 City Commission meeting an item was presented to consider a special event permit application for a WMC DJ Mag event produced by Jonathan Cowan Productions, LLC, from March 20, 2013 -March 24, 2013, including load-in and load-out. The City Commission had extensive discussion regarding the request, but consensus was not reached and the resolution was not approved. However, the Commission directed the Administration to do the following: • Host a well advertised community meeting. • Administration to work with the promoter to reduce the occupancy to 1 ,200 people. • Work to possibly reduce the number of event days. • Promoter to work with a sound engineer to address noise concerns. • Administration to further work with promoter to determine if the City can handle the event. • Promoter and Administration to work together to bring back an amended request to the December 12, 2012 City Commission meeting. The City has had an administrative policy in place for numerous years whereby 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's Special Event Requirements and Guidelines, along with the aforementioned proposed amendment to the City's administrative policy regarding events during high impact periods such as March were considered by the City Commission at its October 24, 2012 meeting. After much discussion, the City Commission adopted Resolution No. 2012-2842 approving the proposed amendments to the City's Special Event Requirements and Guidelines, including the amendment to the administrative policy with the condition that any new events considered for approval under this revised policy must be approved by a majority of the City Commission via Resolution. Mr. Cowan submitted a revised proposal on November 27, 2012 reducing the proposed occupancy to 2,500 persons from 3,500. The City Administration met with Mr. Cowan several times to review the proposal in more detail. As requested by the City Commission, on November 29, 2012, the Administration hosted a community meeting to specifically discuss Mr. Cowan's special event request. There was general consensus from those in attendance that five (5) days of twelve (12) hour event each day was too great of an impact on the area and felt it would impact City services. It should be noted that the promoter also presented the details of the proposed event to the community at the City's regularly scheduled monthly special event community review meeting on November 8. On December 3, 2012, the Police, Fire, and Sanitation departments, as well as special event staff met with Mr. Cowan to determine resource requirements. The proposed event is larger and of longer duration than what was approved in prior years for private property. As such, supporting this event would require more resources than was previously provided and the City's resources are already strained during this time period. Based on the aforementioned stated criteria the Administration recommends against approval of Special Event Permit No. 201377 for WMC DJ MAG as submitted by Jonathan Cowan Productions, LLC. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: artment Director MAS Amount N/A MIAMI BEACH 538 Account Interim Cit KGB AGENDA ITEM -+!1..._1....<.....<.-JH.._ DATE ll: I Z.-1 2- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SPECIAL EVENT PERMIT NO. 201377 FOR WMC OJ MAG, PRODUCED BY JONATHAN COWAN PRODUCTIONS, LLC, FROM MARCH 20, 2013 TO MARCH 24, 2013, AS WELL AS LOAD-IN AND LOAD-OUT. ADMINISTRATION RECOMMENDATION KEY INTENDED OUTCOME Maximize Miami Beach as a Destination Brand BACKGROUND As you know, at the November 14, 2012 City Commission meeting an item was presented to consider a special event permit application for a WMC OJ Mag event produced by Jonathan Cowan Productions, LLC, from March 20, 2013-March 24, 2013, including load-in and load-out. The City Commission had extensive discussion regarding the request, but consensus was not reached and the resolution was not approved. However, the Commission directed the Administration to do the following: 1. Host a well advertised community meeting. 2. Administration to work with the promoter to reduce the occupancy to 1 ,200 people. 3. Work to possibly reduce the number of event days. 4. Promoter to work with a sound engineer to address noise concerns. 5. Administration to further work with promoter to determine if the City can handle the event. 6. Promoter and Administration to work together to bring back an amended request to the December 12, 2012 City Commission meeting. The City has had an administrative policy in place for numerous years whereby 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, the City received a request from Mr. Jonathan Cowan to host his event on public beach as he has outgrown the hotel pool at the Shelborne, and, additionally cannot use the location in the future do 539 Page 2 of4 December 12, 2012 City Commission Meeting Special Events Permit No. 201377-Jonathan Cowan Productions, LLC to a change in the management structure ofthe hotel. Considering that his event has been successfully held on private property for more than eight (8) years and the potential of losing the event exists, including the revenue generated and marketing exposure, the item was scheduled for discussion at the Neighborhood and Community Affairs Committee on October 15, 2012, as this policy had been discussed by the NCAC previously on several occasions, most recently in January 2012. 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, additional criteria were presented for consideration when reviewing these types of requests. The NCAC discussed the subject and recommended the following criteria be considered by the Administration when reviewing such requests: 1. 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. 2. Such applications would be considered on a first-come, first-serve basis, until such resources are no longer able to be reserved. 3. The event could not occur concurrently on both private and public property. 4. 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. 5. 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. 6. 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. 7. The City will also consider the availability of these needed resources including time, people, money and equipment. 8. City services required for the event can be reasonably made available at the time of the proposed event. The City's Special Event Requirements and Guidelines, along with the aforementioned proposed amendment to the City's administrative policy regarding events during high impact periods such as March were considered by the City Commission at its October 24, 2012 meeting. After much discussion, the City Commission adopted Resolution No. 2012-2842 approving the proposed amendments to the City's Special Event Requirements and Guidelines, including the amendment to the administrative policy with the condition that any new events considered for approval under this revised policy must be approved by a majority of the City Commission via Resolution. ANALYSIS Mr. Cowan submitted a revised proposal on November 27, 2012 reducing the proposed occupancy to 2,500 persons from 3,500. The City Administration met with Mr. Cowan several times to review the proposal in more detail. As requested by the City Commission, on November 29, 2012, the Administration hosted a community meeting to specifically discuss Mr. Cowan's special event request. Jo Manning, Frank and Marianne Del Vecchio and George Cozonis attended the meeting in addition to City staff. Mr. Cozonis is both a City resident and the General Manager of the W Hotel. There was general consensus from those in attendance that five (5) days of twelve (12) hour event each day was too great of an impact on the area 540 Page 3 of4 December 12, 2012 City Commission Meeting Special Events Permit No. 201377-Jonathan Cowan Productions, LLC and felt it would impact City services. Additionally, Mr Cozonis expressed concern that the event is not compatible with the luxury hotels in the area (W Hotel and Setai) and further stated that the potential to impact hotels was increased to the length (number of days) of the event. Mr. Cozonis and the promoter agreed to subsequently meet to discuss his concerns further. It should be noted that the promoter also presented the details of the proposed event to the community at the City's regularly scheduled monthly special event community review meeting on November 8. The event was reviewed and initial approval was provided by the community to continue the process, but with the need to return to the special event community review meeting for final approval with details relevant to talent, a detailed production schedule and city resources could be provided. On December 3, 2012, the Police, Fire, and Sanitation departments, as well as special event staff met with Mr. Cowan to determine resource requirements. Fire Based on required staffing levels for this event, the Fire Department will need to double the event staffing from last year and add one (1) Command Coordinator, (1) ALS three (3) person triage unit, two (2) three (3) personALS Rescue Units and have two (2) fire marshals and two (2) firefighters. In prior years the Fire Department has had difficulty filling the number of off-duty requests during this period of time. Therefore, if required to staff this event there would not be sufficient number of fire personnel to staff other events during that time. The Fire Department requires off-duty fire personnel at all hotels that have 800 person occupancy or greater. In order to provide sufficient staffing for events, the Fire Department may need to consider using civilian personnel or request assistance from another jurisdiction to support off-duty requests. However, this has not been done in the past. Police The Police Department has indicated that they could not staff this event, as well as all other off-duty requests during this time period. The Police Department believes the proposed event has the potential to cause a negative effect on normal service delivery to the community. Based on last year's number of off-duty and overtime staffing needs during Winter Music Conference, the department provided Total off duty hours 2,500 for that week and 4,778 of overtime. This is equivalent of having an additional182 police officers working 40 hours, with the City's regular force being 372 officers. Adding this event would require another 2,000 hours minimum for the 5 day event, the equivalent of 50 officers working 40 hours. Additionally, the Hialeah Police Department is not currently providing officers to work off-duty because they have concerns with exposure to liability for the City of Hialeah. During this time period many of the off-duty requests are filled by Hialeah and other outside jurisdictions because the City of Miami Beach officers are working enhanced assignments and we do not have enough officers who volunteer to work off-duty. At this time, there is no way to know if there will be sufficient mutual aid to fill in where needed for this and other uses. That said, the Police Department would work with the promoter's security team to determine adequate staffing levels if this event were approved. Further, for such an event the Police Department recommends restricting access to a larger area of the beach in order to manage potential crowds and prevent the public from congregating around the event site to hear the music. To that end, the Police Department recommends creating multiple check points to ensure only patrons with tickets are able to get to the event site. Anyone else would not be permitted within close proximity to the site. The specific area would have to be defined as plans are further 541 Page 4 of4 December 12, 2012 City Commission Meeting Special Events Permit No. 201377-Jonathan Cowan Productions, LLC developed. Sanitation The Sanitation Department felt it best to have private sanitation cover the event and allow additional City resources to be deployed throughout the City as the City does each year. RECOMMENDATION In an effort to maintain existing business, the City Commission approved additional criteria to be considered by the Administration when reviewing such requests. Among the criteria approved by the Commission for consideration by the Administration are the following: 1. 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. 2. 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. 3. The City will also consider the availability of these needed resources including time, people, money and equipment. 4. City services required for the event can be reasonably made available at the time of the proposed event. The proposed event is larger and of longer duration than what was approved in prior years for private property. As such, supporting this event would require more resources than was previously provided and the City's resources are already strained during this time period. Based on the aforementioned stated criteria the Administration recommends against approval of Special Event Permit No. 201377 for WMC DJ MAG as submitted by Jonathan Cowan Productions, LLC. KGB/MAS/GW T:\AGENDA\2012\11-14-12\Special Event Permit Jonathan Cowan Productions LLC MEMO.doc 542 SUPPLEMENTAL INFORMATION FOR SPECIAL EVENT PERMIT APPLICATION NO. 201377 GENERAL EVENT INFORMATION Applicant: Jonathan Cowan Productions, LLC Executive Producer: Jonathan Cowan Event Description: The purpose of this special event is to allow Jonathan Cowan Productions, LLC ("Producer") to host its annual Miami Music Week event for 2013, which has been executive produced by Jonathan Cowan for at least the past eight (8) years. Event Location: Portion of the Beach East of Dune on the Hard-Packed Sand, West of the Soft Sand, generally situated between st and 22nd Streets (with use of the area west of the dune for staging production equipment, event and queuing of patrons). Event Dates: Wednesday, March 20, 2013 through Sunday, March 24, Event Times: I 2:00PM through 11 :OOPM Sound Check: I 0:30AM through I 1:45AM Load-In Date: Tuesday, March 19, 2013 (and morning of Wednesday, March, 20, 2013) Load-Out Date: Monday, March 25, 2013 (and evening of Sunday, March 24, 2013) Proposed Occupancy: 2,500 patrons maximum EXECUTIVE SUMMARY WINTER MUSIC CONFERENCE ("WMC") 2013 -DJ MAG ON SOUTH BEACH - PRESENTED BY JONATHAN COW AN PRODUCTIONS LLC This WMC DJ Mag event, formally DJ Mag @the Shelbome, has steadily grown the largest showcase of world's best talent in Electronic Dance Music in the world featured during Winter Music Conference week during March each year. Covered by DJ Mag in languages to over a million readers across the world, the event features artists such as DJ Jeff, Luciano and the Cadenza Vagabundo's and Marco Carola to name a few. Each day consists of a different showcase featuring the best talent from an individual brand, management agency, or record label. This year's 2013 event will move from the poolside at the Shelbome Hotel to the sands ofMiami Beach on st Street. Each day will run from noon to eleven pm and will be sure to bring the best crowds, press and musical artists from across the globe. The following is a sample proposed schedule of events day by day: 543 • Wednesday -DJ Mag featuring artists such as David Guetta, Steve Angelo, Macioplex, Claude Von Stroke, and Way out West; • Thursday-Cadenza Featuring Luciano and Cadenza Vagabundo's; • Friday -Enter featuring Richie Hawtin; • Saturday -Moog Music and Pacha Ibiza feat DJ Jazzy Jeff, Herbie Hancock, Bob Sinclair and Orbital; • Sunday-Music On Featuring Marco Carola. PRODUCTION PLAN AND SCHEDULE This five-day event will require one additional day for load-in/set-up and one additional day for load-out/break-down (beyond the actual five event days), along with the morning of the first day of the event and the evening of the last day of the event. Producer will utilize a temporary roof structure/tent covering approximately 50% of the overall event site on the beach, along with a flooring system and fencing system surrounding the beach portion of the site, delivered and set- up/broken-down by EventStar. sound system components will loaded in by the Producer's sound engineer (Sonic Lab Audio). The phased load-in/set-up will begin at 10:00AM on Tuesday, starting with tenting and flooring, then sound equipment and finally movable and then again at 10:30AM on Wednesday. The load-out/break-down will begin at 12:00AM on Sunday evening and the entire beach and site will be clear by 2:00PM on Monday. The temporary roof structure/tent will be utilized to cover approximately 50% of the event area on the beach east the dune on the hard-packed west of the sand, generally situated between 21st and 22nd Streets, and the area west of the dune will be utilized for staging of production equipment, event staff and queuing of patrons. In addition to the off-duty police and EMT referenced below, the Producer will also contract private security staff sufficient in number to maintain security at all portions of the event site. OFF-DUTY POLICE AND RESCUE/EMT Off-Duty Police: Producer will hire 12 ofT duty police officers for the event utilized in staggered shifts (ie. 8 officers at the start of the event increasing to 12 at the busiest time of the event). In addition, the Producer will hire 1 off duty police officers for the Load-In/Load-Out phase. Rescue/EMT: The Producer will hire 2 Emergency Medical Technicians ("EMT") for the event. SANITATION AND FACILITIES The Producer will contract with a third party sanitation company to clean and maintain the areas in and around the event site. In order to provide sufficient facilities the patrons, the Producer 544 will contract for the placement of portable bathroom facilities on site inside the main event site and within the staging/queuing area. In to ensure each ticket used for entry is genuine, and also to ensure the event does not exceed the legal capacity (2,500 maximum) at any given time and day, all patrons who regardless of whether tickets are pre-purchased online or at the event entrance, will be given a hard, water marked, and numbered, ticket, which will be scanned by professional scanners similar to those used at a pro sporting event or concert. Online ticket sales will be done via the third party company "want tickets" and limited in number online to ensure the event is not oversold, and those sales can monitored both by the event Producer, as well as the City staff, for safeguard, but the ticket amounts allotted for pre-sale will be below the granted legal capacity as deemed by City's Fire Marshall. In addition to the foregoing safeguards, the event private security door staff will be placed at each entry and with manual clickers to ensure validity tickets and control occupancy. 545 U'l ~ 0) NORTH LEGEND OF TRAVEL OCCUPANT LOAD ~ "' "' ~ -------BAR ----(---....., -N I 150'-5' -< \E) I ~ "+ -TRAVElbiSTA?icE --.... , o;JI ~II;;! """ ~:q ml \ \ "fl I BAR SO'-!r VIP BACKSTAGE BAR EM~RGeNCY U\?IE BAR BAR '.@ § ~ u " 0 " 36'.0" EMT GENERATORS STAGING b b "' ~ 0 "' ~ ---------------------'--=:-::-::-----' EXIT ID DOOR WIDTH DOOR CAPACITY ADTUAL USE ----ENRIQUE RENE GONZALEZ, AlA, LEED® AP (305) 975 5597 WWW,GONZALE:Z:ARCH!TECiLJRE.CDM CREATE@GONZALEZARCHITEC:TlJRE.COM 271'-4" WM J MA .JONATHAN COWAN PRODUCTIONS, LLC 54'-4" 0 1S 3~ 9~ 6~ LIFE SAFETY PLAN SCALE: 111 = 301 U'l ~ ....... TOILETS TOILETS OPEN LOT GONZALEZ ARCHITECTURE ENRIQUE RENE GONZALEZ, AlA, LEED® AP (305) 975 5597 WWW,GONZALEZARCHITECTURE.CDM CR EATE@G ONZALEZARCH ITECTU RE, C 0 M !!OAADWALK DUNES -DUNES 80'-9" HIGH Tfl:l< WATER LINE TENTUNE '::1 ;~~:~~N BAR ~ OPEN BEACH TENT LINE eM!: NORTH t,.;•,Jr''olV<-'"'"'' ~ -= = "'"" ~ .. o.A.>--..r ~ --··1·;0~~0" 180' 15' L-1 .JONATHAN COWAN PRODUCTIONS, LLC 120' SITEPLA & SECTIO SCALE: 111 = 501 U'l ~ 00 ENRIQUE RENE GONZALEZ, AlA, LEED® AP (:305) '975 5597 WWWvG ONZALEZAR CH ITECTU R E, COM C R EATE@G ONZA LEZAR C:H ITECTU R E, C 0 M J .JONATHAN COWAN PRODUCTIONS, LLC AERIAL OVERLAY SCALE: l" = l DO' RESOLUTION TO BE SUBMITTED 549 JOSE SMITH, CITY ATTORNEY OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower Members of the City Commission Kathie Brooks, Interim Cit~. ,,/"_,.,.., Jose Smith, City Att(~ne~. December 12, 2012 \::::::: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMEDATION OF THE MARINE AUTHORITY BOARD AT ITS OCTOBER 9, 2012 MEETING FOR THE CITY COMMISSION TO CONSIDER A NO WAKE ZONE ORDINANCE AND REFERRING THE PROPOSED NO WAKE ZONE ORDINANCE TO THE NEIGHBORHOODS AND COMMUNITY AFFAIRS COMMITTEE FOR ITS FURTHER CONSIDERATION. Pursuant to a referral by Commissioner Jorge R. Exposito at the September 12, 2012 City Commission meeting, the matter of a No Wake Zone Ordinance was referred to the Neighborhoods and Community Affairs Committee and the Marine Authority Board. Following consideration of a No Wake Zone Ordinance at the September 12, 2012 Neighborhoods and Community Affairs Committee meeting, the proposed establishment of a No Wake Zone behind Sunset Harbour was unanimously recommended and referred to the Marine Authority Board. At its October 9, 2012 meeting, the Marine Authority Board considered and discussed the prospect of a No Wake or Slow Speed Zone behind Sunset Harbour and unanimously recommended that a No Wake Zone Ordinance relative thereto be submitted to the City Commission for its consideration. Pursuant to Section 2-13(b) of the City Code, the above referenced Resolution is submitted for consideration by the Mayor and the City Commission. The Resolution accepts the recommendation of the Marine Authority Board at its October 9, 2012 meeting for the City Commission to consider a No Wake Zone Ordinance. 550 Agenda Item Rl I Date tz.-t2-l? The Resolution also refers the No Wake Zone Ordinance to the Neighborhoods and Community Affairs Committee for its further consideration as that Committee approved the concept of a No Wake Zone at its September meeting, but it has not considered the specific provisions of the proposed Ordinance. JS/DT/mmd F:\ATTO\TURN\COMMMEMO\Commission memo regarding resolution accepting recommendation of Marine Board re- No Wake Zone.docx 551 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMEDATION OF THE MARINE AUTHORITY BOARD AT ITS OCTOBER 9, 2012 MEETING FOR THE CITY COMMISSION TO CONSIDER A NO WAKE ZONE ORDINANCE AND REFERRING THE PROPOSED NO WAKE ZONE ORDINANCE TO THE NEIGHBORHOODS AND COMMUNITY AFFAIRS COMMITTEE FOR ITS FURTHER CONSIDERATION. WHEREAS, pursuant to a referral by Commissioner Jorge R. Exposito at the September 12, 2012 City Commission meeting, the matter of a No Wake Zone Ordinance was referred to the Neighborhoods and Community Affairs Committee and the Marine Authority Board; and WHEREAS, following a discussion at the September 12, 2012 meeting of the Neighborhoods and Community Affairs Committee, the possible establishment of a No Wake Zone behind Sunset Harbour was unanimously recommended and referred to the Marine Authority Board; and WHEREAS, at its meeting of October 9, 2012, the Marine Authority Board considered and discussed the prospect of a No Wake or Slow Speed zone behind Sunset Harbour due to public safety concerns with regard to the boaters and others engaged in marine activities in and around Sunset Harbour and the Belle Isle bridge; and WHEREAS, at the conclusion of its meeting, the Marine Authority Board unanimously recommended that a No Wake Zone Ordinance be referred to the City Commission for its consideration; and WHEREAS, the Mayor and City Commission of the City of Miami Beach hereby 552 accept the recommendation of the Marine Authority Board to consider a No Wake Zone Ordinance in the area of Sunset Harbor and the Belle Isle Bridge and further refer the consideration of the proposed No Wake Zone Ordinance, attached hereto, to the Neighborhoods and Community Affairs Committee for its further consideration. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the recommendation of the Marine Authority Board to consider a No Wake Zone Ordinance in the area of Sunset Harbour and the Belle Isle Bridge is hereby accepted and the proposed No Wake Zone Ordinance, attached hereto, is referred to the Neighborhoods and Community Affairs Committee for its further consideration. PASSED AND ADOPTED this_ day of December, 2012. ATTEST: Rafael Granado, City Clerk Matti Herrera Bower Mayor APPROVED AS TO FORM & LANGUAGE & EGB EXECUTION i Date F:\ATTO\TURN\RESOS\Marine Authority Board recommendation-No wake Zone.docx 2 553 ORDINANCE NO. ------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE II, TO BE ENTITLED "RESTRICTED WAKE ZONES," TO CREATE REGULATIONS FOR RESTRICTED WAKE ZONES; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTED AREAS; PROVIDING FOR POSTING OF REGULATORY MARKERS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENAL TIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach, Florida is authorized to regulate vessel operations, including the speed and wake of vessels, under Sections 327.46 and 327.60 of the Florida Statutes; and WHEREAS, the City Commission has determined that the unregulated operation of vessels on the waterways in the City of Miami Beach constitutes a potential hazard to the safety and welfare of the citizens of City of Miami Beach; and WHEREAS, vessels used as a means of transportation on water have been declared to be dangerous instrumentalities in the State of Florida, pursuant to 327.32, Florida Statutes; and WHEREAS, boating restricted areas are necessary to avoid safety hazards to persons, property, and marine life resulting from vessels traveling at excessive speeds; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1. That Article II of Chapter 66 of the Miami Beach City Code is hereby amended to provide for restricted wake zones as follows: CHAPTER 66 MARINE STRUCTURES, FACILITIES AND VEHICLES * * * Article II. Reserved Restricted Wake Zones. 554 Sec. 66-41. Reserved Purpose. The purpose of this ordinance is to provide regulations for the safe operation of motorboats and other vessels In or upon the waters within the jurisdiction of the City of Miami Beach consistent with Chapters 125 and 327, Florida Statutes, and Chapters 680-21 and/or 680-23, Florida Administrative Code, and as such Chapters and Codes shall be amended from time to time, Sec. 66-42. Definitions. The following words, terms and phrases, when used in this Article. shall have the meanings ascribed to them in this Article, excegt where the context clearly indicates a different meaning, "Boating~restricted Area" means an area of the waters of the state within which the operation of vessels is subject to specified restrictions or from which vessels are excluded, "Idle Soeed" and "Idle Speed No Wake" indicates a boating restricted area which has been established to protect the safety of the public, The terms may be used interchangeably and mean that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow, "Idle Speed No Wake Zone" means an area of a waterway in which a vessel cannot proceed at a speed greater than that specified by the Idle Speed No Wake definition. "No wake" means that vessel speed which is the minimum required to maintain headway and does not produce a wake. "Regulatory ma.rker" means a device used to alert the mariner to various regulatorv matters such as ~. speed. wake, or entry restrictions in conformity with the Uniform State Waterway Marking System and the United States Aids to Navigation System, Part 62 of Title 33 of the Code of Federal Regulations. "Slow Speed" and "Slow Speed Minimum Wake" indicates a boating restricted area which has been established to protect the safety of the public. The terms may be used interchangeably and mean that a ~ must be fully off plane and completely settled into the water. The vessel must then proceed at a speed which is reasonable and prudent under the prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous conditions which endanger or are likely to endanger other vessels or other persons using the waterway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow. "Slow Speed Minimum Wake Zone" means an area of a waterway in which a vessel cannot proceed at a speed greater than that specified bv the Slow Speed Minimum Wake definition. "Speed Zone" means any area lawfully posted as a slow speed minimum wake area or idle speed no wake area. 2 555 "Vessel" is synonymous with boat as referenced in s. 1 (b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat. other than a seaplane on the water, used or capable of being used as a means of transportation on water. "Vessel wake" means the movement of waves created by the motion of the vessel. It is the track or path that the vessel leaves behind. Vessel operators shall be responsible for their own wake and liable for any damage it may cause. "Wake" means when used in conjunction with a numerical size limit all changes in the vertical height of the water's surface caused by the passage of a vessel including, but not limited to, a vessel's bow wave, stern wake. and propeller wash, measured from the ambient tide level to the crest of the vessel's wake at a distance of not less than 25 feet from the vessel. Section 66-43. Restricted Areas. A. The areas of enforcement of the provisions of this Ordinance shall be all public navigable waters, creeks, lakes, canals and channels, as provided herein, whether natural or manmade, located within the boundaries described below for the purpose necessary to protect the safety of the public as such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards in compliance with Section 327.46, Florida Statutes. B. Idle Speed No Wake zones shall be established at the followinq locations: 12 Within a 500 foot radius around the fuel pump within the Miami Beach Marina located at 300 Alton Road, Miami Beach. FL. .f.} Within a 500 foot radius of the public access boat ramp within the Maurice Gibb Memorial Park. _ill Within a 300 foot radius of the blind corner presented by the northwest corner of the Sunset Harbor Yacht Club Marina whlch obstructs the view between the Biscayne Bay and the channel between the Miami Beach Island and Sunset Island IV. C. Slow Speed Minimum Wake zones shall be established at the following locations: 12 Within a 300 foot radius of the south side of the bridge connecting Belle Isle with Rivo Alto Island . .f.} That portion of Biscayne Bay which lies west of the Sunset Harbor area of Miami Beach. north of the eastern portion of the Venetian Causeway and Belle Isle, extending south from the approximate center of Sunset Island IV, and east of Rivo Alto Island, excluding the shoal bounded by Markers 3, 4. and 5; additionally excluding areas otherwise designated herein. 3 556 Section 66-44. Posting of Regulatory Markers. Implementation of the boating restricted areas is contingent upon rece1vmg all ~pplicable state and/or federal authorizations to insure compliance with Chapter 680-23, Florida Administrative Code and to assist in navigation consistent with the United States Aids to Navigation System. Regulatory markers shall be installed and maintained to alert boaters to the existence and boundaries of the boating restricted areas established herein. AU regulatory markers shall comply with the standards and regulations provided by state law, specified in Chapters 68D- 23.1 08 and 68D-23.1 09. Florida Administrative Code. No person shall be charged with a violation of thls ordinance prior to the posting of regulatory markers as required by this Section. All areas designated as "boating restricted areas'' shaH be so posted with regulatory markers that are in accordance with the provisions of the Florida Fish & Wildlife Conservation Commission's Uniform Waterway Marking System. Section 66-45. Exemptions. The restrictions created by this Ordinance shall not apply to vessels of any federal, state, county or municipal agency while operated by an officer, employee or agent thereof who is engaged in law enforcement or other necessary municipal or governmental activity. Section 66-46. Enforcement and penalties. The provisions of this section may be enforced by the Miami Beach Police Department the Division of Law Enforcement of the Florida Fish and Wildlife Conservation Commission and its officers, and any other authorized law enforcement officer as defined in Section 943,10, Florida Statutes and in accordance with Section 327.70, Florida Statutes. Pursuant to Section 327.73, Florida Statutes. any person cited for a violation of any provision of this Ordinance shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction Is ~50. except as otherwise provided by statute. SECTION 2. SEVERABILITY. If any section, sentence, clause, or word of this section is for any reason declared to be unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions shall not be affected. SECTION 3. REPEALER. Any ordinance, or part thereof, and/or any resolution, or part thereof, which is in conflict with this Ordinance, is hereby repealed to the extent of such conflict. 4 557 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, as amended. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of , 2013, and upon posting of the regulatory markers permitted in accordance with Sections 327.40 and 327.41, Florida Statutes and the provisions in Chapter 68D-23, Florida Administrative Code. PASSED and ADOPTED this ___ day of December, 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Jorge Exposito) Underline denotes additions Strike through denotes deletions F:IATIO\TURNIORDINANC\No Wake Zones-2012.docx 5 558 MATTI HERRERA BOWER MAYOR THIS PAGE INTENTIONALLY LEFT BLANK 559 OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: FROM: DATE: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION INTERIM CITY MANAGER KATHIE BROOKS ~~~\~~~~ y ·~ DECEMBER 12,2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE TO AGGRESSIVELY PROSECUTE THE CRIMINALS THAT ARE PERPETRATING CRIMES IN THE NORMANDY SHORES NEIGHBORHOOD AND REQUESTING THAT CHIEF JUDGE JOEL BROWN OF THE ELEVENTH JUDICIAL CIRCUIT COURT, IN AND FOR MIAMI-DADE COUNTY GIVE DUE CONSIDERATION TO THE ADMINISTRATION OF SUCH MATTERS IN THE INTEREST OF VICTIMS' RIGHTS. Pursuant to the request of Commissioner Jerry Libbin, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the December 12, 2012 commission meeting. DJT/ag/mmd F:\A TIO\TURN\COMMMEMO\Commission memo-NormandyShoresCrimes 2012.doc Agenda Item ~ '1 J Date I 2.r--I 2..:12....- 560 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE TO AGGRESSIVELY PROSECUTE THE CRIMINALS THAT ARE PERPETRATING CRIMES IN THE NORMANDY SHORES NEIGHBORHOOD AND REQUESTING THAT CHIEF JUDGE JOEL BROWN OF THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY GIVE DUE CONSIDERATION TO THE ADMINISTRATION OF SUCH MATTERS IN THE INTEREST OF VICTIMS' RIGHTS. WHEREAS, in recent months, there has been a significant increase in vandalism, break-ins, and violent crimes within the residential areas in the Normandy Shores neighborhood abutting the Normandy Shores Golf Course; and WHEREAS, many of the perpetrators of these crimes are juveniles and other persons who live within the surrounding communities; and WHEREAS, the Miami Beach Police Department has diligently pursued the criminals that have perpetrated those crimes, have made several arrests, prepared the necessary reports, and identified essential witnesses to successfully prosecute the cases by the State Attorney's Office; and WHEREAS, despite the best efforts of the Miami Beach Police Department and the neighboring victims and residents that have invested their time and efforts to assist the police in the prosecution of these criminal matters vexing the North Beach area, the criminal cases relative thereto have been unduly delayed and continued in the courts resulting in unnecessary burdens and delays in the pursuit of justice; and WHEREAS, Defendants in these cases are abusing the court system by seeking unnecessary delays; and WHEREAS, it has come to the attention of the Mayor and City Commission that the victims and witnesses of these crimes have expressed serious concerns about how the criminal justice system is addressing the prosecution of these cases; and WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida, deem it in the utmost public interest that violent criminals that prey upon the City's residents be aggressively prosecuted by the State Attorney's Office and that Chief Judge Joel Brown of the Eleventh Judicial Circuit Court in and for Miami-Dade County give due consideration and attention to the proper and judicious handling of these serious cases in the interest of victims' rights. 561 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that State Attorney Katherine Fernandez Rundle is hereby urged to aggressively and diligently pursue the prosecutions of the violent crimes which have plagued the Normandy Shores residential neighborhood and Chief Judge Joel Brown of the Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida is respectfully requested to give due consideration to the interests of victims and witnesses in the judicious administration of these criminal court matters. PASSED and ADOPTED this_ day of December 2012. ATTEST RAFAEL E. GRANADO, CITY CLERK F:\A TTO\ TU RN\RESOS\NormandyShoresCrimes-2012.docx 2 562 MATTI HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE FOR EXECUTION ~· ) / 12.-5'-12.. Date THIS PAGE INTENTIONALLY LEFT BLANK 563 JOSE SMITH, CITY ATIORNEY OFFICE OF THE CITY ATIORNEY COMMISSION MEMORANDUM TO: CC: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower Members of the City Commission Kathie Brooks, Interim CJ / / Jose Smith, City Attt:e .. ... ,.. __ December 12, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS NOVEMBER 9, 2012 MEETING TO CONSIDER THE ATTACHED ORDINANCE AMENDING THE SALARY RANGES AND PROVIDING FOR SUCH OTHER TERMS, CONDITIONS, AND BENEFITS AS THE CITY COMMISSION MAY DEEM IN THE BEST INTEREST OF THE CITY. Pursuant to Section 2-13(b) of the City Code, the above referenced Resolution is submitted for consideration by the Mayor and the City Commission. The Resolution accepts the recommendation of the Finance and Citywide Projects Committee at its November 9, 2012 meeting with regard to proposed ordinance amendments that address compensation provisions for the City Manager and the City Attorney. JS/DT/mmd F:\ATTO\SMIJ\COMMISSION MEMOS\Commission memo regarding resolution accepting recommendation of FCWPC re-salary ordinance for CM and CA.docx Agenda Item g 7 /,( Date 12. "'IL-IL 564 RESOLUTION NO. __ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS NOVEMBER 9, 2012 MEETING TO CONSIDER THE ATTACHED ORDINANCE AMENDING THE SALARY RANGES AND PROVIDING FOR SUCH OTHER TERMS, CONDITIONS, AND BENEFITS AS THE CITY COMMISSION MAY DEEM IN THE BEST INTEREST OF THE CITY. WHEREAS, at its November 9, 2012 meeting, the Finance and Citywide Projects Committee considered and discussed the matter of the compensation for the City Manager and City Attorney; and WHEREAS, following consideration of various proposals relative thereto, the Committee recommended that the attached Ordinance be forwarded to the Mayor and City Commission for its consideration wherein salary ranges are set forth for the City Manager and City Attorney and provisions are made for the approval of employment agreements with the City Manager and City Attorney by Resolution of the City Commission to provide for such other terms, conditions and benefits as the City Commission may deem in the best interest of the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee to consider the Ordinance attached hereto. PASSED AND ADOPTED this_ day of December, 2012. ATTEST: Rafael Granado, City Clerk Matti Herrera Bower Mayor APPROVED AS TO FORM & LAI~Gl.iAGE F:\ATTO\TURN\RESOS\Accepting Recommendation of Finance and Citywide Projects Committee Salary Or&~XECUTION 565 OPTION "B" (FINANCE COMMITTEE) 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 BY AMENDING THE SALARY RANGES AND ESTABLISHING COMPENSATION PROVISIONS FOR THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to amend the City's Unclassified Employees Salary Ordinance to establish a salary range and benefit provisions for the City 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. That Section 1 of the Unclassified Salary Ordinance No. 1605 (the "Ordinance") is hereby amended as follows: CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges GRADE 26 MINIMUM BIVVEEKLY Determined by the City Commission MAXIMUM BIWEEKLY Determined by the City Commission SECTION 2. That Section 1 of the Ordinance is further amended to create the following new sub-subsection, entitled "Grade, Classifications and Salaries for the City Manager and City Attorney," which will be inserted immediately beneath the first subsection in Section 1 of the Ordinance, which subsection is entitled "Class and Pay Grades, Salaries and Classifications": CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges Grade, Classifications and Compensation for the City Manager and City Attorney *26 CITY MANAGER BASE SALARY/RANGE ~162.916.00 to $263,126.00/yr 566 *26 CITY ATTORNEY BASE SALARY/RANGE $162,916.00 to $263, 126.00/yr *Pursuant to the powers vested in the C!tv Commission under Article II, Section 2.03 of the Citv Charter, the Citv Commission may by Resolution approve an employment agreement wlth, respectively, the Citv Manager and City Attorney, providing for such further terms and conditions including, without !Imitation, such other additional benefits as the City Commission may deem in the best interest of the City. GRADE * * * SECTION 3. REPEALER. MINIMUM BIWEEKLY MAXIMUM BIWEEKLY That 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 prov1s1on of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the ____ day of _____ , 2012. PASSED and ADOPTED this __ day of--------' 2012. Matti Herrera Bower, Mayor ATTEST: Rafael E. Granado, City Clerk J "2..-5-J )_ Date F:\ATTO\SMIJ\ORDINANCES\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEY Option B (Finance Committee).docx 2 567 COMMISSION ITEM SUMMARY Condensed Title: A resolution approving the recommendation of the City Manager to shortlist the top two {2} teams of Portman CMC and South Beach ACE as the shortlisted Proposers to continue on to Phase II of the MBCC RFQ No. 22-11/12; and authorizing the City Manager to negotiate Letters of Intent (LOI's) with the shortlisted Proposers. Key Intended Outcome Supported: Improve Convention Center Facility Supporting Data (Surveys, Environmental Scan, etc.): According to the 2011 Strategic Plan Update, the occupancy rate he Convention Center has been steadily declining since 2006, with FY 11/12 reporting a 54% occupancy rate. Item Summa /Recommendation: The primary objectives of RFQ No. 22-11/12 for the development of the Miami Beach Convention Center District (MBCC) are 1) Improve the MBCC facility, 2) Facilitate the ability of the MBCC to attract high impact events in an Increasingly competitive environment, and 3) Redevelop the surrounding area, including transforming the MBCC District into a vibrant neighborhood, increased outdoor public space, a walkable district providing connectivity between the MBCC, Lincoln Road and the City's historical and cultural district, iconic architecture, incorporation of sustainable (LEED) design principles, with sensitivity to existing area residential neighborhoods particularly with respect to traffic and scale, and optimal economic and community benefits to the City. The minimum requirements are 1) Enhancements to the MBCC (Class A renovation, outdoor function space, and additional meeting space), 2) Development of a headquarter hotel, and 3) Provision of a multipurpose/ballroom space of 60,000 net square feet. RFQ PHASE I -Proposers evaluated based on experience with undertaking comparable urban mixed-use master development projects ofthe magnitude contemplated. Proposers' Lead Architects evaluated on relevant experience in providing design services for comparable urban mixed-use master developments. Shortlisted Proposers would proceed to Phase II of the RFQ. RFQ PHASE II -Shortlisted Proposers will be required to prepare a detailed proposal for the MBCC District that will include, but not limited to, a master plan for the site, project renderings, a breakdown of proposed uses, proposals for enhancing public open spaces, renovation and expansion plan for the convention center facility, proposal for the convention center hotel, a phasing and absorption plan, the financing plan including at minimum a 30-year financial pro forma, a preliminary traffic impact analysis, and any request for public assistance. In addition, should the City Commission give the City Manager authorization, the City Manager, with SAG's assistance, will negotiate Letters of Intent (LOis) with the shortlisted Proposers. The City received eight(8) Qualifications packages, three (3) withdrew their proposals, leaving the following five (5) teams: CConnectMB, Portman CMC, Rida Development Corporation, South Beach ACE, and Turn berry Lincoln Village, LLC. The Evaluation Committee and the City's professional consultant (Strategic Advisory Group) recommended to shortlist the two top-ranked Proposers of Portman CMC and South Beach ACE to proceed to Phase II of the RFQ. The Administration also concurs with this recommendation because 1) two Proposers each will likely dedicate more resources and effort into the Phase II work when each has a 50% chance of success, 2) the community will be able to focus its attention on two (2) Master Plan proposals, and not be burdened with several community meetings and intricacies of multiple Master Plans, and 3) the Administration and its consultant (SAG) can concentrate its negotiations with two Proposers and Its detailed analyses of their proposed Master Plans, PROPOSED PHASE II TIMELINES - Jan -Kick-Off meeting with the Shortlisted Proposers -Walk-through assessment of the Convention Center -Community Meeting for initial public input Feb -Mar -Community Meeting -City Commission Workshop-Revised Preliminary Master Plan -Draft Master Plans and Initial LOI terms to the Administration April -Refined Master Plans and LOI terms to the Administration -Community Meeting for presentation of refined Master Plans May -Commission Workshop-Presentation of proposed Master Plans and LOI terms June 5 -City Manager recommendation of the final Proposer(s) based on the negotiated LOI's and Master Plans -Commission approval of the successful Proposer(s) June-July -Term Sheet negotiations with the Proposer(s) based on substantive terms of the negotiated LOI(s) July -The final negotiated Term Sheet(s) presented to the City Commission for approval July or Sep -City Commission approval of the Term Sheet with the final successful Proposer resented to Ci Commission for a roval MIAMI BEACH 568 KGB AGENDA ITEM _R......_7;._L __ DATE 12. ,..( 'Z..-1 '2. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager ;;{~ • /_.,;?/ DATE: December 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE RECOMMENDATION OF THE CITY MANAGER TO SHORTLIST THE TWO (2) TOP RANKED PROPOSERS OF PORTMAN CMC AND SOUTH BEACH ACE WHICH WILL PROCEED TO PHASE II OF REQUEST FOR QUALIFICATIONS (RFQ) NO. 22-11/12 FOR A PUBLIC-PRIVATE MIXED-USE DEVELOPMENT IN MIAMI BEACH FOR THE ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER CAMPUS/DISTRICT, INCLUDING THE EXPANSION OF THE MIAMI BEACH CONVENTION CENTER AND DEVELOPMENT OF A CONVENTION CENTER HOTEL (THE RFQ); AUTHORIZING THE CITY MANAGER TO NEGOTIATE LETTERS OF INTENT (LOI'S) WITH THE RESPECTIVE SHORTLISTED PROPOSERS; AND FURTHER PROVIDING THAT THE NEGOTIATED LOI'S AND MASTER PLAN(S) DEVELOPED BY THE RESPECTIVE PROPOSERS BE BROUGHT BACK TO THE MAYOR AND CITY COMMISSION AT A FUTURE DATE FOR FURTHER ACTION. ADMINISTRATION RECOMMENDATION Adopt the Resolution approving the recommendation of the City Manager to shortlist the top two (2) Proposers of Portman CMC and South Beach ACE as the shortlisted Proposers to continue on to Phase II of the RFQ; authorize the City Manager to negotiate Letters of Intent (LOI's) with the shortlisted Proposers; and provide that the negotiated LOI's, as well as Master Plans developed by each Proposer, be brought back to the City Commission at a future date for further action. BACKGROUND On March 9, 2011, the City Commission adopted Resolution No. 2011-27620, which endorsed and supported the concept of the Miami Beach Convention Center renovation and expansion, including the development of an adjacent Convention Center hotel. The City Commission also authorized the City Manager to secure any necessary expertise required to assist with the project, and to issue a Request for Proposals (RFP) to secure those consulting services. Through the resulting competitive solicitation process, the firm of Strategic Advisory Group (SAG) was selected and retained as the City's consultant in the project development process. During the May 20-21, 2011 City Commission Retreat, the Commission further discussed and agreed to look at broader development opportunities in the area beyond the Convention Center, and expressed a desire to find ways to address the impact on traffic, mobility, and impacts to the 569 MBCC District RFQ December 12, 2012 Page 2 of8 surrounding neighborhoods. There was also a desire to be sensitive to the historic district, while maximizing green space. As part of its initial responsibilities, SAG assisted the City in drafting a Request for Qualifications (RFQ) for the master development of the "Miami Beach Convention Center'' (the MBCC District). The RFQ is the first step in an effort to create options for Convention Center improvements through a master development of City-owned properties surrounding the Convention Center that would generate new revenues to the City. These incremental revenues could be used to fund potential Convention Center improvements and/or provide operating funds. The maximum potential development site for the MBCC District is approximately 52 acres, encompassing the Convention Center facility itself, the adjacent surface parking lots, the 171h Street Parking Garage, the Fillmore Miami Beach at the Jackie Gleason Theater, City Hall, and City-owned buildings at 555 -17th Street and 1701 Meridian Avenue. The combined area allows for up to approximately 6.2 million square feet of total FAR, inclusive of the existing structures. While the total acreage available for redevelopment is up to 52 acres, the objective would be for any proposed development thereafter to create significant open public spaces and other amenities that benefit the whole community. On January 11, 2012, the City Commission authorized the Administration to issue Request for Qualifications No. 22-11/12 for Qualified Developers for a Public-Private Mixed-Use Development in Miami Beach for the Enhancement of the MBCC District, Including the Expansion of the Miami Beach Convention Center and Development of a Convention Center Hotel (the RFQ). The RFQ was issued on February 7, 2012, and was sent to approximately 250 developers and other interested parties; issued via BidNet; sent to the Urban Land Institute (ULI), International Council of Shopping Centers (ICSC) and the Bond Buyer to make available to their members. RFQ information was also sent through the Business Wire resulting in approximately 1 ,000 business media around the country featuring the story; and a press release was issued by the City that generated a Miami Herald front-page article. The primary objectives of the RFQ are to: 1. Improve the Convention Center (hereinafter also referred to as the MBCC); 2. Facilitate the ability of the MBCC to attract high impact conventions, meetings, and tradeshows in an increasingly competitive environment; and 3. Redevelop the surrounding area, including transforming the MBCC District into a new vibrant neighborhood with year-round activities; increasing outdoor public space; creating a walkable district providing connectivity between the MBCC and Lincoln Road and the City's historical and cultural district; providing iconic architecture in keeping with the City's history of significant design; incorporating sustainable (LEED) design principles; while being sensitive to the surrounding residential neighborhoods (particularly with respect to traffic and scale); and offering optimal economic and community benefits to the City. The minimum requirements to be delivered by the successful Proposer of the RFQ are as follows: 1. Enhancements to the Convention Center, including at a minimum, Class A renovation, outdoor function space, and additional meeting space, 2. Development of a headquarter hotel, and 3. Provision of a multipurpose/ballroom space of 60,000 net square feet. 570 MBCC District RFQ December 12, 2012 Page 3 of8 RFQ PHASE I During Phase I of the RFQ, which is before the City Commission for its consideration at this meeting, Proposers were evaluated based on their experience with undertaking comparable urban mixed-use master development projects of the magnitude contemplated. Similarly, the Proposers' "Lead Architects" were evaluated on their relevant experience in providing design services for comparable urban mixed-use master developments. The following Evaluation Criteria were used to assess each Proposer: Evalua~.ion Criteria Proposer's relevant experience, qualifications, capabilities, financial strength, and past performance with similar development projects 30 Proposer's key personnel experience and qualifications (i.e., Principals 20 and Project Executives or Managers) Design Services Professionals key personnel experience and qualifications. (i.e., Master Planner, Convention Center Design 20 Architect, Hotel Design Architect etc.) Proposer's approach to financing To this end, the Proposers and their Lead Architects were requested to summarize at least five (5) development projects (of comparable size and scope as the MBCC District proposed development), the role they played in each of the representative developments, and the professional experience of each key personnel that will be involved with the proposed MBCC District project. Developers were allowed to work together to submit joint qualifications to satisfy the requirements for relevant experience. Each Proposer also had to provide information that demonstrated financial capability to take on the proposed development. Proposers were required to summarize their broad approach to financing the various components of the proposed development; demonstrating their role in the capitalization of the project, their commitment to provide all or a portion of the financing, their proposed financing mechanism for the public components, and their commitment to maximize private investment and minimize public investment. Short-listed Proposers will proceed to Phase II of the RFQ. RFQ PHASE II As part of Phase II of the RFQ, the Proposers short-listed by the City Commission will then be required to prepare a detailed proposal for their proposed development of the MBCC District. This Phase, as part of the preparation of the detailed proposal, will include what the City Administration expects to be extensive community involvement to gain input on local needs and concerns. To initiate the public outreach, the City will arrange a public workshop with the shortlisted Proposers and the community. An additional meeting will also be held with the shortlisted Proposers to gather information on the improvement needs of the MBCC to develop the scope of services for the MBCC enhancement and expansion. As part of Phase II, a City Commission workshop will be held to review each Proposer's Master Plan, prior to final consideration and selection of the final "Master Developer''. 571 MBCC District RFQ December 12, 2012 Page 4 of8 In addition to the Master Plan for the site (which will include respective project renderings, a ... ~~·~breakoownf)f proposed uses, and square footages of each use), the short-listed Proposers' "detailed proposal" will also include proposals for enhancing public open spaces, a renovation and expansion plan for the MBCC, a proposal for a convention center hotel, a phasing and absorption plan, financing plan (including, at minimum, a 30-year financial pro forma), a preliminary traffic impact analysis, any request for public assistance, and a summary of projected new City revenues to be generated by the proposed development, including estimated impacts to the City's tourism economy against baseline criteria. Concurrent therewith, the City Manager, with SAG's assistance, will negotiate Letters of Intent (LOis) with the shortlisted Proposers. Some of the items that will be negotiated in the LOI includes the scope of the renovation and design for the MBCC, the phasing plan, the financing plan, land lease terms (if required) and other economic impacts, hotel room blocks, and traffic impacts. The negotiated LOI's will then be presented to the City Commission for consideration and further action. PROPOSERS On March 1, 2012, the City Manager reported to the City Commission, via a Letter to Commission, that the Administration, along with SAG, held a Pre-Qualifications Conference at the Convention Center on February 27, 2012, to review the RFQ and answer any questions regarding the process. The Pre-Qualifications meeting was not mandatory. Approximately 150 people attended the conference demonstrating significant interest in the City's MBCC District development opportunity. On the RFQ deadline of April 23, 2012, the City received eight(8) qualifications packages in response to the RFQ (the proposals) from the following Proposers: • CConnectMB • Flagstone Property Group • Matthews Southwest * • Portman CMC • Rida Development Corporation • SoBeCa, LLC • South Beach ACE • Turnberry Lincoln Village, LLC * On May 28, 2012, Matthews Southwest informed the City that its team was pulling its submission and would not be participating in the RFQ process. Evaluation Committee Meeting #1 On April 30, 2012, the City Manager, via Letter to Commission (LTC) No. 114-2012, appointed the following individuals to serve as Evaluation Committee members (the Committee): • David Berger, Real Estate Developer and Attorney, Resident: • Jimmy Goldsmith, Gator Investment (Real Estate Development), Resident: • Saul Gross, Commercial Property Owner I Former MB Commissioner, Resident; • Elsie Howard, Former Chair of MBVCA; • Jackie Lalonde, Financial Advisor, Resident: • Martin Margulies, Real Estate Developer, Art Collector and Philanthropist; 572 MBCC District RFQ December 12, 2012 Page 5 of8 • John Page, Global Spectrum Chief Operating Officer; • Aileen Ugalde, UM Corporate Counsel, Resident: and • Kathie Brooks, Budget and Performance Improvement Director, Resident. Due to potential conflicts, Mr. Berger and Mr. Page voluntarily recused themselves, and were replaced by Ms. Marilys Nepomechie, Architect I FlU Professor of Architecture I Preservationist and Resident, and Mr. Tim Nardi, Shore Club Hotel General Manager (at the time) and Resident. In addition, I subsequently recused myself, as I was being considered for the Interim City Manager position. The Committee convened on June 4 and 5, 2012. Seven (7) Proposers presented their respective qualifications to the Committee, with a question and answer session conducted after each presentation, following which the Committee scored and short-listed the Proposers. Sunshine Law Issue and Recommended Cure Shortly after the June Evaluation Committee meeting, a potential Sunshine Law issue raised with respect to the North Lincoln Lane Parking Lots RFP process, alleging that the City did not comply with the Florida Government in the Sunshine Law (the Sunshine Law), in that it did not open certain portions of the North Lincoln Lane RFP Evaluation Committee meeting (specifically, the portion pertaining to the Committee's final deliberations) to the public. As the City followed the same process with regard to the June Convention Center RFQ Evaluation Committee meeting, and though no protest and/or challenges had been alleged with the respect to the RFQ Evaluation Committee meeting, the Convention Center RFQ process was placed on hold. At the September 12, 2012 Commission Meeting, the City Commission directed the Administration to provide a status report on the Convention Center RFQ (as well as the North Lincoln Lane RFP) at the next scheduled Finance and City Wide Projects Committee (FCWPC) meeting. The Administration presented an update on both referenced RFP and RFQ at the FCWPC held on October 3, 2012. In response to the question of the potential Sunshine Law issue raised with respect to the North Lincoln Lane RFP, and while not conceding that the City had in effect violated the Sunshine Law, the City Attorney recommended that, in order to continue to proceed with both processes (the RFP and RFQ), in the abundance of caution, the City Attorney presented a variety of curative measures. After listening to the City Attorney's presentation, and hearing extensive public comment, the FCWPC recommended curing any alleged Sunshine Law violation raised with respect to the Convention Center RFQ, and further recommended (i) re-convening the original Evaluation Committee, (ii) have the Evaluation Committee view the Proposers' presentations (from the June 4 and 5, 2012 Evaluation Committee meeting), and (iii) deliberate in the Sunshine. Further, the Commission allowed that the Proposers should be given the option to be present to answer any questions from the respective committee(s), after listening to the videotaped presentations. The Committee's recommendation was forwarded to the City Commission. At its October 24, 2012 meeting, the City Commission adopted Resolution No. 2012-28046 accepting the recommendations made by the Finance and City Wide Projects Committee. 573 MBCC District RFQ December 12, 2012 Page 6 of 8 Evaluation Committee Meeting #2 On November 20, 2012, six (6) members of the original eight {8) Evaluation Committee members convened (Ms. Elsie Howard voluntarily recused herself, and Ms. Marilys Nepomechie was unable to attend due to a schedule conflict). It should be noted that SoBeCa, LLC and Flagstone Property Group voluntarily withdrew their respective proposals, leaving five (5) Proposers to be evaluated and ranked. See Attachment A for a matrix summary of information of the five (5) Proposers prepared by the City's consultant, Strategic Advisory Group (SAG). Under separate cover, I will be transmitting DVDs of all five (5) presentations and proposals. Following deliberations, which was publicly noticed and open to the public, and using the Evaluation Criteria set forth in the RFQ (as in page 3) above, the Evaluation Committee scored and ranked the Proposers as follows: Portman CMC * South Beach ACE ** CConnectMB Tum be After additional deliberation, the Evaluation Committee recommended to the City Manager to shortlist first ranked Portman CMC and second ranked South Beach ACE to move forward to Phase II of the RFQ. * See Attachment B for additional background information on Portman CMC, and its Lead Architect, John Portman & Associates and Bjarke Ingels Group, as well as the Proposer's approach to the master plan. ** See Attachment C for background information on South Beach ACE, and its Lead Architect, Office for Metropolitan Architecture (OMA), as well as the Proposer's approach to the master plan. In addition to the Evaluation Committee, the City's consultant, SAG, also provided the City Manager with its recommendation to shortlist only the two (2) top-ranked Proposers, Portman CMC and South Beach ACE. SAG indicated that, in its professional opinion, the top two teams lead by Portman and Tishman (South Beach ACE) have much better mixed-use, convention center/hotel, and ground-up development experience than the other teams. SAG further stated that in its 20+ years of experience in this line of work, a short-listed proposer has never withdrawn at this stage of an RFQ/RFP process. See Attachment D for SAG's recommendation. CITY MANAGER'S RECOMMENDATION After evaluating the proposals, including having reviewed each Proposer's original written submittal and having viewed the Proposers' individual oral presentation and the resulting Question & Answer with the Evaluation Committee, considering the recommendations of the Evaluation Committee and the City's consultant, SAG, and my own additional due diligence (see Attachment E), I concur with the 574 MBCC District RFQ December 12, 2012 Page 7 of8 Evaluation Committee's recommendation, and recommend that the City Commission short-list the top two (2) Proposers, Portman CMC and South Beach ACE, to proceed to Phase II of the RFQ process. While it may seem advantageous to have as many Proposers as possible for Phase II proposals, I am recommending to short-list no more than two (2) Proposers (to move forward with Phase II of the RFQ) for the following reasons: 1) Two Proposers will likely dedicate more resources and effort into the Phase II work when each has a 50% chance of success, as opposed to when there are a greater number of shortlisted development teams. 2) The community will be able to carefully focus its attention on two (2) Master Plan proposals, and not be burdened with having to attend several community meetings and study the intricacies of multiple Master Plans. 3) The City Administration can concentrate its negotiations with two Proposers and its detailed analyses of their proposed Master Plans, versus being stretched across multiple proposals, resulting in increased staff and consulting costs, as well as additional time that will be required managing multiple Proposers, and potentially resulting in further delays for the Convention Center improvements. 4) Finally, the total low aggregate scores for the 2 top ranked teams were very tight, with Portman CMC earning 8 points and South Beach ACE earning 11 points. There is a large point gap between #2 ranked South Beach ACE and #3 ranked CConnectMB (which earned 20 points), and #4 ranked Turnberry Village (earning 21 points). Consequently, for the reasons stated, the best course of action would be to move forward with the top two teams. TIMELINES The proposed general schedule for Phase 2 of the RFQ process is as follows: Jan -Kick-Off meeting with the Shortlisted Proposers -Walk-through assessment of the Convention Center -Community Meeting for initial public input Feb-Mar -Community Meeting -Shortlisted Proposers to present: • Guiding Principles for Master Plan based on community input • Preliminary Master Plans -City Commission Workshop -Revised Preliminary Master Plan -Draft Master Plans and Initial LOI terms to the Administration April -Refined Master Plans and LOI terms to the Administration -Community Meeting for presentation of refined Master Plans May -Commission Workshop • Presentation of proposed Master Plans and LOI terms 575 MBCC District RFQ December 12, 2012 Page 8 of8 June 5 -City Manager recommendation of the final Proposer(s) based on the negotiated LOI's and Master Plans -Commission approval of the successful Proposer(s) June-July -Term Sheet negotiations with the Proposer(s) based on substantive terms of the negotiated LOI(s) July -The final negotiated Term Sheet(s) presented to the City Commission for approval July or Sep -City Commission approval of the Term Sheet with the final successful Proposer Sep or Oct -Final project agreements presented to City Commission for approval If the proposed project requires a referendum, the most cost effective way would be to piggy-back on to the already scheduled elections in November 2013. CONCLUSION The Administration recommends that the Mayor and the City Commission adopt the resolution approving the recommendation of the City Manager to shortlist the two (2) top-ranked Proposers of Portman CMC and South Beach ACE which will proceed to Phase II of Request for Qualifications (RFQ) process for a public-private mixed-use development in Miami Beach for the enhancement of the Miami Beach Convention Center Campus/District, including the expansion of the Miami Beach Convention Center and development of a Convention Center Hotel (the RFQ); and authorize the City Manager to negotiate Letters of Intent (LOI's) with the shortlisted Proposers. T:\AGENDA\2012\12-12-12\MBCC RFQ Shortlist MEMO.doc 576 Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary <( 1-z w () ~ < Roger Zampell 404-614-5045 rzampell@ portmanholdings.c om Portman Holdings • Master Developer Cirque du Soleil • Entertainment Developer Whitman Lanzenby Properties • Retail Developer CMCGroup Local, residential StrategicAdvisoryGroup Paul Diamond 212-708-6781 diamond @tishman.com Tishman Hotel & Realty • Master Developer UIA (Robert Wennett) • Local Developer Paul Dunstan, Plenary 604-638-3908 paul.dunstan@ plenarygroup .com Plenary Group • Co-Developer, long-term equity investor, financing lead arranger Tristar • Co-Developer and commercial development lead Jones Lang LaSalle Co-Developer, commercial Jonathan Kurry 305-682-4160 jkurry@turnberry.com Turnberry Associates • Managing Partner Canyon Capital Simon Property Group Partner Ira Mitzner 713-961-3835 imitzner@ ridadev .com RIDA Development Corporation ,...... ,...... ···-··--· Lt') Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary John Portman & Associates • Lead Bjarke Ingels Group • Associate Fentress Architects • CC Architectural Planning WestS • Landscape Architect Revuelta Architecture lnt'l • Local David Plummer & Assoc. • Traffic engineering Schwebke-Shiskin & Associates (Veteran-owned firm) • Civil engineering StrategicAdvisoryGroup OMA * AMO Architecture • Master Planner and Lead TVS Design • CC & Hotel Technical Architect MWA • Landscape Architect Raymond Jungles • Local Landscape Architect Rogers Stirk Harbour + Partners • Lead Crawford Architects • Master Planner and CC Design Architect Kobi Karp • Local Architect Schwebke-Shiskin and Assoc. • Civil Conventional Wisdom • CC programming consultant Zaha Hadid • Lead Borelli & Partners • Local Balmori • Landscape Berenblum Busch • Proj Mgmt!Local Support Kimley-Hom • Traffic Tim Haahs • Parking Schwebke-Shiskin & Associates (Veteran-owned firm) • Surveyors Ross & Barruzzini • MEP DeSimone • Structural Chen Moore/Langan/Kimley-Horn • Civil Sequil LEED HKS • Lead Pelli Clarke Pell • Design Theme Architect Looney • Interiors Conventional Wisdom CC programming consultant 2 co ....... Lt') Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary Led by developer Led by developer Led by developer Piper Jaffray (public finance) Goldman Sachs (public Jones Lang LasSalle finance CMC Construction (local) Tishman Construction Corp. I TBD HDC Associates (cost AECOM estimator) Charles Cinnamon PR (local) I Bilzin, Sumburg, Baena, Pathman Lewis Attorneys Public Relations Price & Axelrod • Legal, Land Use and • Legal, local Environmental Robert K. Futterman VM Diaz & Partners 1 Retail leasing and • r.ommunitv outn'!~ch_ Inc~ I merchandisina consultant StrategicAdvisoryGroup Led by developer BMO Capital Markets Led by developer AREA Property Partners Wellbro Building Corporation (pre-construction) 3 0) ....... Lt') Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary • 1, 190-rm Hilton San Diego; • Revitalization of Times " .. .is an investor, developer and • 1 ,500-rm Fontainebleau • 1 ,400-rm Hilton Orlando; 2008 (master plan, Square; completed in 201 0 operator of public infrastructure • Town Square Las Vegas-2009 programming, capital raising, -Hotel, 200k sf E Walk with a focus on projects in Canada retail, restaurant, • Omni Orlando Resort; 2004 development management) and Australia." • 700-rm Westin Charlotte; 2003 retail/entertainment mega • Melbourne Convention Center entertainment, 1.5m sf -72Q-rm hotel, 2 golf • Peachtree Center Atlanta; complex -P3 • Aventura Mall, Aventura, courses, Ledbetter Golf 1965-1999 -14 city blocks, 11 • 863-rm Westin New York; • Humber River Regional FL-2.7m sf HQ, residential rental and office buidlings, 3 1 ,000+ room 2002 Hospital, Toronto-P3, raised • Turnberry Ocean Colony, for-sale, retail, office hotels, retail, fitness, parking • 790-rm Loews Miami $1 b+ of private capital Sunny Isles Beach, FL-• Central Station mixed-use, garages Beach; 1998 (advisory role) • Communications Security residential condo Orlando, master developer; • Embarcadero Center, San • 2,267 -rm WDW Swan & Establishment, Ottawa Canyon 2014 -residential, retail, Francisco; 1971-1989-retail, Dolphin; 1990 • NHS Health Care Complex, • Washington Hilton 2010 office, hotel entertainment • 1 ,209-rm Sheraton Ontario-project financing (acquired, renovation;) • 490-rm Sheraton Lake • Shanghai Center; 1990 -• Victorian Cancer Center, residential, retail, office, hotel, Chicago; 1992 Melbourne • W Austin and Residences, Buena Vista (equity partner entertainment • 600-rm Wyndham Rio Mar, • Bridgeport Hospital, Toronto Austin, TX; 2011 -hotel, in renovation); 2012/13 • Shanghai Expo Axis PR; 1996 Jones Lang LaSalle condo, retail, office AREA (development advisor); 2011 -UIA • Puerto Rico Convention • W Hoboken Hotel and • 2.8m sf Time Warner retail, office, exhibition, • 1111 Lincoln Road; 201 0-Center-development advisor, Residences, NJ; 2009-Center, NY; 2004-office, 0 entertainment Retail, office, parking strategic and business hotel and condo retail, hotel, condo, co • Marina Square, Singapore; • Starwood Urban Venture; planning • One Santa Fe, Los entertainment Lt') 1987 - 3 hotels, retail 2004-Hotel, retail, office • Washington DC Old CC Site Angeles, CA; 2014-• 1 ,230-rm Hyatt Waikiki • Americasmart, Atlanta; 1961-Redevelopment -real estate residential, retail, office • 1 ,639-rm Palmer House 2009-7.7m gsf wholesale advisor marketplace • GA Tech Technology Square • North Point, Boston, MA-Hilton CMCGroup -feasibility for retail, pre-development, 32.3 • 26 shopping centers and • 4000 Ponce de Leon, Coral academic, office space acres free-standing stores in Gables; 2001 -commercial • Fan Pier, Boston -Simon Poland • 174-unit Santa Maria, Miami; development manager for Owns or has an interest in 337 1997 hotel, residential, office, retail, retail real estate properties in • 374-unit Porto Vita, Aventura; recreation N. America and Asia comprised 2004 Tristar of 254m sf. In 2011, invested • CasaGrande, Miami Beach; • Miracle Mile Shops, Las $400m in new development/ 1993-condo, hotel, spa, retail Vegas-acquisition and redevelopment projects; • 166-unit Grovenor House, redevelopment of retail, expects to spend $1 b in 2012. CoconutGrove;2006 restaurant shops • 147-unit Bristol Tower, Miami • W South Beach Hotel & • St. Johns Town Center, Cirque du Solei! Residences-acquired old Jacksonville, FL; • Listed 9 theaters Holiday Inn, financed 2005/2008 -retail Whitman Lazenby demolition and construction • The Domain, Austin, TX; Bal Harbour Shops loanforW 2007-2009-retail StrattK~icAdvisoryGroup 4 Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary • West Kowloon Cultural District • Jacob Javits CC expansion; • London Aquatics Center; • 3,067-rm Palazzo Hotel Las Masterplan, Hong Kong, current 2005/2011 Vegas;2006 • 366-rm Westin Warsaw; 2003 China; 2011 -Master Plan • National Assembly of Wales • Cairo Expo City expo and • 1 ,000-rm JW Marriott San • 700-rm Westin Charlotte; 2003 • Euralille Masterplan and • Congress Center, Rome conference center; currently Antonio PGA Resort; 2009 • Beijing Yintai Centre, office, Congrexpo Convention Center, • East River Waterfront, NY design planning • 800-rm Omni Nashville; 2013 residential, retail; 2008 Lille, France; 1994-Master • Wood Wharf Master Plan, • City Life Milano Residential • 1 ,400-rm Hilton Orlando; • Tomorrow Square, Shanghai, Plan and Lead Architect London -commercial, Complex, Milan, Italy; 2009 • Almere Masterplan, Almere, residential, hotel 2004/2014 residential, hotel; 2003 Netherlands; 201 0 -Master Crawford {CC Programming) • Eli and Edythe Broad Art • 1 ,01 0-rm JW Marriott Austin; • Wenzhou Zhixin Plaza, China, Plan and Lead Architect • Bartle Hall CC North Dock Museum, E Lansing, Ml; 2014 residential, retail; 2014 • Riga Port City, Riga, Latvia; Renovation, KC 2007/2012 • 3,025-rm Grand Venetian • 500-rm Renaissance and CC, 2007 -Master Plan and Lead • Perth Convention Centre, • Galaxy Soho (mixed-use}, Macau; 2007 Schaumburg, IL; 2006 Architect (museum) Australia Beijing; 2009/2012 • Quanzhou Exhibition Center, • Branson CC, Branson, MO • Jin Hongqiao lnt'l Center, • Zeche Zollverein Masterplan • Darwin Cove Convention & • Riverside Museum, Glasgow, China; 2013 China, office, retail, and Kohlenwasche, Essen, Exhibition Center, Australia Scottland; 2004/2011 • W Dallas Victory Hotel and entertainment; 2013 Germany; 2007 -Master Plan • Darwin Cove Master Plan -• Guangzhou Opera House; Residences; 2006-hotel, • International Autodrome and Lead Architect residential, hotel, retail, China; 2003/201 0 condo, retail Master Plan (mixed-use), (conversion) entertainment • Heydar Aliyev Cultural Centre, • W Hollywood Hotel and """'" China; 2003 • Pare des Expositions (PEX}, • Gosford Waterfront Development Azerbaijan; 2007/2012 Residences, LA; 2009-co • Guri New Town Master Plan Toulouse, France; In Design-Master Plan, Australia • King Abdullah Petroleum hotel, condo, retail Lt') (mixed-use), South Korea; Master Plan Kobi Karp Studies and Research Centre, • Dallas Convention Center 2010 • Cordoba Congress Center, • 538-unit 11 01 Brickell Riyadh; 2009/2012 Expansion and Renovation; • Songdo Landmark City Master COrdoba, Spain; 2007-Lead • The Strand Hotel • Rosenthal Center for 2002 Plan (mixed-use), South Architect redevelopment, Miami Beach Contemporary Art, Cincinnati; MGM Citycenter Las Vegas; Korea; 2010 • China Central Television • Cadillac Hotel 1997/2003 2009 -hotel, retail • Shanghai International Criuse Headquarters (CCTV) and redevelopment, Miami Beach • Stone Towers (mixed-use}, Terminal Master Plan (mixed-Television Cultural Center, • Versailles Hotel addition, Cairo; currently design use), China; 2004 Beijing, China; 2012 under Miami Beach planning construction -Master Plan • Terminus Multimodal National Expo Exhibition, • Milstein Hall, Cornell • Lincoln Theatre restoration Hoenheim Nord, France; China; 2012 University, Ithaca, New York; and reuse, Miami Beach 1998/2001 2011 -Master Plan and Lead The Capri South Beach Architect Master Plan • Dee and Charles Wyly Theatre, Dallas, Texas; 2009 -Lead Architect • Casa da Musica, Porto, Portugal; 2005 -Lead ltnltegieAdvisoryGroup 5 Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary Bjarke • The Mountain, Copenhagen; 2008 -residential • 8 House, Copenhagen; 2010 -residential • Tallinn Town Hall, Estonia; in progress -town hall • West 57th, Manhattan; 2015-residential • Danish Pavilion, Copenhagen; 201 0 -city bike, harbor bath • Metrozone Master Plan, Hamburg; 2008-mixed-use • Superpark, Copenhagen; 2012 -public park • Beach & Howe, Vancouver; in progress -residential, retail • Slussen Master Plan, Stockholm -mixed-use • Chicago South Works Master Plan; in progress-mixed use • Chicago Navy Pier; 2012 -design services for competition West 8 (Landscape) • Miami Beach Sounsdscape; 2011 • Madrid Rio Master Plan; Spain; 2011 • Toronto Central Waterfront; 2009,2010,2013-2015 • Chiswick Park, London; 2008 • Yverdon-Les-Bains, Switzerland; 2002 ltntt@gi~AdvisorfGroup • Seattle Central Library, Seattle, Washington; 2004-Lead Architect TVS Design (CC/Hotel) • 2.3m gsf McCormick Place South Hall, Chicago, IL; 1998 • Cobo Center, Detroit, Ml; 2007 • 3.5m gsf Nanjing Conference and Exhibition Center, Nanjing, China; 2008 • Walter E. Washington Convention Center, Washington DC • 1 , 170-rm Marriott Marquis, Washington DC; 2014 under construction • InterContinental Hotel Buckhead, Atlanta, GA; 2004 • Hyatt Regency Trinidad, Port-of-Spain, Trinidad and Tobago; 2007 • Hyatt Regency Orlando, Orlando, FL; 2007 concept design MWA (landscape) • Brooklyn Bridge Park, Brooklyn, NY • Hudson River Park, New York, NY • Teardrop Park, New York, NY • Lower Don Lands, Toronto, Ontario, Canada • City River Arch 2015, St. Louis, Missouri • Hudson Park & Boulevard, New York, NY • Bailey Plaza, Cornell I lni<J<>t<>lht lth<>tv.> NY • Miami Beach Regional Library • Jackie Gleason Theatre • Miami Beach Convention Center Expansion Berenblum Busch (Proj Mamt/Supoort) • Miami Beach Historical Hotel Restoration • FlU School of Architecture • FlU School of Business Balmori (Landscape) • Campa de Los lngleses Park • Miami Performing Arts Centre Theme) • 4,004-rm ARIA Resort & Casino; 2009 • Petronas Towers, Kuala Lumpur; 1997 -office, entertainment, retail • Porta Nuova Garibaldi, Milan; 2012-residential, office, retail, hotel • Las Palmas Master Plan, Spain; 2005 -waterfront plan • Torre Libertad, Mexico City; 2009 -hotel, residential • Adrienne Arsht Center for the Performing Arts, Miami; 2006 • Renee and Henry Segerstrom Concert Hall, N Costa Mesa; 2005 co • Riverview Plaza, China; 2015 Lt') -office, residential, retail • The Landmark, Abu Dhabi; 2013-office, residential 6 Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary • Sante Fe Convention Center; 2008 • Pasadena Convention Center expansion; 2009 • Palm Springs Convention Center expansion; 2006 • CO Convention Center expansion; 2004 • San Diego Convention Center expansion; in progress Revuelta (Local) • 204-rm Saxony Hotel, Miami Beach; under construction • 156-rm Ritz Carlton Club & Residences, Miami Beach; cancelled • 174-unit Santa Maria condominiums, Miami; 1997 • EPIC Residences & Hotel, Miami; 2008 -hotel, condo, office • 600 Biscayne, Miami; N/A-residential, office, retail • 433-unit Neo Vertika, Miami; 2006 • 338-unit Jade Residences, Miami; 2004 530-unit MINT, Miami; 2006/2008 $t.-egicAdvisoryGroup ymond Jungles (landscape. local) • New World Symphony, Miami Beach,FL • Miami Beach Botanical Garden, Miami Beach, FL • Soho Beach House, Miami Beach, FL • Saxony Hotel, Saxony Arts District, Miami Beach, FL • Brazilian Garden, Naples, FL 7 M co Lt') Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary Key team members have Key team members have Key team members have Key team members have Key team members have experience with the firm's experience with the firm's experience with the firm's experience with the firm's experience with the firm's development projects listed development projects listed development projects listed development projects listed development projects listed 0 J.'m::hitect I Portman OMA Rogers Stirk Harbour+ Zaha Hadid HKS Key team members have Partner-in-Collaboration Partners Key team members have Key team members have experience with the firm's listed on all submitted Key team members have experience with the firm's experience on few of the projects listed projects, Partner-in-Charge experience with the firm's projects listed firm's projects listed on three projects listed TVS Pelli Key team members have Crawford Architects Key team members have experience with majority of Key team member (Stacy experience with the firm's the firm's projects listed Jones) has experience with projects listed MWA the firm's projects listed Key team members have I I oq-experience with the firm's Kobi Karp co projects listed Key team member (Kobi) Lt') Jungles has experience with two of Key team members have the firm's projects listed experience with the firm's listed St,ategicAdvisoryGroup 8 Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary • Proposed community forums, group conversations and community workshops • Outlined steps to working with the City • Discussed broad planning issues • Committed to design deliverables and all physical planning deliverables, including market/economic analysis, traffic, etc. $trat(!gjcAdvisoryGroup • Desire 3 months for LOI stage • Propose to engage in a series of "intimate collaborations" • Outlined City staff/consultant engagement • Outlined an understanding of locaVdistrict/neighborhood design issues • Committed to design deliverables beyond those outlined in RFQ, including renderings and "explanatory animation fly though" and a massing model to appropriate scale • "Look to spend 6-8 months engaging directly with the Miami Beach community ... Master Plan ... 12-18 months ... will work to more rapidly deliver ... " • Outlined local community engagement • Outlined City staff/consultant engagement • Outlined an understanding of local/district/neighborhood design issues • Did not outline any special design deliverables • Outlined plan to work with the City with the execution of the required • Desire 4 months for LOI stage • Propose to engage in a series of "community design workshops", listed over 20 local organizations to engage • Outlined City staff/consultant engagement • Outlined an understanding of local/district/neighborhood design issues • Committed to design deliverables beyond those outlined in RFQ, including renderings and ''fly though animation" and a physical model • Desire 4 months to complete • Proposed community forums, group conversations and community workshops • Outlined steps to working with the City; propose 9 meetings • Discussed broad planning issues but did not discuss specific to Miami Beach issues/understanding • Committed to design deliverables beyond those outlined in RFQ, including renderings and "animated ~ fly though" and a physical Lt') model 9 Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary Primary investors include: Primary investors include: Australian/Canadian P3-Primary investors include: I Focused primarily on hotel • Portman Holdings • Tishman Hotel Realty -"In focused firm • Turn berry -''The firm component • CMCGroup the last 15 years, ... raised • Plenary finances public invests it's own equity in $5.1 b of equity and debt for every deal." Primary investors include: "All members of the it's projects." components • Canyon Capital -"$18b of • RIDA development team will • UIA-"In the last 15 years, • Design-build fixed price capital under • AREA Property Partners ... raised $500m of equity guarantee management... In the past provide significant and • Repaid over time -fixed meaningful proprietary equity and debt for it's projects." monthly "availability 1 0 years Canyon has "We understand a significant •AECOM invested $1.2b in equity in capital, along side the larger payments", repaying 44 projects ... Would provide equity investment will be debt and equity partners." Plan to finance each project construction costs and either debt or equity required and are committed, ongoing maintenance of financing ... " along with our long-standing ''The development team will component independently to the facility • Simon partners, to provide the commit to fund the pre-maximize ground rent to the • Repaid from project-necessary capital to development cost. .. " city. generated sources (land BMOCapital compliment the debt." sales, TIF, parking, etc.) Goldman Sachs and other public sources • Described the use of TIF, Discusses two approaches to • Described the use ofTIF, (hotel tax) land sales, CBDs, PILOT, Discuss public component financing land sales, CBDs, PILOT, and other P3 tools to make financing broadly I~ • Traditional Model-and other P3 tools to make Commercial investors on project feasible Development team owns project feasible team include: and finances hotel, retail, • Plenary-"Plenary Group "It is important to note that residential, entertainment, ''THR has had institutional will invest its own money in an upfront payment to the parking. City owns and partners in its hotel the project." City, which could cover the finances convention center costs of improvements to and civic facilities. developments which • JLL-to raise money from • P3 Model -Does not clearly have ... a long-term hold third parties the convention center, is an describe this approach perspective rather than build • Tristar option that is very much on and sell." the table and the parties in Piper Jaffray I the development team have • Described the use of resort the wherewithal to do it." tax revenue bonds, TIF, and 1 I I "As part of the planned the county $55m to make project feasible convention center expansion, a headquarter hotel may be built directly as of the Strl,ltegicAcMsoryGroup 10 Miami Beach Convention Center District Hotel/Mix-Use Development Proposer Summary SOOilll!Hlprocurement soooooooprocurement SOIIDlllprocurement soooooooprocurement SD[JJODODprocurement * A~knnwi!>rln letter 0 0 0 0 0 * Questionnaires I 0 5 pending lawsuits (CMC) I I Plenary -did not respond to I 12 pending lawsuits 3-5 Approx $22m judgment held 1 I~ JLL-cannot answer with 1 between 2 principals certainty contract refusal/default JLL-due to size, included in various lawsuits * c1rv of MB Certificate ~ 0 I D I 0 I n/a Annual Fire Fee (CMC Group) (UIA) (Tristar) mmmm Tax Included Combined Tax Memorandum AdvisoryGroup 11 HM II INTRODUCTION The following is a response to the City of Miami Beach Request for Qualifications to develop the proposed Miami Beach Convention Center District prepared by the Master Developer Team of Portman Holdings and CMC Group (Portman-CMC). These two development companies have been responsible for the design, development, and construction of several comparable and successful projects around the world and offer extensive benefits as a partner to the City of Miami Beach and to its residents and visitors. The aspirations for the new Miami Beach Convention Center District include specific real estate assets as well as the more difficult- to-define ideals that identify a neighborhood where people can enjoy a memorable experience. Across many years, many regions of the world, and many circumstances, the Portman-CMC team has delivered not only valuable real estate assets and attractive returns, but has also created new senses of place and user experiences in iconic buildings and spaces that characterize an area like the new Miami Beach Convention Center District. The Portman-CMC team has the proven ability to deliver a world-class Convention Center, ballroom and convention center hotel, and create iconic retail, entertainment and cultural venues, additional state-of-the-art parking facilities and systems, and other public spaces that will strengthen Miami Beach's economic base and connect the vibrant Lincoln Road pedestrian mall to the Collins Park cultural district and Miami Beach's more recent cultural institutions-New Word Symphony and Soundscape Park. TEAM A truly global team is comprised of Miami's finest, as well as some of the world's most accomplished real estate, design and lifestyle professionals. This group of firms represents a multinational network of financial and intellectual resources, with unmatched experience in real estate projects of the scale and quality outlined in the Miami Beach RFQ. The Portman-CMC team offers Miami Beach a comprehensive set of expertise and capabilities necessary to transform this concept into a vibrant reality, and includes on an exclusive basis Cirque du Solei! and the Whitman Lazenby Family, owner of Bal Harbour Shops. Development Architecture Finance Construction Mgmt. Traffic Engineering Civil Engineering Public Relations Portman Holdings -Atlanta, Shanghai, Mumbai, Hong Kong CMC Group-Miami/Miami Beach Cirque du Solei! -Quebec, touring 300+ cities on 6 continents Whitman Lazenby Properties, a subsidiary of Bal Harbour Shops, LLP -Bal Harbour John Portman & Associates -Atlanta, Shanghai Bjarke Ingels Group -Copenhagen, New York Fentress Architects -Denver West 8 -Rotterdam, Belgium, New York, Toronto Revuelta Architecture International-Miami/Miami Beach Piper Jaffray-28 US offices, London, Hong Kong and Zurich HDC International -Atlanta CMC Construction -Miami/Miami Beach David Plummer & Associates -Coral Gables, Fort Meyers Schwebke-Shiskin & Associates (a Florida veteran-owned business) -Miramar Charles Cinnamon PR (a Miami Beach vendor)-Miami Beach PORTMAN + CI\/C GHOUP 588 T~~m O~G~NIZ~TION THE PORTMAN-CMC TEAM The following is an introduction to the firms that have committed their resources to ensure the successful delivery of this incredible opportunity. This team shares the vision of the City of Miami Beach to create an area that will enable the region to attract high impact conventions, meetings and tradeshows in an increasingly competitive environment, while enhancing the architectural and cultural assets of the community with public spaces, amenities and economic benefit to the City and its residents. The broad experience and proven effectiveness of this team in similar developments cannot be overstated. Portman-CMC offers expertise in assessing project opportunities to ensure that the design and the development address all stakeholder needs, market realities and conditions for economic viability. Among the most significant strengths of the team is its long track record of participation in private and public-private partnerships and projects requiring collaboration among key government agencies. Whitman Lazen Properties Finance PoRrMAN HOLDINGS + CMC GROUP Traffic MASTER DEVELOPMENT TEAM Developer Entertainment Development p L[liNGS CIR~E DU SOLEIL DESIGN TEAM Lead Architect, Master Planner 1 jOHN PORTMAN & ASSOCIATES Associate Architect Landscape Architect Civil Engineering Public Relations il 589 ~-----llk·-------i8lllillllllllllilllllllllilllllt __ _ MASTER DEVELOPMEI'H TEAM Retail Development PORTMAN HOLDINGS ior over years. The firm focus on convention center Convention Dist1·ict will be CMC GROUP venture of Portman the team as MASTER DEVELOPMENT TEAM PC)Rfi'vi/\1'-J HOL IN H and commercial Entertainment Development DU SOLEIL company that has been in with who can be reached at 404-614-5045 or '-"'~'-'·"'-""-"-'-·'--""--'""-'-"-'-·'--'··"-'-'--~"'-'-'··'·~""-'1.El· and investment company, and is as one condominium and commercial for the Miami Beach Convention Art who can be reached at 305-372 0550 or ·"-'-'-'-=-'"-'-'''--·"""'~"'-'--'-''·"'"'"'='-'e·=-'-"-"'-'-'·"'· for the • Construction phase and asset 590 T~~m O~G~NIZ~TION CIRQUE DU www. cirquedusoleil.com Cirque du Solei I has brought wonder and delight to more than 100 million spectators in more than 300 cities in over forty countries on six continents. From a group of 20 street performers at its beginnings in 1984, Cirque du Soleil is now a major Quebec-based organization providing high-quality artistic entertainment. Cirque du Soleil has created a number of resident shows to complement their touring repertoire. If Portman-CMC is selected as master developer of the new Miami Beach Convention Center District, Cirque du Soleil will create a permanent facility in the new Miami Beach Convention Center District for Cirque du Soleil shows and performances. Cirque du Solei I will design a series of places and experiences within the development that will breathe life, surprise and fun into the project. Cirque will create an event space that will provide audience entertainment experiences and more, serving the local community and drawing people from afar. Cirque du Soleil's roles and responsibilities will include: • Conceptualization, programming and design of a permanent facility for Cirque du Soleil • Conceptualization and programming of other entertainment venues proposed for the project Primary leadership for the Miami Beach Convention Center District will be provided by Martin Boudreau, who can be reached at 514-723-7646 or martin.boudreau@cirquedusoleil.com. WHITMAN LAZENBY PROPERTIES www.balharbourshops.com Whitman Lazenby Properties is a subsidiary of Florida's Bal Harbour Shops-principals of the 400,000 square foot, open-air shopping center home to a coveted list of over 100 high-end retailers. It is the highest performing retail development per square foot in the United States. Whitman Lazenby Properties' roles and responsibilities will include: • Retail conceptualization • Retail programming and tenant mix • Retail design and development • Marketing the retail components of the project Primary leadership for the Miami Beach Convention Center District will be provided by Matthew Whitman Lazenby, who can be reached at 305-866-0311 or mwl@bhs.sc. POR!MM< Hot OINGS + GROUP l") 591 I I MASTER DESIGN TEAM The Master Design team will be led by Lead Architect and Master Planner, John Portman & Associates, and also include Bjarke Ingels Group and West 8. John Portman has over fifty-five years of experience designing mixed-use complexes and iconic hotels, many of which are paired with convention centers. Bjarke Ingles has an impressive resume and has created a reputation for completing buildings that are as programmatically and technically innovative as they are cost and resource conscious. West 8, the firm that just completed Miami Beach's Soundscape Park, is a step ahead in thinking of how to make a continuous and integrated urban experience for users. This diverse team is poised to create a series of specialized concepts that are conceived in a way that allows for the continuous urban environment that the City of Miami Beach envisions for its new Convention Center District. Lead Architect, Master Planner jOHN PORTMAN & ASSOCIATES Associate Architect Convention Center Landscape Architect JOHN PORTMAN & ASSOCIATES www.portmanusa.com John Portman & Associates has over fifty-five years of experience designing hotels and mixed-use projects. Firm founder, John Portman, created the first modern atrium hotel in 1967 with his design of the Hyatt Regency in Atlanta. Since then, JPA has designed many large architecturally innovative hotels in cities like New York, Los Angeles, San Francisco, San Diego, Shanghai and Beijing. These hotels are paired with convention centers and have specific programmatic and physical requirements that JPA has become a specialist in addressing. JPA's roles and responsibilities will include: • lead architect • Lead master planner • Hotel design • Residential design • Commercial design Primary design leadership for the Miami Beach Convention Center District will be provided by John C. Portman Jr., Chairman and Gordon Beckman, Design Director. 14 PORTM/~N HOLDlNGS .... CiviC GROUP 592 TI~ffi O~G~NIZ~TION BJARKE INGELS GROUP www.big.dk Bjarke Ingels Group (BIG) was founded by Danish architect Bjarke Ingels, and has amassed an impressive resume in a short period of time winning numerous important design commissions and awards. With offices in Copenhagen and New York, the firm focuses on architecture, urbanism, research and development. They are a generalist firm with unique concepts and formal dexterity that has generated great projects. BIG's roles and responsibilities will include: • Image and identity of convention center • Public and civic facility design • Parking design Primary leadership for the Miami Beach Convention Center District will be provided by Bjarke Ingels, Lead Designer. WEST 8 www.west8.nl West 8 just finished Soundscape Park across the street from the Miami Beach Convention Center on time and on budget. The park has received a positive response from the public and design critics alike. As Miami Beach continues to assemble a great collection of one-of-a-kind buildings, it will be important to also develop a public space network that can knit those different parts together into a cohesive whole. West 8 is already thinking about how to extend some of the features and functions of Soundscape Park, linking it to the Convention Center and other redevelopment areas. West 8's roles and responsibilities will include: • Conceptualize urban design strategy • Landscape architecture design • Outdoor Public Space design Primary leadership for the Miami Beach Convention Center District will be provided by Jamie Maslyn Larson, RLA, ASLA Principal and Partner. FENTRESS www.fentressarchitects.com Fentress Architects, who specialize in the programming, planning and functional efficiency design of convention centers, will support BIG and ensure that concepts can be executed on time and on budget. Fentress has designed more than 8 million square feet and $2 billion in convention space. The creation of inspirational architecture has been Fentress Architects' mission for more than three decades. Fentress's roles and responsibilities will include: • Convention center programming, phasing and functional aspects • Convention center renovation and expansion Primary leadership for the Miami Beach Convention Center District will be provided by Michael Winters, AlA, Principal. REVUELTA ARCHITECTURE INTERNATIONAL www.revuelta-architecture.com Revuelta Architecture International was founded with a commitment to provide clients quality designs balanced with sustainable and economically feasible solutions, delivered within stringent time schedules. Revuelta's roles and responsibilities will include: • Local architectural support • Architect of record as required Primary leadership for the Miami Beach Convention Center District will be provided by Luis Revuelta, LEED AP, Principal in Charge. PDIUMi\N HOI.DINGS + CMC GHOUP 593 KEY CONSULTANT TEAM Design and development are not the only expertise needed to realize a large mixed-use complex. Experienced consultants in the fields of finance, engineering·, management and even communication are key members of the team. Finance Traffic Civil Engineering Public Relations Construction Mgmt & . n CHAfiLEI CINNAMON PIPER JAFFRAY & CO. www.piperjaffray.com Piper Jaffray & Co. is a global, publicly traded investment banking firm (NYSE ticker: PJC) that provides a broad set of products and services, including public finance services; equity and debt capital markets products; mergers and acquisition advisory services; institutional equity and fixed income sales and trading; equity research; and asset management services. Piper Jaffray's roles and responsibilities will include: • Lead the effort in the structuring of any public investment in the project through a traditional or public/private solution Primary leadership for the Miami Beach Convention Center District will be provided by Peter Phillippi, Managing Director. DAVID PlUMMER & ASSOCIATES www.dplummer.com David Plummer & Associates offers complete civil engineering services, including transportation planning, traffic engineering, major highway /roadway design, minor structural engineering, signalization design, site civil engineering, as well as post-design services. The firm is based in Coral Gables, Florida. DPA's roles and responsibilities will include: • Traffic impact analysis Primary leadership for the Miami Beach Convention Center District will be provided by Timothy J. Plummer, President. SCHWEBKE-SHISKIN & ASSOCIATES www.shiskin.com Schwebke-Shiskin, a Florida veteran-owned firm, is a multi-discipline company offering comprehensive professional services in Civil Engineering, Land Surveying and Land Planning. The firm was founded in 1947 by Harry Schwebke and now employs approximately forty with its corporate office in Miramar, Florida. Roles and responsibilities will include: • All civil engineering on site Primary leadership for the Miami Beach Convention Center District will be provided by AI Tello and Mark Johnson, Principals. 16 PORTMAN + CMC GHOUP 594 T~~m O~G~NIZ~TION CMC CONSTRUCTION INC. www.cmcgroupmiami.com CMC Construction Inc. is a licensed general contractor that has constructed a number of CMC Group's projects and other third- party assignments. Roles and responsibilities will include: • Construction Management • Phasing analysis • Preliminary cost estimating Primary leadership for the Miami Beach Convention Center District will be provided by Tim Wensing, President. HDC INTERNATIONAL HDC International provides predevelopment through final construction services for select clients, including multiple convention centers such as the Gaylord Palms, Puerto Rico and the Renaissance Schaumburg Hotel and Convention Center. They specialize in the financial management of construction projects and their risk areas, from project inception to completion. Roles and responsibilities will include: • Preliminary cost estimating/budgeting • Scheduling • Scope description and review Primary leadership for the Miami Beach Convention Center District will be provided by Dale Cheek, Principal. CHARLES CINNAMON PR Charles Cinnamon is a publicist and Miami Beach vendor with more than fifty years of experience in the field of communications as it relates to entertainment and lifestyle. His roles and responsibilities will include: • Media, community and stakeholder relations PORTMAN HOLDINGS+ CMC GROUP 17 595 PORTMAN-CMC TEAM Portman-CMC is a partnership with over 80 years combined experience in the field of commercial real estate. The team is familiar with precisely what it takes to program, plan, finance and construct places that people want to experience in a variety of ways. This is why one of the world's most sought-after entertainment organizations, Cirque du Solei!, has agreed to partner exclusively with Portman-CMC in responding to the City of Miami Beach's RFO. It is also why Whitman Lazenby Properties, whose principals own and operate the highest producing retail facility per square foot in the nation, has also exclusively partnered with Portman-CMC. PORTMAN HOLDINGS Founded: 1953 p RTMAN HOL INGS Employees: 120 Throughout the past 60 years, Portman Holdings has raised and deployed over $6 billion and developed over 50 million square feet of premium real estate. The vertically integrated real estate development, investment, and management company commands a successful global network and has a proven track record with the world's top financial institutions. Portman Holdings specializes in hospitality, office, and mixed-use properties. The company continues to achieve success through investor, partner, and client relationships that deliver exceptional real estate projects and produce strong financial returns. Teams in our global offices seamlessly connect to develop, finance, and manage a diverse portfolio in the world's core and emerging markets. The legacy portfolio spans six decades and includes 15,000 hotel rooms, 28 million square feet of mixed-use developments, and several major urban landmarks across North America, Asia, and Europe. Independently and in partnership, the Portman entities currently own a diversified portfolio of real estate in excess of 10 million square feet and exceeding $1.5 billion in aggregate value. Portman Holdings' proven success over many years and real estate cycles provides strong support for the company's current investment platforms and acquisition, development, and management strategies. FINANCIAL CAPABILITIES: Portman Holdings, LLC, the respondent to the RFO, is wholly owned by the Portman Family. The activities of Portman Holdings are supported financially by Portman Financial Inc., a holding company owned by the Portman Family. As a privately owned company, Portman Holdings does not release financial statements. However, Portman principals will be glad to discuss the company's financial capabilities with City of Miami Beach officials at the appropriate time in the Miami Beach Convention Center District development process. Since Portman was founded, the company has raised over $6 billion in various debt and equity instruments to finance premier real estate developments throughout the world. In terms of equity capital, Portman has worked with major institutional capital sources such as pension funds, sovereign wealth funds, insurance companies, opportunity funds, domestic and international banking institutions, family offices and high net worth individuals. To source debt, the company has developed relationships with most major US and international banks. On recent developments, Portman Holdings has worked with capital partners and sources such as: -Starwood -San Diego National Bank -SunTrust Bank -Prudential -Skanska -Citigroup Property Investors -Samsung -AIG -Industrial and Commercial Bank of China -Hyundai -Kajima Corp. -ADIA f'ORTMAN hOUJINGS + GROUF 596 1 Below are a few examples of Portman's recent projects and experience in financing public-private and mixed use developments. • Portman House I Jian Ye Li will open in Shanghai this year. The $150 million mixed-use historical preservation redevelopment was financed with $75 million in private equity from Portman, HengFu Properties and Citigroup Property Investors, and $75 million in senior debt from the Industrial and Commercial Bank of China. • The Hilton San Diego Bayfront Hotel was financed privately. $100 million in private equity was contributed by a consortium consisting of Hilton, lNG Clarion, Portman Holdings and Phelps Development. San Diego National Bank provided a $243.6 million construction loan. • The $143.5 million Westin Charlotte hotel was developed through a public-private partnership between Portman and the City of Charlotte, which provided $25 million through the sale of taxable bonds and $16 million in a city grant. Bank of Nova Scotia was the lead lender. • Peachtree Center was built in several phases from 1961 through 1999. Throughout the process, Prudential, EES, Trammell Crow, Marriott and Portman invested equity in various buildings. Debt came from Citibank, Sun Trust, Wachovia (CMBS), Bank of America and Fleet Bank. To date, the 14-city-block complex cost $900 million to develop. • Between 1980 and 1990, Portman assembled financing for the $315.7 million Shanghai Centre. An international partnership of AIG, Kajima Corporation and Portman all provided equity financing for the project. Debt came from a large syndication led by Bank of China, Industrial Bank of Japan, and First Chicago Bank. • Singapore Land, Shing Kwan Investments, C.Y. Paul, Lim Soe Liang, and Portman provided equity financing for the $590 million Marina Square development in Singapore. Debt was provided by United Overseas Bank, Overseas Union Bank, and Post Office Savings Bank. • Embarcadero Center was envisioned by the San Francisco area government, but it was David Rockefeller, Prudential, Trammell Crow and Portman with equity financing, and Prudential and Bank of New York with debt financing, among others, who made the million project a reality in multiple phases between 1971 and 1989. Portman Holdings' key personnel on the Miami Beach Convention Center District project are outlined on the following pages. +CMC 597 ROGER ZAMPELL As senior vice president of development for Portman Holdings, Roger directs the company's domestic development efforts. He identifies and executes new real estate development opportunities with a focus on mixed-use development of hotel, office, residential, and retail centers. Since 1983, he has been responsible for the programming, design, construction and development of multiple domestic and international Portman Holdings' projects. Roger has worked extensively with project owners throughout Asia. He successfully directed Portman's efforts as owner /developer of The Westin Charlotte Convention Center Hotel, a public private partnership with the City of Charlotte, and the new 1,200 room Hilton San Diego Bayfront Hotel and parking garage in collaboration with the Port of San Diego. Roger's broad range of experience, from design to project management to business administration, imparts a unique perspective to project development. He holds a B.S. degree in architecture from Georgia Tech, a Master's degree in architecture from the University of Colorado, and an MBA from Emory University. A member of ULI, Roger is also a licensed architect in Georgia and California. He speaks frequently on the various aspects of design and development of hospitality and mixed-use projects. + CMC CF~OUP 598 PORTMAN HOLDINGS EDUCATION B.S. Architecture-Georgia Tech M.A. Architecture-University of Colorado MBA-Emory University EXPERIENCE 39 years PORTMAN H OLD!NGS EDUCATION Bachelor of Commerce (Honors)- University of Rajasthan, India MBA-Melbourne Business School, Australia EXPERIENCE 17 years AFFILIATIONS: Real Estate Round Table Georgia State University J. Mack Robinson College of Business Real Estate Department Honorary Board Member AMBRISH BA!SIWALA ChiE:f Officer Ambrish is responsible for the management and profitability of Portman Holdings. He oversees the overall operations of Portman Holdings, including real estate development, investment, and capital raising across the US, China, India and South Korea. Ambrish joined Portman Holdings in 2006. Ambrish brings over 17 years of global real estate experience to his role at Portman. Prior to joining Portman, he was Development Director of ALDAR Properties PJSC in Abu Dhabi, UAE, where he was responsible for a development portfolio in excess of $30 billion. Earlier in is career, he was Development Manager for the Greater Union Organization for the Middle East and India. Prior to that, Ambrish held various senior positions with Coopers & Lybrand Consulting and the TATA Group. Ambrish has worked in the USA, India, the Middle East, South East Asia, and Australia, across a broad spectrum of property types and responsibilities. His broad geographic and work exposure brings a strong corporate strategy and property development skill set to Portman Holdings. Ambrish has a Bachelor of Commerce (Honors) degree from the University of Rajasthan, India, and a MBA from the Melbourne Business School, Australia. PORTMAN HOLDINGS + CMC GROUP 599 RICHARD JONES Chief Operating Officer Richard is responsible for leading Portman Holdings' global asset management and property management functions and works closely with Portman's teams in the US, China and India supporting the execution of ground-up development, acquisitions, and capital raising. Richard has over 20 years of diverse hospitality and commercial real estate experience spanning operations, asset management. and development. Prior to joining Portman Holdings in 2005, Richard worked for some the most respected hotel development management companies in the industry, including Hardin Capital, Noble Investment Group, and Marriott International. He studied economics at Louisiana State University, and is an active member of the Hospitality Asset Management Association. PORTMAN HOLDlNGS "' CiviC GHOUP 600 PORTMAN HOLDINGS EDUCATION Louisiana State University EXPERIENCE 20 years AFFILIATIONS: Board of Directors, Central Atlanta Progress Board of Advisors, Metro Atlanta Chamber 26 PORTMAN HOLDINGS EDUCATION B.B.A. Real Estate-Georgia State University Georgia State University: • Endowment Fund Board of Trustees and Real Estate Committee • Real Estate Department Honorary Board of Directors • Graduate-level Instructor-Real Estate Capital Markets EXPERIENCE 27 years AFFILIATIONS: FINRA Securities-Series 24, 7, and 63 UL! Atlanta Board Member and Capital Markets Chairman JEFF WARWICK Managing Director-US Jeff leads aU aspects of the company's domestic hotel, office, and mixed-use acquisitions platform. Working closely with the company's asset management and capital teams, Jeff is responsible for sourcing and executing new deals across target markets as well as representing the company with third parties, including global and local partners, and other key relationships. Additionally, jeff interacts wlth Portman's international business in capital raising and investor relations. Before joining Portman Holdings in 2011, Jeff served as a senior real estate commercial/investment banker and business manager at Bank of America Merrill Lynch. As a Region Executive, Jeff developed and led a multi-$B line of business focused on middl!:rmarket real estate companies and large commercial projects throughout North America. As Managing Director, Jeff developed and led a multi- $B line of business focused on public real estate companies, REIT IPO/LBOs, M&A, and asset acquisitions throughout North America. Jeff has individually originated, structured, and closed over $50 billion in on- balance sheet debt capital and has 27 years of senior leadership experience in commercial real estate, capital markets, and financial services. Through numerous IPOs and corporate real estate acquisitions, Jeff has served as a trusted capital markets advisor to the CEOs/CFOs of well-known public and private companies, across multiple cycles, markets, and products. He earned a bachelor's degree in real estate from Georgia State University where he serves on the GSU Foundation (Endowment Fund) Board of Trustees and Real Estate Committee, on the Real Estate Department Honorary Board of Directors, and as a graduate-level Instructor of real estate capital markets. As a full member of ULI, Jeff has served as Chairman for the Capital Markets and Sponsorship Committees of Ull Atlanta. jeff holds FINRA Series 7, and 63 securities licenses, is a frequent real estate conference speaker, and is active as a leader in numerous industry and community organizations. PORTMAN HOLDINGS + CMG GROUP 601 CMC GROUP Founded: 1987 Employees: 50 Headquartered on Brickell Avenue in Miami, Florida, CMC Group is a full-service real estate development, construction, and investment company, and is recognized as one of South Florida's premier luxury condominium and commercial developers. Founded by Ugo Colombo in 1987, CMC Group is thoroughly skilled in the various disciplines necessary to succeed in today's real estate market. CMC's management expertise and experience in acquisition, financing, construction and marketing, coupled with its financial resources, have resulted in development of numerous successful projects and provides the framework for CMC's continued growth and success. During the past twenty-five years, CMC has focused on Miami-Dade County's most dynamic markets-Brickell Avenue, Aventura, South Beach and Coral Gables. Recognizing Brickell Avenue's potential, CMC developed Brickell's first new luxury condominium building in nearly ten years, Bristol Tower. Completed in September 1993, Bristol Tower enjoyed tremendous success and led to CMC's development of Santa Maria, a 174-unit luxury condominium on Brickell Avenue north of Bristol Tower. Rising 52 stories, Santa Maria remains the premier residential condominium building in South Florida. In 1994, CMC formed a joint venture with Turn berry Associates to develop Porto Vita in Aventura, Florida. Located on the Intercoastal Waterway adjacent to the Turn berry Resort and Country Club and Turnberry Isle, this luxury 374 unit luxury residential development includes waterfront townhomes, two (2) mid-rise condominium buildings, (2) high-rise condominium towers and the 35,000 square foot Villa Grande Club, which includes a European spa, two restaurants and other recreational amenities. The final building, the 122-unit North Tower, was completed in 2004. CMC also was a major force in the rejuvenation of South Beach. CMC acquired, renovated and operated the Waldorf Towers Hotel. After the sale of Waldorf Towers, CMC purchased two old, Art Deco-style properties and developed Casa Grande, a 34-unit condominium/hotel/retail property on Ocean Drive. This ambitious project consisted of the demolition of the previous structures and reconstruction of Casa Grande while maintaining the historic facades. In 2001, CMC Group completed 4000 Ponce/The Collection, a mixed-use development in Coral Gables, Florida. This 815,000 square foot development includes 150,000 square feet of class A office space, 33,000 of retail space, and The Collection, a seven- franchise luxury automobile dealership (Jaguar, Porsche, Ferrari, Maserati, Aston Martin, Audi, Mclaren). This project anchors the former Coral Gables Industrial District, which is a major South Florida retail and office destination with 4000 Ponce/ The Collection and the Village of Merrick Park, a 1 million square foot office/retail/residential development. CMC's most recent development projects were Grovenor House, a 166-unit luxury condominium in Coconut Grove, and Epic Residences and Hotel, a 55-story luxury condominium and hotel in downtown Miami. Completed' in 2006, Grovenor House is a 32-story condominium tower located on South Bayshore Drive in the heart of Coconut Grove. With its stunning architecture and nautical-inspired common areas designed by Italian architect Michele Bonan, Grovenor House achieved the highest price per square foot in this market and remains the most desirable address in Coconut Grove. Completed in 2008, Epic Residences and Hotel set a new standard for luxury in downtown Miami. Located at the mouth of the Miami River, Epic Residences and Hotel includes 3421uxury condominium units and a 411-room hotel (and related amenities) in a 55-story tower designed by renowned architect Luis Revuelta. Epic Hotel is managed by Kimpton Hotels and Restaurants and includes the internationally-acclaimed Zuma Restaurant and an Exhale Spa. Epic Hotel has received several awards from both Conde Nast and Travei+Leisure Magazine and the Epic Residences continues to lead the downtown and Brickell new condominium markets. PORfMAN + Civ1C 602 An affiliate of CMC Group, CMC Construction, Inc., is a licensed general contractor that has constructed a number of CMC Group's projects and other third-party assignments. CMC Construction built both the Casa Grande Hotel and the Pelican Hotel on South Beach's Ocean Drive. CMC Construction also constructed Porto Vita's South and North Towers (both 27-story luxury condominium buildings), 4000 Ponce/The Collection in Coral Gables and, most recently, Grovenor House, a 166-unit luxury condominium tower in Coconut Grove, Florida and Epic Residences and Hotel in downtown Miami. Financial Capabilities: CMC Group has raised in excess of $1.25 billion in equity and debt financing to fund its various development projects. CMC has worked with a number of private and institutional investors to provide equity and has obtained construction and permanent financing from a number of construction and other lenders. These lenders include Bank of America, Banco Santander, HSBC, BNY I Mellon, Wells Fargo, Regions Bank/Union Planters Bank, Union labor Life Insurance Company, National Electrical Benefit Fund, Transamerica Life, Colonial Bank/BB& T, and City National Bank. These loans have ranged in size from $40 million to $280 million and all such financings were either repaid in full or remain in good standing. CMC Group's key personnel on the Miami Beach Convention Center District are outlined on the following pages. PORTt·,AAN -+ CMC GROUP 603 UGO COLOMBO Founder Ugo Colombo was born in Milan, Italy and came to the United States in 1983. His real estate career began while he was studying at the University of Miami and he managed condominiums for non-resident owners at the Imperial on Brickell Avenue. Soon after graduating with a degree in business administration, he acquired the remaining unsold inventory in the Imperial and conducted a highly successful sell-out of the property. This initial foray in real estate led to Mr. Colombo's emergence as one ofthe most respected residential and commercial developers in South Florida. After the Imperial project and the acquisition and sell-out of the Villa Regina Condominium with Trammell Crow, Mr. Colombo focused on the design and construction of high-rise luxury condominium buildings. The result was the development of Bristol Tower and Santa Maria on Brickell Avenue. Both of these buildings-40 and 52 stories respectively-have become landmarks on the Miami skyline and have redefined the high-rise luxury condominium market in South Florida. Mr. Colombo entered into a joint venture with the Soffer family of Turnberry Isle to create the ultimate in country club living, Porto Vita. Porto Vita consists of a total of 374 residences in a Mediterranean-style village in Aventura. This gorgeous 18-acre waterside property has already attracted notable attention, with residences ranging from $750,000 to $2.5 million, and the 35,000 square foot Villa Grande Club. In 1994, Mr. Colombo acquired The Collection, a luxury automotive dealership franchise, which now includes Jaguar, Porsche, Ferrari, Maserati, Aston Martin, Audi and Mclaren, and is one of the top performing luxury car dealerships in the United States. At the time of his acquisition, The Collection's total annual revenues were approximately $60 million. Under Mr. Colombo's ownership, total revenues have increased more than five times with 2012 revenues projected to exceed $320 million. In 2001, CMC Construction completed a 815,000 square foot mixed-use office/ retail/dealership facility in southern Coral Gables for The Collection and third-party office and retail tenants. In 2002, Mr. Colombo formed Glasswall lLC, a window manufacturing company, to supply impact-resistant window systems for high-rise condominiums and other commercial properties. Glasswall has developed a number of impact-resistant window systems which exceed Miami-Dade County's stringent testing criteria and are approved for new projects throughout Florida. G!asswal! manufactures its window systems in Miami-Dade County and has recently completed projects in Aventura, Coral Gables, Miami Beach, Coconut Grove and Miami. Mr. Colombo's most recent development successes include Grovenor House, a 166- unit luxury condominium project in the heart of Miami's Coconut Grove community (which was completed in 2006) and Epic Residences and Hotel, a 55-story luxury condominium and hotel in downtown Miami. includes 342 luxury condominium units and a 411-room hotel managed by Kimpton Hotel and Restaurants and is located on the site of the former Dupont Plaza. PORTMAN HOLDINGS + CMC GHOUP 604 EDUCATION Business Administration-University of Miami EXPERIENCE 30 years 49 EDUCATION B.A. Economics-Harvard College EXPERIENCE 25 years ART MURPHY Officer As Chief Financial Officer of CMC Group, Inc., Art is responsible for all financial, legal, risk management and corporate matters for this real estate development company. Since joining CMC Group in 1993, Art has overseen CMC's development activities , structured numerous joint ventures with both institutional and private investors, and arranged in excess of $1.25 billion of constructfon and permanent debt financing for the company's projects. Prior to joining CMC Group, Art was a Vice President in the Real Estate Department of Sumitomo Trust & Banking Company and managed a real estate loan portfolio of approximately $2 billion for the New York Branch. At Sumitomo, he oversaw all underwriting, loan administration, internal and external loan funding, and borrower communication and marketed commercial real estate loan and equity products in the United States and Japan. He also supervised the workout of several problem and non-performing loans. Art graduated with a BA in Economics from Harvard College. PORlM.AN HOLDINGS + CMC GROUF 605 ESTHER THURMON Vice of Esther is focused on financial reporting and cash management for the entire CMC organization. Her team works closely with lenders, investors and partners to develop financial reports that meet the requirements of each transaction. She interfaces directly with all of the sales teams from the beginning of a project until all units have closed. Esther was directly responsible for development of virtual software that allows the sales team to track sales and buyer demographics, as well as originate contracts and generate sales reports. Esther has more than 28 years of experience in real estate development and construction accounting. A native of Georgia, she attended the University of Georgia as well as Georgia State University in Atlanta. After joining Metro Development Group in Atlanta in 1983, she was transferred to Florida to open a new office in Boca Raton. She was later hired by Trammell Crow Residential to head the accounting department of their For Sale Housing division. In 1991, after Trammell Crow completed the Villa Regina Condominium in partnership with Ugo Colombo, Esther joined the CMC Team. Her staff has experience in every aspect of real estate accounting, including property management. They have worked with the most prestigious lenders and have handled the accounting for, and repayment of, over $1 billion of construction and development financing. Her two Controllers have each been with CMC for over 15 years, completing the core of a strong, experienced accounting group. + CMC GROUP 606 EDUCATION University of Georgia Georgia State University EXPERIENCE 28 years EDUCATION B.S. Construction-Bradley University LICENSE Florida General Contractor License GGC 1517267 EXPERIENCE 30 years TIM WENSlNG President of CMC As the president of CMC Construction, Tim defines the strategies for managing each project that incorporate the needs and expectations of all stakeholders. Tim has extensive experience in management of the overall design process from concept to completion, including assembly of the design team, management team and the performance and coordination of the architects, engineers, and consultants. In addition Tim takes the lead developing comprehensive cost estimates and budget strategies, including constructability reviews and value engineering alternatives. Tim has played lead roles in a series of projects that define the skyline of Miami. Early in his career Tim was trained and certified as an instructor of the Total Quality Management approach to building. This foundation has been a cornerstone of the philosophy deployed on numerous projects over a 30 year career. Born and raised in a construction family, Tim has literally been in the construction business all his life. After graduation from Bradley University in Illinois, Tim began his career estimating projects across the Western United States for Kitchell Contractors based in Phoenix, Arizona. He then moved on to 18 year stay with the global contractor Bovis Lend Lease, focusing on projects primarily in the Southeastern United States. While at Bovis, Tim worked in a variety of progressive roles culminating with his role Vice President of Operations for Florida. In 2003 Tim became the President of CMC Construction. Over the course of his career there has always been a focus on the continuous refinement of the process deliverables that support a synergistic approach to team building. This dedication to the process has enabled the successful completion of large and complex projects such as the Four Seasons Hotel & Residences in Miami, Universal Studios in Orlando, Epic Residences & Hotel in Miami, and a series of luxury high rise residential endeavors. "Begin with the end in mind" is a habit instilled in ~is core approach to building and in building teams that communicate and cooperate to make the vision of the owner and design team into a reality. POR1MAN HOLD!NGS + CMC GROUP 607 CIRQUE DU SOLEIL RQ!JE DU SOLEIL Founded: 1984 Employees: 5,000 From a group of 20 street performers at its beginnings in 1984, Cirque du Solei! is a major Quebec-based organization providing high-quality artistic entertainment. The company has 5,000 employees, including more than 1,300 artists from more than 50 different countries. Cirque du Solei! has brought wonder and delight to more than 100 million spectators in more than 300 cities in over forty countries on six continents. Cirque du Solei! International Headquarters are in Montreal, Canada. THE MISSION The mission of Cirque du Soleil is to invoke the imagination, provoke the senses and evoke the emotions of people around the world. THE CREATION OF CIRQUE DU SOLEIL It all started in Baie-Saint-Paul, a small town near Quebec City in Canada. There, in the early eighties, a band of colourful characters roamed the streets, striding on stilts, juggling, dancing, breathing fire, and playing music. They were Les Echassiers de Baie-Saint- Paul {the Baie-Saint-Paul Stiltwalkers), a street theatre group founded by Gilles Ste-Croix. Already, the townsfolk were impressed and intrigued by the young performers -including Guy Laliberte who founded Cirque du Solei!. The troupe went on to found Le Club des talons hauts (the High Heels Club), and then, in 1982, organized La Fete foraine de Baie- Saint-Paul, a cultural event in which street performers from all over met to exchange ideas and enliven the streets of the town for a few days. La Fete foraine was repeated in 1983 and 1984. Le Club des talons hauts attracted notice, and Guy Laliberte, Gilles Ste- Croix and their cronies began to cherish a crazy dream: to create a Quebec circus and take the troupe travelling around the world. In 1984, Quebec City was celebrating the 450th anniversary of Canada's discovery by Jacques Cartier, and they needed a show that would carry the festivities out across the province. Guy Laliberte presented a proposal for a show called Cirque du Soleil (Circus of the Sun), and succeeded in convincing the organizers. And Cirque du Solei! hasn't stopped since! A FEW STATISTICS • In 1984, 73 people worked for Cirque du Soleil. Today, the business has 5,000 employees worldwide, including more than 1,300 artists. • At the Montreal International Headquarters alone, there are close to 2,000 employees. • More than 100 types of occupations can be found at Cirque. • The company's employees and artists represent more than 50 nationalities and speak 25 different languages. • More than 100 million spectators have seen a Cirque du Solei! show since 1984. • Close to 15 million people will see a Cirque du Solei! show in 2012. • Cirque du Solei! hasn't received any grants from the public or private sectors since 1992. CIRQUE DU SOLEI~S AREAS OF ACTIVITY In 2012, Cirque du Solei! will present simultaneously 22 different shows around the world. Its challenge is to continue to grow while offering its creators the freedom to dream the wildest dreams and make them come true. The heart of Cirque du Soleil's activity remains creating live shows and presenting them under big tops or in theatres. Since 1984, close to 200 creators from the four corners of the globe have contributed their talents to this end. POF<:Hv1 . .<\N HOLDINGS + Ch/C GROUP 608 In the past few years Cirque du Solei! has been developing business initiatives based on its shows. Through its Events and Images division: 1. Cirque du Solei I creates original and innovative content for movie theatre, television and DVD. Its creations have been awarded numerous prizes and distinctions: among them are Cirque du Solei! presents Corteo {Em my and Gemeaux in 2007); Midnight Sun {DVD Excellence Award in 2006 and a Gemini Award in 2005); Cirque du Solei! Fire Within (DVD Excellence Award in 2005, a Primetime Emmy Award and two Gemini Awards in 2003); and Cirque du Soleil Presents Dralion {three Primetime Emmy Awards in 2001 ). 2. Cirque du Solei! has acquired extensive experience in organizing unforgettable private gatherings as well as major public events (World Expo Shanghai China 2010, Zaragoza 2008, the show-event for the 400th anniversary of Quebec City). For the past few years the Cirque du Solei! Events team has brought its creativity to a most discriminating clientele with the same energy and spirit that characterizes each of the company's shows. Cirque du Solei! is offering a full range of products for retail sale under the Big Top, at resident show boutiques and on the Internet, Cirque du Solei! is seeking reliable partners to design, develop, market and distribute unique products which will bring "artful living" into the daily lives of Cirque du Solei! aficionados. Cirque du Solei! is also diversifying its commercial activities by targeting another niche: licensing. The organization also wishes to extend its creative talent to other spheres of activity. With the collaboration of business partners, Cirque du Soleil is developing innovative projects, particularly in the field of hospitality (restaurants, bars, spas, etc.). Through its own unique approach, Cirque du Solei! extends its creative energy to other types of initiatives in order to create a new form of entertainment: (e.g The REVOLUTION LOUNGE at The Mirage and the Gold Lounge at ARIA Resort & Casino at CityCenter in Las Vegas, as well as Desigual clothing and accessories collection). Cirque du Soleil's key personnel for the Miami Beach Convention Center Project are outlined on the following pages. PORTMAN HOLDINGS+ GROUP 609 CIRQldE DU EDUCATION Bachelor of Communications- of Ottawa EXPERIENCE Over 40 years l. DANIEL LAMARRE Pn-::sitlent and OfLcer As President and Chief Executive Officer of Cirque du Solei!, Daniel Lamarre is in charge of strategies both at the business development and operations level. He also sees to the organization's financial sustainability, and the perpetuation of its culture and values. Before joining Guy Laliberte's team in January 2001, he served as president and CEO of TVA Group, Quebec's largest private television broadcaster, for nearly four years. In addition to his day-to-day management duties, he was also responsible for strategic planning and business development. While sitting on the TVA Group board of directors, he also served on the boards of McDonald's Restaurants of Canada and the Canadian Association of Broadcasters, and helped administer the Montreal Heart Institute Research Fund. From 1984 to 1997, Daniel Lamarre worked with National Public Relations, first as executive vice-president and senior partner, then as president starting m 1995. He became president and CEO of Burson-Marsteller in 1981, and opened a first Montreal branch for this, the world's largest PR firm. In 1977, he served as public relations director for the cable operator Cogeco. Before that, he was communications director for the Federation des Caisses Populaires du Centre du Quebec. Before taking up his management duties in the world of communications, he worked as a journalist for over 10 years. He started out with the Trois-Rivieres daily Le Nouvelliste, then moved on to Radio-Canada in Ottawa. He holds a Bachelor of Communications from the University of Ottawa. HOLDINGS +--GROUP 610 BOUCHARD Jean-Frangois Bouchard has many years of experience in design and a solid artistic and technical background. In 1982, armed with a college degree in civil engineering and additional science courses, he joined the new environmental design program offered by the Universite du Quebec a Montreal. As part of his studies, he designed a prototype for a backpack that converted into a tent -and the finished product was purchased by the U.S. Army! Upon graduation in 1984 he started his own design company which rapidly found success in the Montreal area. Between 1985 and 1990 he designed interiors for several financial institutions, including branches of the Bank of Nova Scotia and the Royal Bank. Between 1990 and 1995, his designs set the tone and atmosphere of a dozen downtown Montreal bars and restaurants. He followed this with designs for shops and exhibition stands specializing in the field of fashion. Jean-Frangois joined Cirque du Soleil in 2001, following three years as a freelance contributor. He first made his mark with the design of the boutique connected with the La Nouba theatre in Downtown Disney West Side in Orlando. He was then appointed Senior Director of Creation and became a key member of Cirque's Special Events design team. His most recent projects include The Beatles REVOLUTION LOUNGE at The Mirage and the Gold Boutique Nightclub and Lounge at Aria Resort & Casino in Las Vegas. In 2010 Jean-Frangois was named Vice President, New Show Creation and in 2012 he became Vice President, Creation and Development. His role is to support the company's creative ventures and includes the assignment of challenging opportunities to talented young designers. "IRIS uses a perfectly adapted language of acrobatics as a framework," says Jean- Frangois Bouchard. "That enables the show to present its theme of cinema as seen through the double prism of Cirque du Soleil and the world of its director, Philippe Decoufle." 611 CIRQ!JE DU EDUCATION • Civil Engineering-CEGEP de Rimouski • Environmental Engineering- Universite du Quebec a Montreal I I ~ I I I~ ' ' DU SOLEIL EDUCATION • Bachelor of Civil Engineering, Poly- technique Montreal • MBA, HEC Montreal MARTIN BOUDREAU Director Martin Boudreau joined Cirque du Soleil in 2003 as a business analyst. Over the years, Martin's professionalism and expertise, combined with his engineering and business background earned him the trust of his peers and business partners as well as the position of Director of the Lifestyle division, which has for mission to create and develop non-core ventures by leveraging the Cirque du Soleil Brand. As Director of Lifestyle, Martin has lead many large-scale projects, including a projected revamp of the Jackie Gleason Theatre. This allowed Martin to spend considerable time in Miami Beach, develop meaningful relationships with locals as well as get a solid grasp of the City and its surrounding's cultural, real estate and commercial markets. Martin has also developed and supervised many other projects such as the Revolution lounge, Gold Lounge and The Art of Richard MacDonald galleries in las Vegas. Currently, many more projects are under development in Russia, Mexico and the United States. + CMC GROUP 612 WHITMAN LAZENBY PROPERTIES Founded: 1965 Employees: 100 Whitman Lazenby Properties is a subsidiary of Bal Harbour Shops. Bal Harbour Shops: The Favorite Shopping Mecca for Fashion Aficionados Bal Harbour Shops Ranked the number one most productive shopping center in America by Women's Wear Daily, Bal Harbour Shops has long been recognized as the country's most exclusive fashion center. Anchored by Neiman Marcus and Saks Fifth Avenue, Bal Harbour Shops was the location Neiman Marcus chose for its very first store outside of Texas and was the very first shopping center in the country to have both a Neiman Marcus and a Saks Fifth Avenue in the same property. The lushly landscaped, 400,000 square foot, open-air shopping center is home to a coveted list of over 100 high-end retailers -the world's foremost names in luxury and fashion -and attracts the most discerning customers and tourists from around the nation and the globe. PoFnrv1AN HOLDINGS .,. CtAC 613 86 EDUCATION University of North Carolina Chapel Hill -Bachelor of Arts in English, 2000 University of Miami Candidate, Master of Real Estate Development+ Urbanism (2012) EDUCATION Over 10 years MATIHEW WH!TMAN LAZENBY Partner "Growing up, I was a kid who hated shopping," says Matthew Whitman Lazenby, Operating Partner for Bal Harbour Shops, founded by his grandfather, Stanley Whitman, nearly fifty years ago. Clearly, that has changed. Today, Lazenby is at the helm of the country's most productive shopping center, which continues to surpass its own personal best sales records year after year. A Miami native, Lazenby was a constant fixture at Bal Harbour Shops, ,even in his early years -often having lunch with his grandfather and uncle, Randy Whitman, who serves as Managing Partner. "When I matured and began to better understand how the company works, and better appreciate the values and standards set by my grandfather back in the 1950s, it was determined that one day I, too, would become part of the family business," states Lazenby. "All three of us agreed that my career should begin outside of Bal Harbour before coming on board." After graduating from University of North Carolina -Chapel Hill, and teaching English Literature at St. Thomas Episcopal School in Miami, his alma mater, Lazenby moved to New York City to work for Robert K. Futterman & Associates, where he was immersed in the retail industry, familiarizing himself with the luxury brands. It was here that he honed his skills from a tenant's perspective when it came to selecting sites and negotiating with landlords. Lazenby took this experience to work as a leasing agent for The Taubman Company, a publicly- traded Real Estate Investment Trust (REIT), headquartered in Bloomfield Hills, Mich. "This opportunity gave me great insight from a landlord's point of view," states Lazenby. "It also made me appreciate the unique way that Bal Harbour Shops is run from a business perspective. Luxury means exclusivity, which has been my grandfather's mantra for fifty years. Huge retail conglomerates are fueled by constant growth -especially those who have to make reports to Wall Street, with a roomful of shareholders to answer to -but in luxury, that can potentially cheapen the product absent unrelenting focus on the distant future. Luxury demands a long-term view." In August 2003, it was time for Lazenby to join Bal Harbour Shops as Leasing Agent, soon rising to Director of Leasing/General Partner and now, Operating Partner. In this capacity, he represents ownership in all development, leasing, operational and asset management issues and spends much of his time furthering the center's expansion plans. In addition, Lazenby is also currently pursuing a master's degree in real estate development at the University of Miami. Lazenby is a member of numerous trade groups and is active in community organizations, including the Urban land Institute, the International Council of Shopping Centers, Mount Sinai Hospital's Foundation Board and Miami Country Day School's Board of Trustees, where he serves as its Secretary. F'ORfMAN HOLDINGS + CMC GROUP 614 D~~IGN P~O+~BION~U JOHN PORTMAN & ASSOCIATES Founded: 1953 PORTMAN & Ass J CIATES Employees: 52 John Portman & Associates, Inc. (JPA) is an internationally recognized architectural and engineering firm with offices in Atlanta, Georgia and Shanghai, China. Established in 1953, JPA has nearly 60 years of expertise in designing offices, hotels, universities, trade marts, and mixed-use urban complexes. The firm provides design services in architecture, master planning, programming, structural engineering, and project management around the world. JPA professionals are a diverse group of talented people from many countries and cultures, each chosen for his or her talent, expertise, and commitment to the highest standards of quality in design and service. In addition, the specialized consultants we work with have considerable international project experience, creating an even more valuable and insightful team. JPA strives for an architecture that is more than just the design of a building, but rather a creation of a place for people, that consciously uplifts a person through an enhancement of the human condition. Vision, creativity, and an entrepreneurial spirit are the fundamental factors that influence our design philosophy. Understanding human values and the human response to space, nature, and light is integral to the work. Nature and space -both external and internal -are indigenous to the firm's architectural approach. The firm's architecture transcends national borders by striving for universal human appeal. The mid-1970s began the expansion of the firm's work internationally. And soon after receiving major commissions in Singapore -work in Hong Kong, Shanghai, Kuala lumpur and Jakarta followed, resulting in the establishment of a Hong Kong office in 1988. Clients have responded well to the firm's architectural approach that creates a 'place for being' in the midst of the congested city: culturally sensitive places that are designed for life -livable and stimulating. With the establishment of the Shanghai office in 1993, JPA became one of the first foreign architectural firms to do work in China. liaising between clients in China and the Atlanta headquarters office, the Shanghai office has been paramount in facilitating the design of numerous projects in China and East Asia, including large mixed-use projects, stand-alone office towers, cultural centers, marts, and large residential developments in the cities of Shanghai, Beijing, Seoul, Jakarta, Kuala lumpur, Hanoi and Ho Chi Minh City. The firm aspires to integrate design excellence with economic feasibility. Development knowledge and ownership interests give the firm a unique perspective on the economic aspects of the design process as it resolves how to turn visionary ideas into practical realities. This broad knowledge base has been useful in providing added value to independent clients. JPA design solutions are an integrated expression of function, purpose and sensory experience conceived in a holistic fashion to make perfect sense. Over time, the basis for our philosophy toward design has remained unchang~d. This strong belief in how design should evolve and relate to people on a human level has sustained us and provided the world with significant and memorable projects. JPA's key personnel on the Miami Beach Convention Center District project are outlined on the following pages. ··· Clv1C GROUP 615 jOHN PORTMAN & ASSOCIATES PROPOSED PROJECT ROLE Design Visionary YEARS OF EXPERIENCE 62 YEARS WITH FIRM 59 EDUCATION Georgia Institute of Technology Bachelor of Architecture, 1950 REGISTRATIONS Registered Architect in 18 States • Georgia #RA000788 • Registered Engineer in Georgia- #1009 • Registered Interior Designer in Texas-#8644 JOHN PORTMAN, FAIA, NCARB Founder & Chairman I Portman & Associates Recognized throughout the world for his innovative design, John Portman did not always follow traditional paths. Always eager to try new concepts, early in his career he pioneered the role of architect as developer to allow more freedom in implementation of his design concepts. His keen business sense and entrepreneurial spirit enabled him to develop many profitable projects. SUCCESSFUlLY MARRYING AESTHETICS AND PRAGMATICS His impact is greatest on his hometown of Atlanta where today the 14-block Peachtree Center complex attests to his commitment to the downtown business district and includes many of his landmark projects. Peachtree Center began in 1960 with the opening of the Atlanta Merchandise Mart. The Mart has since grown to become AmericasMart, the world's largest single wholesale marketplace. By stimulating trade and tourism, Portman was the catalyst that established Atlanta as one of the nation's premiere convention cities. His three major downtown hotels, the Hyatt Regency, Westin Peachtree Plaza, and Marriott Marquis, anchor the convention district. From the opening of the Hyatt Regency Atlanta in 1967, with its 22-story atrium, Portman made architectural history and won international acclaim. Paul Goldberger of The New York Times wrote "He (Portman) is the only architect of his era to create not only a series of significant buildings, but a new urban type." Paul Gapp of The Chicago Tribune wrote at the time, "The most influential living American architect is John Calvin Portman, Jr." further adding "Countless other architects have copied him but the music just isn't the same." ARCHITECTURE FOR PEOPlE A strong belief in how design should evolve and relate to people on a human level has always guided Portman. Recognizing people as creatures of nature, perceiving their environment through the five senses, Portman learned to weave elements of sensory appeal into his designs in order to reach those innate responses that govern how a human being reacts to their environment. In this way, he creates spatial experiences that all people instinctively find harmonious. His success around the globe is tied to this ability to create architecture featuring universal human appeal. Portman is best known for his urban mixed-use complexes wherein his understanding of people and their response to space translates into enhanced environments and award-winning architecture. From Embarcadero Center in San Francisco and Times Square in New York to Marina Square in Singapore and Shanghai Centre in China, he has taken people away from the congestion of urban life to create spaces that are open and uplifting to the human spirit. GREEN BEFORE GREEN WAS COOL The truth is, long before LEED, Green Mark, ISO 14001, or other sustainability standards were part of the industry's vocabulary, Portman designs endeavored to enhance the human experience. Because Mr. Portman is an architect,developer and owner, Portman-designed buildings have always been state-of-the-art for their time, smartly designed for the long-term, with an owner's sensibility to be energy efficient and economical to operate and maintain. While most developers aim to PORTMAN HOLDINGS + CMC CROUe' 616 build and sell as quickly as possible, take the profit and move on to the next project, Portman has never taken that approach. Many of the advanced features incorporated into a Portman building's design and operating systems have become common practice today. It clearly underscores his forward-thinking approach to design. CONTEXTURAL DESIGN Because John Portman believes that a design is required to take its cues from the historic elements of the surrounding architecture to create a modern yet sensitive response, site factors remain a critical part of his pre-design analysis work. He has successfully employed this approach around the globe, from ancient China to San Francisco's Union Square, and from exotic India to bucolic Statesboro, Georgia. By taking into account key site planning factors, he ensures that a new design becomes an integral component of the existing environment and that it responds the physical opportunities and constraints of the site. This strategy not only benefits the project, but also increases the aesthetic appeal of the neighborhood, thus providing a catalyst for the growth of the surrounding area. ART & ARCHITECTURE Since his first project in 1953, where he personally made his first sculpture commission, John Portman has been committed to incorporating art in all his projects, thereby making art an integral part of their success. The people of Atlanta continue to enjoy his contributions to the arts, from the magnificent bronze lions by Olivier Strebelle he commissioned for Peachtree Center Avenue to Paul Manship's towering Ballet Olympia on Peachtree Street. His love of art is evident in all that he does. He supports the arts, he collects, and he, himself, is a painter and sculptor. The High Museum of Art Atlanta exhibit, John Portman: Art & Architecture (October 2009 -April 201 0), currently on tour throughout the world, includes approximately fifty-five works of art created by Portman since 1981, most of which have never been exhibited in public. In 1997, he was inducted as an Academician of the National Academy- Museum and School of Fine Arts in New York. In 1996, the Angel Orensanz Foundation elected him Member of the Senate of the Accademia lnternazionale d'Arte Moderna. He has served as a board member of the Atlanta College of Art, and is Trustee Emeritus of the Atlanta Arts Alliance. He has also served as a Director of the Atlanta High Museum of Art. INTERNATIONAl ACCLAIM Throughout his long career, John Portman has been recognized with awards and accolades ~ far too many to list them all here. For instance, The Georgia Institute of Technology, his alma mater, presented him their highest the Exceptional Achievement Award in 1986, and the Horatio Alger Association gave him the Horatio Alger Award in 1990 , His numerous architectural awards include a lifetime achievement award from the Council on Tall Buildings and Urban Habitat in 2009, the Silver Medal Award in 1981 from the AlA Atlanta Chapter for innovative design, and AlA Medal in 1978 from the National American Institute of Architects innovations in hotel design. PUBLICATIONS OF NOTE Six major books feature Mr. Portman's work; FORM, published in 2010 by Publlshing; John Portman.' Art and published by the High Museum of Art, Atlanta, in association with the University of Georgia Press in 2009; The Master Architect series IV, John Portman and Associates, by Images Publishing in 2002; John An Island on an Island, published by' L'Arcaediz!oni in 1997; John Portman, published by L'Arcaedizioni in 1990; and The Architect as Developer co-authored by Portman wlth """~""m Barnett and published by McGraw Hill in 1976. Countless magazines, textbooks and professional journals have also featured Portman projects or articles specifically about John Portman -again, too many to list them all here. RELEVANT EXPERIENCE Mr. Portman has actively in the design of every in the nearly history of john Portman & including all the projects showcased by the firm within this submission. 617 jOHN PORTMAN & ASSOCIATES 94 PROPOSED PROjECT ROLE Design Director YEARS OF EXPERIENCE 32 YEARS WITH FIRM 5 EDUCATION • University of Wisconsin-Master of Architecture, 1982 • University of Wisconsin-Bachelor of Architecture Sciences, 1980 REGISTRATIONS Registered Architect in Wisconsin #6142005 TEACHING • Illinois Institute of Technology- Visiting Critic, 1988-89 • University of Wisconsin-Adjunct Associate Professor, 1981-82 GORDON BECKMAN, AlA I Portman & Associates Gordon Beckman, AlA, has built a distinguished career, working nationally and internationally on a broad range of building types, including commercial, civic, transportation, and mixed-use developments. Mr. Beckman's work reflects his ongoing interest in, and examination the interdisciplinary connections, that structure, technology, environmental concerns and transparency play in next generation architectural thought. His work at John Portman & Associates (PoRTMAN) reflects these values and ideas. Prior to joining PoRTMAN in May 2007, Mr. Beckman worked 23 years for Murphy 1 Jahn as Senior Vice President, Principal Architect, leading some of the firm's most recognized projects, including Charlemagne in Brussels, Belgium; the Serono Corporate Headquarters in Geneva, Switzerland; Bishopgate Town in London, England; and HALO Corporate Headquarters in Niles, Illinois. Mr. Beckman's professional experience also includes Kahler Slater Engberg in Milwaukee, Wisconsin and Larson and Darby in Rockford, Illinois. Mr. Beckman has taught for the University of Wisconsin and the Illinois Institute of Technology, in addition to participating in numerous design reviews and juries at several Universities. He has been recognized by the AlA and awarded the AlA Excellence in Architecture medal. RELEVANT EXPERIENCE National Expo Exhibition Shanghai, China Role: Design Director Size: 13,890,000,000 sf lncheon 151 Tower at Songdo landmark City (Mixed Use) lncheon, Republic of South Korea Role: Design Director Wenzhou Zhixin Plaza Wenzhou, China Role: Design Director Size: 6,691,923 sf Size: 2,107,574 sf Guri New Town Master Plan Guri, Republic of South Korea Role: Design Director Size: 529 acres Jin Hongqiao International Plaza Shanghai, China Size: 2,834,999 sf Role: Design Director 618 151-story tower mixed use complex includes 1 08-story tower mixed use complex f'ORTMAN HOLDINGS + CMC GROIJI" D~~IGN P~O+~BION~U ElLIS KATZ, RA Studio Director I Portman & Associates Ellis Katz has repeatedly demonstrated the results of team leadership. Dedicated and energetic, he has successfully managed large-scale architectural projects in which he showed a clear understanding of the technical requirements of the project as well as a sensitivity to the design issues. His communication skills and personal demeanor make him an excellent team player. His organizational skills and conscientious follow-through help keep his team focused. Mr. Katz provides clients with responsiveness and accountability. As Hospitality Studio Director, Mr. Katz leverages his understanding of hotel operations, along with his attention to detail and quality, to ensure that the firm's designs deliver a memorable guest experience. He personifies PoRTMAN's sensory I experiential approach to design in all the projects he leads. Prior to joining John Portman & Associates (PoRTMAN), Mr. Katz worked ten years as an Associate Principal with Loebl Schlossman & Hackl, Inc. in Chicago. RELEVANT EXPERIENCE Hilton San Diego Bayfront San Diego, CA USA Role: Principal-in-Charge Size: 1, 123,932 s.f. 1200 Rooms Renaissance Schaumburg Hotel & Convention Center Schaumburg, IL USA Role: Principal-in-Charge Size: 710,780 s.f. The Westin Charlotte Charlotte, NC USA Role: Principal-in-Charge Size: 540,000 s.f. The Westin Warsaw Warsaw, Poland Role: Principal-in-Charge Size: 348,000 s.f. Hilton San Diego Bayfront San Diego, CA USA Role: Principal-in-Charge Size: 500,000 s.f. f'ORTM1\N HOLDINGS + CMC GROUF' 500 Rooms 700 Rooms 361 Rooms 500 Rooms 619 jOHN PORTMAN & ASSOCIATES PROPOSED PROJECT ROLE Principal-in-Charge YEARS OF EXPERIENCE 30 YEARS WITH FIRM 16 EDUCATION University of Cincinnati Bachelor of Architecture, 1984 REGISTRATIONS Registered Architect in Illinois #001-01161Q MEMBER Urban land Institute 95 jOHN PORTMAN & ASSOCIATES PROPOSED PROJECT ROLE Production Director YEARS OF EXPERIENCE 38 YEARS WITH FIRM 21 EDUCATION • Ohio State University-Bachelor of Architecture, 1974 • University of Pittsburgh-Bachelor of Arts, Studio Arts, 1972 REGISTRATIONS Registered Architect in Wisconsin #4897-5 MEMBER Council on Tall Buildings and Urban Habitat-Advisory Board JOHN D. NIPAVER, AlA Principal/Production Director 1 John Portman & Associates John Nipaver first joined John Portman & Associates (PoRTMAN) in 1984 and distinguished himself as one of the firm's best project managers, completing the award-winning 60-story SunTrust Plaza on budget and ahead of schedule. He rejoined PoRTMAN in 2002 after seven years as a Principal at NB+A Architects, Inc., where he served as the partner-in-charge of design and production for several major projects in both the public and private sectors. Mr. Nipaver's architectural career began in 1974 in Chicago, Illinois with Skidmore, Owings and Merrill (SOM). Throughout his career, Mr. Nipaver has demonstrated exceptional ability to design and manage a wide range of projects, from larger mixed-use developments to smaller residential scale housing projects. He embraces the firm's commitment to well-detailed design with impeccable quality control. His ability to communicate effectively with both the client, and all consultants and to follow through with the necessary action has enabled him to deliver challenging projects on time, on budget and to the client's satisfaction. RELEVANT EXPERIENCE Hilton San Diego Bayfront San Diego, CA USA Role: Production Director Size: 1,123,932 s.f. 1200 Rooms Renaissance Schaumburg Hotel & Convention Center Schaumburg, IL USA Role: Production Director Size: 710,780 s.f. Hilton San Diego Bayfront Parking Garage San Diego, CA USA Role: Production Director Size: 619,394 s.f. 500 Rooms 2,000 Spaces North Bund International Cruise Terminal Master Plan Shanghai, China Role: Production Director Size: 118 acres includes 3 towers lncheon 151 Tower at Songdo landmark City (Mixed Use) lncheon, Republic of South Korea Role: Production Director Size: 6,691,923 sf 151-story tower PORHvi/~N HOLDiNGS ~-ClAC 620 D~~IGN P~O+~BION~l~ BJARKE INGELS GROUP Founded: 2005 I Employees: 115 BIG is a group of and thinkers within the fields of with offices in and New York BIG has created a for and technically innovative as they are cost and resource conscious. In BIG's architectural team members demonstrate a high sensitivity to the particular demands of site context and program. BIG's completed projects include the 8 House (2010), the Danish Pavilion at the 2010 World Expo in Shanghai (2010), The Mountain (2008), the Helslngar Psychiatric (2006}, the VM Houses (2005), the Maritime Youth House (2004), and Harbor B:ath {2003), an urban space that transformed the area of Islands Brygge from a run down harborfront to the recreational and social center of the city. Current Astana National in Shenzhen Energy Mansion in 2005 and has two offices: the and DESIGN APPROACH from habitual ;md star:darci a 600-unit residential in a new Educational Center on the Faroe a new National in that will double as a ski and an office in New York We 100 office and 25 in New York ':4s designers of the we test the effects of scale and the balance of programmatic mixtures on the and ecological outcome of a given site. Like a form we create Pln•:hlt,r:u~t,ur"' such as leisure, working, and shopping to realize •m""'"''A>mm rt>r·"'"''"l7'"' the added value to be brought to each bw1ding site, and our constructible and economical 'Rathet than revolution we are more interested in evolution. the the "fn our native Copenhagen, we have gradually introduced spatial diversity and density as well as programmatic and cultural mix into the landscape. Until recently, all elements would have been rejected as alien, but through a series of commissions they are now being absorbed as integrated elements of the urban tissue. Through the success and research in Copenhagen, we are now being commissioned by forward-looking developers and municipalities across Europe, North America, Middle East, and Asia. In these projects, we apply our approach and study to local conditions and concerns in an effort to realize their global aspirations." f'ORTMAN HOLDINGS + CMC GROUP 125 621 SUSTAINABILITY BIG's approach to sustain ability is at once rooted in the Danish tradition of energy conservation but has since grown to incorporate a global approach with our projects seeking and being certified in LEED, Green Mark and Passive House Standards. They begin every project with a climatic analysis which then allows them to choose the appropriate sustainable strategies and technologies. In past projects, they have sited buildings to optimize their solar orientation, integrated inventive daylighting measures, green roofs, geothermal systems, and greywater systems, and have dealt with the challenges of brownfield sites. BIG is currently building housing and office spaces in Germany and Estonia which are using less then 15kwh/m2/yr which amounts to about one quarter of the typical usage for comparable buildings being built today. BIG aims for projects to always meet or exceed local expectations and standards for sustainability. Their designs have received several sustainability awards including the Scandinavian Green Roof Award for our recent 8 House residential development which includes 500 apartments without a single parking space built into the facility -thereby refocusing attention from making space for gas-guzzling automobiles to instead prioritizing public transportation and bicycling. BIG's 600-unit West 57th is an 800,000 sf mixed-use project in Manhattan aiming for LEED Gold and thereby becoming a hallmark for residential construction in New York Buildings are complex networks of diverse systems around the programs they support. BIG's strategies always look at the ongoing life cycle value by reducing material, money, and time dedicated to maintenance. The team wishes to bring this innovative spirit from past projects to bear on the Miami Beach Convention Center District. BUDGET CONTROL At BIG, team members do not think of architecture in a traditional way. This is why it is important to collaborate with the client to establish a firm grip of the project finances. Through a pragmatic approach to architecture, in sketch, drawing and detailing, they continuously seek new methods to follow the initial project idea through building completion. It is an established part of BIG's design process to stay within the financial framework of the project by designing creative and alternative solutions. Working closely with the client, BIG makes a virtue of developing and reviewing project details to ease production, delivery and mounting in ways that the client feels secure to work with. They have had great success involving all parties early in the process to ensure the client a better overview of the building process. This results in a more precise estimate, and therefore better control of the budget. This approach to budget control requires more investigations in the sketch process, but the extra work pays off in the building process. Many uncertainties are in this way eliminated early in the design process and thus many unpredicted expenses are avoided. QUALITY ASSURANCE Quality is a constant part of BIG's design process, and, as such, the client is a central figure in any successful quality assurance process. Delivering the best quality assurance possible means listening to and understanding the demands and needs of clients throughout the entire building process. BIG's quality assurance program is not only about finding errors, but about identifying the potential for them to arise. The quality assurance system is based on the latest international standards of EN ISO 9001:2008, and the firm is currently undergoing the formal process to become professionally certified. Furthermore, the quality assurance programme is based on the paradigms of "DANSKE ARK," the Danish Association of Architectural Firms, and is structured on three levels: the overall, the interdisciplinary and the specific levels. When BIG functions as main consultant or uses the competences of subconsultants, these are obligated to use the standards of the BIG Quality Assurance Program. When BIG shares the main consultancy, this quality assurance program forms part of the overall assurance system according to directions agreed upon by the parties involved, coordinated by the chosen project leader. When BIG functions as sub-consultant, the quality assurance program forms part of the overall assurance system according to guidelines set by the clients. GROUP 622 Dt~IGN P~O~tBION~U QUALIFICATIONS Besides the rich experience and expertise that BIG has brought into projects, the team has developed a number of technical skills and qualifications which are implemented in the quality assurance program. CAD coordination, 3D visualizations, scale models, drawings, and sketches are used to enhance management of the projects and optimize communication with our clients. BIG has used building information modeling (BIM) techniques for the Danish Pavilion at the Shanghai Expo, the Tallinn City Hall, and the Transitlager Dreisplatz. By using scale models, they try to establish "sociological labs" in which client, engineers, consultants, and architects are testing and experimenting to find the best possible organization between program, structure and context. The design concept thus growing out of an evolutionary process where the fittest forms are adjusted to the intent of client and the lives people want to live. BIG always prepares a quality report that provides a detailed description of cost and time control, organization, systems, technical restrictions, etc. The quality report is used in meetings between client, architect and consultants and serves as a guiding tool to make the right decisions along the way. Drawings, sketches, plans and budgets are critically reviewed and examined by external consultants and specialists continuously through the process to ensure the best possible result. PUBLIC PROCESS Many projects require a complex space program. As part of quality assurance and budget control, it is essential that the voices of the client and end users are heard from the beginning. Adding to the programmatic alchemy and opportunity for a unique design, the public process begins by explaining the task at hand and BIG's proposed solution. Following the initial meeting and discussion, a dialogue between project leader and key constituents occurs, both in writing and orally, to reach an optimal solution for all parties involved. BIG has extensive experience in leading workshops and conducting user surveys. By giving careful consideration to all input they come to the crux of the problem. To achieve the best discussions and the most precise communication, BIG is working simultaneously with drawings, physical models and computer visualization. By illustrating what team members hear and think, they become more involved in the process and gain a greater awareness of the direction in which the project is moving. The aim is to turn vague feelings or intuitions into precise tools and benchmarks for future development. BIG also understands that the materials they produce are an essential element to fundraising. Drawings, models, and videos are ideal for this purpose and successfully communicate both the client's goals and the design ideas. BIG's key personnel on the Miami Beach Convention Center District project are outlined on the following pages. PORTM/\N GFOiiP 623 128 I PROPOSED PROJECT ROLE lead Designer YEARS OF EXPERIENCE 13 YEARS WITH FIRM 11 EDUCATION • The Royal Academy of Arts, DK School of Architecture, 1999 • ETSAB, ES School of Architecture of Barcelona REGISTRATIONS MAA BJARKE INGELS Partner & Creative Director Bjerke Ingels started B!G-Bjarke Ingels Group in 2005 after co-founding PlOT Architects in 2001 and working at OMA in Rotterdam. Through a series of award-winning and buildings, Bjerke has an intetnatlonal reputation as a member of a new generation of architects that combine shrewd analysis, playful experimentation, social responsibility and humor. ln 2004, he was awarded the Golden Lion at the Venice Biennale for the Concert House, and the following year he recelved the Forum AID Award for the VM Houses. Since its completion, The Mountain has received numerous awards lncludlng the World Architecture Festival Housing Award, Forum Ald Award and the MIPIM Residential Development Award. Recently, Bjarke was rated as one of the 100 most creative people in business by New York based Fast Company as well as being named Wall Street Journal's Architectural Innovator of 201t Alongside his architectural Bjarke has been active as a Visiting Professor at University's School of Architecture and Columbia University's Graduate School of Architecture, Planning and Preservation. Bjarke was recently a Vlsitlng Professor at Harvard University where he taught a jolnt studio with the Business School and the Graduate School of Design. In Spring Bjarke wnl be a Visiting Professor at the Yale University School of Architecture. He moved to New York City in 2010. LANGUAGES Danish, English & Spanish RELEVANT EXPERIENCE BIG Bjarke Ingels Group I Founded in 2006 I DK & USA PLOT Co-founded in 2001-2005 I DK W57 WIL VAN DON CAD AMF csw NUUK FA:R wvws SEM ANL TAT KAUF XPO S0F 8 ZIRA West 57th Street I 80,000 m2 I Completion 2015 I USA Willets Point Masterplan 1 Ongoing 1 US Vancouver Mixed-Use Tower I Ongoing I CA Don Mills Residential Towers I Ongoing I CA Montreal Mixed-Use Masterplan I Ongoing I CA Waste-to-energy plant I 95,000m2 I Completion 2015 I DK Chicago Southworks Masterplan I 100 ha I USA Greenland National Gallery I 3,000 m2 I 1st Prize I GL Education Center in Marknagill 19,200 m2 I Completion 2015 I FO World Village of Women's Sport I 100.000 m2 I 1st Prize I SE Shenzhen International Energy Mansion I 96.000 m2 I 1st Prize I CN Astana National Library I 45.000 m2 I Completion 2011 I KZ Tallinn Town Hall I 28.000 m2 I 1st Prize I EE Kaufhauskanall Mixed-use plan in Hamburg I 33.000 m2 I 1st Prize I DE EXPO 2010 Danish Pavilion I 3.000 m2 I 1st Prize I Completion 2010 I CN Danish Maritime Museum I 5.000 m2 I 1st Prize I Completion 2011 I DK 8 House I Mixed-use housing I 62.000 m2 I Completion 2010 I OK Zira Zero Island I LOOO.OOO m2 I Baku I AZ PORTMAN HOLDINGS + CMC GROUP 624 D~~IGN P~O+~BION~U SUK Superkilen Masterplan I 4.3 ha I 1st Prize I Completion 2010 I DK MTN The Mountain, Housing & Parking I 33.000 m2 I Completion 2008 I DK SJA Sjakket Youth Centre I 2.000 m2 I Completion 2007 I OK PSY Helsing0r Psychiatric Hospital I 6.000 m2 I Completion 2006 I DK VM VM Houses I 25.000 m2 I Completion 2005 I DK MAR Maritime Youth House I 2.000 m2 I 1st Prize I Completion 2004 I DK BAD Copenhagen Harbor Bath I 2.500 m2 I 1st Prize I Completion 2003 I DK AFFILIATIONS MAA I Danish Architecture Association Member of Americas Business Council Foundation Fellows Member of the Jury of Europan 8 Norway and Cyprus Member of the Danish Cultural Ministry Educational Council Member of Arkitektens Forlags Editorial Committee Member of the Henning Larsen Prize Committee Member of Copenhagen X Architectural Council ACADEMIC Visiting Professor at Yale University I 2011 I New Haven, US Honorary Professor at The Royal Academy of Arts I 2011 I Copenhagen, DK Visiting Professor at Harvard University I Joint Studio with HBS & GSD I 2010 I Cambridge, US Visiting Professor at Columbia University GSAPP I 2009 I New York, US Visiting Professor at Harvard University GSD I 2007 I Cambridge, US Visiting Professor at Rice University I 2005 I Houston, US Visiting Professor at The Royal Academy of Arts I 2001 I Copenhagen, DK SELECTED AWARDS Honor Award I AlA I 8 House I 2012 Merit Award I AlA NY I West 57th I 2012 Architectural Innovator of the Year Award I Wall Street Journal I 2011 Prize of Honor I The Dreyer Foundation Grant I 2011 Crown Prince Culture Prize I Danish Culture fund I 2011 Prix Delarue Award I French Academy of Architecture I 2011 Utzon-Statuette I The Mountain I 2011 Scandinavian Green Roof Award I 8 House I 2010 The State Art Fund Working Scholarship I 2010 ULI Award for Excellence I The Mountain I 2009 Nominated at Mies Van Der Rohe I The Mountain I 2009 MIPIM I Residential Development Award 2009 I The Mountain Forum Award I Best Nordic Architecture 2009 I The Mountain Wood Award 2008 I Maritime Youth House & The Mountain Contract World I Best Education Interior I Sjakket Youth Center I 2008 Mies Van Der Rohe Award 2007 I Special Mention I VM Houses IOC Award I Honorable Mention I Copenhagen Harbour Bath I 2007 Forum Award 2005 I Best Scandinavian Building I VM Houses His Royal Highness Prince Henrik of Denmark's Scholarship I 2005 PORTMI\N HOLDINGS+ nAC GRO!!P 625 I I I I I PROPOSED PROJECT ROLE Project Manager YEARS OF EXPERIENCE 11 YEARS WITH FIRM 11 EDUCATION The Royal Academy of Arts, DK School of Architecture REGISTRATIONS MAA THOMAS CHRISTOFFERSEN Partner Thomas Christoffersen began his collaboration with Bjarke Ingels in 2001 when PLOT was first formed and is currently Partner. Thomas has worked on every notable project from the VM Houses to one of BIG's most recent and global developments, Astana National Library. He led a 10-person team while"'"''""'"'''" the detail and construction the 33.000m2 moblus-shaped structure. Other accomplishments of his include the design for Iceland's National Bank and Concert house in Norway. In addition to his long standing participation in all things BIG, Thomas took a sabbatical year to work in New York City wlth WORK Architects and has also worked with Stan Allen, David Ung in NYC and Henning larsen Architects. LANGUAGES Danish & English AFFILIATIONS MAA I Danish Architecture Association RELEVANT EXPERIENCE BIG W57 WIL VAN DON CAD ANL 8 PSY VM STA WIB ODA REN MAG BBB KTK VSB NYC BKI SK2 VIB F0R Bjarke Ingels Group I Since 2001 I OK West 57th I Ongoing I US Willets Point Masterplan I Ongoing I US Vancouver Mixed-Use Tower I Ongoing I CA Don Mills Residential Towers 1 Ongoing 1 CA Montreal Mixed-Use Masterplan 1 Ongoing! CA Astana National library I 33.000 m2 I Completion 2010 I KZ 8 House, Mixed Use I 62.000 m2 I Completion 2010 I OK Helsing0r Psychiatric Hospital I 6.000 m2 I Completion 2005 I DK VM Houses I 25.000 m2 I 2005 Forum Award I Completion 2005 I DK Stavanger Concert house I 22.000 m2 I Venice Biennale Gold lion Wing Residences I 19.600 m2 I OK Odense Aqua Center I 5.000 m2 I Completion 2009 I OK People's Building Shanghai I 200.000 m2 I CN H0je Torv public plaza on the roof of Magasin du Nord I 1st Prize I OK Better Afforable Housing I 5.000 m2 I 2nd Prize I OK Royal Danish Theater I 18.000 m2 I OK Bathing facilities and beach I 300 m2 I OK Urban Periscope I 4.000 m2 I USA Landsbankinn I 20.000 m2 I 1st Prize I Reykjavik, IS Crematorie I 1.400 M2 I Asplund I SE Vibenhus Office Building 12,000 M2 i Copenhagen I OK Education Centre I 37.000 M2 i 1st Prize I Torshavn I FO SELECTED AWARDS Honor Award I AlA I 8 House I 2012 Merit Award I AlA NY I West 57th I 2012 Cityscape Awards for Architecture in the Emerging Market 2009 I Dubai POR!Mi\I'J HOLDINGS+ CMC 626 D~~IGN P~O+~HION~U AGUSTIN PEREZ-TORRES Designer Agustin Perez-Torres has recently returned to B!G as a project architect and is currently leading the team for a 600,000 sf residential tower in Vancouver, Canada. Agustin worked for BIG in Copenhagen between :2006 -2008, where he worked on a number of international projects, including the 8 House and the Warsaw Museum of Modern Art !n addition to his design work, he has also worked as an architectural journalist and has assisted with architectural exhibitions. Agustin has a!so worked for OMA in Rotterdam, the Netherlands and for Carme Pinos Studlo in Barcelona, Spain, where he worked on projects In France, Italy, and Spain. LANGUAGES Spanish & English AFFILIATIONS Licensed Architect, Spanish Architects Association RELEVANT EXPERIENCE BIG Bjarke Ingels Group I 2006-2008, 20i1 ff 1 DK & NYC VAN Vancouver Mixed-Use Tower I Ongoing 1 CA 8 8 House, Mixed Use I 62.000 m2 1 Completion 2010 l DK BAW Five Pillars of Bawadi 1 190.000 m2 I Dubai, UAE BKI landsbankinn I 20.000 m2 1 Reykjavik, IS WAR Warsaw Museum of Modern Art I 35,000 m2 1 Warsaw, PL (Experience prior to joining BIG) OMA I 2008-2010 I Rotterdam. Nl KT Headquarters 1 2010 I Seoul, KR Fondaco dei Tedeschi 1 2009 I Venice, IT Tadawul Stock Exchange I 2009 I Riyadh, SA AI Ja Filiya I 2009 I Dubai, AE Hampstead 1 2009 1 london, UK Elaf Bank I 2009 I Manama, BH Performing Arts Center I 2008 I Taipai, TW Omniyat Towers I 2008 I Dubai, AE Tunis Towers v1 1 2008 I Tunis, TN India Tower I 2008 I Mumbai, IN CARME PlNQS STUQIOS I 2QO~-2006 l Barcelona, ES Administrative Center I 20061 Tortosa, ES Maison de l'Aigerie 1 2006 I Paris, FR Novoli Housing I 2005 I Florence, IT Primary School 1 100,000 sf 1 2004 1 Castelldefels, ES Hotel Vallerta I 2004 1 Puerta Vallerta, MX Cube Tower I 180,000 sf I 2003 I Guadalajara, MX GROUP 627 I PROPOSED PROJECT ROLE Designer YEARS OF EXPERIENCE 9 YEARS WITH FIRM 2+ EDUCATION ETS of Architecture, Spain 2003 ~PP~O~C~ TO P~V~LOPffi~NT 0~ m~~T~~ Pl~N MASTER PLANNING AND PROGRAMMING PROCESS Portman-CMC will use a Collaborative Approach for Development of the Master Plan. A Master Plan is a collection of ideas, input and information coupled with programming, market and financial feasibility analysis and physical planning to produce an action plan for development. It is the synthesis of the opportunities at hand in context with the overall goals, vision and mission of the stakeholders. It takes into account the physical conditions and the socio-economic trends as well as the needs and desires of the community. For the Master Plan of the Miami Beach Convention Center District, Portman- CMC will bring pragmatic development experience to always direct dollars to their highest and best use for the owners, users, and surrounding community. For Phase II of this project (the Negotiation Process), the team proposes a three step approach for development of the Master Plan: 1. Analysis 2. Physical Planning and Feasibility 3. Master Plan Report The primary objective of the master planning is to develop an understanding of the market and community to determine the project's objectives, feasibility and investment capital profile. The intent is to accurately gauge the best components of the mixed- use development and to best configure each component. The team will produce the most efficient plan and ultimately the highest possible benefit for all stakeholders, including the City of Miami Beach, the Lincoln Road Retail Owners Association, the Collins Park Cultural District, the Miami Beach Historical Association, and other community groups with an interest in the Miami Beach Convention Center District. Portman-CMC will perform the following: 1. ANALYSIS Establishing clear project goals and objectives will form the basis for the Master Plan. The team will conduct group and individual sessions and workshops with the various stakeholders and the community to achieve the following: • Establish a clear vision and goals for the project • Establish a clear place for the project within the community • Establish issues to be addressed by this Master Plan • Establish a clear understanding of the area opportunities and constraints • Establish assumptions and priorities The team will specifically explore, examine and consider the following: • Hard and soft landscaping concepts • Convention center activity schedule • Cultural, leisure and entertainment facilities/activities • Opportunities for incorporation of public art • Street widths, pedestrian circulation, traffic , and infrastructure concerns • Opportunities to create a sustainable environment, from a health/social welfare and financial perspectives • Major land use components such as: commercial, retail, residential, cultural, educational, civic, entertainment and recreation, as potential for future development • Estimated overall square footage and potential densities for proposed land use components • Definition of key functional relationships and zoning concepts HOLDiNGS+ GHOUP 628 COLLABORATION & COMMUNITY OUTREACH Master planning is a team effort. It is guided by the collective leadership of the stakeholders, city ,and community. To most effectively define the vision of the project, it is essential that Portman-CMC works in a collaborative effort with the surrounding community. The team's approach is rigorous, interactive and inclusive. Critical to this approach is a unique participatory and consensus-building process. This allows the team to perform and deliver a plan that best responds to a community's various voices. The team's experience has shown Portman- CMC that a master plan without the hands-on involvement of all its stakeholders and participants usually will not be implemented in a way that satisfies, much less exceeds, the expectations of every party. Portman-CMC is best suited to formulate this cooperative approach, as recently exhibited in the Hilton San Diego Bayfront Hotel and San Diego Convention Center expansion projects. In both instances, members of the team worked in partnership with the California Coastal Commission, Port of San Diego and local community groups to prepare a Master Plan for the hotel and expansion plan for the Convention Center that produced the best results for all parties. Most important to this RFQ, key members of this team also worked on the project to formulate a phased effort that revolved around the Convention Center schedule of events-ensuring minimal disruption and no shut-down of the facility. The Portman-CMC team will formulate and implement the development of the Miami Beach Convention Center District by employing the same collaborative practice with the goal of achieving similarly excellent results. Through the participatory and consensus-building process in Miami Beach, the team will gain a firm, detailed understanding of the objectives of the City and the surrounding community by working hand-in-hand to determine the program, development plan, sequencing and phasing of the various project components in order to maximize profitability and use objectives. ANALYSIS DELIVERABLES During this stage of the process, deliverables include, but are not limited to: • Workshops and progress meetings reports • A preliminary report which documents the following: • Statutory and regulatory authority requirements and desires • City and community outreach vision • Documentation of key site details and conditions • Requirements for the Master Plan documentation • An initial traffic impact report • An initial sustainability analysis in terms of site context and opportunities available from the site • Conceptual development program of anticipated uses and areas Pli\NNING & BILITY Collaboration and community outreach is an ongoing process, and in this step the team will conduct further interviews and workshops with the city and community to further define the future land use opportunities for the area and, most importantly, the connectivity of all the components to create one cohesive, thriving district. Planning for community use is a starting place in the designing and planning of gathering spaces where social interaction can naturally occur. Outdoor materials, ground-forms, trees, and water are considered along with buildings and circulation as part of an overall spatial reticulum. GilOUP 629 ~PP~O~C~ TO D~V~LOPffi~HT 0~ m~~T~~ Pl~H Based upon the uses and areas identified in the Analysis Phase, the team will begin to prepare an overall project feasibility analysis. The team will prepare draft budgets and pro formas for all elements of the project, and begin to fine-tune the proper mix of the building components. This preliminary development analysis will begin to define the capital requirements of the project. PLANNING & FEASIBILITY DELIVERABLES During this stage of the process, deliverables include, but are not limited to: • Utilize the land use program to derive conceptual diagrams which illustrate the relationship between components, such as: • Functional relationships & connectivity • Circulation • Public space allocation • Functional zoning • Walking distances • Nodes, landmarks and areas of importance • Future growth potential • Building footprints • Parking • Phasing • Traffic flow and road network • Diagram the connectivity of key components in relation to the surrounding area which includes, but is not limited to: • The Convention Center • The Performing Arts Center • The Collins Park Cultural District • The Holocaust Memorial • The Botanical Gardens • lincoln Road • Break down square footage by functions and also by land area • Key dimensional characteristics of building heights, setbacks and massing • Visual imagery and theme identification • Preliminary development program and budget • Preliminary feasibility study 3. PHYSICAL PLANNING The Master Plan Report is a tool for checking and recording conformance or divergence with the approved Analysis, Planning and Feasibility. Portman-CMC will prepare for review a Preliminary Master Plan Report to define the parameters for the final report. During this phase, the team will describe the economic and community benefits to the City as a result of the project development. This Preliminary Master Plan will be presented to all stakeholders and the community for feedback. As a result of this input, the Final Master Plan Report will evolve. 630 I I I I FINAL DELIVERABLES OF THE MASTER PLAN REPORT SHALL INCLUDE: • Market feasibility analysis • Economic feasibility analysis • Traffic impact analysis • Statutory and regulatory analysis for compliance • Sustainability analysis • Detailed breakdown of program areas • All physical planning deliverables MASTER DEVELOPMENT PLAN PROCESS CONCLUSION Portman-CMC will develop the visionary idea and concept of the Miami Beach Convention Center District and turn that vision into reality. The benefits of the Portman-CMC team as the Master Developer are numerous: • An experienced design and management team ready to mobilize • The ability to create unique products providing market advantages • A demonstrated ability to attract and secure financing for large development projects • A proven management team with over five decades of experience 631 POIHMAN HOLDINGS + CMC HOLDINGS -+ GPOUP 632 N I uth Beac April23, 2012 City of Miami Beach Procurement Department 1700 Convention Center Drive Miami beach, FL 33139 M "C" The South Beach Arts, Culture, Entertainment (SB ACE) team-Tishman Hotel & Realty (THR), UlA Management (UIA), and the Office for Metropolitan Architecture (OMA)-is pteased to present our qualifications for the master plan and development the Miami Beach Convention Center District We have assembled a team with diverse expertise to address the ambitions that the has set forth in this RFQ-improving MBCCD and surrounding area; generating demand for high impact conventions, meetings and tradeshows; and creating a mixed~use district with year-round activities< The following materials illustrate why our team is uniquely positioned to deliver a thoughtful and balanced project with the ideal blend of functionality and activation for residents, tourists, the City administration and region as a whole. The ACE team has extensive designing, financing, developing, constructing and managing projects similar to the MBCCD in and around the world. THR's portfolio of developed projects Includes the revitalization of Times Square {consisting of the Westin New York, E Walk retail complex and the InterContinental New York Times Square), and the Walt Disney World Swan & Dolphin. Locally based UIA Management's portfolio includes the recently completed and highly acclaimed 11 11 Uncoln Road project Led by Pritzker Prize winning architect Rem Koolhaas, OMA brings a fluency ln architecture, urbanism and cultural analysis to the SB ACE team. In addition to the firms above, the SB ACE team will incorporate expertise from specialists in public finance (Goldman Sachs), convention center and hotel architecture (tvsdesign), landscape architecture and urban planning (MVVA and Raymond Jungles, Inc.) and engineering and construction services (AECOM I Tishman Construction Corporation)< Our team has considerable experience working in co!!aboration with local government community boards, and residents to maximize architectural significance and economic returns on projects similar scope and lmpact This proven e::>.'Pertise will play a key role in this project's success< Our team views this project as an unparalleled opportunity to make a long-term investment into the creation of a "new point of civic convergence" for Miami Beach, We !ook forward to presenting our plan for the development of the Miami Beach Convention Center District and discussing any further questions that may arise regarding our enclosed qualifications. Thank you, Tishman Hotel & UIA Management OMA Dan Tishman Robert Wen nett Rem Koolhaas 633 - Comprised of premier developers, masterplanners and designers, the South Beach Arts, Culture, Entertainment (SB ACE) team appreciates the opportunity to present our qualifications to develop a 21st century master plan for the Miami Beach Convention Center District. Our team sees the future MBCCD as a district that will enhance the City's reputation as a center for iconic architectural and civic design. We are excited by the potential to work with the City of Miami Beach in transforming the MBCCD into a vibrant and active new point of civic convergence. Utilizing the team's collective experience, Tishman Hotel & Realty, UIA Management, and OMA and the rest of our Team will work in collaboration with local stakeholders and apply the discipline of a generational investment perspective to deliver a masterplan that will: • Enhance and connect with the energy of the existing Lincoln Road retail and entertainment corridor, the Collins Park Museum District and the dynamic Collins Avenue oceanfront hotel corridor • Create a distinct identity reflecting the district's vibrant commercial, cultural, and residential life, • Add economic and cultural value to the City on a year- round basis, and • Create a financially feasible and buildable vision for a new point of civic convergence. Master Development Team To this end, we have assembled a world-renowned development team with decades of experience in the research, master planning, design, construction, and management of major civic development projects. Our development team is supported by strong financial and legal resources to ensure maximum private sector participation. The lead Master Developer, THR, is comprised of a diversified group of real estate, financial, hotel management and leasing specialists complemented by a technical staff of architects, engineers and construction management professionals. With roots dating back to 1898, THR's current portfolio includes approximately 6,100 hotel rooms, 560,000 square feet of meeting space, 270,000 square feet of retail space and 49 restaurants. As a family-owned company, THR's core values play an integral role in each development and have successfully guided the firm from inception to its current form. The three pillars ofTHR's development philosophy -long-term focus; context-appropriate design and program; and team stability-are well aligned with the City's objectives for the MBCCD development 634 THR maintains a strategic relationship with both Tishman Construction Corporation (TCC) and AECOM. TCC is a full-service construction manager, owner's representative, and project manager. TCC is responsible for the construction of over 500 million square feet of space, which includes facilities of every asset class and size. AECOM is a global provider of professional technical and management support services-providing consultation in areas such as transportation planning, facilities, environmental strategies, energy, water, and governmental procedures and regulations. With approximately 45,000 employees and clients in 130 countries, AECOM's revenue in 2011 was over $8 billion. Our Miami-Beach based development firm, UIA Management (UIA), was formed in 2002 to pursue value- added and opportunistic investments in office, residential, and mixed-use properties located in prime urban locations across the United States. UIA's portfolio includes the recently completed and highly acclaimed 11 11 Lincoln Road, which has sparked a resurgence in the area from its opening in 2010. UIA's founder, Robert Wen nett, has over 25 years of experience in acquisitions, structuring, and negotiating real estate transactions aggregating $3 billion in value. In his role as President, Mr. Wennett is responsible for UIA's ambitious national development plan, as well as the creation and implementation of its investment and acquisition strategies. Team As leaders of the design team, the Office for Metropolitan Architecture (OMA) brings expertise in urbanism, architecture, and cultural analysis to the master planning strategy for the South Beach ACE district Since its inception in 1975, OMAhas gained renown through a series of groundbreaking projects including Maison a Bordeaux ( 1998), the Netherlands Embassy in Berlin (2003), Casada Musica in Porto (2005), and the Zeche Zollverein Historical Museum and master plan in Essen (2006). OMA designed buildings currently under construction include the new headquarters for China Central Television a tower reinvented as a loop in Beijing; the adjacent Television Cultural Centre; Shenzhen Stock Exchange China's equivalent of the NASDAQ exchange for hi-tech industries and De Rotterdam, the largest building in the Netherlands. The work of Rem Koolhaas and OMAhas won several international awards including the Pritzker Architecture Prize in 2000, while OMA's international experience with public projects has contributed tangible results to urban regeneration including Euralille Masterplan in Lille, France, a Masterplan for AI mere in the Netherlands, and the revitalization of a former coal refinery and UNESCO World Heritage site Zeche Zolleverein in Essen, Germany. OMA believes strongly in design as a process, viewing every parameter of a project as an opportunity rather than a constraint-an approach that will drive the development of a visionary, yet feasible plan for the future of the MBCCD. OMA will work in tandem with tvsdesign, which has designed mixed-use spaces for over four decades. tvsdesign has grown by developing a specialized expertise in convention center and hotel architecture that not only :ll l - sets the standard for excellence in design, but also serves as an engine for economic growth and development. tvsdesign has been involved in all phases of high profile and complex convention center and hotel projects in Washington, D.C., Chicago, Detroit, and Nashville as well as Nanjing, China and Puerto Rico. tvs brings technical expertise to pair with OMA's urban and architectural design expertise. Our landscape designer, MWA, creates environmentally sustainable and experientially rich places across a wide range of landscape scales. The firm's projects have received numerous honors including awards from the American Society of Landscape Architects, the U.S. National Park Service, the Municipal Arts Society of New York City, the Royal Architecture Institute of Canada, the Institute of Transportation Engineers, the Building Stone Institute, the Waterfront Center, and the National Trust for Historic Preservation. To ensure connectivity with the surrounding area, MWA will collaborate with Raymond Jungles, the Miami-based landscape architect responsible for 11 11 Lincoln Road's outdoor Financing Approach With respect to project financing, THR, along with UIA, will take the lead role in providing equity. Additional equity will be drawn from institutional investors. As active developers, THR and UIA have long-standing relationships with major debt and equity sources, and have typically raised all financing without the use of intermediaries. Some of THR's current and former debt and equity partners include MetLife, Lehman Brothers, ABP, Rodamco, Prudential, Wells Fargo, Goldman Sachs and Merrill Lynch. Our team's master plan will be structured so that each use will be financed independently-ensuring that each partner will share THR's and UIA's long-term investment perspective. This approach typically results in a lower cost of capital, and consequentially a greater economic value for the City. In addition, THR has significant experience in devising creative public/private partnerships to develop complex, high-profile projects. To supplement our experience, we have retained Goldman Sachs to help us identify all potential sources of Federal, State, County and City funds and determine the least expensive way to access those funds. Counsel Our team will be represented by Bilzin Sumberg Baena Price & Axelrod, which has represented developers and investors across South Florida, and has been instrumental as legal counsel to both private development ventures and public-private partnerships within the City of Miami Beach. The firm's attorneys have represented clients through all aspects of the government regulatory approval and permitting process, including planning and zoning applications, development agreements, and complex environmental and land use permitting. Bilzin Sumburg has also served as legal counsel on various multi-billion dollar public-private partnerships, including convention centers, rail and transit facilities, airports, marinas, sports facilities, healthcare/life sciences facilities, water and sewer facilities, parking structures, and various infrastructure developments. Community Partnership To demonstrate our fundamental commitment to creating a meaningful partnership with the community through the master planning process, our team has engaged the services of Victor M. Diaz, Jr. and VM Diaz & Partners to serve a lead role in soliciting input from key stakeholders and the community sa whole and ensuring that it is incorporated into our master plan. A recognized advocate for quality design and sustainable development, Mr. Diaz brings to our team over two decades of experience in dealing with public collaborative processes in reviewing development projects in Miami Beach, as well as a fundamental understanding of our City's existing and desired land use regulations, high standards for design excellence and aspirations to develop a signature reputation for attracting the highest quality of 21st Century architecture which complements our City's historic fabric and architectural legacy. Master Pian Approach Together with THR and UIA, lead planner OMA's approach to the MBCCD's Master Development Plan will be driven by the principles of research and collaboration. Through an initial research phase, OMA will evaluate the current cultural and economic landscape to determine and define the optimal potential for the future development of the MBCCD area. Concurrently, OMA will pro-actively collaborate with the City and the community in Miami Beach, through an extended series of intimate meetings between clients, engineers, architects, the City, and stakeholders. This extended collaboration will take multiple forms from public workshops, expert roundtables, focus group meetings, to one-to-one interviews with conference center management and staff, trade show representatives and City officials, and support through virtual feedback tools. In collaboration with key stakeholders and the additional design team members, OMA will develop a vision for the future of the MBCCD addressing the evolution of the site and the identity of a future South Beach ACE District. We look forward to discussing our team's unique qualifications for this project and trust that the following document details the extensive experience of our development and design teams. 635 Team Summary Neighborhood Stakeholders Goldman Sachs Fin.ancial Advisor Convention Center Stakeholders AECOM VM Diaz & Partners Community Partnership P3, Potential Equity and Guarantee Bilzin Sumberg Baena Price &Axelrod Legal Counsel UIA Local Developer Tishman Construction Corporation Technical Advisor AECOM Technical Advisor Tishman Hotel & Realty Master Developer OMA Master Planner and Lead Architect . tvs.de6ign · c.ilnv&irtlon . Cen«ir.aruf Hotel itM:Intlcal Arcllitaet 1 Miami Beach City Staff & Administration New Vision for MBCCD 636 Tishman Hotel and Realty LP (THR) Master THR is a vertically integrated real estate developer, owner and asset manager. THR's current portfolio includes approximately 6,100 guest rooms, 560,000sf of meeting space, 270,000sf of retail space and 49 restaurants. Roles and Responsibilities: Master developer with primary responsibility for the development process; equity partner; debt/equity sourcing; sole authorization to bind Proposer to this RFQ. Key Personnel: John Vickers, Chairman and CEO David Rothenberg, President Obaid Khan, CFO Paul Diamond, Executive Vice President Primary Contact Paul Diamond T 212.708.6781 E diamond@tishman.com Tishman Hotel and Realty LP 100 Park Avenue New York, NY 10017 T 212.708.6800 sole authorization to bind Proposer to this RFQ UIA Management, LLC (UIA) Local Developer UIA Management is a leading developer of innovative real estate projects throughout the country. A Miami Beach- based firm, the company's portfolio includes the recently completed and highly acclaimed 11 11 Lincoln Road. Roles and Responsibilities: Local development and equity partner; retail specialist Key Personnel: Robert Wennett, President Jeffrey Weinstein, Director of Development Mary Jessica Woodrum, Director of Operations Primary Contact Jeffrey Weinstein T 305.538.9320 E jweinstein@1111 LincolnRoad.com UIA Management, LLC 1111 Lincoln Road Suite 760 Miami Beach, FL 33139 T 305).538.9320 OMA*AMO P.C. (OMA) Master Planner and Lead Architect OMA is a leading international partnership practicing architecture, urbanism, and cultural analysis. OMA's buildings and masterplans around the world insist on intelligent forms while inventing new possibilities for content and everyday use. OMA is led by seven partners including Rem Koolhaas and Shohei Shigematsu, Director of OMA New York. OMA sustains an international practice with offices in Rotterdam, New York, Beijing, Hong Kong, and soon Doha. Roles and Responsibilities: Master planner, lead design architect Key Personnel: Rem Koolhaas, Partner Shohei Shigematsu, Partner I Director OMA NY Maria Finders, Director Creative and Cultural Advisory Jason Long, Associate Primary Contact Jason Long T 212.337.0770 E jlong@oma.com OMA*AMO Architecture PC. 180 Varick St. Suite 1328 New York, NY 1 0014 T 212.337.0770 637 Tishman Hotel & Realty (THR) aster Developer Location 100 Park Avenue New York, NY 100H l 212 708.6800 Team Members John Vickers Davrd Rottrenberg Obaid Krran Paul Diamond Years in Business 114 Number of Employees 80 638 With roots dating back to 1898, Tishman Hotel & Realty is comprised of a diversified staff of real estate, financial, hotel management and leasing specialists, and is complemented by a technical staff of architects, engineers and construction management professionals. THR operates as a vertically integrated real estate company that manages all components of its projects, from feasibility, design, budgeting, financing and development management to ongoing property and asset management. Over the past 30 years, THR has built over 8.3 million sq ft for its own account and, in conjunction with its affiliates, has provided services to more than 160 hotels totaling over 80,000 hotel rooms. THR's current portfolio of owned assets consist of 6 million sq ft of space and includes: 8 hotels with 6,100 guest rooms nationwide and in the Caribbean, 560,000 sq ft of meeting space (including the largest ballrooms in the Midwest, Caribbean and Southeastern United States), 270,000 sq ft of retail space and 49 restaurants. This portfolio includes a collection of the nation's top performing hotels (e.g., The Westin New York, Sheraton Chicago Hotel & Towers, and the Walt Disney World Swar & Dolphin), nationally recognized retail tenants (e.g., Regal Cinemas, Crumbs, Starbucks, 8.8. King's Blues Room, and Shake Shack), and associations with some of the nation's top restaurateurs (e.g., Todd English and Don Shu Ia's). As a family company, THR's core values play an integn role in each development and have successfully guided the firm from inception to current form. The three pillars of THR's development philosophy are as follows: long-term focus, context-appropriate design and program and team stabilityo Long-Term Focus Portfolio-wide, THR focuses on low-leverage and capital reinvestment to maintain the properties' physical conditior and to meet changing demands of customerso With no requirement to recycle capital and a generational perspective, THR is committed to success and stability over the long term. Context-Appropriate Design and Program A core consideration for THR when building a new project the fabric of the neighborhood and the new development's place within. The firm places significant effort in working with all stakeholders, from city officials to local community boards, to fully understand a neighborhood's history and to help direct its future. Examples of this commitment follow with further detail provided later in this section. a. Westin New York and E Walk The Westin New York and E Walk were designed to meet the city and state of New York's vision of capturing the energy, activity and vibrancy of the Times Square area. To accomplish this required extensive interaction with the various stakeholders, bold exterior design and efficient interior programming. The project's unique and architecturally significant design has won numerous awards, including the National Design Award from the Society of American Registered Architects. More importantly, the project has helped transform the neighborhood to a tourist-and business-friendly destination without losing the heart of the old Times Square. b. Walt Disney World Swan & Dolphin Designed to meet Disney's desire for a themed convention complex to anchor the larger boardwalk convention and meeting area, THR worked closely with the Disney team to bring Disney's vision to life. The Dolphin and Swan were designed to and successfully created a sense of drama that set the tone for the rest of the boardwalk development. While significant additional capital has been invested into the complex to maintain its physical condition, respond to changing consumer tastes and adapt to the evolving competitive environment, the properties' timeless design remains much the same as when it first opened its doors in 1990. c. Sheraton Chicago Hotel & Towers The Sheraton Chicago Hotel & Towers was one of the first developments in the vast, undeveloped Streeterville neighborhood in Chicago. The simple but elegant design was meant to complement whatever development followed, which was expected to be either office or high-end residential. To serve as an anchor for the neighborhood's development, the property's significant mass required careful and deliberate design. The hotel is widely regarded as one of the best meetings hotels in the country due to key interior elements including excellent separation of the meeting space from the restaurants and bar areas, an intimate feel despite its 1 ,200 rooms, finishes one would expect at a more expensive hotel and an excellent elevator system that eliminates the long waits typical in vertical convention hotels. Team Stability A common thread shared throughout the organization is the consistency of the THR team. Senior THR employees have, on average, over 20 years of experience with the firm, and have collectively worked together on each of THR's developments and related projects. THR's CEO, John Vickers, first joined the firm as an intern; several other senior members joined either directly out of college or shortly thereafter. The stability and knowledgebase provided by such a longstanding and connected team is one of the keys to the firm's success. Relevant projects • The Revitalization of Times Square Westin New York, New York, NY 863 keys, $320 million E Walk, New York, NY 200,000 sq ft, $72 million InterContinental New York Times Square, New York, NY 607 keys, $568 million • The Walt Disney World Swan and Walt Disney World Dolphin, Orlando, FL 2,267 keys, $351.3 million • Rio Mar Beach Resort & Spa, a Wyndham Grand Resort, Rio Mar, PR 600 keys, $178.5 million • The Sheraton Chicago Hotel & Towers, Chicago, IL 1,209 keys, $180 million • The Loews Miami Beach (Advisory role), Miami, FL 800 keys, $170 million 639 E ctS ~ I.. (1,) a. 0 -0 N Tishman Hotel & Realty John Vickers Chairman & CEO, 28 years Dan Tishman Vice Chairman, 22 years Bill Sales Vice Chairman, Real Estate, 4 5 years I AECOM/ Tishman Construction Corporation- I Legal/ Human Resources I Other Gary Buscemi EVP, General Counsel, i 7 years Francisco Ramirez I Hotel Operations Robert Snyder President, 16 years David Bagwell COO, CMO, 9 years I I Finance & Accounting Frank Beck CFO, Corporate & Hotel Operations, 20 years Obaid Khan I Real Estate David Rothenberg President, 25 years Paul Diamond EVP, 20 years I Technical Services Charles Cocotas EVP, 22 years Ron Kollar Chief Design Officer, 18 years lee Karlin Strategic Partner SVP. 5 years Cara Weinrich Jim Claus EVP, 21 years Dennis Mahoney EVP, 27 years CFO, Real Estate, 21 years SVP, 5 years SVP, 4 years Comany Structure Daniel R. Tishman Don Engfer SVP, ·17 years Charles Wojcik SVP, 17 years Don Bartell SVP, 13 years Dawn Walzak SVP, 14, years Kimberly Greca SVP, 8 years Daniel R. Tishman is Vice Chairman of Tishman Realty Corporation and Tishman Hotel Corporation. Mr. Tishman is also Chairman and Chief Executive Officer ofTishman Construction Corporation and Vice Chairman and a member of the Board of Directors of its parent company, AECOM. Mr. Tishman is Chairman of the Board of the Natural Resources Defense Council, one of the world's leading environmental advocacy organizations. He also serves on the boards of the New York Building Congress, the Albert Einstein College of Medicine, the National September 11 Memorial & Museum, Columbia University's Real Estate Industry Advisory Board and the UJA Federation of NY He serves on the Advisory Committee of the Export-Import Bank of the United States and is a member of the Real Estate Board of New York. Mr. Tishman holds a Bachelor of Science degree in Ecology and Planning from Evergreen State College and a Master of Science degree in Environmental Studies from Lesley College. John A. Vickers John A Vickers is Chairman and Chief Executive Officer ofTishman Realty Corporation and for Tishman Hotel Corporation. Mr. Vickers joined Tishman in 1984. Prior to the sale ofTishman Construction Corporation to AECOM in July 2010, Mr. Vickers was also Vice Chair and Principal of Tishman Construction Corporation. Mr. Vickers is a member of the Board of Fellows of Trinity College and 640 Joseph Simone President, Real Estate Services, 19 years Dan Unger SVP, 15 years serves on the Columbia Business School MBA Real Estate Program Advisory Board. He is also a member of the board of the !Payment Corporation and a member of the Board ofTrustees of Buckley Country Day School. Mr. Vickers holds a Bachelor of Arts degree in Economics from Trinity College and a Masters of Business Administration degree in Finance from Columbia University. William Sales William J. Sales is the Vice-Chairman of Tishman Realty Corporation. Prior to joining Tishman Realty in 1997, Mr. Sales was Principal of William J. Sales & Company and a senior investment banker at both Lehman Brothers and Goldman Sachs. Mr. Sales has also held various executive positions at VMS Realty Partners, Property Capital Trust and Chase Manhattan Bank, all in the area of Real Estate Finances and Investment. He is a 1967 graduate of Villanova University with a Bachelor of Science degree in Economics and served as First Lieutenant in the United States Army-Second Infantry Division. David A. Bagwell David Bagwell is Chief Operating Officer and Chief Marketing Officer of Tishman Hotel Corporation. Prior to joining Tishman in 2003, Mr. Bagwell was Executive Vice President and Partner at Buena Vista Hospitality Group spearheading strategic planning for several major properties. He also held the position of Vice PresidenU General Manager for PGA National Resort and Director of Sales and Marketing for the Walt Disney World Swan & Dolphin. Mr. Bagwell has served as a Board Member for Florida Hotel & Lodging Association, Meeting Planners International, as well as other industry related organizations. He received a Bachelor of Science degree in Hotel Management from Florida International University. James L. Claus James L. Claus is Executive Vice President of Tishman Hotel Corporation. Before joining Tishman 1991, Jim served as Vice President of the Abbey Group, Ltd., a hotel owner and operator based in Chicago. His previous positions, comprising 17 years with Hilton Hotels Corporation, include Vice President and General Manager of the Palmer House in Chicago, General Manager of the Hilton at Walt Disney World Village in Florida, and General Manager of the Portland Hilton in Oregon, as well as positions in sales and marketing including The Waldorf-Astoria in New York. Mr. Claus serves on the Board of Directors of the Hotel Association of New York City. He is a Certified Hotel Administrator and a member of Hospitality Asset Managers Association. He presently serves as a Trustee of two industry related health funds and the International Union Pension Fund. Mr. Claus holds a Bachelor of Science degree in Industrial Administration from Iowa State University and a Management Certificate from the University of Southern California. Charles C. Cocotas Charles C. Cocotas is Executive Vice President of Tishman Hotel Corporation. Prior to joining Tishman in 1990, Mr. Cocotas was a Principal of Lehr Associates, an engineering firm. He also held senior positions with the Sheraton Corporation and Stone and Webster Engineering Corporation. Mr. Cocotas is a member of the American Society of Heating, Refrigeration, and Air Conditioning Engineers, the American Hotel and Lodging Association and is on the Executive Engineering Committee of the American Hotel and Motel Association. Mr. Cocotas holds a Bachelor of Science degree in Electrical Engineering from the Massachusetts Maritime Academy. Paul Diamond Paul Diamond is Executive Vice President of Tishman Realty Corporation. Mr. Diamond joined Tishman in 1992. He is a member of the Real Estate Board of New York and the Cornell Hotel Society. Mr. Diamond holds a Bachelor of Science degree from Cornell University. Obaid Khan Obaid Khan is Chief Financial Officer of Tishman Realty Corporation. Prior to joining Tishman in 1991, Mr. Khan was a member of the Capital Markets Group at Merrill Lynch. Mr. Khan's professional affiliations include the Urban Land Institute, the Real Estate Roundtable and the New York Hospitality Council. Mr. Khan holds a Bachelor of Science degree in Cybernetics from U.C.L.A. and a Masters of Business Administration degree in Finance from the Wharton School at the University of Pennsylvania. Dennis Mahoney Dennis Mahoney is an Executive Vice President of Tishman Realty Corporation. Mr. Mahoney joined Tishman in 1985 and is a member of the Urban Land Institute and a Licensed Real Estate Broker in New York. Mr. Mahoney holds a Bachelor of Arts degree in History from College of the Holy Cross and Master of Business Administration degree from Columbia University. David Rothenberg David Rothenberg is President of Tishman Realty Corporation. Prior to joining Tishman in 1987, Mr. Rothenberg was a member of the Real Estate Finance Group at Salomon Brothers Inc. Mr. Rothenberg is a member of the New York Hospitality Council and the Urban Land Institute. He holds a Bachelor of Science -Economics degree in Finance and Entrepreneurial Management from the Wharton School at the University of Pennsylvania. Joseph Simone Joseph J. Simone is President ofTishman Real Estate Services overseeing all facets of third-party Landlord and Tenant representation, including lease negotiation, development, relocation and property management services. Before joining Tishman in 1993, Mr. Simone worked for Cushman & Wakefield, Inc., and was a partner with the Berkshire Group, which developed a regional hotel chain in the northeastern Unites States prior to establishing his own firm, Simone & Company, in 1991. Mr. Simone is a member of the Real Estate Board of New York, Corenet and Urban Land Institute. Mr. Simone holds a Bachelor of Arts degree from Columbia University. Robert Snyder Robert Snyder is President of Tishman Hotel Corporation. Prior to joining Tishman in 1996 as the General Manager for the Doral Park Avenue Hotel, he was the General Manager for the Kimberly Hotel and the Resident Manager for the Plaza Hotel in New York City. Mr. Snyder began his career with Hyatt Hotels and Resorts and spent the first 10 years working in Rooms management positions at the Grand Hyatt New York, the Hyatt Regency Chicago, and the Park Hyatt Hotel. Mr. Snyder is a member of the New York Hospitality Council and holds a Bachelor of Arts degree in Fine Arts from Trinity College. 641 (!) 0 c:: (!) 't: (!) c. >< w "C c:: co c:: 0 M N - Ul anagement (UI ) Local Developer Location 1111 Lincoln Road, Suite 760 Miami Beach, FL 33139 T 305.538.9320 F 305.531.4409 Team Members Robert Wen nett Jeffrey Weinstein Mary Jessica Woodrum Years in Business 7 Number of Employees 642 UIA Management specializes in the identification, acquisition, development and management of value-oriented assets located in prime urban locations. UIA Management was responsible for the ambitious and visionary 11 11 project which transformed the west end of Lincoln Road into a destination location. UIA was formed to pursue value-added and opportunistic investments in retail, residential, office and mixed-use properties located in prime urban locations across the United States. UIA is a direct operator and full-service investment management firm specializing in value-ori- ented investment strategies. The UIA team provides a full range of advisory and investment management services for acquisition, financing, asset management, leasing and improvement of both existing and new ground-up devel- opment of retail, residential, office and mixed-use urban properties, ranging from repositioning and renovation of historic downtown properties to full scale urban develop- ment. Drawing upon the experience and track record of UIA's principals in identifying, managing and reposition- ing assets, UIA seeks to generate attractive risk-adjusted returns in value-oriented, urban real estate through com- petitive investment strategies, such as direct deal sourc- ing, aggressive management oversight and direction, and proven value-added repositioning strategies. Company Structure Robert Wennett, President Robert Wen nett is President of UIA Management, LLC (UIA) and has over 25 years of experience in acquisitions and structuring and negotiating real estate transactions aggregating $3 billion in value. In his role as President, Mr. Wen nett is responsible for UIA's ambitious national devel- opment plan, as well as the creation and implementation of its investment and acquisition strategies. Mr. Wennett enjoys an impeccable reputation in the field of urban real estate. Mr. Wennett has a multi-faceted understanding of urban properties and established relationships with its key players position U lA as an innovative leader in the devel- opment and repositioning of some of the nation's most dynamic commercial real estate, UIA was formed to pursue value-added and opportunis- tic investments in retail, residential, office and mixed-use properties located in prime urban locations across the United States. UIA is a direct operator and full-service investment management firm specializing in value-ori- ented investment strategies. The experienced UIA team provides a full range of advisory and investment manage- ment services for acquisition, financing, asset manage- ment, leasing and improvement of both existing and new ground-up development of retail, residential, office and mixed-use urban properties, ranging from repositioning and renovation of historic downtown properties to full scale urban development. Drawing upon the experience and track record of UIA's principals in identifying, managing and repositioning assets, UIA seeks to generate attractive risk-adjusted returns in value-oriented, urban real estate through competitive investment strategies, such as direct deal sourcing, aggressive management oversight and direction, and proven value-added repositioning strategies. Prior to forming UIA, Mr. Wen nett founded and served as President of Starwood Urban Investments, LLC, where he was responsible for all aspects of the strategic direction and operation of the company and its investment manage- ment and advisory services on behalf of Starwood Urban, LLC, which he formed in 1998 and was its operating part- ner. Starwood Capital was his partner in Starwood Urban. As operating partner he was responsible for the acquisition and repositioning of Starwood Urban, LLC's distinctive office, retail and mixed-use, urban in-fill portfolio around the country at a value in excess of $500 million. From 1998 to 2001, Mr. Wennett acquired, on behalf of Starwood Urban, LLC, a portfolio situated in some of the nation's most sought after urban destinations, ranging from the boutique retail and office districts of South Beach, Florida to the Meat Packing District in New York City, and was responsible for directing the repositioning, redevelopment and ground-up development of the assets in the portfolio, including the development of a $57 million mixed-use resi- dential development in Coral Cables Florida, Prior to forming Starwood Urban, Mr. Wen nett was Senior Vice President of Acquisitions and Executive Officer at Federal Realty Investment Trust, one of the largest publicly-traded real estate investment trusts. During his 12 years with Federal Realty Investment Trust, Mr. Wen nett was responsible for acquiring property valued at well over $2 billion. His most recent project, 11 11 Lincoln Road, has received international status and acclaim and has been featured in The New York Times, Wall Street Journal and Vanity Fair. To fulfill his vision, Mr. Wennett engaged the Swiss-based architectural firm of Herzog & de Meuron, which was responsible for Tate Modern in London and The Olympic Stadium in Beijing, to design the 11 11 project. Alongside Herzog & de Meuron, Raymond Jungles, a Miami-based landscape architect, designed the gardens, which feature water elements containing mature plantings indigenous to the area. 11 11 Lincoln Road is an urban re-development project designed to showcase Miami's international prominence as a 21st century destination for art, culture and commerce. Jeffrey Weinstein, Director of Development Mr. Weinstein is the Director of Development for UIA Management. Mr. Weinstein is involved in all aspects of the development process including site acquisition, entitle- ments, design, permitting, construction, lease negotiations and financing. For the last 5 years, Mr. Weinstein was in charge of managing the day to day development related activities for the 11 11 Lincoln Road project. Additionally, Mr. Weinstein supervised the public private partnership with the City of Miami Beach for the redevelopment of the 1100 Block of Lincoln Road. The 11 11 project rep- resented $65 million in total development costs and has received several awards for its forward thinking design and concept. Mr. Weinstein has significant experience manag- ing the design and construction process from conceptual- ization through execution. In addition to his development experience, Mr. Weinstein is actively involved in all brand- ing and marketing efforts for UIA Management and their associated projects and properties. Prior to UIA Management, Mr. Weinstein was an associ- ate at Nexus Development Group where he oversaw the acquisition of nearly $125 million in property surround- ing Miami's Design District. There he was in charge of site identification as well as all financial underwriting for the company's development plans. Before Nexus, Mr. Weinstein was an associate for Bayview Financial Group, a real estate investment bank based in Coral Gables Florida. Mr. Weinstein received his B.A. from the University of Pennsylvania and graduated Cum Laude in 2004. Mary Jessica Woodrum, CPA-Director of Operations Mary Jessica Woodrum is the Director of Operations for UIA Management (UIA). She has over 10 years of experi- ence in operating aspects related to day-to-day real estate management and urban real estate development. In her role as Director of Operations, Ms. Woodrum directs and supervises the investment management, operation and financial performance of all assets of UIA and its related parties' assets, including the oversight and reporting of financial performance, budgeting, cash management, accounting, tax planning and compliance functions. In addition to these responsibilities, Ms, Woodrum is actively involved in all facets of UIA's business and investments, including acquisitions, dispositions, development, con- struction, and leasing, in addition to operations and finance. Prior to joining UIA, Ms. Woodrum was Controller of Urban Investments Advisors, LLC, from June 2002 to the eventual sale of its assets at the end of 2004. She was involved in all financial aspects of the Urban Investments Advisors, LLC's portfolio of urban, mixed-use properties around the country performing many of the same functions as she currently undertakes at UIA Before transitioning to Urban Investments Advisors, LLC, Ms. Woodrum was an auditor with Arthur Andersen, LLP. Ms. Woodrum is a Certified Public Accountant regis- tered in the state of Virginia. She received her Master's of Business Administration degree from Lipscomb University in Nashville, Tennessee, and her Bachelor's Degree in Accounting and Business Administration from Washington and Lee University in Lexington, Virginia, She is a member of the AI CPA and other trade associations. 643 Q) 0 c: (1,) 'i: (1,) a. >< w "C c: ro c: 0 Office for Metropolitan Architecture Master Planner and Lead Architect location OMA 'AMO Architecture PC 1 BO Varick Street Suite 1328 New York, NY 10014 T 212 33/ 0770 Team Members Rem Koolhaas, Partfler-in-Collaboratron Shohei Shigematsu, f'artner-in-Charoe Maria Finders, Dr rector Creative and Cultur-al Advisory Jason Long, Associate Project Manager Jason Long, Associate Years in Business 37 Number of Employees 300 the a/Jove numbers apply to OMA "A!\110 Architecture ec·s parent company, Office for Metropolitan Arclritecture It) (O.M A) Sleclebouw B V (Rotterdam) c:o - 644 OMA's objective with any design is to provide the client with new, original concepts and a practical architecture with visionary ambitions. With each project, OMA aims to devise architectural or urban responses that perform in a climate of continual change. OMA believes strongly in design as a process, and approaches each condition imposed on a project as an opportunity rather than a constraint. Addressed intelligently, normally restrictive factors have assisted OMA to provide innovative urban design while meeting tight budgets and rigorous design and construction schedules. OMA OMA is a leading international partnership practicing architecture, urbanism, and cultural analysis. OMA's buildings and masterplans around the wo1rd insist on intelligent forms while inventing new possibilities for content and everyday use. OMA is led by seven partners and sustains an international practice with offices in Rotterdam, New York, Beijing, Hong Kong and soon Doha. OMA-designed buildings currently under construction include the Musee national des beaux-arts du Quebec; the Taipei Performing Arts Center; the new headquarters for China Central Television-a tower reinvented as a loop -in Beijing; the adjacent Television Cultural Centre; Shenzhen Stock Exchange-China's equivalent of the NASDAQ exchange for hi-tech industries; three buildings in Doha, Qatar; and De Rotterdam, the largest building in the Netherlands. OMA's recently completed projects include New Court, the headquarters for Rothschild Bank in London; Milstein Hall, an extension to the College of Architecture, Art, and Planning school at Cornell University; Maggie's Center a cancer care center in Glasgow (all 2011 ); Wyly Theatre in Dallas (with REX, 2009); and Prada Transformer, a rotating multi-use pavilion in Seoul (2009). Other acclaimed buildings by OMA include the Casada Musica in Porto (2005); the Seattle Central Library (2004); the Netherlands Embassy in Berlin (2003); the liT Campus Center in Chicago (2003); and the Prada Epicenter in New York (2001 ). The work of Rem Koolhaas and OMAhas won several I . I , 9 J l I ! ACTUAL VIRTUAL OMAIAMO international awards including the Pritzker Architecture Prize in 2000, the Praemium Imperiale (Japan) in 2003, the RIBA Gold Medal (UK) in 2004, the Mies van der Rohe -European Union Prize for Contemporary Architecture (2005) and the Golden Lion for Lifetime Achievement at the 2010 Venice Biennale. AMO The counterpart to OMA's architectural practice is AMO, a research studio based in Rotterdam. While OMA remains dedicated to the realization of buildings and masterplans, AMO operates in areas beyond the traditional boundaries of architecture, including media, politics, sociology, renewable energy, technology, fashion, curating, publishing, and graphic design. AMO often works in parallel with OMA's clients to fertilize architecture with intelligence from this array of disciplines. This is the case with Prada: AMO's research into identity, in-store technology, and new possibilities of content-production in fashion helped generate OMA's architectural designs for new Prada epicenter stores in New York and Los Angeles. In 2004, AMO was commissioned by the European Union to study its visual communication, and designed a colored "barcode" flag - combining the flags of all member states -that was used during the Austrian presidency of the EU. AMO has worked with Universal Studios, Amsterdam's Schiphol airport, Heineken, lkea, Conde Nast and Harvard University, produced exhibitions at the Venice Biennale (on the Hermitage museum in St. Petersburg) and Venice Architecture Biennale (on preservation, and on the development of the Gulf), and guest-edited issues of the magazines Wired and Demus. Recent projects include a plan for a Europe-wide renewable energy grid, a 720-page book on the Metabolism architecture movement (Project , Taschen, 201 0) and the educational program of Strelka, a new postgraduate school in Moscow. 645 - Office for Metropolitan Architecture Born 1944 Nationality Dutch Rem Koolhaas founded the Office for Metropolitan Architecture in 1975 together with Elia and Zoe Zenghelis and Madelon Vriesendorp as a collaborative practice. Having worked as a journalist and script writer before becoming an architect, Koolhaas graduated from the Architectural Association in London, and in 1978 pub- lished Delirious New York, a Retroactive Manifesto for Manhattan. In 1995, his book S,M,L,XL summarized the work of OMA and established connections between con- temporary society and architecture. At this moment Rem Koolhaas is heading the work of OMA as well as AMO -the conceptual branch of OMA, a think tank focused on social, economic, and technological issues. Rem Koolhaas is a professor at Harvard University where he conducts the Project on the City, a research program investigating changing urban conditions around the world. The projects include an analysis of the role of retail and consumption in the contemporary society (The Harvard Guide to Shopping). Most recently, Koolhaas pub- lished Project Japan: Metabolism Talks. The work of Rem Koolhaas and OMAhas been cel- ebrated by several international awards, including the Pritzker Architecture Prize (2000) and the Rl BA Gold Medal (2004). In 2005 Rem Koolhaas received the Mies van der Rohe Award for the Netherlands Embassy, Berlin. In 2007, The Royal Institute of British Architects awarded the Casa da Musica concert hall in Porto, Portugal, the European Award and nominated it for the coveted Stirling Prize. 646 Euralile Master Plan & Conorexpo Lille. France Role. PartneHn·Charge (All Phases) Skolkovo Innovation Center Moscow, Russia Role Partner·in·Charge (All Phases) Cordoba Congress Center Cordoba. Spain Role Partner-in-Ct1arge (All Phases) Alrnere Master Plan Alrnere, Netherlands Role. Partner-in·Charge (All Phases) Professional Licenses & Affiliations 2009 State of New York, Registered Architect No. 031643-1 Selected Awards/Honors 2010 Golden Lion for Lifetime Achievement, Venice Architecture Biennale 2007 Elected to the European Council of Foreign Relations 2007 Honorary Doctorate from the University of Leuven 2005 2005 Deutscher Architektur Preis Honorable Mention, Netherlands Embassy, Berlin, Germany 2003 Praemium Imperiale, Japan 2001 Membership legion D'Honneur, highest French honour, awarded by the French Government 2000 Pritzker Architecture Prize Teaching Positions Present Professor, Strelka Institute for Media, Architecture and Design Professor in Practice of Architecture and Urban Design, Harvard University, Cambridge, Massachusetts 1990-95 Adjunct Professor of Architecture, Harvard University, Cambridge, Massachusetts 1991-92 Professor of Architecture, Rice University, Houston, Texas 1988-89 Professor of Architecture, Technical University, Delft, Netherlands - Zeche Zollverein Masterplan and Kohlenwasche Essen, Germany Role: Partner-in-Charge (All Phases) Riga Por·t City Riga, Lalivia Role: Partner-In-Charge (All Phases) West Kowloon Cultural Distnct Hongkong, Cl1ina Role: Partner-in-Charge (All Phases) Pex Pare Des Expositrons France, ·Toulouse Role: Partner-in--Charge (All Phases) 1976 Architectural Association, London, England 1975 University of California, Los Angeles School of Architecture, Los Angeles, California 1975 Institute for Architecture and Urban Studies, New York, New York Books By Rem Koo!haas 2011 Project Japan: Metabolism Talks, Taschen 2008/09 Lagos. How it works. Lars Muller Publishers, expected publication date 2007 AI Manakh, Stichting Arch is 2004 Content, Taschen Publishers 2001 Harvard Design School Guide to Shopping, Taschen Publishers 2001 Great Forward, Taschen Publishers 1995 S M L XL, together with the Canadian graphic designer Bruce Mau 1978 Delirious New York: A Retroactive Manifesto for Manhattan (Translated into French, German, Italian, Japanese, Portuguese and Spanish.) Selected Exhibitions Rothscr1ild Bank London, UK Role. Partner-in-Charge (All Phases) Dee & Charles Wyly Theater Dallas, TX. USA Role: Par1ner-in-Charge (All Phases) Prada Transformer Seoul, Korea Role: Partner-in-Charge (All Phases) Seattle Central Library Seattle, WA USA Role Partner-in--Charge (All Phases) 2006 'OMA in Beijing' exhibiton at MoMA, New York 2006 Image of Europe, Heldenplatz, Vienna 2004 Image of Europe, Rond Point Schuman (temporary circus tent), Brussels 2004 Image of Europe, Haus der Kunst, Munich 2004 Content, Kunsthal, Rotterdam 2003 Content, Neue Nationalgalerie, Berlin, Germany 2001 "Mutations," Raffinerie, Brussels, Belgium 2000 Mutations,Arc en Reve, Bordeaux, France Living (extended) at the ICA, London, UK 1997 New Urbanism: Pearl River Delta, Documenta X, Kassel, Germany 1994-95 Rem Koolhaas and the Place of Public 647 Office for Metropolitan Architecture Born 1973 Nationality Japanese .. I Shohei became Director of OMA New York in 2006, and a Partner in 2008. Under the direction of Shohei Shigematsu, the New York office has overseen the suc- cessful completion of Milstein Hall, an extension to the College of Architecture, Art and Planning at Cornell University (2011 ). Most recently, OMA New York cel- ebrated the grounbreaking of their design for the Musee national des beaux-arts du Quebec. Mr. Shigematsu also led a number of competition designs for major institutions including the Broad Art Foundation in Los Angeles and the San Francisco Museum of Modern Art (SF MoMA). During his time at OMA, Shohei Shigematsu has acted as lead architect for many projects in various phases including the Whitney Museum Extension (2001) and a luxury residential tower at 23 E 22nd Street (2008) in New York. Having led the team that won the design competi- tion in 2002, he served as project architect for the CCTV (China Central Television) Headquarters in Beijing until the end of design development Mr. Shigematsu also directed OMA's winning competition entry for the Shenzhen Stock Exchange (SSE) Headquarters in Shenzhen, China (2006). Mr. Shigematsu designed the world-traveling exhibi- tion "Waist Down," featuring more than a hundred skirts designed by Miuccia Prada. The exhibition was first launched in Tokyo (2003), and has since appeared in Shanghai (2004 ), New York and Los Angeles (2005) and Seoul (2009). He also led the design for Prada's London and Shanghai epicenters. He is a visiting faculty member of Columbia University's 648 Universal Studio HG Building Los Angeles Baltic Pearl Masterplan, SL Petersburg, Russia UN City New York, NY .JTC Masterplan Singapore Graduate School of Architecture, Planning, and Preservation, Harvard University Graduate School of Design, Cornell University, College of Architecture, Art and Planning and for Kyoto University of Art and Design. Selected 2012 The End of Business as We Know It Conference: European Business Council in Japan "Programmatic Sustainability" 2012 Barbican Art Gallery, "On Generations: In Conversation with Bjarke Ingels" 2011 Columbia University, Supercities and Megamigrations Conference, "City-Like Architecture" 2011 TEDGiobal Edinburgh, "Specificity3 (cubed)" 2011 Storefront for Art and Architecture, "WHAT IS DESIGN? A Manifesto for the Gwangju Design Biennale" 2010 TEDxEast New York, "Super-Specific" 2009 Harvard GSD, "GSD NOW! In Conversation with Moshen Mostafavi" Academic Involvement 2012 Visiting Faculty, Columbia University, "Re-Run" 2011 Visiting Faculty, Columbia University, "Double Dip" 2009Visting Faculty, Harvard GSD, "Stimulus Package: Post Crisis" 2007-9 Visiting Faculty, Cornell University AAP "fUN studio;" "St. John's Center;" 2007 Design Critic, Yale School of Architecture Koningin Julianaplein The Hague, Tfle Netherlands White City London, United Kingdom Almere Master Plan Almere, Netherlands Milstein Hall ·· Cornell University Ithaca, NY, USA Role: Partner-in-Charge (All Phases) 2007 Design Critic, Princeton University School of Architecture Graduate Program Professional Experience 1999 Office for Metropolitan Architecture Musee national des beaux-arts du Quebec, Quebec Milstein Hall, Cornell University, Ithaca, New York 23 East 22nd Street residential tower and CAA (Creative Artist Agency) Screening Room New York, NY 111 First Street, Jersey City, New Jersey Torre Bicentario, Mexico City, Mexico Shenzhen Stock Exchange Tower, Shenzhen, China Zaragoza Museum, Zaragoza, Spain Prada London Design, London, United Kingdom Baltic Pearl Masterplan, St. Petersburg, Russia Prada Shanghai Design, Shanghai, China White City London Masterplan, London, UK CCTV Headquarters and Television Station, Competition and Design Development, Beijing, China Prada Skirt Exhibition Design in Tokyo, Shanghai, New York, Los Angeles Whitney Museum Extension, New York, New York UN City, New York, New York China National Museum, China LA County Museum of Art, Los Angeles, California Isola Parodi, Genoa, Italy Almere Grote Parkeer Garage, Almere, The Netherlands China Central Television HQ Beijing, China Role: Project Designer (Competrtion- Extended Preliminary Design DD) Shenzhen Stock Exchange Shenzhen, Ctrina Role: Associate-in-Charge (Competition) AI mere fllok 6 Almere, Ttre Netherlands Role Partner .. in-Ct>arge (All Phases) Idea Vertical Campus, Tokyo, Japan House in Bahamas, Bahamas Almere Masterplan Block 6, Almere, The Netherlands Rotterdam Central Station, Rotterdam, The Netherlands JTC Masterplan, Singapore Breda Masterplan, Breda, The Netherlands Zurich Stadium, Urban Development, Zurich, Switzerland Universal Studio HQ Building, Los Angeles, California 1996-97 NKS Architects Fukuoka, Japan 1997 Matsuoka+ Won Architects, Fukuoka, Japan 1996 Toyo Ito Architects & Associates, Tokyo, Japan 649 Approach to the Development of the Masterplan South Beach Arts, Culture, Entertainment (ACE) Located at the crossroads of South Beach, Lincoln Road and an emerging cultural zone surrounding the New World Symphony and Collins Park, the new MBCCD will be a nexus for Arts, Culture, and Entertainment in South Beach: SB ACE. Paradoxically, the Miami Beach convention center-a typology devoted to the dynamic exchange of ideas and goods--has never been a catalyst of urbanity. The scale of the exhibition halls-together with the infrastructure and parking they require-typically create a fortress within the city, inaccessible except to the convention visitor. The new MBCCD masterplan could project a new model for both the operation of the convention center and its relation to the city around it Naming our team and the district "South Beach Arts Culture Entertainment" or SB ACE signals our collec- tive ambition to cultivate a dynamic neighborhood: one that attracts new, potentially global audiences while strengthen- ing connections to South Beach. Succeeding in creating this new point of civic convergence will require innovative planning, and a coherent integration of convention expertise and local knowledge. While the marketplaces and products driving conven- tions have varied over time, the desire to experience the marketplace first-hand remains strong in spite of the rise of online commerce and social networking. In 2011, growth was projected for conventions in square footage, exhibiting companies, attendance, and revenue. On the other hand, significant changes can be seen in the demographics of conference attendees, the numer of internationally exhibit- ing companies, variation of staging effects, and the impact of an increasingly competitive convention center market Our team sees potential for new strategies to re-examine the typology of the convention center both in the context of Miami Beach and on a global scale. Understanding the convention center's embedded connections to local busi- nesses, service industries, and key connection corridors to the surrounding community; a re-thinking of the convention center will consequentially examine and respond to the sur- rounding community and larger network that both supports and draws from the existing convention center. 650 c: m -D.. ,.., c: Q) E c.. 0 -Q) 6; c .... Q) ,.., tn m :2: 11+- 0 ,.., c: Q) E c.. 0 ..... Q) 6; c 0 ,.., ..c: 0 m E c.. c.. <( - Above all, we think the SB ACE District has to reflect char- acteristics of a city: to be flexible, absorbing, functional, surprising. The district must be porous like a sponge, not hermetic like a bubble. The SB ACE District has to welcome its local community with the same conviction and precision as the virtual community of convention visitors and tourists from outside Miami. Connectivity As a potential convergence point between politics, perfor- mance, art, culture, history and business, the MBCCD is uniquely positioned to be the center of a web connecting cultural institutions througHout Greater MiamL Our mas- terplan will seek to harness this latent potential through strategic connections to key areas and important cultural, civic and commercial nodes of Miami Beach. The MBCCD is adjacent to three of the most success- ful pedestrian zones in the US: Collins Avenue/beachfront, the Collins Park Museum District and Lincoln Road. Our team's plan for the district will strive to accommodate heavy vehicular traffic while encouraging and densifying pedes- trian circulation. In particular, our plan will improve connec- tions to Lincoln Road, to the Oceanfront hotels, create new links to the Bass Museum and Collins Park, and increase public transportation to the district and pedestrian circula- tion within. By integrating convention center expertise early on, our team will ensure that parking, loading and other necessary infrastructure is accommodated without forming an impediment to larger ambitions. Public Realm In order to create a vibrant public ream, SB ACE will need to engage with its surroundings, not just operationally, but also urbanistically and programmatically. We will consider public space not as a residue-the spaces between architectures-. but as essence: an independent medium that will allow the public to negotiate and enjoy the abundance of facilities. As the success of the New World Symphony's SoundSpace Park has shown, public spaces can be catalysts for animating existing buildings and engaging the surrounding community. Synergy Our team will explore massing strategies that respond to the existing context while exploiting new opportunities to maxi- mize the financial and urban potential of the district. Rather than compartmentalizing hotel, theater and civic programs around the perimeter of the convention center, could they be integrated? Will the new built area further reinforce the isolation of the MBCCD-replacing barren parking lots with interiorized commercial spaces-or can it act as a connector, embedding open spaces as well as operational flexibility? As 1111 Lincoln Road has shown, elements of the city typically assumed to be in conflict-parking, entertainment, retail, culture-can in fact be mutually beneficial. Through the careful coordination and juxtaposition of the hotel and other programs, a similar overlap and synergy between diverse arrays of activities could be fostered. This can unlock the MBCCD's potential to engage multiple publics: convention goers, adjoining neighbors, Miami Beach residents, residents of the greater South Florida region, tourists, and a growing contingency of cultural visitors. Currently the MBCC and the surface parking lots that surround it are obstacles within South Beach (1), severing its most vibrant parts from one another. We will develop a plan to integrate the MBCCD into the surrounding city (2), unlocking its potential as Miami Beach's public center. Like Rome, the MBCCD can become a seamless conjunction of exterior and interior public spaces embedded within an unmistakably urban fabric (3). 651 Collaboration Our team sees collaboration being vital to the success of the SB ACE District, as a master plan must translate into the physical the ideas, philosophies and needs of its stakehold- ers. Crucial to identifying major planning and development- related issues and issues in the community is a coherent public engagement strategy. While it is essential to involve citizens and their representatives in any major planning effort, it is easy to waste resources on inefficient and poorly focused efforts that do not give effective direction to the work. Our team members have a strong track record of drawing out representative, thoughtful input from citizens that can offer real-world guidance to the project. West Kowloon Cultural District, Hong Kong One example of the team's experience working with the community is OMA's masterplan for the West Kowloon Cultural District in Hong Kong. OMA participated actively in a Public Engagement process organized by the West Kowloon Cultural District Authority, but, sensing that many issues went beyond architecture, felt a responsibility to engage Hong Kong more directly. After establishing an office within Hong Kong, OMA assembled a team of urban planners, researchers and architects derived from Hong Kong, China, and around the world-assisted by expert cultural, financial, and political advisors-to help the firm further understand local conditions. OMA and its advisors organized a series interviews and surveys with citizens from all parts of society -from people on the streets of Kowloon to government officials in Hong Kong & mainland China. OMA actively sought out the views of people who we felt were essential to the viability of the District-local business people, but also the representa- tives of cultural & educational organizations throughout the region, and the artists, performers, and curators on whose work WKCD would depend. Miami Beach Outreach To engage the community and City of Miami Beach, the SB ACE team will apply a similar, pro-active approach throughout the development of our masterplan. Our team will lead an extended series of intimate collaborations- brainstorms, presentations and workshops-between clients, engineers, architects, the city and stakeholders- including residents. Through these events, feedback from the community and public officials will be fully integrated into initial design concepts, rather than being an after-thought to aesthetic imperatives, providing the City with a coherent masterplan that provides innovative solutions to concrete issues. Through this approach, the knowledge of all con- stituencies whose support is vital to the successful rede- velopment of the Convention Center District can be used to develop an masterplan that incorporates the needs of exist- ing and future stakeholders while engaging the community that must support its development. Expert Roundtable The SB ACE team will host a roundtable with cultural experts for an in-depth discussion on the way culture can shape the potential for the convention center district. The SB ACE team will work with local and international experts to understand the issues affecting the MBCCD. om lncluolve ......... s~ace Harbourfrontw_ .... ,... Community-~-Public space -·,--~ ConnectiviW ---~.-;.~~~ .. "-""'*··-liN"•"''""" !""'k --..AUdl&nCe"""""'''--•-•A,ceEt&Sibilllty' &\ -~Waterfront promenade ~ ..... - Outdoor spaC*~mt•~~-'-'~a~mo Sustaina -...,..,. ........., Chinese culture HK chan~ctariotlcs To"""" .. Pollcylntemad ohowotiVIclorio.....,_v.-.. IM..,b41c Integration , ... trw~ --~-·-·• houro-Visionwxcoao ... ',...,,"",.,"" porform11 ___ ._. district ......,_Art~~...w.,__ ~~Pu=~bor-Future aanarations 652 c: m -Q. ....... c: Cl> E c. 0 Cl> ~ 0 s... Cl> ....... (IJ m :aE ~ 0 ....... c: Cl> E c. 0 Cl> ~ 0 0 ....... .J: 0 m e c. c. <( - Focus Group Meetings To accommodate various stakeholder groups, our team will organize focus group meetings to incorporate feedback and advice from various specialty advisors. One-to-One Interviews One-to-one interviews with residents of Miami Beach, conference center management and staff, trade show representatives, and city officials will provide in-depth knowledge of experience wlth the existing district Our team will engage key local players shaping the SB ACE District including retail owners along the pedestrian thoroughfare at Lincoln Road and Collins park, hotel operators that wlll need to support the re-developed facility, and directors of adjoin- ing cultural venues such as the New World Symphony, The Fillmore, the Bass Museum, the Miami City Ballet, the Holocaust Museum, the Miami Beach Garden Conservancy, SOBE Institute for the Arts and the Miami Beach Public Library. Virtual Feedback While there is no substitute for face-to-face discussions with the public, at some points web-based tools such as online surveys and social networking media can provide new ways to reach and engage those citizens who cannot, or will not, attend public meetings. For the SB ACE District, our engagement with the community will integrate a broad range of digital feedback tools, including (but not limited to) explanatory animations and videos, twitter feeds, and onl!ne po!!s to both engage the public and provide a virtual place for community input Consultation Digest OMA will provide a Consultation Digest to introduce the mas~ terplan for the SB ACE District and clearly explain the planning and design concepts to the public. Establishing clear projection~ for the masterplan plays a crucial role in focusing discussion II on specific goals and administrative issues, as well as attaining community 'buy-in' for the success of the effort. Phasing From design through construction, the SB ACE Team has had ~ direct involvement with an assortment of convention centers W around the world including the Javits Convention Center in New York City, McC.ormi~k Place. in Chicago, the Penns~lvania r Convention Center 1n Philadelphia, the Boston Convention ~ Center in Boston, the Cabo Center in Detroit, the Music City Convention Center in Nashville, the Nanjing Conference and . Exhibition Center in Nanjing, China and the Agadir Convention t Centre in Agadir, Morocco. To meet the City's need for a phased expansion and renova- tion that allows for the continued operation of the Convention f Center and associated components during construction, the I SB ACE team will develop a multi-phase plan that draws from our extensive experience with similar projects and the design p approach appropriate for the Miami Beach Convention Center t District. Javits Convention Center, New York City One example is the successful and ongoing renovation of the Javits Convention Center in New York City, Tishman Construction Corporation's most recent convention center l assignment which is expected to be completed in 2013. TCC's ability to maintain operational use of the facilities while construction is underway was achieved through sig- nificant planning and coordination efforts, which included: • The creation of a 100,000 square feet of expansion space at the northern end of the site; • The utilization of a finished panelized wall system and acoustic blankets to separate construction areas; • The creation of three walkways to connect show space otherwise divided by the work zone; • The addition of lights, sprinklers and life safety devices to create separate work space and maintain safety code requirements; • A weekly review with the Operating Corporation to work around show schedules, move-ins and move-outs; • A quarterly meeting with the Operating Corporation to discuss work schedule and performance. Our team recognizes several similarities between this proj- ect and Javits: • Both facilities are 25 +years old and require careful updating of mechanical systems, electrical systems and finishes; • Both facilities must remain fully operational with a full show schedule throughout the construction process; • Both facilities have the ability serve as important and architecturally influential projects within their respective communities. An overall logistics plan will follow Tishman Construction Corporation's Javits concept of creating swing space first to accommodate convention center shows while construction occurs in the various quadrants. This includes the creation of access to and loading docks for the temporary structure. The construction phases define the sequential renovation of spaces. Schedule and Deliverables At the commencement of the three-month period for the development of the Concept Masterplan and Architectural Concept, our team will initiate a three-week research and consultation phase that will culminate in a Scenario Plan summarizing the key issues and Stakeholder impera- tives. This Scenario Plan provides the basis from which the Concept Masterplan and Architectural Concept will be elaborated. During this period, our team will conduct a series of consultant meetings to incorporate technical and local information. Our team will also host a roundtable with cultural experts early on in the development of the master plan to allow their thinking to influence our team's approach. Following the completion of the Scenario Plan, a five- week period will follow during which the initial concepts and strategies of the Concept Masterplan will be developed. This will include initial expansion strategies for the conven- tion center, focusing on logistical and urban impact Efficient and compact work sessions with stakeholders and consul- tants will be organized in Miami on a regular basis during the development of the master plan. In between these work sessions, the research of history, theses and ideas will be conducted by all team members, leading to a coordinated, well-researched and feasible preliminary Conceptual Plan. In previous projects, these work sessions have happened on a weekly or bi-weekly basis often with stakeholders and consultants present. The final four weeks of the project will allow for the further development of the Concept Masterplan and the incorporation and development of the Architectural Concept Design of the Convention Center expansion. Our final masterplan will include an urban design and phasing strategy, determining the overall layout for the SB ACE, massing of building components and the design and character of the public realm. The Architectural Concept Design for Convention Center Expansion will provide an architectural concept and building design that is well- integrated into the greater site strategy. A summary of all work will be presented as the SB ACE District Concept Masterplan Urban Design and Architectural Report. This will consist of: Development Strategy-Deliverables • Project Schedule • Approach To Project Financing • Economic Impact Study • LOI as outlined in the RFQ SB ACE Concept Masterplan-Deliverables • Evaluation of the site and needs of the stakeholders • Design narrative and approach diagrams • Programmatic guidelines • Proposals for public and private program • Site and Convention Center program and total Gross Floor Area (GFA) • Zoning and land use Plan • Location and character of open spaces • Pedestrian circulation • Vehicular circulation and car parking • Site access I egress • Traffic Impact Analysis And Solutions • Phasing of development • Massing Model to appropriate scale (in-house) • Perspective exterior renderings (total TBD) • Explanatory Animation "Fly-Through" (Length TBD) Architectural Concept Design-Deliverables • Design narrative • 3D massing • Typical floor plans indicating the use with associated area schedules • Buildings typical sections I elevations • Perspective exterior renderings (total TBD) 654 t: C'O -Q. ... t: (I) E c. 0 -(I) 6; c '-(I) ... (/) C'O ::!: '+-0 ... t: (I) E c. 0 (I) 6; c 0 ... J:: 0 C'O e c. c. <( From: Jeff [jeffsachs@me.com] To: Monday, December 03, 2012 5:47PM Kathie G. Brooks, A.I.C.P. Cc: Ponce!, Maria; Jorge Shortlist Recommendation Kathie, SAG recommends shortlisting the top two firms to enter into LOI negotiations. Here is the basis for our recommendation: -The Committee scores indicate a clear top two teams. There is a measurable gap to the other respondents. with the Committee's ranking. -In our opinion, the teams by Portman and Tishman have much better mixed-use, convention/hotel, ground-up development than the other teams. We believe new-build, ground up experience is more for the Miami project than purchase/renovation experience. All teams interviewed have design firms for each major component, but two ranked firms also have more robust "development" experience that included raising private capital for ground-up construction. - I know some are worried that if two teams are selected and one drops out, the process could be void. I have been doing this since late 1980s and have never had someone drop out at this point. an alternative, the City may consider shortlisting two and also provide that staff can enter into negotiations with the next ranked one drops out. -Most cities engage the community only once a single development team has been selection. However, Miami Beach desires to have a competitive process that actively engages the neighborhood and community before a selection is made. This will require us to create an effective immersion process that is not so over burdensome that we receive the best input from the true thought leaders. While engaging the community with more than two firms is possible, we run the risk of overloading the true thought leaders. -The Miami Beach convention center project is very complex and will both public and private resources to prepare two competitive term sheets that meet the needs of the City, neighborhood and community. Working with two teams will allow us to spend more time making two great proposals. -SAG just finished a similar competitive process in Houston for their HQ hotel. We shortlisted 2 firms out of 11 proposals. Since were only two firms, we got their best people and attention, and the spirited negotiation resulted in a great deal for the City. me know if you have any questions. Jeff Jeff Sachs, Managing Partner Strategic Advisory Group 3848 Saint Annes Court Duluth, GA 30096 p (678) 584-0705 c (404) 307-9277 F (678) 584-0706 1 655 ATTACHMENT "E" CITY MANAGER'S DUE DILIGENCE Financial Capability and Project Financing The RFQ required proposing teams to describe their financial capability and to also summarize their approach to financing private components of the project. The latter required a summary of the proposer's role in capitalization, relationships with capital sources and their commitment to provide all or a portion of the financing. Additionally, the proposers were to provide the proposed financing mechanism for the public components of the project including any public- private partnership structure. As part of the City's preliminary due diligence, Patricia Walker, the Chief Financial Officer, has reviewed the submittals of the top ranked firms and provides the following information. More extensive due diligence is required and will be performed during Phase II for the shortlisted proposers. Portman-CMC Portman-CMC, the first ranked team is primarily comprised of Portman Holdings, LLC, CMC Group, Cirque du Soleil and Whitman Lazenby Properties. Portman Holdings is wholly owned by the Portman family, and their activities are supported financially by Portman Financial Inc, a holding company owned by the Portman family. As a privately owned company, this entity does not release financial statements; however, Portman officials will discuss the company's financial capabilities with the City at the appropriate time. Financial Capabilities Portman was founded, over 60 years ago and in their proposal they stated they have raised over $6 billion in various debt and equity instruments. In regard to equity capital, Portman states that they have worked with a number of major institutional capital sources to finance premier real estate developments throughout the world and have developed relationships with most major US and international banks. Many representative examples are provided in the document. CMC states that they have raised in excess of $1.25 billion in equity and debt financing to fund their development projects and have worked with a number of private and institutional investors to provide equity and has obtained financing from a number of other lenders. Representative examples of their projects are also provided. Approach to Project Financing Portman-CMC intends to minimize public funds and maximize private investment. The team states that they have a proven track record of working with public sector partners, as illustrated in their proposal, to develop and execute structures that meet the needs of both the capital markets and the public and private sector participants. Portman-CMC will lead the process of securing all debt and equity capital for the project. The development team will commit to fund the pre-development costs and will contribute significant and meaningful equity capital, alongside the larger debt and equity partners. Portman-CMC will be the General Partner and source all Limited Partner equity and construction/bonded debt. To enhance these efforts Portman-CMC has retained Piper Jaffray to assist with optimal debt and equity capitalization. 656 The team will consider both traditional and public/private partnership financing alternatives. Under the traditional approach they suggest conventional private financing for the hotel, retail, residential and parking components and tax-exempt financing for the public convention center and any civic facilities. Under the public/private partnership alternative the team states, that the structure will be driven based on the City's goals and objectives as well as a cost benefit analysis of the project components and capital cost alternatives. South Beach ACE South Beach ACE, the second ranked team is primarily comprised of Tishman Hotel and Realty,LP (THR), UIA Management, LLC (UIA) and OMA'AMO Architecture PC (OMA). This group also has Goldman Sachs and AECOM among its other team members. Financial Capabilities As stated in their proposal, from a financial capability perspective, three team members THR, UIA and AECOM have substantial net worth and demonstrated experience, as evidenced by examples in the proposal, in raising project level debt and equity on a project by project basis. All three firms maintain long standing relationships with debt and equity sources. AECOM states that they have in excess of one billion in committed bank facilities with substantial unused capacity. Approach to Project Financing Also stated in their proposal, equity for the private components of the project will come from THR and UIA with additional equity from institutional investors and possibly AECOM. THR and UIA have a long history of investing their own money in developments, as specifically described by representative projects in their proposal, as well as raising equity from institutional and private equity sources on a project by project basis. Privately funded uses may include some combination of hotel, retail, residential, office and entertainment; each may be financed independently so as to attract the least expensive debt and equity for each use. THR believes this will enable them to pay the most ground rent to the City. THR states that they bring a strong stable balance sheet and substantial annual cash flow available to invest as well as many long standing lender and joint venture partner relationships. Further that their equity value is in excess of one billion dollars. They have raised in excess of $5.1 billion dollars in total debt and equity over the last 15 years and have a portfolio valued in excess of $3 billion with their equity valued at approximately $1 billion. THR is a private company and does not publish their financial statements however; they are prepared to provide audited statements or other information in support of the firm's ability to undertake this project to the City at the appropriate time. AECOM, states that they bring a strong balance sheet that provides both the ability to guarantee construction completion and invest as a joint venture partner. In 2011, they state their revenues were $8.1 billion and they had $457 million of cash and in excess of $917 million of available capacity in bank lines of credit. In regard to public project financings mechanisms, THR stated that they have devised creative public/private partnerships to finance high profile projects. AECOM stated that 657 they have a division dedicated to building and financing public/private partnerships. This team will assist with a financing structure that will likely include a combination of traditionally tax exempt financings secured by Resort Tax, Parking Revenues, Non Ad Valorem sources and an extension of the RDA. Additionally they will work to develop other programs to minimize financing risk to the City and have added Goldman Sachs to their team to assist in these areas. Results of Due Diligence Both teams have included information in their proposals which describe strong financial capabilities and significant experience in raising debt and equity capital. Additionally, both teams bring the capacity to invest in the private components of this project and assist with the strategic planning and execution of financing the public portions using either traditional or non- traditional models as the particular circumstance dictates. 658 RESOLUTION TO BE SUBMITTED 659 COMMISSION ITEM SUMMARY Condensed Title: 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 Lanzo Construction Co., Florida, For The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program, Neighborhood No.8 Central Bayshore And Lake Pancoast; Dated April8, 2011 (The Contract), To Provide Complete Milling And Resurfacing Of The Roadway In Lieu Of Asphalt Overlay For Certain Areas. A Resolution Of Approving An Increase To The Base Construction Contract Value, For The Right-Of-Way Infrastructure Improvement Program -Neighborhood No. 8-Central Bayshore And Lake Pancoast, For Additional Water Meter Boxes And Relocation Of Backvard Water Services. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey from residents rated the following as "excellent or good": Recently completed capital improvement projects (81 %), stonn drainage (37%), and condition of roads (44%}. Item Summa /Recommendation: On January 19, 2011, the City adopted a Resolution, approving and authorizing the execution of a contract, pursuant, for the right- of-way infrastructure improvement program-Neighborhood No. 8-Central Bayshore and Lake Pancoast. Amendment No. 1 -Milling and resurfacing: The existing project plans call for a pavement overlay on all the neighborhood streets. However, due to existing conditions both the resident project representative (RPR) and the engineer of record (EOR) have recommended milling and resurfacing where required to provide a more durable pavement. The City desires to include the requested changes as part of the current project construction work. On July 9, 2012, the Administration presented the aforementioned revisions to the Finance and Citywide Projects Committee {FCWPC) regarding additional capital budget requests to include warranted infrastructure needs for stormwater, roadway milling and resurfacing, and valley gutter improvements. On September 27, 2012 the City Commission approved the additional funding to the Capital Budget 2013 for the construction of the implementation of the 11 points requested by the HOA, additional stormwater upgrades and complete milling and resurfacing of the roadway. The total budget approved was $4,936,607. Amendment No. 1 includes complete milling and resurfacing of the roadway in lieu of asphalt overlay. Release of this funding will not only keep the contractor's pavement crews working, but it will also allow an early delivery of the portion ofthe Central Bayshore area indicated in description A below which contains the St. Patrick's church and school. The areas are: A. Central Bayshore: North of 34 Street to 41 Street between Alton Road and Meridian Avenue($ 222,863) B. Lake Pancoast 25 Street, 26 Street, and Flamingo Drive north of 25 Street($ 83,331) A subsequent amendment for the remaining scope presented to the Finance and Citywide Committee on July 9, 2012 for Central Bayshore A will be brought to Commission at a later date once the design for the additional stonnwater improvement is completed and permitted. The schedule shows an early start date for the pavement overlay in Central Bayshore A and Lake Pancoast on December 13, 2012. Increase to the base construction contract value: This request authorizes an increase to the base construction contract value, in the amount of $415,450, with funds previously appropriated in the Capital Budget for this project from Fund 424, Water and Sewer Bonds 2000 Series. Since the Consultant omitted the line item from the project LCC did not submit a unit price or account for this scope of work. After several meetings with City staff, the EOR and the RPR, the final negotiated price for the relocation of the backyard services is $3,150 per service. There are a total of 63 services in Central Bayshore and 15 services in Lake Pancoast for a total of 78 service relocations. Additionally, the design standards for water meter boxes have changed since the project was first designed necessitating a modification to the project. The value of the new water meter boxes is $350 per box. There are a total of 485 boxes that have to be installed throughout Central Bayshore A. The total cost for both is $415.450. The City will submit a letter to CH2MHill advising them that the City will exercise its right under the contract to obtain reimbursement for damages/costs above and beyond the expected costs incurred if it were competitively bid. The Administration recommends that the Ma Adviso Board Recommendation: N/A Source of Amount Account Funds: 302-2205-069357 424-2205-069357 3 428-2205-069357 4 384-2325-069357 5 424-2325-069357 OBPI 6 428-2325-069357 $721,644 MIAMIBEAC 660 AGENDA ITEM DATE lvl2...-l z_ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of.the~ity. ommission Kathie G. Brooks, Interim City Manager~? , / December 12, 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 LANZO CONSTRUCTION CO., FLORIDA, FOR THE CONSTRUCTION OF THE CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO.8 CENTRAL BAYSHORE (PACKAGE A) AND LAKE PANCOAST (PACKAGE C); DATED APRIL 8, 2011 (THE CONTRACT), IN THE NOT-TO-EXCEED AMOUNT OF $306,194 TO PROVIDE COMPLETE MILLING AND RESURFACING OF THE ROADWAY IN LIEU OF ASPHALT OVERLAY FOR CERTAIN AREAS WITHIN PACKAGE A, NORTH OF 34 STREET TO 41 STREET BETWEEN ALTON ROAD AND MERIDIAN AVENUE; AND PACKAGE C, 25 STREET, 26 STREET AND FLAMINGO DRIVE NORTH OF 25 STREET; WITH CURRENTLY APPROPRIATED FUNDING IN THE FY2012/13 CAPITAL BUDGET, IN THE AMOUNT OF $278,358 FOR CONSTRUCTION, AND $27,836, FOR CONTINGENCY, FOR A GRAND TOTAL OF$ 306,194. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN INCREASE TO THE BASE CONSTRUCTION CONTRACTVALUE, FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM-NEIGHBORHOOD NO.8-CENTRAL BAYSHORE (PACKAGE A) AND LAKE PANCOAST (PACKAGE C), IN THE AMOUNT OF $415,450 FOR ADDITIONAL WATER METER BOXES AND RELOCATION OF BACKYARD WATER SERVICES; FROM PREVIOUSLY APPROPRIATED FUNDING FROM FUND 424-WATER AND SEWER BONDS 2000 SERIES. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. KEY INTENDED OUTCOME Ensure value and the timely delivery of quality capital projects. Improve storm drainage citywide. Maintain City's infrastructure. FUNDING -AMENDMENT NO. 1 Funding in the amount of $278,358 plus an Owner's contingency of $27,836 for a grand total of $306,194 has been previously appropriated in the Capital Budget as follows: 661 Commission Memorandum -Central Bayshore A Lanzo Construction of Florida, Inc. Contact Amendment and Increase to the Base Construction Contract Value December 12, 2012 Page 2 of5 BAYSHORE BP8A-CENTRAL BAYSHORE $ 44,572 $ 66,859 $111.432 $222,863 Pay As You Go, account# 302-2205-069357 Water and Sewer Bonds 2000 Series, account# 424-2205-069357 Stormwater Bonds 2000 Series, account# 428-2205-069357 BAYSHORE BP8C-LAKE PANCOAST $ 16,666 2003 GO Bonds -Neighborhood Improvements, account# 384-2325-069357 $ 24,999 Water and Sewer Bonds 2000 Series, account# 424-2325-069357 $ 41 .666 Stormwater Bonds 2000 Series, account# 428-2325-069357 $83,331 $306,194 Total Amendment No. 1 FUNDING FOR INCREASE TO THE BASE CONSTRUCTION CONTRACT VALUE Funding in the amount of $415,450 has been previously appropriated in the Capital Budget as follows: $368,200 $ 47.250 $415,450 Water and Sewer Bonds 2000 Series, account# 424-2205-069357 Water and Sewer Bonds 2000 Series, account# 424-2325-069357 Total Contingency Increase BACKGROUND The Bayshore Neighborhood No. 8 Right-of-Way Improvements Project was one of thirteen neighborhood improvement projects included in a program developed by the City of Miami Beach to improve the quality of life of its residents. The program included citywide water and stormwater improvements; as well as a variety of streetscape enhancement projects. This Commission Memorandum addresses two (2) of the Bayshore sub-neighborhoods; Central Bayshore Neighborhood No. 8A (Package 8A) and Lake Pancoast Neighborhood (Package 8C). Other neighborhoods such as Biscayne Point, Sunset Islands 1 & 2 and Venetian Islands received additional unplanned improvements particularly for water and stormwater improvements and for milling and resurfacing based on technical needs. After the planning and design phases, Invitation to Bid (ITB) No. 18-09/10 was issued for packages 8A/8C on December 31, 2009. Bids were reviewed by the Technical Review Panel (TRP), as part of the City's standard Best Value procurement process for the recommendation to award the construction contract. On January 19, 2011, the City of Miami Beach (City) adopted Resolution No. 2011-27587, approving and authorizing the Mayor and City Clerk to execute a contract with Lanzo Construction Company of Florida (LCC), pursuant to Invitation to Bid 18-09/10, for the right-of-way infrastructure improvement program-Neighborhood No. 8-Central Bayshore (Package A) and Lake Pancoast (Package C). The original project scope of work included new water mains to upgrade the existing 6-inch water mains, drainage installation, road paving and restoration, concrete sidewalk repairs, minor valley gutter installation and landscape. The first Notice to Proceed (NTP-1) was issued to LCC on August 19, 2011. The Pre-Construction conference took place on October 26, 2011 and the second Notice to Proceed (NTP-2) was issued on October 31, 2011. Construction mobilization took place on November 7, 2011. The project has a 24 month schedule and is currently at 45% completion. 662 Commission Memorandum -Central Bayshore A Lanzo Construction of Florida, Inc. Contact Amendment and Increase to the Base Construction Contract Value December 12, 2012 Page 3 of5 BACKGROUND-PROJECT ADDITIONAL FUNDING On July 9, 2012, the Administration presented the aforementioned revisions to the Finance and Citywide Projects Committee (FCWPC) regarding additional capital budget requests to include warranted infrastructure needs for stormwater, roadway milling, resurfacing, and valley gutter improvements (Refer to Exhibit B). On September 27, 2012 the City Commission approved the additional funding to the 2013 Capital Budget for the construction of the implementation of the 11 points requested by the HOA, additional stormwater upgrades and complete milling and resurfacing of the roadway. The total budget approved was $4,936,607. ANALYSIS-AMENDMENT NO. 1 Milling and Resurfacing of Roadways: The existing project plans specify a pavement overlay on all the neighborhood streets. Field investigations during construction have identified the existing pavement to be in worse condition than anticipated due to pavement deterioration and distress. The condition of the roadway is not sustainable for the long term with only a pavement overlay. Both the resident project representative (RPR) Atkins, and the engineer of record (EOR) CH2M Hill, have recommended milling and resurfacing at specified locations to provide a more durable pavement. The original BOOR recommended that all roads within the Central Bayshore neighborhood be resurfaced with a one ( 1) inch overlay of asphalt and that milling of the roadway be limited to areas where there is excessive scarring or where the grade (slope) of the road needs to be modified to support stormwater drainage. Milling is a process that grinds and removes the existing asphalt surface to change the slope of the surface and to assist bonding between the existing and new asphalt courses. Only 20% of the existing road surface was originally projected to require milling prior to resurfacing to address scarring and grading issues. The City desires to include the requested changes as part of the current project construction work. The engineer of record has revised the existing plans and will submit applications for revised permits to the applicable governmental agencies. The estimate of cost submitted by the EOR for the above scope was agreed to and accepted by LCC. The RPR reviewed the estimate of cost and found it to be fair and reasonable. The estimate provided by the EOR, is attached as Exhibit A and the RPR review and approval is attached as Exhibit A-1. The total cost for the above requested scope is $306,194. Project Schedule: Amendment No. 1 includes complete milling and resurfacing of the roadway in lieu of asphalt overlay. Release of this funding will not only keep the contractor's pavement crews working, but it will also allow an early delivery of the portion of the Central Bayshore area indicated in description A below which contains the St. Patrick's church and school. The areas are: A. Central Bayshore A on 34 Street and 41 Street between Alton Road and Meridian Avenue (Refer to Exhibit C-1 ) B. Lake Pancoast on 25 Street, 26 Street, and Flamingo Drive north of 25 Street (Refer to Exhibit C-2). A subsequent amendment for the remam1ng scope presented to the Finance and Citywide Committee on July 9, 2012 for Central Bayshore A will be brought to Commission at a later date once the design for the additional stormwater improvement is completed and permitted. The schedule indicates a start date for the pavement overlay in Central Bayshore A and Lake Pancoast on December 13, 2012 (Refer to Exhibit D). 663 Commission Memorandum -Central Bayshore A Lanzo Construction of Florida, Inc. Contact Amendment and Increase to the Base Construction Contract Value December 12, 2012 Page 4 of5 ANALYSIS -INCREASE TO THE BASE CONSTRUCTION CONTRACT VALUE This Resolution requests an increase to the base construction contract value for the Right-of-Way Infrastructure Improvement Program -Neighborhood No. 8 -Central Bayshore (Package A) and Lake Pancoast (Package C) due to unforeseen conditions and engineer's omission. Revision to Water Meter Boxes: CH2M Hill had designed the project to use the existing water meter boxes for the installation of the 2" water services. However, since the approval of the plans several years ago, Public Works standards have changed. The size of the water meter boxes that are required are larger to be able to accommodate the fittings and to be used for any water meter upsizing in the future. To date, the unit price of the new water meter boxes included in the contract is $350 per box. There are a total of 485 boxes that have to be installed throughout Central Bayshore A. The total cost will be $169,750. Relocation of Backyard Water Services to Front: CH2M Hill did not include the backyard water service relocation services as part of the bid package for Central Bayshore (A) or Lake Pancoast (C). Since the Consultant omitted the line item from the project LCC did not submit a unit price or account for this scope of work. The City requested a proposal for the work from the contractor and initially received a cost of $3,600 per service (Refer to Exhibit E-1 ). After several meetings with City staff, the EOR and the RPR, the final negotiated price for the relocation of the backyard services is $3,150 per service (Refer to Exhibit E-2). There are a total of 63 services in Central Bayshore (A) and 15 services in Lake Pancoast (C) for a total of 78 service relocations. The total cost will be $245,700. As a result, the costs of the additional unforeseen condition and engineer's omission are being submitted and approved as a change order to the contract. The contingency has been nearly depleted for other unforeseen conditions and owner requested items. This request is to authorize available funds that have been previously appropriated in the project budget from Fund 424, Water and Sewer Bonds 2000 Series, to increase the base construction contract value in the amount of $415,450, to cover the unforeseen conditions and engineer's omission. The City will submit a letter to CH2MHill advising them that the City will exercise its right under the contract to obtain reimbursement for damages/costs above and beyond the expected costs incurred if it were competitively bid. 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 Lanzo Construction Co., Florida, for the construction of the City of Miami Beach Right of Way Infrastructure Improvement Program, Neighborhood No. 8 Central Bayshore (Package A) and Lake Pancoast (Package C); Dated April 8, 2011 (The Contract), in the not-to-exceed amount of $306,194 to provide complete milling and resurfacing of the roadway in lieu of asphalt overlay for certain areas within Package A, North of 34 Street to 41 Street between Alton Road and Meridian Avenue; and Package C, 25 Street, 26 Street and Flamingo Drive North of 25 Street; with currently appropriated funding in the FY2012/13 capital budget, in the amount of $278,358 for construction, and $27,836 for contingency, for a grand total of $306,194. The Administration also 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 increase the base construction contract value, for the Right-of-Way Infrastructure Improvement program - Neighborhood No. 8 -Central Bayshore (Package A) and Lake Pancoast (Package C), in the 664 Commission Memorandum -Central Bayshore A Lanzo Construction of Florida, Inc. Contact Amendment and Increase to the Base Construction Contract Value December 12, 2012 Page 5 of5 amount of $415,450 for additional water meter boxes and relocation of backyard water services; from previously appropriated funding from Fund 24 -Water and Sewer Bonds 2000 Series. Attachments: Exhibit A: Engineer's Estimate (2 pages) Exhibit A-1: RPR's Review and Approval of Estimate Exhibit B: FCWPC R.O.W. Memorandum of July 9, 2012 Exhibit C-1: Subject Area Map-Central Bayshore Exhibit C-2: Subject Area Map -Lake Pancoast Exhibit D: Schedule Exhibit E-1: Backyard Relocation Original Cost with Negotiation Mark ups Exhibit E-2 Backyard Relocation Services (RPR and EOR) Approval T AGLNU/\\20 12\1 tc and ~MLMO,doc 665 Exhibit A MEMORANDUM Central Bayshore -Pavement Restoration PREPARED FOR: COPY TO: PREPARED BY: DATE: PROJECT NUMBER: Darlene Fernandez/CIP Maria Hernandez/CIP Walt Schwarz November 30, 2012 399137.CA.PA.Ol CH2MHILL:" Construction in the Central Bayshore and Lake Pancoast neighborhoods has been underway for over a year. During this time, installation of water main and stormwater collection system components has demonstrated that much of the pavement on the residential streets in the project area does not meet City standards and in many cases is badly deteriorated. The condition of the pavement is not unexpected: the original design for the project area included full-depth pavement reconstruction. However, this component ofthe work was considerably reduced, to just Lower North Bay Road and portions of Lake Pancoast, to reduce the overall cost of the project(s). Excavations for pipe installation show that the asphalt thickness is the primary concern, being considerably less than 2 inches thick in many locations with the presence of surface cracking, settling and small potholes. The pavement condition has been documented by the CEI for the project (Atkins) during the course of construction activities, mostly based on the difficulty of providing suitable trench repair until the final road surfacing can be completed. During construction project meetings and discussions of pavement condition, both the EOR and the CEI have recommended that the City consider milling and resurfacing of the roadways in the project as a replacement for the final! inch overlay. This recommendation has been put into a proposed additional funding request for the project. As EOR for the project, CH2M HILL continues to support this recommendation to provide a completed project that meets the service and aesthetic needs of the affected neighborhood. The City (CIP) has determined that paving throughout the project should include more than trench repair and overlay, specifically milling of the existing pavement and resurfacing with 2 inches of new asphalt pavement. This work is planned to be carried out in two sections so that currently disturbed areas ofthe project can be completed and restored: 1. Section 1: the Lake Pancoast area and the northwest corner ofthe Central Bayshore area as shown in Figures 1 and 2 provided at the end of this memo., 2. Section 2: the remainder of the project area being provided with new valley gutters. The paving conditions in Section 1 have reviewed and the areas of required paving improvements determined. The quantities of work and subsequent cost based on existing contract unit prices are shown in Table 1. It is proposed to add this additional work into the contractors (Lanzo) contract by change order. CENTRAL BAYSHORE_PAVEMENT RESTORATION COPYRIGHT 2012 BY CH2M HILL, INC, • COMPANY CONFIDENTIAL 666 en en ....... Table 1 Central Bayshore/Lake Pancoast Milling and Re-Surfacing Section 1 Pay ltem Item Central Bayshore (orphan area) 4.17.a Asphalt milling, variable depth, up to 2" 4.16.d Asphalt concrete, type S-Ill, leveling course 4.16.e Asphalt concrete, type 5-111, 2" thick 4.16.b Asphalt concrete, type S-111, 1" thick Rework Base lake Pancoast 4.17.a Asphalt m1111ng, variable depth, up to 2" 4.16.d Asphalt concrete, type S-Ill, leveling cour~e 4.16.e Asphalt concrete, type S-Ill, 2'' thkk 4.16.b Asphalt concrete, type S-Ill, 1" thick Rework Base Total Cost-Section 1 Contingency Total Cost-Section 1 Unit SV TONS SV SY 5Y <;'{ TONS SY SY SY Unit Price Qvamity $ 2.00 19310 $ 95.00 100 $ 11.50 19310 $ 5.00 -19310 6 4827.5 $ 2.00 5625 $ 95.00 100 $ 11.50 6625 $ 5.00 -6625 6 1656.25 10% ' EKtt'nded Co~t $ 38,620.00 $ 9,500.00 $ 222,065.00 s (96,550.00) s 28,965.00 $ 202,500.00 s 13,250.00 $ 9,500.00 $ 76,187.50 $ (33,125.00) $ 9,937.50 $ 75,750.00 s 278,350.00 $ 27,835.00 1 $ 306,1ss.oo 1 0 m ~ ~ r '" l> -< (J) I 0 ::0 m I -u ~ m s: m ~ ::0 m (J) d ~ 5 z I I Date: December 3, 2012 Darlene M. Fernandez, P.E. Capital Projects Coordinator Office of Capital Improvement City of Miami Beach Exhibit A-1 Atkins North Amerka, Inc. 2001 Northwest 1 07th Aver111e M1ami, Flonda 33172-2507 Telephone: +1.305.592.7275 www.atkinsglobal.com/northamerica Submitted via e-mail Subject: Central Bayshore/Lake Pancoast Pavement Milling & Resurfacing Atkins' Review of Unit Price (Regrade Existing Limerock Base) Dear Darlene, At the request of the City of Miami Beach, Atkins has completed the review of the unit price for the "Regrade Existing Limerock Base" in the attached spreadsheet and found that the unit price of $6.00/SY appears to be reasonable and within current market pricing for this particular item. Please note that quantities for milling and resurfacing were not reviewed, only unit price for same. Moreover, remainder of scope was not reviewed. If you have any questions or comments, please do not hesitate to contact us. We thank you for the opportunity to be part of this very important project. Please contact me with any questions or comments at (305) 514.3211, or """""'""~,,~~~='~''"'c::'"cr""""''"~ Sincerely, Juan Alfonso, Assoc. AlA Assoc. VP, Group Manager cc. Armando Amet-Atkins Hermine Gonzalez-Atkins File 668 Central Bayshore/lake Pancoast Milling and Re-Surfacing Section 1 Item Item Central Bayshore (orphan area) 4.17.a 4.16.d phalt concrete, type S-Ill, leveling cour phalt concrete, type S-Ill, 2" thick phalt concrete, type S-Ill, 1" thick 669 ATTACHMENT Unit Unit Price Quantlt Extended Cost Exhibit B (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gav TO: FROM: DATE: SUBJECT: Finance and Citywide Projects Committee Kathie G. Brooks, Interim City Manager July 9, 2012 COMMITIEE MEMORANDUM DISCUS~ION ON AMENDING THE BASIS OF DESIGN REPORT FOR CENTRAL BAYSHORE NEIGHBORHOOD NO. 8A AND LAKE PANCOAST NEIGHBORHOOD NO. 8C TO INCLUDE HOA REQUESTS, ADDITIONAl STOR.MWAT~.R IPlPROVEMENTS, AND ADDITIONAL MILLING AND RESURFACING. The purpose of this informational memorandum is to provide general background for a discussion on amer.ding tt;e current Basis of Design Review Report (BOOR) and associated funding impacts for the Central Bayshore neighborhood in order to incorporate the implementation of severa! Homeowner Association (HOA) requests; provide additional stormwater upgrades; ar.d to provide milling and resurfacing of the roadway in lieu of asphalt overlay. BACKGROUND-ENGI"!EERING On May 16, 2001, the City of Miami Baach (City) adopted Resolution No. 2001-24387, approving and authorizing the execution of an agreement with CH2M Hill, Inc. (CH2M Hill) for professional serv\ces fer the Rlght~of~Way {ROW) Infrastructure Improvements Program for Neighborhood No. 8 -8ayshore and Sunset Islands project pursuant to Request for Qualifications (RFQ) N·o. 134-99/00. The agreement was for planning, design, and construction administration services for the collective Bayshore Neighborhoods which was originally one (1) project and was subsequently separated into five (5) individual projects via amendments to the original agreement. These five projects included Central Bayshore Neighborhood SA (Package SA), lower North Bay Road Neighborhood 88 {Package 8B), lake Pancoast Neighborhood 8C (Package SC), and the Sunset Islands (Packages 80 and 8E). BACKGROUND-BOOB On April 9, 2003, the City Commission approved the Basis of Design Report (BOOR), completed and submitted by CH2M Hill for the Neighborhood No. 8 Bayshore I Sunset Islands Project. This BOOR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design Review Board (ORB). The first workshops occurred in 2001. A complete chronological summary of the history of the planning and design effort is attached as Exhibit A. 759 670 FCWPC Meeting-July 9, 2012 Page 2 of 9 ANALYSIS The Bayshore Neighborhood No. 8 Right~of-Way Improvements Project was one of thirteen neighborhood improvement projects included in a program developed by the City of Miami Beach to improve the quality of life of its residents. The program Included citywide water, wastewater and stormwater improvements; as well as a variety of streetscape enhancement projects. This Finance Committee Memorandum addresses two (2) of the Bayshore sub- neighborhoods; Central Bayshore Neighborhood No. 8 (Bid Package A) and the Lake Pancoast Neighborhood No. 8 (Bid Package C). Other neighborhoods such as Biscayne Point, Sunset Islands 1 & 2 & Venetian Islands have received additional unplanned improvements particularly for water and stormwater improvements and milling and resurfacing based on technical needs. After the planning and design phases, Invitation to Bid {IT B) No. 18-09/10 was issued for Packages 8A/8C on December 31, 2009. Bids were received by the Technical Review Panel (TRP), as part of the City's standard Best Value Procurement process for the recommendation to award the construction contract. Pursuant to the Technical Review Panel's and City Manager's recommendation, the Mayor and City Commission adopted Resolution No. 2010- 27587 on December 8, 2010 authorizing the award of Packages 8A and 8C to Lanzo Construction Co. of Florida (LCC) in the amount of $18,414,814.55 including contingency. The first Notice to Proceed (NTP-1) was issued to LCC on August 19, 2011. The Pre- Construction conference took place on October 26, 2011 and the second Notice to Proceed (NTP-2) was issued on October 31, 2011. Construction mobilization took place on November 7, 2011. The project has a 24 month schedule and is currently at 25% completion (refer to Exhibit E, LTC291-2011, dated 11-14-11). HOA REQUESTS I REVISIONS -11 POINTS In early 2010, following completion of design and permitting services for the Central Bayshore project area, the neighborhood association (HOA) requested that the City consider changing the width of some streets in the project area as well as some aspects of the completed design. Several meetings highlighting this request took place as follows: • February 5, 2010 -LTC advising commission of the design activity that has taken place far the project. • February 16, 2010-The Neighborhoods and Community Affairs Committee Meeting. • March 8, 2010 -Capital Improvement Projects Oversight Committee Meeting. Report is sent via Commission Memorandum on May 12, 2010. • April, 2010 -The Bayshore HOA forwarded a letter to the CIP Department highlighting eleven (11) key issues/concerns (Refer to Exhibit B attached). A presentation board graphically depicting the 11 items was also submitted to the City by the HOA for consideration. These eleven issues/concerns were referenced and discussed at other publicly-noticed meetings, including: o May 25, 2010 -The Neighborhoods and Community Affairs Committee Meeting. o June 28, 2010-LTC advising Commission of the current project activity. Package includes the CIPOC, March 8, 2010 Meeting Minutes, April12, 2010 HOA list of "11 Points", and May 25, 2010 Neighborhoods Committee Memorandum. o September 22, 2010 -The Mayor's Blue Ribbon Bikeways Advisory Committee Meeting. On August 25, 2011, and prior to commencement of construction, members of the Bayshore HOA met with CIP to, again, request that the eleven (11) items be considered for incorporation into the project design. CIP approached the Public Works Department (PWD) in several 760 671 FCWPC Meeting-July 9, 2012 Page 3 of9 instances to discuss possible options on behalf of the residents. Subsequent meetings and correspondence took place between CIP, PWD, Planning and the Parks Department, and a compromise was reached for the majority of the items. The final, agreed to, eleven (11) Points were presented to the residents during the publicly advertised Community Pre-Construction Meeting of August 31, 2011. The requested changes were either not part of the BOOR, upon which the project design was developed, or were modifications to the BOOR. Some of the requested changes require modifications to the City's current Atlantic Greenway Network (AGN-Bike Route Master Plan), which will need to be updated should these recommendations be approved by the City Commission. Some of the currently designed roadways were increased in width to accommodate bike lanes. It is important to underline that the Commission, in the past, has requested to not impact the landscaping by increasing the pavement width to accommodate for bike lanes. The plans will require this revision should the Commission decide to accept the modification to the BOOR and the AGN. The plans will require a revision by the Engineer of Record to the currently permitted plans. Permits obtained to date are also based on the current design and will also need to be updated. The approved HOA requested items are listed below. For a complete summary and location plan of the eleven (11) points refer to Exhibits C-1, C-2, and C-3: 1. Narrow Sheridan Avenue from 30th Street to 40th Street from +/-32 feet to 24 feet and provide for a bike route (sharrow) and bus bays. The plans currently call for the street to remain the same width at +f-32 feet. There will be a credit for asphalt paving from the current budget and an increase for additional swales which should balance out. 2. Narrow North Meridian Avenue from Dade Boulevard to 28th Street and eliminate the proposed bike lanes and repla,ce with a bike path within the right·of~way adjacent to the golf course. Reduce the road width to 22 feet Twenty two feet is the minimum width allowed on collector streets. The plans currently indicate an increased road width of 28 feet from existing 23 feet. There will be a credit for fwe feet of new roadway and elimination of the Bike Lanes from the current budget and an increase for additional swales. 3. Remove Prairie Avenue from 28th Street to Dade Boulevard from the Central Bayshore scope of work since this project was already completed by Public Works in 2011. This is a full credit to the project. 4. The HOA has also requested the removal of the Bike Lanes along Prairie Avenue from 281h to 40th Streets and a reduction in the roadway from 28 feet to 20 feet. PWD strongly recommended against this since the bike lanes already exist and are part of the adopted AGN and Prairie Avenue is a collector street No change is recommended to be made to the plans and there would be no change to the current budget. 4a. Alternative Request-In addition to the removal of the Bike Lanes on Prairie Avenue, the residents have subsequently requested that Priarie Avenue be reduced to a minimum allowable roadway width for local roads and that an alternate bike facility be placed on Royal Palm Avenue. The residents have requested a Bike Boulevard, however unless Royal Palm is widened, which has not been the desire of the community, the only feasible bicycle facility which could incorporated in this roadway would be sharrows. In addition, added costs would be have to be incurred for the reduction of Prairie Avenue. This alternative would require a change to the current 761 672 FCWPC Meeting -July 9, 2012 Page 4 of 9 plans and the currently adopted AGN, as well as generate an increase in the currently projected construction cost estimate being presented herein. The added cost is due to a reduction of the roadway width from 28 feet to 22 feet which is not currently budgeted. 5. Maintain 28th Street from Sheridan to Prairie Avenues at 24 feet in width with the addition of sharrows in lieu of bike lanes. The plans currently indicate roadway widening to 28 feet with bike lanes. Redefine the current 10 foot wide multi-use sidewalk from the south side of 28th Street to maintain pedestrian connectivity with Sheridan Avenue. Establish connectivity to Prairie and North Meridian Road for safety. There will be a credit for four feet of new roadway and the concrete sidewalk from the current budget and an increase for additional swales which should balance out. 6. Narrow 34th Street from Chase Avenue to Pine Tree Drive to 22 feet in width with sharrows. The plans currently indicate a road width of 28 feet with bike lanes. There will be a credit for the asphalt and road widening since the existing roadway width is approximately 23 feet. 7. Fairgreen Drive to remain Within its existing width of 16 feet. This can be accomplished by removing the scope of work from the ROW project and resurfacing the street as a separate maintenance project. The plans currently indicate a road widening to 20 feet. There would be a credit for the asphalt and road widening if the roadway remains at the current width. 8. The current plans increase 31st Street from Sheridan Avenue to Pine Tree Drive from an existing width of 15 feet to 20 feet in order to remain continuous with the remaining street width. The HOA is willing to accept this as a compromise, therefore no change in the current plans is expected and no additional cost is anticipated. 9. Eliminate all proposed mid-block stamped asphalt decorative treatments and replace with concrete paver treatments. It is anticipated that the County will not approve mid block pedestrian crossings due to traffic safety concerns. Moreover, the BOOR would need to be modified to eliminate the previously requested "traffic tables" and instead allow the Public Works department to conduct a traffic calming analysis along this corridor to determine if traffic calming is indeed warranted and what type of traffic calming facility would need to be incorporated to mitigate traffic concerns. Under this scenario the City would be in a better position to a) determine the type of traffic calming facility and b) allocate the adequate proper funding source for implementation 10. Eliminate all proposed stamped asphalt decorative crosswalks at intersections and replace with concrete paver treatments. With the exception of 40th Street, current plans call for stamped asphalt. No changes to the current design plans will be made since a different type of treatment outside of the adopted stamped asphalt could result in other neighborhoods generating similar requests throughout the City and funding requests to be evaluated in concert with all neighborhoods. Additional funds would be required for this change which is not currently programmed. 11. Eliminate the proposed Royal Palm species on the south side of 40th Street as they are sporadically spaced and replace with Mahogany species. Add more canopy trees wherever possible as per the recently completed plan submitted by the HOA. (Refer to Exhibit C-3). Current permitted plans include up-lighting and shrubs which could be removed from the scope. Landscape plans will need to be modified to reflect these changes at minimal or no cost. 762 673 FCWPC Meeting-July 9, 2012 Page 5 of9 Pursuant to the aforementioned requests by the HOA, the City is bringing forth these changes as part of the current project construction work. The engineer of record would need to revise the existing plans and submit applications for revised permits to the applicable governmental agencies. The HOA requested items are not expected to require a significant Increase in construction cost, based upon preliminary estimates. A detailed estimate of probable cost will be submitted by the consultant once revised construction documents are completed. ADDITIONAL STORMWATER UPGRADES The Bayshore neighborhood is bounded by the environmentally sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida Water (OFW) and intracoastal waterway. The area has relatively low-lying and flat topography that experiences high intensity rainfall, significant tidal influence, limited soil storage for infiltration, and very limited swale storage capacity due to a high distribution of impervious area. The Central Bayshore Neighborhood's current stormwater management system consists primarily of outfalls served by swales, inlets, storm drains, and culverts. The existing design is based upon the recommendations of the City's 1997 Stormwater Master Plan and the subsequent Bayshore neighborhood BOOR. The City's stormwater master plan consultant, COM Smith, undertook an extensive stormwater analysis of the Bayshore Neighborhood. The current analysis makes use of modeling from the Draft Stormwater Master Plan, which is more sophisticated than the previous 1997 Stormwater Master Plan. The stormwater master plan determined that Pump Station No. 2 located between Pine Tree Dr. and Flamingo Dr., can be replaced with a system based on gravity wells and upsized outfalls. Pump Station No. 2 could then be relocated in a more needed location to the area of 28th St. and Fairgreen Drive and be used to provide additional stormwater infrastructure within Zone 4 and the North Meridian collection system indicated in Exhibit 0-2. After a major storm event that occurred on October 30, 2011, which flooded a substantial area of the Central Bayshore neighborhood, the PWD and CIP were approached by concerned residents. The residents requested for the City to expedite revisions to the design of the stormwater facilities to provide additional relief from potential flooding conditions within the timeline of the current construction contract. (refer to Exhibit 0-1 ). The Central Bayshore neighborhood's current stormwater management system consists primarily of outfalls served by swales, inlets, storm drains, and culverts which currently do not meet the 5 year level of service. The Engineer of Record is proposing changes outlined below. For a complete summary of the changes and location plan of the area refer to Exhibits 0-1 and 0-2: 1. Provide design for a stormwater collection system to serve the southwest portion of the Central Bayshore area with boundaries roughly defined by W. 28th Street to the south, Prairie Avenue to the west, Sheridan Avenue to the east and W. 34th Street to the north. The estimated construction cost for this item is $1,142,134 and is detailed in Exhibit F-1 attached. 2. Provide a design for the replacement of the existing collection system on North Meridian Avenue, between W. 28111 Street and Dade Boulevard and tie into the recently constructed 36-inch diameter outfall on Dade Boulevard. The estimated construction cost for this item is $341,400 and is detailed in Exhibit F-1 attached. 763 674 FCWPC Meeting-July 9, 2012 Page 6 of9 3. In conjunction with the roadway revisions, valley gutters shall also be provided as appropriate to direct flow to the collection system throughout the project area, as the limited capacity of the swales within the right of way does not allow for adequate conveyance and storage. The estimated construction cost for this item is $1 ,250,665 and is detailed in Exhibit F-2 attached. 4. To reduce costs and allow for the addition of Item 1 above, relocate the pump station and pressure injection wells in the basin currently known as Pump Station No. 2 between Pine Tree and Flamingo Drives in the northeast portion of the Central Bayshore area. The collection and disposal system along Flamingo Drive will be redesigned to incorporate gravity disposal wells and an upgrade to the existing outfall. The estimated construction cost for this item is $197,712 and is detailed in Exhibit F·3 attached. 5. In associated with construction of stormwater improvements, roadway restoration finishing is estimated to cost $493,395. For the Lake Pancoast Neighborhood, stormwater funding in the amount of $235,800 is being requested for the potential installation of additional valley gutters, swale reclamation and storage. Included in all funding requests are hard costs, contingency, soft costs and CIP Fees. ADDITIONAL WATER AND SEWER FUNDING For the Central Bayshore Neighborhood, water & sewer funding in the amount of $296,037 is needed for construction more appropriately allocating the proper distribution of above ground funding between water, stormwater and above ground efforts. For the Lake Pancoast Neighborhood, water & sewer funding in the amount of $21,480 is needed for construction more appropriately allocating the proper distribution of above ground funding between water, stormwater and above ground efforts. MILLING AND RESURFACING OF ROADWAY§. The existing project plans call for a pavement overlay on all the neighborhood streets. Field investigations during construction have identified the existing pavement to be in worse condition than what may have been originally anticipated, as a result of pavement deterioration and distress through the years .. The Engineer of Record (EOR) has stated that the condition of the roadway is not sustainable for the long term. Both the resident project representative (R?R) and the EOR have recommended milling and resurfacing where required to provide a more durable pavement. The original BOOR recommended that all roads within the Central Bayshore neighborhood be resurfaced with a one (1) inch overlay of asphalt and that milling of the roadway be limited to areas where there is excessive scarring or where the grade (slope) of the road needs to be modified to support stormwater drainage. Milling is a process that grinds the existing asphalt surface to change the slope of the surface and to assist bonding between the existing and new asphalt courses. Only 20% of the existing road surface was projected to require milling prior to resurfacing to address scarring and grading issues. The estimated construction cost for the milling and resurfacing of the roadways within the Central Bayshore project is $986,789 and is detailed in Exhibit F-4 attached. However, the amount of above ground funding net of the portions funded by stormwater and water and sewer is $197,357. A credit for the deletion of Prairie Avenue in the amount of $93,211 is also included. 764 675 FCWPC Meeting-July 9, 2012 Page 7 of 9 In addition, the estimated construction cost for the milling and resurfacing of the roadways within the Lake Pancoast project is $71 ,500 as also detailed in Exhibit F-4 attached. However, the amount of above ground funding net of the portions funded by stormwater and water and sewer is $14,000. The City desires to include the requested changes as 'part of the current project construction work. The EOR would revise the existing plans and submit applications for revised permits to the applicable governmental agencies. The additional cost required for stormwater and pavement upgrades is being requested as part of the capital budget process pursuant to a budget level estimate of probable cost submitted by the EOR, CH2M Hill. SCOPE OF SERVICES -ENGINEERING If the City Commission desires to move forward with the HOA requested rev1s1ons and additional storm water improvements, it will be necessary for the City to contract additional engineering services to CH2M Hill to provide design services to revise the construction documents, as well as permitting services to update all necessary permits affected by the proposed design changes. In an effort to execute the additional work in a seamless and expeditious manner, it is anticipated that all project design changes will be incorporated into Lanzo's construction contract by change order, using the current unit pricing provided for in the contract. Many of the changes are simply modifications to existing contract items with incorporation into the contract being a straightforward process. However, some of the items will involve new construction not included in the original contract schedule when this project was issued to bid. It merits underlining that the current budgetary figure being presented will need to be fine tuned and negotiated with the contractor at the time the EOR has finalized the design and has prepared a detailed opinion of cost. Pursuant to a recommendation by the Finance Committee, the fee being requested by CH2M Hill to implement the design and develop a detailed opinion of cost for this project will be presented at the July 181h commission meeting and is estimated at $207,841.00, including reimbursable expenses. The funding to exercise this amendment is already included in the current budget for this project; therefore no additional funding is required. ADDITIONAL FUNDING The current budget level construction cost estimate is attached herein in Exhibits F-1 thru F-4. In order to proceed with construction of the items requested, the foHowing additional funding is being requested in the 2013 capital budget: Bayshore A (Central Bayshore) Funding: Additional Above Ground Funding Request: $ 246,006 The additional scope includes hard cost, contingency, soft cost and CIP fees for additional milling and resurfacing. Additional funding request is as follows: Construction Cost Contingency Consulting/Engineering/Field Services CIP Fees Total 765 676 $197,357 $ 19,846 $ 15,000 $ 13,803 $246,006 FCWPC Meeting-July 9, 2012 Page 8 of9 Additional Water & Sewer Funding Request: $ 346,807 The additional scope includes hard cost, contingency and Cl P fees to offset the additional cost for milling and resurfacing (pavement restoration) required by the installation of water mains, appurtenances and fire hydrants. Additional funding request is as follows: Construction Cost Contingency CIP Fees (new scope and adjust to 6.5%) Total $296,037 $ 29,604 $ 21.166 $346,807 Additional Stormwater Funding Request: $3,954,069 The additional scope includes hard cost, contingency and CIP fees for the installation of 24" valley gutters; relocating pump station #4 and replacing with gravity wells; additional Stormwater collection (phase II); and Meridian Ave. Stormwater collection, and the portion of milling and resurfacing (pavement restoration) required for the installation of drainage structures. Additional funding request is as follows: Construction Cost Contingency CIP Fees Total Bayshore C (Lake Pancoast) Funding: $3,425,306 $ 342,531 $ 186,232 $3,954,069 Additional Above Ground Funding Request: $ 14,000 The additional ·scope includes hard cost (construction) for additional milling and resurfacing (pavement restoration). Additional Water & Sewer Funding Request: $ 28,216 The additional scope includes hard cost, contingency and CIP fees to offset the additional cost for milling and resurfacing (pavement restoration) required by the installation of water mains, appurtenances and fire hydrants. Additional funding request is as follows: Construction Cost Contingency CIP Fees (new scope and adjust to 6.5%) Total $21,480 $ 2,148 $ 4,588 $28,216 Additional Stormwater Funding Request: $347,509 The additional scope includes hard cost, contingency and CIP fees for the installation of 24" valley gutters, and the portion of mUHng and resurfacing (pavement restoration) required for the Installation of drainage structures. Additional funding request is as follows: Construction Cost Contingency CIP Fees (new scope and adjust to 6.5%) Total 766 677 $235,800 $ 23,580 $ 63,129 $347,509 FCWPC Meeting-July 9, 2012 Page 9 of 9 CONCLUSION: The above information is provided to facilitate the discussion of whether or not to proceed with the revision to the plans for the requested improvements which are outside of the current BODR for the Central Bayshore neighborhood. Attachments: Exhibit A: Chronological History and Process Summary Exhibit 8: HOA Original Request Exhibit C-1: HOA Compromise-Summary Exhibit C-2: HOA Compromise -Map Exhibit C-3: HOA Requested Landscaping Exhibit D-1: Additional Stormwater Upgrades-Summary Exhibit D-2: Additional Stormwater Upgrades -Map Exhibit E: LTC 291-2011 dated 11-14-11 Exhibits F-1 thru F-4: Budget Level Cost Estimates KGB/JMGIFB/FV F:\CAPI\$aii\COMiviiSSION COMMITTEE MEETINGS\Finance & Citywide Cammittee\Bayshore Memo_FCWPC_7-9-12.docx 767 678 I MILLINOANDR.ESURFACING I (CENTRAL BAYSHORE~ ' ..... ' -· I i I I Exhibit C-1 .J I 679 J i I \I AKnlliRGODFREV ROAD < w.~filtUT 1 • 1 ~ ,· flj .. ,,.,_ ·--- i 1 l , l NEW WATER ~IETER LOCATION C. B. STORM PIPE :'' t \! /l, t f fJt :r: J 11 h ;f; \ =i, I i MILLING AND RESURFACING PANCOAST) !!/ ~ ~ "' ~ <l. .. N.TJil, /j " 0: 8 " 3 " c;! ... ";.;;' ~-~!~~ * .. ... ' ' "" .... ;;-.. ->"!, 1!11--~:11 ' 680 en 00 ~ Exhibit D Lanzo Construction Co. of Florida Bayshore SA & Lake Pancoast 8C Critical Activities & R>.""'!UC<t C 0 < .!!J!IIIIIll PH-26 Surface. t"-·:!eridianfVV 34!h St ~PH-27 Surface Meridian/W 37tll S! !!fiiii!Pt-1-28 Surtac;I~, Mt?ridlarif'v'V 40tn St. i!fB!{lPH-19 Surf.oc:€1, Mer.diar!!V'i 40th Sl: £!llllt' PH.:~.o Suriace GardenfW 37th St ··~·-~-1--·---·---···-·-... -·---·-··-·-····-··-. ---"~Fine! landscape ~Final Landscape -EBriybor !.:::.. Eerly stdrt po:r:t V Early finish Pc.:nt 11111111111 Pr0gress tar Critic.BI bar ~rmt-ybar Start m11estone point Fln1sh milest()fie po1nt i I . April IL1.20!2 City ol'i'v!iami Be<H:h 1700 Cnm cntion (\·ntcr I \1iami lkach. ! 'lllrida 3:; I \9 Exhibit E-1 Reference: ITB 18-09, I 0, ~..:ighhurhood \tl. X I 25 ".tHIIhi.:liSl 5th (\lll."! llct:;·lield B~<H:h. l'loriJa.:.>~-li-·P-l<> 1 l1Yu:t:: (<lS4 l ll79-0H02 hi\: fl!5-H 979-9~97 ( \:mral Ba} shore {Package :\1 and Lak Panc1H.lSI l Put..':· a1 ... ..: t' 1 l.anz11 Joh ~o. -I· -Jl/ I. R HJ-t. lh..:t .. :Hrd 'lcn i~.:s Wmf..'r Sen icc Rdt1C::ttiun l 'nit Prii..:1.; Prnp,t:-.a! · Rcvi..,~..·d. 'J4ft~7137.(,0 );J .. i 1)6:"l~ each ;s 97 -=~u.:h ~6 7 Prop-:1;tic:s l .,;: [' '") ,'%" ,, > ~'} ,/''<~~4,':~p ,; < } l :if Of' I he !ll!!m.,.ing fs pn:.•setHeJ in r;,;~p<ln:s.: to :.liami lkm.:h's Request t\n· ()uotati~m # I Jat.:d !\;ovcrnb~;:r 29, 201!. This propo~al has hcl..'n n:\·iscd lo w.:comnhH.lutc rncding cummcnts. Pkas..: k'\ tL''' miiJ cumment :.b to accept~ihilit:;. ~ ' I U ~ l>"J"(i.() ·:--·""$!:"!. ('I~ • ) "' No Plumbing f\:nnil is indudt:J. "' Sen ICC SiL.t: is the same a:; -.·xbting. rypicuH: us nol<o·d 011 RrQ. • l:xisting 1\kter \viii h<: r..:located to front ,,fhuusc. " 30 Days Comr:.tct Time Lxtt:n~i,)n Rt:4UII\:d "' J nc l udes S urti.u:c Restnrati,m Sinccn.:=ly. (\:: L\91. Rl ()-I f!nck:ard StT\ic~ i'l ,.\pril 201;:' U 12r.lllill. W. Schwa1'1 Aik1n~. A.!\111.:1 Lunm ·· MB \!PT. IL BR. Kl' 682 LANZO <:ONSTIWCTION (.'0., I<' LORIDA City of Miami Beach 1700 Convention Center Drh-.:~ Miami Bi!a~h, Florida 33139 125 Soo!htast 51h Court oom~ld flo=h, Florida 33H 1-'1749 OffiCi': (954) 979.0802 F'<L'<: (954) 979.9897 Maria H~mand<!z, District l\l;mag~r, Middl.: Beach l\cighborhoods lTB 18-09/10, Ndghborhood No.8 Central Bnyshorc (Packag.:: A) Md Lake Pancoast (Package C) L111Zo Job No. -F-391, RFQ-1, Ba.:kynrd Servic~s Wal~r Service Relocation Unit Price Proposal-Rl!vised, S 2-$5,750 $3,150 ca..:h x 78 each (57 Prop.::rties) = $245,700 The tbllowing is presented in response to Miami Bench'~ Requa.'lt for Quollltion II I dat~d November 29, 2011. TIJ.is proposal lms been r.:viscd lo accoounodat.: meeting couun~nts. Ple;we review m1d cotruuenl as to acceptability. • 78 cao;h $3,150 each s 245,700 Pl~asc note the following in your review: • No Plumbing Permit is included. • Service Size is the sam.: as existing. Typically as noted on RFQ. • M~ter will be relocated to front ofhou~e. 30 Days Contract Time E:.1ension R<!quired • h1dud.:s Surfi1cc Restoration nmll'IO Servic~s lfl cru1 be of assistance in your review, please call me at 954.931-658 L Sincerely, Bob Beaty, l'E, l'roj~ct Manager Cc· !'391, RFQ·1, Backynnl S~rvico3().Nov<mber _ 20 I:! CHZMHill. W. Schwarz Atkins, A.Amot Lanzo -l'v!B, MI'T, 11, BR. KP A11 Equal Oppommity Emplor~r 683 RESOLUTION TO BE SUBMITTED 684 THIS PAGE INTENTIONALLY LEFT BLANK 685 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The Issuance Of Request For Proposals (RFP) OR Issuance of an Invitation to Negotiate (ITN) For Management and Operation of the Miami Beach Convention Center, And/Or To Provide Catering And Concession Services For Convention Center, As Recommended By The Finance And Citywide Projects Committee Key Intended Outcome 1 Maximize Miami Beach as a Destination Brand Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey indicated the average attendance last year at the Miami Beach Convention Center was four times, yet 18% of residents visited over six times. Item Summary/Recommendation: The initial term of Centerplate's Agreement with the City expired on September 30, 2012. Request for Proposals (RFP) No. 39- 11/12 was issued on April25, 2012 following direction from the Finance and Citywide Projects Committee and subsequently the City Commission. The City Attorney's Office and Administration reviewed the issues raised by Centerplate, both in terms of potential challenges to the RFP, as well as the likelihood of the filing of a complaint by Centerplate against the City with the Miami-Dade County Commission on Ethics. The item was presented at the September 12, 2012, City Commission meeting where the Administration recommended the City Commission exercise its right under the RFP to reject all proposals, finding such rejection to be in the best interest of the City. Concurrent with the rejection, the Administration recommended that the current Agreement be extended to ensure continuation of service during peak usage of the Convention Center and also provided sufficient time to re-draft and issue a new RFP and complete the new solicitation process. Following discussion, the City Commission adopted Resolution No. 2012-28006, which authorized the following: • Reject bids; • Continue current contract on a quarter-to-quarter basis, with a 90-days Notice of Termination; and • Referred the matter to the Finance and Citywide Projects Committee. It should also be noted that the current Management Agreement for the Convention Center with Global Spectrum expires September 30, 2013. The Administration presented two (2) options to the Finance and Citywide Projects Committee on November 9, 2012, which are described in the attached memorandum. The Committee passed a motion recommending proceeding with Option 2, which is to proceed with the issuance of an RFP for Management and Catering/Concession Services combined as this provides the City with maximum flexibility. The draft RFP allows bidders to submit proposals for both or any portion of the RFP. Subsequently, the City's new Procurement Director suggested the City consider issuance of an Invitation to Negotiate (ITN) for this solicitation. The City has traditionally utilized the Request for Proposal (RFP) process when soliciting and considering proposals for services. The RFP process is effective in that it allows the City to evaluate vendor qualifications, proposed scope of services and costs, the evaluation process, by design is limited to the top-ranked proposer. The ITN process is essentially the same as an RFP process up until the time that negotiations commence. At that point, the ITN process usually allows the City to conduct negotiations with two or more short-listed vendors simultaneously. In this regard the ITN process allows more comprehensive negotiations that can result in better overall results for the City and provide needed flexibility for complex negotiations such as the convention center facilities management and/or, food and beverage provisioning services discussed herein. For example, conceivably the City could be in a position to consider a proposal from one vendor for facilities management, a proposal from a second vendor for food and beverage provisioning services and another proposal from the first, second or even third vendor for both facilities management and, food and beverage provisioning. The ITN process would allow the City to negotiate simultaneously with multiple vendors for best overall combination of services and cost factors. The Administration is seeking direction from the City Commission whether to proceed with an RFP or ITN solicitation process. Financial Information: Source of Funds: Amount Account Approved 1 Finance Dept Total Financial Impact Summary: City Clerk's Office legislative Tracking: Max Sklar, Ext. 6116 S1 n~Offs: Department Director KGB lD MIAMI BEACH AGENDA ITEM R1N ~ DATE 12----12.. -I L 686 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Honorable Mayor and Members of the City Com?siv Kathie G. Brooks, Interim City Manage~fi / . December 12, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR MANAGEMENT AND OPERATION OF THE MIAMI BEACH CONVENTION CENTER, AND/OR TO PROVIDE CATERING AND CONCESSION SERVICES FOR THE CONVENTION CENTER, AS RECOMMENDED BY THE FINANCE AND CITYWIDE PROJECTS COMMITTEE. OR IN THE ALTERNATIVE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF AN INVITATION TO NEGOTIATE (ITN) FOR MANAGEMENT AND OPERATION OF THE MIAMI BEACH CONVENTION CENTER, AND/OR TO PROVIDE CATERING AND CONCESSION SERVICES FOR THE MIAMI BEACH CONVENTION CENTER. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Improve the convention center facility. BACKGROUND On April 11, 2006, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 22-05/06, to Provide Professional Food and Beverage Facilities Management Services for the Miami Beach Convention Center; with an option to manage food and beverage services at other city cultural facilities. This RFP was issued in advance of Centerplate's expiring contract on February 28, 2007. Centerplate, doing business originally as Volume Services America, Inc., held the exclusive food and beverage services contract at the Miami Beach Convention Center since December 17, 1986. The original contract had an initial term of fifteen years, and the City Commission exercised a five (5) year renewal term on May 16, 2001, via Resolution No. 2001-24393. Following a review of all proposals received, the RFP Evaluation Committee and the City Administration recommended Centerplate as the top-ranked proposer. Subsequently, the City Commission adopted Resolution No. 2006-26316, authorizing the Mayor and Clerk to execute a agreement with Centerplate, upon completion of successful negotiations by the Adminsitration. 687 Convention Center Food & Beverage Solicitation City Commission Meeting December 12, 2012 Page 2 of4 The current Agreement commenced on March 1, 2007, and expired on September 30, 2012. However, at the September 12, 2012 City Commission meeting, Resolution No. 2012-28006 was adopted resulting from the events described below. The Agreement also includes two (2) successive, five (5) year renewal options, at the City's discretion. As previously stated, the initial term of Centerplate's Agreement with the City expired on September 30, 2012. In anticipation of same, the Convention Center Advisory Board (CCAB), at its June 7, 2011 meeting, discussed whether or not the City should exercise the first five (5) year renewal option available under the current Agreement, or issue a new Request for Proposals (RFP). The CCAB recommended, that the City issue a new RFP for catering and concession services at the Convention Center. The Finance and Citywide Projects Committee (FCWPC) first discussed this item at its October 27, 2011, meeting. The Committee expressed general satisfaction with Centerplate. Therefore, staff recommended that, should a renewal be proposed, it be broken down into a smaller term, with year-by-year renewals. In that manner, any performance issues could be addressed. The Committee recommended that the City exercise the option to renew for two (2) years with three one (1) year renewals. As per the FCWPC recommendation on October 27, 2011 meeting, The Administration presented a resolution at the December 14, 2011, City Commission meeting seeking authorization to enter into negotiations with Centerplate for renewal of the current agreement. After discussing the item, the City Commission directed the Administration to issue a new RFP, and referred the scope of services to the Finance & Citywide Projects Committee to review the criteria prior to RFP issuance. Request for Proposals (RFP) No. 39-11/12 was issued on April 25, 2012 following direction from the Finance and Citywide Projects Committee and subsequently the City Commission. A pre- proposal meeting to provide information to the proposers submitting a response and a site tour was held on May 7, 2012. Eight (8) companies participated in the meeting and site tour. The deadline for receipt of proposals was June 8, 2012 at 3:00pm. BidNet issued bid notices to 33 prospective proposers, and 6 additional proposers were notified via e-mail, which resulted in the receipt of two (2) proposals in response to the RFP from Aramark Corporation, and Ovations Food Service. On May 22, 2012, the City received a letter from Centerplate which, among other things, alleged a conflict of interest by Global Spectrum, and requested the City discontinue the RFP process and extend Centerplate's current contract for one ( 1) year. The City received a second letter from Centerplate on June 7, 2012, again alleging a conflict of interest as a result of Global Spectrum's participation in certain aspects relating to possible input that they may have provided the City in the initial stages of the RFP process, as well as Global Spectrum's relationship with Ovations Food Service, one of the proposers (the relationship being that Global and Ovations were owned by the same parent company, Comcast Corporation). Centerplate also stated that they had chosen not to respond to the RFP. The City Attorney's Office and Administration reviewed the issues raised in Centerplate's letter, both in terms of potential challenges to the RFP, as well as the likelihood of the filing of a complaint by Centerplate against the City with the Miami-Dade County Commission on Ethics. In light of the letter issues, even if ultimately successfully defended by the City, trusting the integrity of this particular RFP process and, further, given the fact that the issues had been raised at the outset of the process and prior to evaluation of proposals. The item was presented at the September 12, 2012, City Commission meeting where the 688 Convention Center Food & Beverage Solicitation City Commission Meeting December 12, 2012 Page 3 of4 Administration recommended the City Commission exercise its right under the RFP to reject all proposals, finding such rejection to be in the best interest of the City. Concurrent with the rejection, the Administration recommended that the current Agreement be extended to ensure continuation of service during peak usage of the Convention Center and also provided sufficient time to re-draft and issue a new RFP and complete the new solicitation process. The Administration also recommended the Mayor and City Commission refer to the Finance and Citywide Projects Committee a discussion regarding the issuance of a new Request for Proposals (RFP) for Catering and Concession Services for the Miami Beach Convention Center. Following discussion, the City Commission adopted Resolution No. 2012-28006, which authorized the following: • Reject bids; • Continue current contract on a quarter-to-quarter basis, with a 90-days Notice of Termination; and • Referred the matter to the Finance and Citywide Projects Committee. It should also be noted that the current Management Agreement for the Convention Center with Global Spectrum expires September 30, 2013. There are two (2) convention center management companies in the United States: Global Spectrum and SMG. For eighteen (18) years (1990 -2008) SMG managed the Miami Beach Convention Center for the City. Global Spectrum was awarded the contract in 2008 following a competitive bid process and has managed the convention center since October 2008. The current agreement between the City and Global Spectrum does not have any additional renewal provisions. It should also be noted that SMG has a ten (10) year management agreement with Broward County for the Broward County Convention Center. The current term of the their agreement with Broward County Convention Center expires December 21, 2019, with an additional 10 year renewal term at Broward County's sole discretion. The agreement includes a provision that restricts SMG from submitting a proposal or entering into a similar management agreement for the operation of a similar type facility within a one hundred (1 00) mile radius of Fort Lauderdale unless the agreement is with Broward County or agreed to by Broward County. FOOD AND BEVERAGE RFP ALTERNATIVES PRESENTED TO THE FINANCE AND CITYWIDE PROJECTS COMMITTE Option 1 Issue a new RFP for food and beverage (catering and concession) services. If this option is desired the City would need to separately issue an RFP for convention center management with sufficient time to have an agreement in place prior to September 30, 2013. In light of the 100 mile radius restriction that SMG has with Broward County, the Administration recommends issuance of a Request for Letters of Interest (RFLI) for management of the convention center to determine if both SMG and Global Spectrum would both be interested in bidding on the convention center management contract before proceeding with a lengthy RFP process. If both companies express interest the Administration recommends issuance of the RFP. However, if only one firm expresses interest the City Commission could consider waiver of competitive bids before proceeding with a lengthy RFP process for the convention center manager. Option 2 Since the management agreement expires September 30, 2013 a new RFP could be issued for Management and Catering I Concession Services combined. In an effort to provide the City with maximum flexibility, especially in light of the potential for limited competition on the convention center management component as described in Option 1, the Administration recommends allowing bidders to submit proposals for both or any portion (Management OR Catering/Concession Services) of the RFP. Attached is a draft of the RFP for your review and 689 Convention Center Food & Beverage Solicitation City Commission Meeting December 12, 2012 Page4 of4 consideration. FINANCE AND CITYWIDE PROJECTS COMMITTEE-NOVEMBER 9, 2012 The Finance and Citywide Projects Committee met on November 9, 2012 and discussed the subject RFP. The Committee passed a motion recommending proceeding with Option 2, which is to proceed with the issuance of an RFP for Management and Catering/Concession Services combined as this provides the City with maximum flexibility. The draft RFP allows bidders to submit proposals for both or any portion of the RFP. SOLICITATION OPTIONS The City has traditionally utilized the Request for Proposal (RFP) process when soliciting and considering proposals for services. The RFP process is effective in that it allows the City to evaluate vendor qualifications, proposed scope of services and costs, the evaluation process, by design is limited to the top-ranked proposer. Typically, when the City short-lists potential vendors through the RFP process, negotiations commence with the top-ranked proposer until negotiations are successful or an impasse is declared by the City. The City can then begin negotiations with the next ranked proposer. However, a short-coming of the RFP process is an inability to negotiate with multiple vendors simultaneously. Simultaneous vendor negotiations are usually conducted through a process known as the Invitation to Negotiate (ITN) process. The ITN process is used extensively by public procurement agencies. Florida Statutes 287.057 defines the ITN process as "a solicitation used by an agency which is intended to determine the best method for achieving a specific goal or solving a particular problem and identifies one or more responsive vendors with which the agency may negotiate in order to receive the best value." The ITN process is essentially the same as an RFP process up until the time that negotiations commence. At that point, the ITN process usually allows the City to conduct negotiations with two or more short-listed vendors simultaneously. In this regard the ITN process allows more comprehensive negotiations that can result in better overall results for the City and provide needed flexibility for complex negotiations such as the convention center facilities management and/or, food and beverage provisioning services discussed herein. For example, conceivably the City could be in a position to consider a proposal from one vendor for facilities management, a proposal from a second vendor for food and beverage provisioning services and another proposal from the first, second or even third vendor for both facilities management and, food and beverage provisioning. The ITN process would allow the City to negotiate simultaneously with multiple vendors for best overall combination of services and cost factors. The ITN process has been used extensively by governmental agencies across the country. As such, most vendors conducting business with public agencies are familiar with the ITN process. Because of the benefits of the ITN process, it is recommended that the City commission allow the issuance of the solicitation discussed herein as an ITN. It is important to note that the ITN solicitation process still allows the City to issue a combined solicitation for management and Catering I Concession Services, which maintains the same concept and ability as recommended by the FCWPC. The ITN was not previously presented as an option, because it was only recently recommended by the City's new Procurement Director upon his review of this item. CONCLUSION The Administration is seeking direction from the City Commission whether to proceed with an RFP or ITN solicitation process. T:\AGENDA\2012\12-12-12\MBCC Food Beverage RFP Memo.docx 690 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR MANAGEMENT AND OPERATION OF THE MIAMI BEACH CONVENTION CENTER, AND/OR TO PROVIDE CATERING AND CONCESSION SERVICES FOR THE CONVENTION CENTER, AS RECOMMENDED BY THE FINANCE AND CITYWIDE PROJECTS COMMITTEE. WHEREAS, on September 6, 2006, the City Commission adopted Resolution No. 2006- 26316, authorizing the Mayor and Clerk to execute an agreement with Service America Corporation D.B.A. Centerplate, for catering and concession services for the Miami Beach Convention Center (the Concession Agreement); and WHEREAS, on September 10, 2008, the City Commission adopted Resolution No. 2008-26888 authorizing the Mayor and City Clerk to execute an Agreement with Global Spectrum, L.P. for the management and operation of the Convention Center (the Management Agreement); and WHEREAS, the initial term of the Concession Agreement expired on September 30, 2012, and includes two (2) successive, five (5) year renewal options, at the City's discretion; and WHEREAS, at the December 14, 2011 City Commission meeting, the Administration was directed to issue a Request for Proposals for catering and concession services at the Convention Center; and WHEREAS, RFP No. 39-11/12 (the RFP) was issued on April 25, 2012, after incorporating the comments from the Finance and Citywide Projects Committee meeting; the deadline for receipt of proposals was June 8, 2012; and WHEREAS, due to a potential challenge to the RFP raised by Centerplate, and following research of the potential issues and a recommendation by the City Attorney, the City Commission adopted Resolution No. 2012-28006, which authorized the following: • Reject all bids received pursuant to the RFP; • Extend the current Concession Agreement on a quarter-to-quarter basis, with a 90-days Notice of Termination so as to ensure no disruption of food and beverage services at the MBCC; and • Refer the matter to the Finance and Citywide Projects Committee; and WHEREAS, at its regular meeting on November 9, 2012, the Finance and Citywide Projects Committee discussed the matter of whether to issue a new Request for Proposals for food and beverage concession and catering services in conjunction with the broader discussion of the issuance of a competitive solicitation for the overall management and operation of the Convention Center; and WHEREAS, the City Administration recommended that, as the Management Agreement was expiring on September 30, 2013, it might be advantageous and in the best interest of the City to issue a Request for Proposals which would allow proposers the opportunity to either bid on one component (i.e. for management and operation of the Convention Center or to provide concession and catering services), or provide them the option to propose for both services; and 691 WHEREAS, the Committee concurred with the Administration's recommendation and recommended proceeding with the issuance of an RFP for Management and Operation and/or Catering/Concession Services as this provides the City with maximum flexibility. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the issuance of a Request For Proposals (RFP) for management and operation of the Miami Beach Convention Center and/or to provide catering and concession services for the Convention Center, as recommended by the Finance And Citywide Projects Committee. PASSED AND ADOPTED THIS _12_ DAY OF _December_, 2012 ATTEST: CITY CLERK T:\A.GENDA\2012\12-12-12\MBCC Food Beverage RFP Reso Option 1,docx MAYOR 692 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ,t-;-1 City Altom~C,V Date RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF AN INVITATION TO NEGOTIATE (ITN) FOR MANAGEMENT AND OPERATION OF THE MIAMI BEACH CONVENTION CENTER, AND/OR TO PROVIDE CATERING AND CONCESSION SERVICES FOR THE CONVENTION CENTER. WHEREAS, on September 6, 2006, the City Commission adopted Resolution No. 2006- 26316, authorizing the Mayor and Clerk to execute an agreement with Service America Corporation D.B.A. Centerplate, for catering and concession services for the Miami Beach Convention Center (the Concession Agreement); and WHEREAS, on September 10, 2008, the City Commission adopted Resolution No. 2008-26888 authorizing the Mayor and City Clerk to execute an Agreement with Global Spectrum, L.P. for the management and operation of the Convention Center (the Management Agreement); and WHEREAS, the initial term of the Concession Agreement expired on September 30, 2012, and includes two (2) successive, five (5) year renewal options, at the City's discretion; and WHEREAS, at the December 14, 2011 City Commission meeting, the Administration was directed to issue a Request for Proposals for catering and concession services at the Convention Center; and WHEREAS, RFP No. 39-11/12 (the RFP) was issued on April 25, 2012, after incorporating the comments from the Finance and Citywide Projects Committee meeting; the deadline for receipt of proposals was June 8, 2012; and WHEREAS, due to a potential challenge to the RFP raised by Centerplate, and following research of the potential issues and a recommendation by the City Attorney, the City Commission adopted Resolution No. 2012-28006, which authorized the following: • Reject all bids received pursuant to the RFP; • Extend the current Concession Agreement on a quarter-to-quarter basis, with a 90-days Notice of Termination so as to ensure no disruption of food and beverage services at the MBCC; and • Refer the matter to the Finance and Citywide Projects Committee; and WHEREAS, at its regular meeting on November 9, 2012, the Finance and Citywide Projects Committee discussed the matter of whether to issue a new Request for Proposals for food and beverage concession and catering services in conjunction with the broader discussion of the issuance of a competitive solicitation for the overall management and operation of the Convention Center; and WHEREAS, the City Administration recommended that, as the Management Agreement was expiring on September 30, 2013, it might be advantageous and in the best interest of the City to issue a Request for Proposals which would allow proposers the opportunity to either bid on one component (i.e. for management and operation of the Convention Center or to provide concession and catering services), or provide them the option to propose for both services; and 693 WHEREAS, the Committee concurred with the Administration's recommendation and recommended proceeding with the issuance of an RFP for Management and Operation and/or Catering/Concession Services as this provides the City with maximum flexibility; and WHEREAS, the City's new Procurement Director subsequently suggested that, in the alternative to the issuance of an RFP, the City consider the issuance of an Invitation to Negotiate (ITN) for this solicitation, which allows the City to conduct negotiations with two (2) or more short-listed vendors simultaneously and provides additional flexibility for complex negotiations, such as the provisioning services contemplated in this solicitation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the issuance of an Invitation to Negotiate (ITN) for management and operation of the Miami Beach Convention Center, and/or to provide catering and concession services for the Convention Center. PASSED AND ADOPTED THIS _12_ DAY OF _December_, 2012 ATTEST: CITY CLERK MAYOR T:\A.GENDA\2012\12-12-12\MBCC Food Beverage RFP Reso Option 2,docx 694 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION @:~.\~ rd-rz__ , City ,1} Date Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 SCOPE OF SERVICES EXHIBIT A This RFP consist of two (2) Scope of Services: The Management and Operations of the Convention Center and the Food and Beverage of the Convention Center. Proposers can submit proposals for both or only one of the aforementioned Scope of Services. The City has the right to separately award for each Scope of Services or award both Scope of Services to one proposer if it is deemed to be in the best interest of the City. Separate evaluation criteria and processes are specified for each scope. Proposers must demonstrate that the minimum requirements are met and submit separate packages for each Scope of Services. Proposers can further submit a section detailing the additional revenue, incentives or value added benefits being proposed if they were to receive the award for both Scope of Services. FOOD & BEVERAGE FOR THE CONVENTION CENTER It is the City's intention to operate the highest quality food and beverage catering and concession facilities at the MBCC. Goals and Objectives The City of Miami Beach is seeking competitive proposals from qualified firms to provide professional food and beverage facilities management services for the Miami Beach Convention Center. The City's goal is to operate a high quality state-of-the-art catering and concessions services to meet the needs of conventions, trade shows, consumer shows, meetings and community events. Minimum Requirements Proposer, or Proposal team member(s), should have at least ten (10) years of experience as a concessionaire and/or caterer in facilities of comparable size as the Convention Center. A "Comparable size" facility is defined as a facility that has at least 1.2 million gross square feet, and which has a minimum of $6 million in annual gross food and beverage sales, to include catering and concessions. The City will provide floor space and the current food service equipment, as listed in Attachment XXXX herein. These will include, but not be limited to, the following at MBCC: • East Kitchen • West Kitchen • All permanent concession outlets • Numerous temporary concession locations (e.g. carts) • Various identified storage locations Page 1 of 23 695 Convention Center Food & Beverage Agreement City Commission Meeting EXHIBIT A December 12, 2012 Additionally, the successful Proposer shall have access to all fixed and temporary equipment owned by the City for the provision of food and beverages. Term The selected proposer shall negotiate with the City of Miami Beach for a contract for a period of three (3) years, with an option for two (2) additional one-year periods, at the City's discretion. Contractual Requirements A) The Agreement entered into with the successful Proposer (the Agreement) shall required the Proposer to provide a Capital Reserve Fund, to fund repair, maintenance, and replacement of food/beverage service equipment, smallwares, computerized point-of-sale systems, and other leasehold improvements directly associated with the food/beverage service program. Such funds shall be placed in an interest-bearing account owned by the Proposer, but to be used only under written direction and approval of the City. Any funds unused during any contract year shall be carried forward with interest until the end of the Agreement, at which time all unused funds shall immediately transferred to the City. B) The successful Proposer shall establish a marketing account into which shall be deposited, at the beginning of each contract year, for promotion of the MBCC. The Proposed minimum dollar amount shall be spent in accordance with a marketing plan, which shall be subject to City review and approval. Should less than the agreed upon dollars be spent from this marketing account by the end of any contract year, any remaining sum in this account shall be transferred to the City's Convention Center Marketing Fund. C) The successful Proposer must invest in capital upgrades for the Convention Center, which upgrades shall be for the purpose of improving the food and beverage operations at the Convention Center. For example purposes only, proposed upgrades may include renovations, changes, and/or modifications to improve the existing food and beverage locations, and/or purchase and installation of additional furniture, fixtures and equipment; all subject to review and approval by the City. All equipment and improvements purchased under this capital investment commitment shall become the property of the City at the conclusion of the initial term of the Agreement, at no cost to the City. Should any of the required capital investment specified not be expended after all directed improvements have been completed, then such funds will be transferred to the City's Convention Center Capital Fund. D) In the event of a hurricane or other natural disaster or emergency, the successful Proposer shall be required to provide the following: • For a three (3) day period without electricity and water available from normal utility services, provide food, drink and drinking water for 1400 persons (three meals a day). Part or all of each meal to be heated, with hot beverages to be available with each meal, with 50% of the meals (700) to be high energy producing and 50% larger than the standard Page 2 of 23 696 Convention Center Food & Beverage Agreement City Commission Meeting EXHIBIT A December 12, 2012 meals, 25% of the meals to be standard and provide normal daily caloric intake and 25% to be considered vegetarian. • Provide utensils, equipment, and supervisory personnel for such operations. • Provide, for the City's review and approval, a menu so that the Proposer can assure delivery to the Convention Center within twenty-four hours after order. All documented costs of supplies, food, labor, and materials used during a hurricane (including the period during a hurricane, watch or warning) will be repaid to the Proposer by the appropriate governmental agencies. The Proposer will be responsible for bearing all costs of possible extra inventory levels, preparation and planning. E) Specific Brands/Sponsorships: The City reserves the right to require specific items, specific brands, or specific shelf space to be devoted to brands sold at the Convention Center at any time that an agreement is in place, or entered into, between the City and a vendor, which gives exclusive rights to serve a particular brand at City facilities. For example, the City has entered into a ten (10) year agreement with Coca-Cola Bottling, effective September 1, 2011, through September 1, 2021, to be the exclusive provider of all non-alcoholic beverages and coffee products for all City- owned and operated facilities. Corporate Responsibilities 1. Proposers shall provide a "Corporate Responsibility Plan", which describes in sufficient detail how the Proposer plans and expects to integrate into the Miami Beach community, and fit into the community as a "good corporate citizen". In developing its Plan, Proposer's focus should be to establish a balance between developing opportunities with the City; stimulating and rewarding their employees; developing optimum customer satisfaction; working with and supporting our local community; and sustaining the environment where they operate. 2. Items to include in Proposer's "Corporate Responsibility Plan" should address (but not necessarily be limited to) the following: A. Proposer's approach, and policies and procedures, detailing the hiring and promotion of employees, including the following: • In addition to the requirement to comply with both the City's Living Wage Ordinance and Equal Benefits Ordinance (both which are required under this RFP) what other benefits, programs, and/or other compensation or incentives does the Proposer offer to its employees? B. In addition to subsection (A) above, describe any other programs that Proposer maintains for the welfare and benefit of its employees. Page 3 of 23 697 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A C. Is Proposer a responsible corporate citizen and, to that end, what contribution(s) does Proposer make to the community(ies) in which it currently does business? Describe how Proposer is "making a difference" for the betterment of the community(ies) where it operates. Items to address may include, but not be limited to: • Participation in local community organizations. • Membership in local civic and charitable organizations including, in particular, any specific programs and/or initiatives that Proposer has either established or (if established) that Proposer actively participates in. D. Is Proposer's firm environmentally conscious? Include any efforts and/or programs and/or initiatives that Proposer has established, either within its firm or in the community(ies) where itoperates, which demonstrate Proposer's involvement in, and commitment to, the betterment of the environment through sustainability (i.e. "green initiatives"). E. With regard to the City of Miami Beach, describe in sufficient detail what public benefits, including any specific programs, initiatives, and/or other contributions, which Proposer would plan to "give back" to the Miami Beach community should it be awarded this contract. This should include (but not be limited to) Proposer's commitment to hire as many qualified Miami Beach residents as possible. F. A component of the Corporate Responsibility Plan must propose a minimum amount of funds which will be contributed annually toward the City of Miami Beach Scholarship Fund, offered to needy City resident students pursuing a career in the field of Tourism and Hospitality Management or related field (inclusive of food service management). Said minimum amount of funds will be subject to negotiation with the successful Proposer. PROPOSAL FORMAT/ MINIMUM REQUIREMENTS Proposals must include the following documents, each fully completed and signed, as required. If any items are omitted, Proposers must submit the documentation within five (5) calendar days upon request from the City, or the Proposal may be deemed non- responsive. NOTWITHSTANDING THE PROCEEDING SENTENCE THE CITY WILL NOT ACCEPT THE PRICE PROPOSAL FORM AFTER DEADLINE FOR RECEIPT OF PROPOSALS. 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Page 4 of 23 698 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A a) Introduction letter: Outline the Proposer's professional specialization; provide past experience to support the qualifications of the Proposer. b) Qualifications of Proposer: 1. Experience and qualifications of the Proposer providing food and beverage concession and catering services in a "comparable size" facility (as defined in the Minimum Requirements of the RFP), and detailed description of type of food and beverage services provided. For example, in addition to food and beverage catering and concession services, Proposers may want to describe banquet services, suite/club catering, bar services, VIP, or other similar services. 2. Proposer must provide a complete list of events serviced in 2011 for each comparable size facility listed, with contact information for each event. 3. In specifying the type of services that were provided by the Proposer at each comparable size facility (see Item 2(b)(1) herein), Proposer should also include the number of permanent and temporary concession stands that were operated. 4. Proposer must provide gross revenue for each comparable size facility, with a breakdown of gross revenue for catering and concession operations. c) Proposal Team: 1. Provide an organizational chart of all personnel and consultants to be used on the Agreement, and their qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. 2. Proposer shall provide a qualified management team (see below), and provide resumes for all management team members, including the Executive Chef to be used for the contract. Minimum qualifications of all managers and the Executive Chef should include at least five (5) years of senior food management responsibility in the convention center/arena or restaurant fields, with degrees in hotel/restaurant management from recognized colleges/universities in that field. Experience may substitute for education on a year-to-year basis. At a minimum, Proposers should include resumes for the following management team members: • General Manager • Assistant General Manager/Director of Food and Beverage • Executive Chef • Catering Manager • Concessions Manager • Beverage Manager • Director of Sales d) Past Performance Information/Client Surveys: Page 5 of 23 699 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A Past performance information will be collected on all Proposers. Proposers must provide their clients with the Performance Evaluation Letter and Survey attached as herein, and request that such clients submit the completed survey to the contact person listed in this RFP. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. e) Financial Capacity: NOTE: Items (1) through (5) below must be submitted in the form of CPA reviewed/audited financial statements. (1) Balance Sheets for prior three (3) years. (2) Income Statements for the prior three (3) years. (3) Statements of Cash Flows for the prior three (3) years. (4) Statement of changes in stockholder's equity for the prior three (3) years. (5) Notes to Financial Statements. (6) Corporate/partnership Federal income tax return for the last completed fiscal year. (7) Credit report (i.e. Dun & Bradstreet report). (8) Credit history letter(s) from financial institution(s). (9) List of any significant litigation in the last five (5) years in which the Proposer was a defendant. Include a statement about the nature of each lawsuit and its outcome. (1 0) List any contracts for the Proposer's management of a facility which was terminated or not renewed within the past five (5) years, including, in each, the reasons for termination or non-renewal. f) Methodology and Approach: It is the intention of the City to provide its food and beverage catering and concession services at the highest quality, with the requirement of the Proposer to keep aggregate positive customer survey scores at or above 93% for each contract year-end. Good customer service is essential. The Proposer must describe its approach to addressing unique needs, responding to complaints, and evaluating customer satisfaction. Proposer must have implemented an employee training program for one or more facilities or establishments for the following items or areas: • Employee performance/dress standards • Customer service/dealing with the public • Cash handling • Work place safety/sanitation practices • Sexual harassment • Alcohol Awareness Page 6 of 23 700 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A All food and beverage preparation, storage, dispensing, consumption, dining or sales areas are to be kept clean, orderly, and sanitary at all times and in strict accordance with all applicable laws, ordinances, and rules and regulations. The Proposer must also describe its philosophy and procedures to ensure cleanliness and upkeep of equipment and work spaces. The City's goal is to enhance the food and beverage experience at the Convention Center by providing the highest level of food quality, creativity and customer service. The Proposer must provide its methodology and approach, or an operational service plan, to ensure that food and beverage concession services and catering services at the MBCC are maintained at the highest quality level. At a minimum, the plan must include the Proposer's methodology and approach for the following: • Providing the highest level of concession services • Providing catering services, including approach to increase social catering opportunities • Ability to provide back-up management expertise on short notice; • Cash control computer system and interfaces to be provided; • Operational service plan(s). g) Transition Plan: Include a plan to demonstrate smooth and timely transition for staff and transparent changeover for meeting planners' comfort. The detail for this plan should be presented in both a narrative form and presented on a time line, and must include the following elements: • Staff notification; • Meeting planner notification; • Training and familiarization of facilities, equipment, services; • Management on-site full time; • Initiation of Marketing and Sales Program; • Vendor notification; and • Inventory of food and beverage facilities, fixed equipment and smallwares; • Any and all additional take-over procedures your company would implement. h) Annual Rent and Cost Data: Annual rent and revenue sharing information must be submitted with the Proposal. Notwithstanding, the City will reserve its right to negotiate cost and/or revenue sharing with the successful Proposer. • Guaranteed Minimum Annual Rent -Proposer shall propose a minimum annual base rent, with a commission proposal for the following: • Miami Beach Convention Center • Catering/Banquet Sales Page 7 of 23 701 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 • Concession Sales • Alcoholic Beverage Sales • Non-Alcoholic Beverage Sales EXHIBIT A • Percentage Commission-shall be calculated as percentage of Gross Receipts in accordance with the bid percentage proposed. • Waiver of Exclusivity: When requested by the City, the Proposer shall release exclusivity rights for catering, shall incur no costs and shall be entitled to collect a percentage of gross receipts (or such other lump sum fee as may otherwise be agreed upon between the Proposer and the City). Such percentage or other lump sum fee shall be considered a part of gross receipts for the purpose of determining rent. During City sponsored events, the agreed upon percentage commission to which the Proposer may otherwise be entitled, may be waived by the City. i) Corporate Responsibility Plan, including Public Benefits (e.g. Scholarship Fund): As required in this RFP, Proposers shall provide a "Corporate Responsibility Plan", which describes in sufficient detail how the Proposer plans and expects to integrate into the Miami Beach community, and fit into the community as a "good corporate citizen". The Plan should describe in sufficient detail what public benefits, including any specific programs, initiatives, and/or other contributions which Proposer would plan to "give back" to the Miami Beach community, should it be awarded this contract. j) Business and Creative Marketing Plan: The Proposer shall present a detailed business and marketing and sales promotion plan for food and beverage concession services, catering concession services, local catering, social/gala and local catering at the Convention Center; selected representative menus, prices, portion size where applicable, and description from both formal and buffet catering; and growth potential and growth areas, including revenue projections for all food and beverage concession services and catering concessions services at the Convention Center. Proposer shall submit examples of detailed marketing and sales promotion plans which it has developed and utilized at comparable size facilities. The Proposer shall propose specialty food items and specialty food carts, which it believes can work in Miami Beach as well as any other information, which can demonstrate its ability to deliver superior products and services. Describe in detail how the services and their creative marketing program will be provided at the facility as well as your methodology for social/gala catering to include local catering strengths. k) Proposers shall submit any other such supporting documentation as they deem necessary to demonstrate their capability to provide and implement the services as outlined in this RFP. Page 8 of 23 702 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A I) Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms. m) Provide Certified Minority Business Certification documentation, Local Preference, and/or Veterans Preference (if applicable) (State of Florida or Miami-Dade County). n) Acknowledgment Letter and Disclosure and Disclaimer o) Any other documents required by this RFP. The City reserves the right, in its sole discretion, to request additional information from Proposers following review of the initial Proposal submissions. EVALUATION AND SELECTION PROCESS The procedure for Proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of Proposals. 3. Opening of Proposals and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements of this RFP. Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the Proposal or Proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. 6. The Evaluation Committee shall base its recommendations on the following factors, for a total of 100 possible points: The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best candidate(s) by using the following evaluation criteria: A) Financial: (points= 20) • Financial capability to perform the services outlined in the RFP; • Proposed commissions; • Other additional financial considerations ( e.g. Capital Reserve Contribution, Marketing Reserve Fund, Capital Investment, Scholarship Contribution); and B) Experience and qualifications and past performance based on client surveys: (points = 35) Page 9 of 23 703 Convention Center Food & Beverage Agreement City Commission Meeting EXHIBIT A December 12, 2012 • Experience and qualifications of the Proposer in providing food and beverage concession and catering services in comparable size facility(ies) (as such term is defined in page 12 of the RFP). • List of events serviced in 2011 for each comparable size facility; • Management team's (including Executive Chef's) experience and qualifications; and • Volume and quality of surveys submitted by clients. C) Methodology and approach: (points= 30) • Staff training/manual procedures; • Approach to customer service and maintenance of quality standards; • Proposed plan to improve food quality and service • Approach to providing/improving concession services; • Ability to provide back-up management expertise on short notice; • Cash control computer system and interfaces to be provided; and • Operational service plan(s). D) Business and Creative Marketing Plan (points = 15) • Business and marketing plans as presented for the food and beverage program, including social/gala and other catering services and concession services; and • Approach to enhancing social catering opportunities. • Corporate Responsibility Plan and approach to community integration. 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. Page 10 of 23 704 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 FACILITIES MANAGEMENTOF THE CONVENTION CENTER EXHIBIT A The selected proposer will be responsible for the complete management, operation, of the Miami Beach Convention Center and management and operations at the Colony Theater. The selected proposer shall furnish all management, supervision, labor, and services consistent with generally accepted operations of a first-class Convention Center and/or Theater, and shall be responsible for the maintenance of the buildings and equipment and marketing of the facilities management of various product and service providers; coordination of facilities utilization and scheduling. The City has established certain goals and objectives to guide the management and operation of the City facilities which are listed below. In addition, the City has established specific standards of operation, also described below and attached in Exhibit I, which constitute a framework for the management of the Facilities by a private management firm. The Scope of Services includes the following sub sections: • Goals and Objectives • Management • Operation • Facility Manager • Uniforms and Identification • Maintenance and Repair Minimum Requirements A minimum requirement of five years experience in management and operation of a convention center facility and a performing arts center by the firm and/or key personnel of the firm. A firm that has not been in operation for the minimum of five (5) years may submit proposals so long as the key personnel can demonstrate the minimum of five (5) years of upper-level and/or management experience as a general manager of similar facilities. Page 11 of 23 705 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A The selected proposer shall negotiate with the City of Miami Beach for a contract for a period of three (3) years, with an option for two (2) additional one-year periods, at the City's discretion. The selected proposer would coordinate its management and operation under the direction of the City Manager of the City of Miami Beach, or his designee, and would work closely with the following: 1. The City of Miami Beach Commission. 2. The Greater Miami Convention & Visitors Bureau. 3. The Miami Beach Convention Center Advisory Board. This Board acts in an advisory capacity to the City Commission on matters regarding operations of the Convention Center. 4. City of Miami Beach Concession Contractors: a. Colony Theater Food and Beverage i. Segafredo is currently the exclusive on-site contractor for the Colony Theater. Please note that a Request for Proposals (RFP) has been issued for that facility. 5. The companies listed in Exhibit H and are responsible for a various maintenance contracts for equipment or other services required for the Center and the theaters. Facility Management Goals and Objectives: It is the goal of the City to develop and operate a high quality, state-of-the-art convention center to meet the needs of conventions, trade shows, consumer shows, meetings and community events. The City has multiple objectives for the operations manager for which submitted proposals must successfully address: • Efficiently operate the Convention Center and the Theater, while minimizing the net cost to the City; • Properly maintain and safeguard the City's capital investment in the facilities through the exercise of the highest standards of maintenance and preservation and, as the need arises, make or recommend capital improvements; • Control and minimize the amount of funding from the public sector through a strong financial management system that controls spending and increases revenue; • Manage day-to-day operations of the Convention Center in a cost efficient, high quality and effective manner; • Provide superior services to users of the Facilities and patrons and visitors attending events at the facilities, thereby maximizing customer satisfaction as exhibited by an industry-wide positive image of the Facilities and rebookings; • Achieve the greatest possible profit, consistent with other City objectives, including the primary business goal of the facility which is to generate incremental room nights; • Actively to solicit, promote, or co-promote bookings in the theaters; Page 12 of 23 706 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A • Consider and implement innovative ways to generate revenue and penetrate new markets, attract new events and promote the Convention Center and the Colony Theaters to maximize usage and financial returns; • Create a comprehensive strategic plan for the future of the Convention Center, with a special emphasis on marketing of the facilities; • Assist the City in the negotiation of various contracts and agreements involving facilities, products and services related to the proposed Convention Center; • Achieve all objectives with the least possible disruption to the City and its citizens; • Achieve all objectives in a professional manner, consistent with best industry practices and all applicable laws and ordinances; • Work cooperatively with the Greater Miami Convention & Visitors Bureau (Bureau) in attracting conventions, tradeshows and meetings to the Convention Center and Miami Beach hotels, and to better compete in the domestic and international marketplace. • Provide input to the City and its consultants regarding the design of any expansion of the convention center which may include multipurpose general assembly banquet hall; • Respond to the ever-changing needs of the community and users of the facility with recommendations for expansions, renovations and upgrades of services; • Provide additional management and marketing expertise, if the City elects, for other City owned cultural facilities and attain operational efficiencies. • Procure all necessary on-site equipment and replacement items of major capital equipment in accordance with the City Code. Contract Requirements To Be Provided by the City Of Miami Beach • Work in mutual accord with facility manager to ensure the highest quality of services and thereby enhance the use thereof. • Operating funds based on a budget created by the City and successful proposer and approved by the City Commission. • Through the Bureau or selected marketing arm, an effective marketing program for events outside of the 24 month current time frame. • Capital funding for renewal and replacement items for the existing Facilities, which include the Miami Beach Convention Center and Colony Theater. • All initial facilities in good working order and existing equipment (to be inventoried at time of management agreement). • Periodic inspections of the facilities and equipment to determine that they are being maintained in a neat and orderly condition. Management The selected proposer shall manage and operate the City facilities in accordance with policies approved by the City Manager or designee. The selected proposer shall be responsible for all day-to-day functions and operations of the City facilities. The selected proposer shall operate the facilities at all times in the public interest and in accordance with the highest professional and ethical standards. Page 13 of 23 707 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A The selected proposer is responsible for recommending to the City all rates fees and charges for services provided throughout the Facilities. The selected proposer shall establish an effective system of communication that encourages linkages and collaborative efforts between the Convention Center and other segments of the hospitality industry, particularly the Miami Beach hotel industry and the Greater Miami Convention and Visitors Bureau (Bureau). The selected proposer shall establish positive relationships and work together with the Bureau, area associations, hotels and other appropriate agencies to develop and engage in advertising, solicitation and promotional activities as required developing the full potential of the facilities. These marketing activities must take into account the needs of the community. The selected proposer's marketing responsibilities shall consist primarily of those activities performed to attract events within a current 24 month time frame. The selected proposer shall be responsible for performing public relations functions concerning the Facilities and when appropriate, the manager shall seek guidance and or approval by the City prior to releasing information or responding to inquiries. The selected proposer shall establish proper operating and financial systems of controls for the facilities. The selected proposer shall prepare and submit annual budgets for the Facilities' operation. The selected proposer shall also establish a system of internal controls to provide reasonable assurance that the Facilities' resources are used in an effective and efficient manner. The manager shall keep full and accurate accounting records relating to its activities at the facilities in accordance with generally accepted accounting principles. The selected proposer's responsibility also encompasses preventive and remedial maintenance, to include minor and emergency repairs. The selected proposer is further responsible for taking all actions necessary to maintain the validity of all warranties and for ensuring that repairs to any part of the facility, its equipment, or FF&E which is under warranty is accomplished under the warranty. At the conclusion of the term of the negotiated agreement, the selected proposer is responsible for returning the facilities and FF&E to the City in the same condition in which they were provided, except for normal wear and tear and depreciation. The selected proposer, provided under the resulting Agreement, shall report and provide regular reports to the City Manager or designee. The City shall make periodic inspections of the facilities and equipment to determine that they are being maintained in a neat and orderly condition and meet the minimum standards set forth in Exhibit G. Proposer will be required to make any improvements in cleaning or maintenance methods as required by the City. Any expenditure for capital improvements made by the selected proposer in any of the facilities must have prior written approval by the City Manager, and Mayor and City Commission. The selected proposer shall abide by all ordinances and laws pertaining to its operation and shall secure, at its expense, all licenses and permits necessary for the operation of the facilities, with the exception that the City of Miami Beach licenses will be issued without charge. Page 14 of 23 708 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A The selected proposer shall be responsible for, and pay all Federal, County, and State taxes arising as a result of the resultant agreement, including those levied against the City. Operation Proposer will be responsible for any and all services needed to successfully operate, manage, maintain and promote the City facilities. The selected proposer shall operate the facilities and provide all services that are required under Lease Contracts between the City of Miami Beach and the event Lessees. It is the intention of the City that service is of the highest quality attainable. The selected proposer will maintain the standard of operations, quality of service, maintenance and physical appearance of the Facilities as a first-class international convention and exhibition center and theater of the performing arts. All areas are to be kept clean, orderly, attractive, and sanitary at all times and in strict accordance with the applicable laws, ordinances, rules, and regulations and the minimum standards set forth in Exhibit XXXX. The City shall have the right to reject the character of services and require that undesirable practices be discontinued or remedied. Failure of the selected proposer to take appropriate action after notification from the City will result in the cancellation of the contract upon approval of the City of Miami Beach Commission. The selected proposer shall constantly endeavor to improve the operation of the facilities with a view toward developing the most efficient and highest quality of service to the lessees, minimizing the cost to the City, increasing the quality of maintenance and security, and maximizing gross receipts. The selected proposer's employees shall, at all times, observe personal cleanliness. Unshaven, unkempt, or unclean employees shall not be tolerated. The selected proposer shall thoroughly train and closely supervise all employees so that they are aware of and habitually practice high standards of cleanliness, courtesy, and service. Facility Manager: The facility shall be operated by the selected proposer personally or by a competent manager capable of and empowered to conduct all normal day-to-day operations of the facilities and be responsive to the desires and directives of the City in the areas of contract enforcement, scheduling, personnel relations, and other matters pertinent to the operation of the facilities. It is expressly understood that the manager of the facility will be located on site. The facilities manager, or an approved representative, shall accept the decisions of the City representative as binding in matters of contract interpretation, providing that written appeals may be made in writing to the City Manager within thirty (30) days of such decision. Page 15 of 23 709 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A Discussion of any contractual disagreements shall only be between a principal of the firm, or a designated representative, and the City. The selected proposer and any persons employed by it shall have never been convicted of any offense involving moral turpitude or a felony. A list of employees with their Social Security numbers is to be submitted to the City Manager after award of the Agreement. Uniforms and Identification: Selected proposer's employees shall at all times be neatly and cleanly uniformed. Uniforms for employees shall be of a standard style and meet standards prescribed by the City. All employees must wear uniforms devoid of advertising (unless said advertising is approved, in writing, by the City Manager) and with numbered badges worn on the breast pocket at all times. Accurate records must be kept of the names and addresses of those to whom such badges are issued, to assure proper identification of employees at any time, as required by the City or any other agency. Maintenance and Repair The selected proposer shall be responsible for preventative maintenance and maintenance and repair of all facilities under the management and operation agreement. The physical facilities provided to the selected proposer for the term of this agreement will become the responsibility of the selected proposer and will be returned to the City upon completion of the contract agreement in the same condition in which they were provided, except for normal wear and tear and depreciation. The interior, exterior, and infrastructure of the physical facilities will be maintained by the selected proposer. This includes repairs, maintenance, and/or renovations with the selected proposer being responsible for informing the City of degraded conditions and assisting the City with minor and emergency repairs. The selected proposer shall have a neat and orderly operation at all times, and shall be solely responsible for the necessary housekeeping services to properly maintain the premises. No signs or advertising shall be placed on the premises unless first approved, in writing, by the City Manager or an authorized representative. The selected proposer shall make available all areas of the premises under its control for examination at any time by the City Manager or an authorized representative. No alterations or additions shall be made to the premises, or any part thereof, without first having obtained the written consent of the City Manager or an authorized representative. Authorized alterations or additions shall be made at the selected proposer's expense and shall become the property of the City of Miami Beach at the termination of the contract agreement. The selected proposer shall not remove any article, piece of equipment or other property furnished to the Center without the express written permission of the City Manager. The selected proposer shall replace, at its own expense, any equipment provided under the original agreement which has been destroyed or damaged with like equipment. Page 16 of 23 710 Convention Center Food & Beverage Agreement City Commission Meeting EXHIBIT A December 12, 2012 Corporate Responsibility 1. Proposers shall provide a "Corporate Responsibility Plan", which describes in sufficient detail how the Proposer plans and expects to integrate into the Miami Beach community, and fit into the community as a "good corporate citizen". In developing its Plan, Proposer's focus should be to establish a balance between developing opportunities with the City; stimulating and rewarding their employees; developing optimum customer satisfaction; working with and supporting our local community; and sustaining the environment where they operate. 2. Items to include in Proposer's "Corporate Responsibility Plan" should address (but not necessarily be limited to) the following: B. Proposer's approach, and policies and procedures, detailing the hiring and promotion of employees, including the following: • In addition to the requirement to comply with both the City's Living Wage Ordinance and Equal Benefits Ordinance (both which are required under this RFP) what other benefits, programs, and/or other compensation or incentives does the Proposer offer to its employees? C. In addition to subsection (A) above, describe any other programs that Proposer maintains for the welfare and benefit of its employees. D. Is Proposer a responsible corporate citizen and, to that end, what contribution(s) does Proposer make to the community(ies) in which it currently does business? Describe how Proposer is "making a difference" for the betterment of the community(ies) where it operates. Items to address may include, but not be limited to: • Participation in local community organizations. • Membership in local civic and charitable organizations including, in particular, any specific programs and/or initiatives that Proposer has either established or (if established) that Proposer actively participates in. G. Is Proposer's firm environmentally conscious? Include any efforts and/or programs and/or initiatives that Proposer has established, either within its firm or in the community(ies) where itoperates, which demonstrate Proposer's involvement in, and commitment to, the betterment of the environment through sustainability (i.e. "green initiatives"). H. With regard to the City of Miami Beach, describe in sufficient detail what public benefits, including any specific programs, initiatives, and/or other contributions, which Proposer would plan to "give back" to the Miami Beach community should it be awarded this contract. This should include (but not be limited to) Proposer's commitment to hire as many qualified Miami Beach residents as possible. Page 17 of 23 711 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A L A component of the Corporate Responsibility Plan must propose a minimum amount of funds which will be contributed annually toward the City of Miami Beach Scholarship Fund, offered to needy City resident students pursuing a career in the field of Tourism and Hospitality Management or related field (inclusive of food service management). Said minimum amount of funds will be subject to negotiation with the successful Proposer. Proposal Format/ Minimum Requirements Proposals must contain the following documents, each fully completed and signed, as required. If any items are omitted, Proposers must submit the documentation within five (5) calendar days upon request from the City, or the Proposal shall be deemed non- responsive. NOTWITHSTANDING THE PROCEEDING SENTENCE THE CITY WILL NOT ACCEPT THE PRICE PROPOSAL FORM AFTER DEADLINE FOR RECEIPT OF PROPOSALS. 1. Table of Contents Outline in sequential order the major areas of the Proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposers must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Contact Information: Present the proposer's current name, former names (if applicable), business address, telephone number, and primary contact, including the business resumes of all senior officers and partners. b) Organizational Form: Provide information concerning the form of the proposer's organization (e.g. corporation, partnership, sole proprieties, or joint venture). If a joint venture, a copy of the joint venture agreement and any other document necessary to its establishment must be submitted. c) Organization Philosophy and Approach: Provide a description of the proposer's overall philosophy and approach to facility management. Describe any proposed initiatives specific to a proposed management approach for the Facilities, focusing especially on how the proposer plans to accomplish the City's goals and objectives. Address any plans to provide home office and corporate regional support to the resident facility manager for facility events with unusual requirements, as well as any type of recurring support which the proposer will provide to the facility manager. Page 18 of 23 712 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A d) Firm/Key Personnel Qualifications. Summarize the proposer's experience and number of years in managing public assembly facilities such as convention centers, performing arts complexes, and other entertainment venues, including a list of current and former clients. Include references for selected facilities managed by the proposer, including name, address and telephone numbers of key individuals who may be contacted. Also include the listing and size of other Convention Centers and Performing Arts Centers the firm has managed, including the gross square feet of exhibit and meeting space and/or number of seats in each facility. A minimum of 5 years management experience of similar facilities is required. A firm that has not been in operation for the minimum of five (5) years may submit proposals so long as the key personnel can demonstrate the minimum of five (5) years of upper-level and/or management experience as a general manager of similar facilities. e) Marketing Plan: Provide a marketing plan for the Miami Beach Convention Center and Colony Theater. The proposer must submit information which describes its approach to accomplishing its marketing responsibilities. The proposer should describe its marketing and promotional concepts to attract events that will take advantage of Miami Beach's unique position. The proposer should also provide a plan for booking of the Convention Center within the 24-month period which will maximize revenue to the City, and how it intends to generate new business. Proposer shall submit examples of detailed marketing and sales promotion plans which it has developed and utilized at comparable size facilities f) Experience with Convention & Visitors Bureaus: Provide a brief description of the firm's experience in working with Convention & Visitors Bureaus, including specifics about programs, goals and results for selected projects which distinguish the proposer's ability to work in conjunction with these organizations. , g) Subcontractor Information and Qualifications: The selected proposer may elect to subcontract some portions of the services to be performed. While certain of these subcontractors may not be identified until after award of the management agreement, wherever the proposer intends to subcontract services, the specific services must be identified in this section of the proposal. h) Professional Resumes for Key Personnel: The proposer must submit professional resumes for its key personnel proposed to be assigned to the Facilities operations, marketing and financial areas, to include at a minimum the facility manager, the director of operations, the director of marketing, director of sales and the director of finance. (The position titles used herein are for example only and are not intended to define or Page 19 of 23 713 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 EXHIBIT A describe an organizational structure.) The proposal must adequately describe each proposed professional's qualifications and experience. i) Staffing and Organization Plan: The proposer must submit an organization chart that outlines the proposed staffing plan for the Facilities. j) Management Firm Financial Stability: The following financial documents must be included in each proposal. Items a. through e. below must be submitted in the form of CPA reviewed/audited financial statements. 1) Balance Sheets for prior three years. 2) Income Statements for the prior three years. 3) Statements of Cash Flows for the prior three years. 4) Statement of changes in Stockholder's equity for the prior three years. 5) Notes to Financial Statements. 6) Corporate/partnership federal income tax return for the last completed fiscal year. 7) Credit report (i.e. Dun & Bradstreet report). 8) Credit history letter(s) from financial institution(s). 9) Quarterly financial statement, most recent 1 0) List of any significant litigation in the last five years in which the proposer was a defendant. Include a statement about the nature of each lawsuit and its outcome. 11) List of any contracts for the proposer's management of a facility which were terminated or not renewed within the past five years, including in each the reasons for termination or non-renewal and whether the termination or non-renewal was initiated by the proposer of the facility. k) Scope of Services: Proposers must provide information describing the proposed strategies, policies and procedures to be employed in managing the facilities which, at a minimum, clearly addresses the scope of services presented in this RFP. I) Fee Proposal: The proposer must state the annual fixed management fee required to operate the facilities, along with a proposed incentive fee. Together, these two fees shall constitute all compensation for performance under the contract. As discussed below, the incentive fee is designed to reward superior performance in the areas of customer satisfaction, innovative and successful marketing, revenue enhancement, cost containment, and facility maintenance. The Miami Beach Convention Center is financed with tax exempt bonds. Consequently, the compensation arrangements and terms that the City Page 20 of 23 714 Convention Center Food & Beverage Agreement City Commission Meeting EXHIBIT A December 12, 2012 may agree upon with the proposer in the management agreement are governed by federal tax laws that restrict the private business use of facilities financed with tax-exempt bonds. These provide generally that (i) compensation may be fixed or partly fixed and partly incentive based, (ii) incentive compensation cannot be based on net profits, and (iii) incentive based compensation cannot exceed fifty (50%) of total compensation. Proposers shall ensure that their proposals are in full compliance with IRS procedures and guidelines and federal tax laws governing private business use of facilities financed with tax exempt bonds. 1) Fixed Fee. Proposers should propose a compensation arrangement which includes an annual fixed management fee. Proposers must indicate whether or not all or any part of the Executive Management (facility manager(s) and directors) salary(ies) is to be derived from the management or incentive fees. Any portion of Executive Management (facility manager(s) and directors) salary(ies) which is not derived from the management or incentive fee must be included in the staffing plan and proposed operating budgets for the facilities. 2) Incentive Fee: Proposers must also propose an incentive fee which shall be applicable during the operating period of the agreement. m) Operating Budget: Proposers should include in their proposals an estimated budget for the facilities' operations. The budgets should contain estimates of revenues and expenses expected to be received or incurred in the operation of the Miami Beach Convention Center and Colony Theater. n) Operating Plan: Proposer shall describe the operating policies and procedures to be employed by the operator to manage and operate the facilities. Describe any proposed initiatives which would improve the management and/or reduce the operational cost of the facilities. The proposer should also describe their approach to financial management systems, employee management and administrative policies and procedures. o) Transition Plan: Include a plan to demonstrate smooth and timely transition for staff and transparent changeover for meeting planners' comfort. The detail for this plan should be presented in both a narrative form and presented on a time line, and must include the following elements: • Staff notification; • Meeting planner notification; • Training and familiarization of facilities, equipment, services; • Management on-site full time; • Initiation of Marketing and Sales Program; Page 21 of 23 715 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 • Vendor notification; and EXHIBIT A • Any and all additional take-over procedures your company would implement. p) Corporate Responsibility Plan, including Public Benefits (e.g. Scholarship Fund): As required in this RFP, Proposers shall provide a "Corporate Responsibility Plan", which describes in sufficient detail how the Proposer plans and expects to integrate into the Miami Beach community, and fit into the community as a "good corporate citizen". The Plan should describe in sufficient detail what public benefits, including any specific programs, initiatives, and/or other contributions which Proposer would plan to "give back" to the Miami Beach community, should it be awarded this contract. q) Proposers shall submit any other such supporting documentation as they deem necessary to demonstrate their capability to provide and implement the services as outlined in this RFP. r) Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms. s) Provide Certified Minority Business Certification documentation, Local Preference, and/or Veterans Preference (if applicable) (State of Florida or Miami-Dade County). t) Acknowledgment Letter and Disclosure and Disclaimer or Any other documents required by this RFP. The City reserves the right, in its sole discretion, to request additional information from Proposers following review of the initial Proposal submissions. EVALUATION/SELECTION PROCESS The procedure for Proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of Proposals. 3. Opening of Proposals and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements of this RFP. Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the Proposal or Proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. 6. The Evaluation Committee shall base its recommendations on the following factors, for a total of 100 possible points: Page 22 of 23 716 Convention Center Food & Beverage Agreement City Commission Meeting December 12, 2012 Evaluation Criteria: EXHIBIT A a) Experience and Qualifications: Experience and qualifications of the firm and professional experience in managing similar facilities. (20 points) b) Quality of the Management Team. Experience, performance and national stature of the firm and its higher level management and the resumes outlining the experience, education, and performance record of individuals who would be instrumental in the management and operation of the Convention Center and Colony Theater, and upper-level regional or national management personnel who will have supervisory responsibility over the Facilities. Include references. (20 points) c) Approach and methodology. Plan for the management, operation, and maintenance of the facilities, including a financial plan/budget for each of the facilities. (15 points) d) Marketing plan. Demonstrated record and evidence of in-house booking, promotion and/or co-promotion capabilities and marketing, both national and local, to expand the use of the Convention Center & the Colony Theater. ( 15 points) e) Fee Proposal: The management and incentive fee proposal for the management and operation of the facilities. (20 points) f) Financial Stability: Demonstrated financial stability of the firm. (10 points) LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach- based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. Page 23 of 23 717 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk Tel: (305) 673-7 411, Fax: (305) 673-7254 COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the Ci~ty Co mission Kathie G. Brooks, Interim City Manager /A · December 12, 2012 · From: Date: Subject: BOARD AND COMMITTEES 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: TOTALVAC. PAGE Affordable Housing Advisory Committee Board of Adjustment Community Development Advisory Committee Community Relations Board 11 City Commission Page 1 7 City Commission 1 Page 5 14 Commissioner Deede Weithorn 1 Page 12 Commissioner Jerry Libbin 1 Commissioner Jorge Exposito 1 Commissioner Michael G6ngora 1 17 Commissioner Jerry Libbin 1 Page 14 Kathie G. Brooks, Int. City Manager 1 Agenda ltem,__....!.R-=..9..L..:A:.....:------r- we are committed to providing excellent public service and safety to all who live, work and play in ou Date._1!.:2::.-...:.l...,l;.:...,......:..f_,L=-- 719 VACANCIES BOARD OR COMMITTEE: Fine Arts Board Marine Authority Miami Beach Commission For Women Miami Beach Cultural Arts Council Miami Beach Human Rights Committee TOTAL MBRS. 14 7 21 11 9 Miami Beach Sister Cities Program 24 Normandy Shores Local Gov, Neighborhood lmpv. Personnel Board Production Industry Council Single Family Residential Review Panel Tennis Advisory Committee 3 10 7 3 7 APPOINTED BY: TOTAL VAC. PAGE Commissioner Deede Weithorn 1 Page 21 Mayor Matti Herrera Bower 1 Page 30 Commissioner Ed Tobin Page 31 City Commission Page 32 City Commission 2 Page 33 Mayor Matti Herrera Bower 3 Page 34 City Commission 1 Page 36 City Commission 1 Page 38 Commissioner Jerry Libbin Page 43 Mayor Matti Herrera Bower Kathie G. Brooks, Int. City Manager 3 Page 45 Commissioner Jerry Libbin 1 Page 47 Mayor Matti Herrera Bower 1 720 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC. PAGE Attached is breakdown by Commissioner or City Commission: KGB:REG/sp 721 Board and Committees Current Members Affordable Housing Advisory Committee Sec. 2-167 Composition: The committee shall consist of eleven (11) voting members with two (2) year terms appointed at large by a majority vote of the Mayor and City Commission: One citizen: 1) actively engaged in the residential home building industry in connection with affordable housing; 2) actively engaged in the banking or mortgage banking industry in connection with affordable housing; 3) two at-large 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 engaged as a for-profit provider of affordable housing; 5) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member); 6) 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 Board member); 9) who resides within the jurisdiction of the local governing body making the appointments; 10) who represents employers within the jurisdiction; 11) who represents essential services personnel as defined in the local housing assistance plan. Members of the Loan Review Committee, 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 appointees, 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 Vacancy: To replace Robert (1) Res. Home Bldg. 12/31/2012 City Commission Saland Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Amy Perry (11) Rep. Essential Serv. 12/31/2013 City Commission 12/31/17 Arian Adorno (9) Res. Juris Local Govt 12/31/2013 City Commission 12/31/17 Charles Urstadt (8) Local Plann. Bd. 12/31/2012 City Commission 12/31/17 David Smith (3) Rep. Labor Home Bid. 12/31/2012 City Commission 12/31/14 Guy Simani (1 0) Rep. Em pl. With/Juris. 12/31/2013 City Commission 12/31/17 Jeremy Glazer (4) Low-Income Adv 12/31/2013 City Commission 12/31/17 Juan Rojas (2) Banking/Mortgage 12/31/2012 City Commission 12/31/16 Mark Wohl (7) Real Estate Prof. 12/31/2013 City Commission 12/31/17 Muayad Abbas (5) For Profit 12/31/2012 City Commission 12/31/17 Stephanie Berman (6) Not for Profit 12/31/2012 City Commission 12/31/14 Applicants Position/Title Applicants Position/Title Monday, December 03, 2012 Page 1 722 Board and Committees Current Members Andrew Fischer Dr. Barry Ragone Julio lora Marie Towers Monday, December 03, 2012 Barbara Gotlinsky Gotlinsky Barbara Karen Fryd 723 Page2 Board and Committees Current Members Art in Public Places Composition: Two (2) year term. Appointed by a minimum of 4 votes. Sec. 82-561 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, painting, artistic structure design and other appropriate art media for display or integration in public places. City Liaison : Dennis Leyva Members: Name Last Name Position/Title Elizabeth Resnick (TL 12/31/2012) James Lloyd Janda Wetherington Lisa Austin Lisette Olemberg- Goldstein Megan Riley Rhonda Mitrani-Buchman (TL 12/31/2012) Applicants Position/Title Adrian Gonzalez Annette Fromm Antoinette Zel Cindy Brown Dale Stine Elizabeth Schwartz Francis Trullenque Kathleen Kowall Lisa Austin Mark Alhadeff Molly Leis Rosemarie Murillo Likens Wetherington Janda Zoila Datorre Monday, December 03, 2012 Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/12 12/31/2012 City Commission 12/31/16 12/31/2012 City Commission 12/31/16 12/31/2013 City Commission 12/31/17 12/31/2013 City Commission 12/31/14 12/31/2012 City Commission 12/31/16 12/31/2013 City Commission 12/31/12 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 724 3of51 Board and Committees Current Members Beautification Committee Sec. 2-36 Composition: Eight (8) members, seven (7) of whom shall be direct appointees by the Mayor and City Commissioners. The chairperson of the Mayor's Ad Hoc Garden Center and Conservatory Advisory Committee or designee who shall serve as a non-voting ex-officio member. City Liaison: John Oldenburg Members: Name Last Name Daniel Nixon Lidia Resnick Lucero Levy Maria Koller Moni Cohen Silvia Rotbart Terry Blechman Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 12/31/2013 12/31/2013 12/31/2012 12/31/2012 12/31/2012 Commissioner Deede Weithorn 12/31/15 Commissioner Michael Gongora 12/31/17 Commissioner Jorge Exposito 12/31/17 Commissioner Jonah M. Wolfson 12/31/15 Commissioner Jerry Libbin 12/31/18 Mayor Matti Herrera Bower 12/31/14 12/31/2013 Commissioner Ed Tobin 12/31/18 Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Ana Cordero Cindy Brown Darin Feldman Dr. Corey Narson Francinelee Hand Lily Furst Marivi Iglesias Rabbi Daniel Sherbill Tiva Leser Monday, December 03,2012 Position/Title """"""'''''''''''''' Applicants Christopher Todd Daniel Novela Dina Dissen Flavia Lowenstein-Eiortegui Kay Coulter Marina Novaes Mitchell Korus Steven Gonzalez 725 Position/Title Board and Committees Current Members Board of Adjustment Composition: Two (2) year term. Appointed by a 5/7th vote. RSA 1-2 Sec 118- 1'H Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public 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; the member representing general business shall be of responsible standing in the community; the member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planner, a Chartered Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as having similar credentials and duly licensed by the State of Florida. Members shall be 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 Vacancy: To replace Andrew Real Estate Developer 12/31/2012 City Commission Resnick Members: Name Last Name 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 Monday, December 03,2012 Position/Title CPA At-Large At-Large Fin, Cons. TL 12/31/13 Law Gen. Business TL 12/31/13 Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission Applicants Atala Anthony Brian Ehrlich Gabriel Paez Jonathan Beloff Michael Bernstein Noah Fox Roberta Gould Position/Title PageS of 52 726 12/31/15 12/31/17 12/31/16 12/31/13 12/31/16 12/31/13 Board and Committees Current Members Budget Advisory Committee Sec. 2-44 Composition: Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment. Two (2) at-large appointments: one (1) certified public accountant and one (1) for a financial advisor. City Liaison: Kathie Brooks Members: Name Last Name Antonio Hernandez SL 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 Monday, December 03, 2012 Position/Title Financial Adv. C. P. A. Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Jorge Exposito 12/31/16 12/31/2012 Commissioner Deede Weithorn 12/31/18 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 Mayor Matti Herrera Bower 12/31/2012 City Commission 12/31/2012 Commissioner Jerry Libbin 12/31/2013 Commissioner Michael Gongora 12/31/2012 City Commission 12/31/2012 Commissioner Ed Tobin Applicants Position/Title ································ ··~······································ Dwight Kraai Gerhard Rima Jared Plitt Lisa Ware Oliver Oberhauser Rima Gerhard 727 Page 6 of 52 12/31/15 12/31/16 12/31/16 12/31/17 12/31/14 12/31/16 Board and Committees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1) member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture and/or landscape architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. Two (2) members shall be selected with experience in the following technical field and/or the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. The remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related input to the committee. City Liaison: Fernando Vazquez Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Brian Ehrlich (C3) Developer 12/31/2013 City Commission 12/31/14 Christina Cuervo (C5) Developer TL 12/31/13 12/31/2013 City Commission 12/31/13 Dwight Kraai (2) EngineerTL 12/31/13 12/31/2012 City Commission 12/31/13 Eleanor Carney (C4) At-large 12/31/2013 City Commission 12/31/15 Elizabeth Camargo (C2) Architect TL 12/31/13 12/31/2013 City Commission 12/31/13 Robert Rabinowitz (C5) Engineer 12/31/2012 City Commission 12/31/17 Saul Gross (1) Mayor Designee 12/31/2013 Mayor Matti Herrera Bower 12/31/15 Stacy Kilroy (C3) Const/G/ Cont.TL 12/1 12/31/2012 City Commission 12/31/13 Tony Trujillo (C4) Cap.Budg/Finance 12/31/2012 City Commission 12/31/16 Applicants Position/Title Applicants Position/Title Monday, December 03, 2012 !'age 7 of 52 728 Board and Committees Annsheila Turkel Cheryl Jacobs Gerhard Rima lvette Isabel Borrello James Lloyd Michael Laas Ronald Starkman Monday, December 03, 2012 Atala Anthony Christian Folland Guy Simani Jacobs Jacobs Josh Gimelstein Rima Gerhard 729 Page8 Board and Committees Current Members Committee for Quality Education in MB Sec. 2-190.134 Composition: The committee shall consist of fifteen (15) 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 (7) members of the public with knowledge or expertise with regard to education issues who shall be direct appointments by the mayor and city commissioner with no more than three who can be employed or contracted by Miami-Dade County public shcools. The City Commission shall designate two (2) of its members to serve as City Commission liaisons who shall report to the City Commission actions of the Committee for Quality Education; the City Manager shall further designate a member of city staff to serve as a liaison who shall report the Committee's actions to the City Manager. City Liaison: Leslie Rosenfeld Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Beverly lvette Isabel Karen Kay Keren Sheila Tiffany Elisa Leone Heidi Tandy I vette Bi rba Jill Swartz Leslie Rosenfeld Lisa Simon Heller 12/31/2012 Borrello 12/31/2013 Rivo 12/31/2013 Coulter TL 12/31/13 12/31/2013 Bajaroff 12/31/2012 Duffy-Lehrman 12/31/2014 Heckler 12/31/2012 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 Matti Herrera-Bower Rebeka Cohen Rep. PTA for Ruth K. Broad Elementary -6/30/13 City Commission designee Rep. of the PTA North Beach Elem. School-6/30/13 Rep. of PTA for Treasure Island Elem. 06/30/13 City Commission designee Sofia Emuriel Vacant vacant Rep. of the PTA Sout Pointe Elementary -6/30/13 Applicants Position/Title Monday, December 03, 2012 730 ,,,,,,,,,,,,,,,,,,,,,,, Mayor Matti Herrera Bower 12/31/16 Commissioner Jonah M. Wolfson 12/31/17 Commissioner Deede Weithorn 12/31/15 Commissioner Jerry Libbin 12/31/13 Commissioner Ed Tobin 12/31/15 Commissioner Jorge Exposito 12/31/17 Commissioner Michael Gongora 12/31/18 Position/Title Board and Committees Current Members Aida EI-Matari Jill Swartz Kathleen Kowall Laurie Kaye Davis Maria Cifuentes Marrero Mia Glick Monday, December 03,2012 Elaine Litvak Judith Berson-Levinson Laura Cullen Loren Pearson Marjorie York Robert Fairless 731 Page 10of52 Board and Committees Current Members Committee on the Homeless Composition: The committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one (1). 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 Army, 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 (South Pointe Advisory Board to the Red. Agency); member of the general public with personal experience with homeless issues CDBG Project Coordinator (ESG Emergency Shelter Grant Provider), city officials, representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Katherine Martinez Members: Name 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 Kimberly Diehl Luis Iglesias-Ramirez Mitchell Korus Rosalie Pincus Stephanie Berman Monday, December 03, 2012 Position/Title TL 12/31/13 Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/31/2012 Commissioner Ed Tobin 12/31/19 12/31/19 12/31/14 12/31/16 12/31/2013 Commissioner Jorge Exposito 12/31/17 12/31/2012 Commissioner Jonah M. Wolfson 12/31/13 12/31/2012 Commissioner Jerry Libbin 12/31/16 12/31/2012 Commissioner Michael Gongora 12/31/19 12/31/2013 Commissioner Deede Weithorn 12/31/17 Applicants Debra (Debi) Quade Emma DeAibear Ida Percal Kumar Prakash Melissa Mokha Recio Sullivan Rosemarie Murillo Likens 732 Position/Title Page 11 of 52 Board and Committees Current Members Community Development Advisory Committee Composition: Committee shall be composed of fourteen (14) members. The Mayor and City Commissioners shall each make two (2) direct appointments. Sec. 2-190.110 The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following ways: 1) At least seven (7) appointees shall either be: (a) Miami Beach residents, for a minimum of six (6) months, in non-target areas or (b) either city 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 within the city, provided, however, the organization that the appointee holds such position in cannot be a current or future recepient of city CDBG or HOME funds. 2) The remaining appointees shall either be: a) A resident or a locally desginated community development target area for a miminum of six (6) months; 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. City 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 EI- Matari Last Name Position/Title Greenberg LaBuzetta Zemo Burstein Weingarten Fryd Hayes Bernstein Umlas (TL 12/31 /2012) Cohen Position/Title Monday, December 03,2012 12/31/2013 Commissioner Michael Gongora 12/31/2013 Commissioner Jerry Libbin 12/31/2013 Commissioner Jorge Exposito 12/31/2012 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 12/31/2012 Commissioner Deede Weithorn 12/31/19 12/31/2012 Commissioner Jonah M. Wolfson 12/31/19 12/31/2012 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Commissioner Ed Tobin 12/31/14 12/31/2012 Commissioner Ed Tobin 12/31/18 12/31/2013 Mayor Matti Herrera Bower 12/31/17 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/Title Dr. Barry Ragone Jeffrey Feldman Juan Rojas Mark Wohl Page 12 733 12/31/16 12/31/12 12/31/19 Board and Committees Current Members Michael Rotbart Steve Berke Monday, December 03, 2012 Russell Hartstein 734 Page 13 of 52 Board and Committees Current Members Community Relations Board Sec. 2-190.11 Composition: The board shall consist of seventeen (17) members. Eleven (11) members shalll be voting members to be appointed in the following manner: Seven (7) direct appointments, with the Mayor and each City Commissioner appointing a member. Three (3) members shall be appointed by the 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 members 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 (2) years. City Liaison: Lynn Bernstein Vacancy: To replace Jacobo Epelbaum 12/31/2012 Kathie G. Brooks, Int. City Manager Members: Name Adam Barbara Brad Darin Debra Laurie Rabbi Solomon Robert Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants To replace Solomon Genet 12/31/2012 Commissioner Jerry Libbin Last Name Position/Title Term Ends: Appointed by: Term Limit: Kravitz 12/31/2013 Montero 12/31/2014 Fleet TL 12/31/13 12/31/2013 Feldman 12/31/2013 Schwartz 12/31/2012 Davis Schiff Sen a TL 12/31/13 12/31/2012 12/31/2013 12/31/2013 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 Affairs Committee Position/Title Applicants Commissioner Jonah M. Wolfson 12/31/19 Commissioner Jorge Exposito 12/31/15 Commissioner Deede Weithorn 12/31/13 Kathie G. Brooks, Int. City 12/31/19 Manager Commissioner Ed Tobin 12/31/15 Jorge M. Gonzalez, City Manager 12/31/13 Mayor Matti Herrera Bower 12/31/15 Commissioner Michael Gongora 12/31/19 Position/Title Monday, December 03,2012 u 735 Board and Committees Andres Asion Dale Gratz Derrek Steele Irene Valines Jacobo Epelbaum Lori Gold Mia Glick Troy Fabien Monday, December 03, 2012 Claudia Moncarz David Alschuler Eliane Soffer Ivan Rusilko Jean Fils luis Herrera Sofia Emuriel 736 Page 15 Board and Committees Current Members Convention Center Advisory Board Composition: The board shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one (1) 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/Title Term Ends: Appointed by: Term Limit: Lips 12/31/2014 Commissioner Jorge Exposito 12/31/19 Alan Frank Joshua Leon Roger Stuart Tim Kruszewski 12/31/2013 Commissioner Jonah M. Wolfson 12/31/18 Wallack Manne TL 12/31/13 Abramson Blumberg Nardi ex-off. Global Spectrum Adm Rep. ex-officio, GMCVB Adm Rep 12/31/2012 Commissioner Ed Tobin 12/31/2013 Commissioner Jerry Libbin 12/31/2012 Commissioner Michael Gongora 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn Bob Balsam Ita Moriarty Stephanie Ruiz Vacant ex-officio, Chairperson Bd. Of Dir. MBCC ex-officio member of the City Manager's Office Applicants Barbara Gotlinsky David Lombardi Gabrielle Redfern Gotlinsky Barbara Mark Wohl Michael Steffens Rocio Sullivan Monday, December 03,2012 Position/Title Applicants Barbara (Bunny) Patchen Eric Lawrence Gayle Durham Liliam Lopez Michael Rotbart Robert Newman 737 Position/Title Page 16 of 52 12/31/19 12/31/13 12/31/16 12/31/15 12/31/17 Board and Committees Current Members Debarment Committee Sec. 2-190.128 Composition: The committee shall consist of seven (7) voting members to be individually appointed by the Mayor and Commissioners. The committee's purpose is to evaluate and, if warranted, to impose debarment as provided in Sections 2-397 through 2-406 of the City Code to exclude a contractor (and, in limited instances, 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 Michael Perlmutter Monday, December 03, 2012 Position/Title (TL 12/31/2012) (TL 12/31/2012) Position/Title Term Ends: Appointed by: Term Limit: 12/31/2012 Commissioner Ed Tobin 12/31/16 12/31/2012 Commissioner Michael G6ngora 12/31/18 12/31/2013 Commissioner Deede Weithorn 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2012 Commissioner Jorge Exposito 12/31/2012 Mayor Matti Herrera Bower Applicants Position/Title Lance Richardson Zachary Cohen Page 17 of 52 738 12/31/12 12/31/12 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 (7) regular members shall consist of: 1) two architects registered in the Untied States; Sec. 118.71 2) an architect registered in state of Florida or a member of the faculty of the school of architecture, urban planning, or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture, or a professional practicing in the fields of architectural design, or urban planning; 3) one landscape architect registered in the state of Florida; 4) one architect registered in the United States, or a profesional practicing in the fields of architectural or urban design, or urban planning, or a resident with demonstrated interest or background in design issues; 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) citizen-at-large members and one of the registered landscape architects, registered architects, professional designer or professional urban planners shall be residents of the city. City Liaison: Thomas Mooney 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 Lands. Arch. TL12/31/13 Gary Held Richard Lorber Vacant advisory/City Attorney Designee advisory/Acting Planning Director ex-officio/Disability Access Committee Applicants Alexander Annunziato Britta Hanson Elizabeth Camargo Francis Steffens Jean-Francois Lejeune John Stuart Seth Wasserman Monday, December 03, 2012 Position/Title Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission Position/Title Andres Asion Bryan Rosenfeld Elsa Urquiza Jane Gross Jessica Conn Ray Breslin Zarco Cyn Page 18 of 52 739 12/31/16 12/31/15 12/31/16 12/31/15 12/31/17 12/31/17 12/31/13 Board and Committees Current Members Disability Access Committee 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 by the Mayor and City Commissioners. 1) persons having mobility impairments; 2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community; 3) mental, cognitive or developmental disabilities; 4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). 5) 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 the 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 accessibilty related issues and reporting to the 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 seven(?) to fourteen (14) 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 12/31/2014 Commissioner Jorge Exposito 12/31/19 Andrew Feuerstein 12/31/2012 Commissioner Jerry Libbin 12/31/19 Barbara Gotlinsky 12/31/2013 Commissioner Ed Tobin 12/31/19 David New 12/31/2012 Commissioner Deede Weithorn 12/31/15 Dr. Susan Solman 12/31/2013 Commissioner Deede Weithorn 12/31/19 Elaine Litvak 12/31/2012 Commissioner Michael Gongora 12/31/19 Helen Swartz 12/31/2013 Commissioner Michael Gongora 12/31/18 John Bennett TL 12/31/13 12/31/2013 Commissioner Jonah M. Wolfson 12/31/13 Lawrence Fuller TL 12/31/13 12/31/2013 Commissioner Jerry Libbin 12/13/13 Lee Weiss 12/31/2012 Commissioner Jonah M. Wolfson 12/31/19 Russell Hartstein 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Sabrina Cohen 12/31/2012 Commissioner Ed Tobin 12/31/17 Susana Maroder-Rivera 12/31/2013 Commissioner Jorge Exposito 12/31/19 Wendy Unger 12/31/2012 Mayor Matti Herrera Bower 12/31/16 Ex-officio member Monday, December 03, 2012 740 Board and Committees Current Members Applicants Ann Thomas Rafael Trevino Monday, December 03, 2012 Position/Tide Applicants Rabbi Solomon Schiff 741 Position/Tide Page 20 of 52 Board and Committees Current Members 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 community at large, and provides economic stimulation to under served neighborhoods. City Liaison: Gary Farmer Vacancy: To replace Judy Adler Members: Name Last Name Position/Title Britta Hanson Carmen (Maria) Lopez Carrie Wiesenfeld Deborah Ruggiero Ellen Brazer Jamie Dokovna Judith Berson-Levinson Melissa Broad Michael McManus Michelle Ricci Nathaniel Korn Tamra Sheffman Tiva Leser Applicants Allan Hall Beverly Heller Caroline Cardenas David Lombardi Emma DeAibear Francinelee Hand Gregory Carney Janda Wetherington Jenna Ward Liliam Lopez Merri Mann Nelida Barrios Wetherington Janda Monday, December 03, 2012 Position/Title 12/31/2013 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: ····················································································· 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/16 12/31/2013 Mayor Matti Herrera Bower 12/31/15 12/31/2012 Commissioner Jerry Libbin 12/31/18 12/31/2014 Commissioner Jorge Exposito 12/31/17 12/31/2012 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2012 Mayor Matti Herrera Bower 12/31/17 12/31/2012 Commissioner Ed Tobin 12/31/16 12/31/2012 Commissioner Jonah M. Wolfson 12/31/15 12/31/2012 Commissioner Deede Weithorn 12/31/15 12131/2013 Commissioner Jonah M. Wolfson 12/31/15 Applicants Ana Kasdin Bradley Ugent Dale Stine Dina Dissen Flavia Lowenstein-Eiortegui Francis Trullenque James Weingarten Jeffrey Feldman Josephine Pampanas Marjorie O'Neill-Butler Mia Glick Patti Hernandez Zahara Mossman 742 Position/Title Page 21 of 52 Board and Committees Current Members Gay, Lesbian, Bisexual and Transgender (GLBT) Ord. 2009-3635 Com position: The Committee shall consist of 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 sentence, 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 large by a majority vote of the City Commission. City Liaison: Vacant Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Billy Kemp 12/31/2012 Mayor Matti Herrera Bower 12/31/16 Chad Richter 12/31/2012 Commissioner Ed Tobin 12/31/16 Cindy Brown 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Dale Stine 12/31/2012 Commissioner Michael Gongora 12/31/17 Daniel Spring 12/31/2013 Commissioner Jorge Exposito 12/31/16 Edison Farrow 12/31/2013 Commissioner Jerry Libbin 12/31/16 Ivan Cano 12/31/2012 Commissioner Jonah M. Wolfson 12/31/17 Jorge Rich a 12/31/2013 Mayor Matti Herrera Bower 12/31/17 Karen Brown 12/31/2013 Mayor Matti Herrera Bower 12/31/17 Laura Veitia 12/31/2014 Commissioner Jorge Exposito 12/31/16 Marivi Iglesias 12/31/2013 Commissioner Deede Weithorn 12/31/18 Michael Bath 12/31/2012 Commissioner Jerry Libbin 12/31/17 Nelida Barrios 12/31/2012 Commissioner Deede Weithorn 12/31/16 Thomas Barker 12/31/2013 Commissioner Michael Gongora 12/31/16 Willis "Chip" Arndt Jr. 12/31/2013 Commissioner Ed Tobin 12/31/16 Applicants Position/Title Applicants Position/Title Brian Richard Christopher Amisano Elizabeth Schwartz Ivana Vento Michael Andrews Rafael Trevino Rebecca Boyce Richard Murry Silvia Ros Walker Burttschell Monday, December 03, 2012 Page22of52 743 Board and Committees Current Members Golf Advisory Committee Composition: The committee shall be composed of twelve (12) members. Consisting of eleven (11) voting members, seven (7) by direct appointment by the 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 voting 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 Position/Title Term Ends: Appointed by: Term Limit: Gregory Carney 12/31/2012 Commissioner Michael Gongora 12/31/17 Jeff Blumenthal 12/31/2012 Commissioner Deede Weithorn 12/31/15 Jeffrey Cohen 12/31/2013 Commissioner Jerry Libbin 12/31/16 Jenifer Caplan 12/31/2013 Commissioner Jorge Exposito 12/31/17 John Barker 12/31/2012 Commissioner Ed Tobin 12/31/15 Joseph Conway 12/31/2013 Mayor Matti Herrera Bower 12/31/18 Michael Piazza 12/31/2012 Commissioner Jonah M. Wolfson 12/31/17 Kevin Smith Applicants Daniel Novela Mitchell Korus Ronald Starkman President for Women's Golf Assoc. MB Golf Assoc. President of the MB Golf Club Members Assoc. 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 Monday, December 03, 2012 744 Position/Title Page23 of 52 Board and Committees Current Members Health Advisory Committee Sec. 2-81 2002- Composition: Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of the City Manager: One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount Sinai Medical Center, One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health Center or his/her designee administrator; Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an Assisted Living Facility (ALF); One (1) member shall be a representative from the nursing profession; One (1) member shall be a health benefits provider; Two (2) members shall be physicians.; Two (2) members shall be consumers consisting of: 1) one (1) individual from the corporate level and ; 2) one (1) private individual. One member shall be a physician or an individual with medical training or experience. There shall be one (1) non-voting ex-officio representative from each of the following: The Miami Dade County Health Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex- officio member of the board. City Liaison: Clifton Leonard Members: Name Last Name Position/Title Anthony Japour ACLF Baruch Jacobs M.D. Health Provider Dr. Andrew Nullman Physician Dr. Jay Rein berg Physician Dr. Stacey Kruger Physician Harold Foster Private Individual Rachel Schuster ACLF Shaheen Wirk Private Individual Steven Son en reich CEO/Mt. Sinai/MH (NTL) Tobi Ash Nursing Profession Todd Narson CEO MB Community Health Julie Zaharatos Maria Ruiz Rep. from the Health Council of South Fla ex-officio, Director of Children's Affairs Applicants Caroline Cardenas Jared Plitt Monday, December 03,2012 Position/Title Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/16 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission 12/31/14 12/31/2012 City Commission 12/31/16 12/31/2012 City Commission 12/31/16 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission 12/31/16 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission Applicants Position/Title """"""''""'''''''''''''''''''''''' Ivan Rusilko Michael Steffens Page 24 of 52 745 Board and Committees Current Members Health Facilities Authority Board Composition: Four (4) year terms. Five (5) members shall consist of; two (2) health providers, Sec. 2-111 one (1) individual in the field of general business who possesses good standing in the community; one (1) accountant and; one (1) attorney. The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of the City. Florida Statute 154.207 No term Limits. City Liaison: Patricia Walker Members: Name Allison Arthur Marc Mark Sidney Last Name Stone Unger Umlas Sinnreich Goldin Position/Title Attorney Accountant Health Provider Health Provider General Business vacant Chairperson, Health Advisory Board Applicants Miguel Antonio Aviles Rosalie Pincus Monday, December 03, 2012 Position/Title Term Ends: Appointed by: Term Limit: 06/19/2013 City Commission FS-154-207 06/19/2016 City Commission FS 154-207 06/19/2014 City 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 25 of 52 746 Board and Committees Current Members Hispanic Affairs Committee Sec. 2-190.21 Composition: The committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment. The chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. City Liaison: Nannette Rodriguez Members: Name Last Name Ana Cecilia Velasco Antonio Purrinos Eliane Soffer Francis Trullenque Ida Perea I Luz Rojas Patti Hernandez Alejandro Dominguez Luis Herrera Rafael Trevino Monday, December 03, 2012 Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 12/31/2012 12/31/2014 12/31/2013 12/31/2012 12/31/2012 12/31/2013 Applicants Israel Sands oo·•••••••••••··•••••••••••··••·••••••••••••••~•·•••••~~·••••••••••~·•···•••·•••••••••••••••••••••••••••••••••••••••• Commissioner Michael G6ngora 12/31/18 Commissioner Jonah M. Wolfson 12/31/17 Commissioner Jorge Exposito 12/31/17 Commissioner Ed Tobin 12/31/15 Commissioner Jerry Libbin 12/31/16 Mayor Matti Herrera Bower 12/31/19 Commissioner Deede Weithorn 12/31/15 Position/Title Luis Iglesias-Ramirez Regina Suarez Page26 of 52 747 Board and Committees Current Members Historic Preservation Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) members. There shall be a member from each of the following categories: 1) A representative from the Miami Design Preservation League (MDPL); Selected from three names nominated by the League. 2) A representative from Dade Heritage Trust (DHT); Selected from three names nominated by the Trust. Sec. 118-101 3) Two at-large member who have resided in one of the City's historic districits for at least one year, and have demostrated ineterest and knowledge in 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 field 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 foregoing with professional experience and demonstrated interest in historic preservaton. 6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. All 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 be residents of, the city, provived, however, that the city commission may waive this requirement by a 5/7ths vote in the event a person not meeting these residency requirements is availale to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. City Liaison: Thomas Mooney Members: Name Last Name David Wieder Dominique Bailleul Henry Lares Herb So sa Ira Giller Jane Gross Josephine Manning Applicants mmmmm•••••••••••••• ""'""'""" Alejandro Dominguez Elizabeth Pines Guy Simani Jessica Jacobs Josh Gimelstein Marina Novaes Raymond Adrian Monday, December 03,2012 Position/Title Attorney At-large Faculty Mem. TL 12/31/13 MDPL Reg. Architect Dade Heritage At-large Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2012 City Commission Applicants Position/Title Andrew Fischer Francis Steffens Jeffrey Cohen John Stuart Marilys Nepomechie Morris Sunshine 748 Page 27 of 52 12/31/15 12/31/16 12/31/13 12/31/15 12/31/17 12/31/16 12/31/14 Board and Committees Current Members Housing Authority Composition: Four year appointment. Five (5) members, appointed by the Mayor. Reso 7031 421.05 Appointments must be confirmed by the City Commission. At least one (1) member who shall 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 housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority or public housing 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 Barbara Gotlinsky Damian Gallo Julio Lora December 03, 2012 Tenant Commissioner Position/Title HA Commissioner HA Commissioner HA Commissioner HA Commissioner Position/Title 10/11/2012 Mayor Matti Herrera Bower 10/11/18 Term Ends: Appointed by: Term Limit: 10/11/2013 Mayor Matti Herrera Bower 10/11/2013 Mayor Matti Herrera Bower 10/11/2015 Mayor Matti Herrera Bower 10/11/2014 Mayor Matti Herrera Bower Applicants Allan Hall Christian Folland Gotlinsky Barbara Prakash Kumar 749 Position/Title Page28 of 52 10/11/17 10/11/16 1 0/11/19 10/11/18 Board and Committees Current Members Loan Review Committee Sec. 2-166 Composition: The committee shall consist of seven (7) voting members whom shall be direct appointments by the Mayor and City Commissioners. The finance director or his/her designee and the city manager or his/her designee shall serve as non- voting ex-officio members A member of the Community Development Advisory Committee (CDAC) shall 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 Last Name Position/Title Term Ends: Appointed by: Term Limit: Eric Lawrence 12/31/2012 Commissioner Michael Gongora 12/31/17 Jay Dermer 12/31/2012 Commissioner Jonah M. Wolfson 12/31/18 Juan Torres 12/31/2013 Mayor Matti Herrera Bower 12/31/15 Mario Coryell 12/31/2014 Commissioner Jorge Exposito 12/31/17 Mayra Diaz Buttacavoli 12/31/2013 Commissioner Ed Tobin 12/31/17 Michael Rotbart TL 12/31/13 12/31/2013 Commissioner Deede Weithorn 12/31/13 Steve Zuckerman 12/31/2012 Commissioner Jerry Libbin 12/31/14 ex-officio member of the CDAC Patricia Walker ex-officio Finance director or his/her designee Applicants Allan Hall Stephanie Berman Monday, December 03, 2012 Position/Title Applicants Position/Title Lance Richardson Page 29 of 52 750 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-officio 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 previous experience in the operation of or inspection 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 Maurice Sasha Stephen Michael George Applicants Britta Hanson Elaine Roden Jonathan Beloff Paul Friedman William Cahill To replace Joel Aberbach Last Name Position/Title Maldonado Todd Kipnis Good beer Boulanger Bernstein ex-officio MB Marine Patrol Position/Title Monday, December 03, 2012 12/31/2013 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: 12/31/2012 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Jorge Exposito 12/31/14 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 12/31/2012 Commissioner Jerry Libbin 12/31/19 12/31/2013 Commissioner Ed Tobin 12/31/18 12/31/2012 Commissioner Deede Weithorn 12/31/18 Applicants Christian Folland Jacobo Epelbaum Matthew Paulini Robert Glick 751 Position/Title Page30 of 52 Board and Committees Current Members Miami Beach Commission For Women Composition: Twenty-one (21) members. 2007-3570 s 2190- Each of the seven (7) members of the commission shall appoint three (3) members. The chairperson of the Commission on the Status of Women or its designee shall serve as a non- voting ex-officio member of the Community Relations Board. City 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 Recio Tiffany Applicants Dale Gratz Kasdin Last Name Moncarz Quade Orlandini Hand Arfa Conn Edelstein Cullen Bruney Coller Quiala York Carlson Harvey Weisburd Suarez Berman Gould Sullivan Lapciuc Eda Valero-Figueira Judith Berson-Levinson Marie Towers Merle Weiss Molly Leis Rebecca Boyce Monday, December 03, 2012 Position/Title TL 12/31/13 TL 12/31/13 TL 12/31/13 TL 12/31/13 Position/Title 12/31/2013 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: 12/31/2012 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31/13 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2012 Commissioner Ed Tobin 12/31/14 12/31/2012 Commissioner Jonah M. Wolfson 12/31/19 12/31/2012 Commissioner Jerry Libbin 12/31/15 12/31/2013 Commissioner Michael Gongora 12/31/19 12/31/2014 Commissioner Jorge Exposito 12/31/13 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Jorge Exposito 12/31/16 12/31/2013 Mayor Matti Herrera Bower 12/31/13 12/31/2013 Commissioner Jorge Exposito 12/31/18 12/31/2012 Commissioner Jonah M. Wolfson 12/31/13 12/31/2012 Commissioner Ed Tobin 12/31/2012 Commissioner Michael Gongora 12/31/2012 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn 12/31/2012 Commissioner Michael Gongora 12/31/2013 Commissioner Deede Weithorn Applicants Diana Fontani Martinez Jennifer Diaz Maria Begonia Calcerrada Marjorie O'Neill-Butler Michael Tichacek Natalia Datorre Wendy Kallergis 752 Position/Title Page31 of52 12/31/15 12/31/17 12/31/17 12/31/15 12/31/19 12/31/17 Board and Committees Current Members Miami Beach Cultural Arts Council Composition: Three (3) years term. Vacancies submitted by slate of candidates provided by the council. Sec. 2-51 Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission. Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year terms each. Additionally, effective December 31, 2002, no council member may serve more than six (6) consecutive years. City Liaison: Gary Farmer Vacancy: To replace Ileana Bravo-Gordon Members: Name Beatrice Charles Daniel Ed a Gregory Isadore Marjorie Merle Nina Zoila Applicants Annette Fromm Bradley Ugent Elizabeth Pines George Durham Last Name Hornstein Million Novel a Valero-Figueira Melvin Have nick O'Neill-Butler Weiss Duval Datorre Jason Witrock Jean-Francais Lejeune Jonathan Parker Kumar Prakash Mark Alhadeff Molly Leis Monica Minagorri Oliver Oberhauser Rebecca Diaz Steve Berke Wetherington Janda Monday, December 03, 2012 Position/Title TL 12/31/13 TL 12/31/13 Position/Title 12/31/2012 City Commission Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Applicants Antoinette Zel Calvin Kohli Eugenio Cabreja Janda Wetherington Jean Fils Jenna Ward Karlene Mcleod Maria Cifuentes Marrero Michael McManus Monica Harvey Nathaniel Korn Patti Hernandez Robert Newman Tamra Sheffman Zarco Cyn 753 Position/Title Page32of52 12/31/15 12/31/17 12/31/15 12/31/14 12/31/15 12/31/13 12/31/15 12/31/17 12/31/13 12/31/14 Board and Committees Current Members Miami Beach Human Rights Committee 2010-3669 Composition: The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the remaining members to be at-large 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 (1) 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 of 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/Title Fishman Ortuno Ragone Schwartz Law Trevino Burttschell Warren Jr. Position/Title Andrea Lisa Travaglia Christopher Amisano Lori Gold Monica Harvey December 2012 12/31/2013 City Commission 12/31/2012 City Commission Term Ends: Appointed by: Term Limit: 12/31/2013 12/31/2012 12/31/2012 12/31/2013 12/31/2012 12/31/2013 12/31/2013 Applicants Bradley Ugent Ivana Vento Luis Herrera 754 City Commission 12/31/16 City Commission 12/31/16 City Commission 12/31/16 City Commission 12/31/16 City Commission 12/31/16 City Commission 12/31/16 Mayor Matti Herrera Bower 12/31/19 Position/Title Page33 of 52 Board and Committees Current Members 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 (1) representatives per Sister City affiliation and, nine (9) other members. All of these members are appointed by the mayor. The members of the coordinating council shall 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 Fontani 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: Annette Fromm other 12/31/2012 Mayor Matti Herrera Bower Bruce Reich Nahariya, Israel TL 12/31/13 12/31/2012 Mayor Matti Herrera Bower Elaine Roden other 12/31/2013 Mayor Matti Herrera Bower Faye Goldin other 12/31/2012 Mayor Matti Herrera Bower Gary Twist Fortaleza Brazil 12/31/2012 Mayor Matti Herrera Bower George Neary other 12/31/2012 Mayor Matti Herrera Bower Ileana Bravo-Gordon Rio de Janeiro, Brazil 12/31/2012 Mayor Matti Herrera Bower Jacobo Epelbaum other 12/31/2013 Mayor Matti Herrera Bower Jenna Ward Almonte, Spain 12/31/2013 Mayor Matti Herrera Bower Jennifer Diaz Santa Marta, Colombia 12/31/2012 Mayor Matti Herrera Bower Jessica Londono lea, Peru 12/31/2012 Mayor Matti Herrera Bower Nuccio Nobel Cozumel, Mexico 12/31/2013 Mayor Matti Herrera Bower Ray Breslin Brampton, Canada 12/31/2013 Mayor Matti Herrera Bower Roberto DaTorre other 12/31/2013 Mayor Matti Herrera Bower Stephanie Trinidad other 12/31/2012 Mayor Matti Herrera Bower Wendy Kallergis Pescara, Italy 12/31/2013 Mayor Matti Herrera Bower Zeiven Beitchman other 12/31/2012 Mayor Matti Herrera Bower Term Limit: 12/31/19 12/31/13 12/31/17 12/31/18 12/31/17 12/31/16 12/31/19 12/31/19 12/31/19 12/31/19 12/31/17 12/31/16 12/31/16 12/31/16 12/31/16 12/31/19 12/31/14 Applicants Position/Title Applicants Ann Thomas Bruce Klaiber Claudia Moncarz Francesco Stipo Gregory Carney Position/Title Ana Kasdin Beatrice Hornstein Charles Million Darin Feldman Gabriel Paez Monday, December 03, 2012 Page 34 755 Board and Committees Current Members Israel Sands Josephine Pampanas Luis Iglesias-Ramirez Maria Rodriguez Rabbi Daniel Sherbill Tamra Sheffman Monday, December 03, 2012 Ivan Rusilko Luis Giraldo-De Ia hoz Marcella Paz Cohen Michael Rotbart Raymond Adrian Walter Lucero 756 Page35 of52 Board and Committees Current Members Normandy Shores Local Gov. Neighborhood Impv. Sec 34-175 Composition: The Advisory Council shall be appointed by the Board of Directors (City 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 from 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 Marie Towers Monica Minagorri Monday, December 03, 2012 Position/Title Position/Title 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 Position/Title Jonathan Porcelli Miguel Antonio Aviles Sofia Emuriel 757 Page36 of 52 Board and Committees Current Members Parks and Recreational Facilities Board Composition: Sec. 2-171 The board shall be comprised of ten (10) members. Seven (7) direct appointments made by the mayor and each commissioner. The chairperson of the following boards/committees or their designees shall serve as nonvoting ex- officio members of the Parks and Recreational Facilities Board: 1) Beautification Committee, 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: TL 12./31/13 12/31/2012 Mayor Matti Herrera Bower 12/31/13 Amy Harriet Jeffrey Jonathan Rabin Halpryn Forster Groff 12/31/2012 Commissioner Jonah M. Wolfson 12/31/15 Leslie Graff Lizette Meryl Lopez Wolfson (TL 12/31/2012) TL 12/31/13 12/31/2013 Commissioner Michael Gongora 12/31/2012 Commissioner Deede Weithorn 12/31/2012 Commissioner Ed Tobin 12/31/2013 Commissioner Jerry Libbin 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 Cannon Dolores Hirsh George Castillo Jason Witrock Laurie Kaye Davis Maria Cifuentes Marrero Michael Steffens Mojdeh Khaghan Paul Stein Monday, December 03, 2012 Position/Title Applicants Dana Turken Eleanor Carney George Durham Jonathan Parker Lior Leser Maria Rodriguez Miguel Antonio Aviles Moni Cohen Walter Lucero 758 Position/Title Page 37 of 52 12/31/19 12/31/17 12/31/15 12/31/12 12/31/13 Board and Committees Current Members Personnel Board Sec. 2-190.66 Composition: Ten (10) members appointed by a 5/7 vote. Six (6) of which shalll be citizens of Miami Beach not in the employment of the city, each having a different vocation; and three (3) 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 of regular status in the respective groups: Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department, Group 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: Vacancy: Members: To replace David Richardson 12/31/2013 City Commission Name Last Name Position/Title (TL 12/31/2012) Term Ends: Appointed by: Term Limit: David Gabriel Michael Mojdeh Rosalie Christopher Diaz Evette Phillips George Castell Vacant Applicants Alschuler Paez Perlmutter Khaghan Pincus (TL 12/31/2012) elected 07/20/2011 exp. 7/31/2014-Group I elected 07/09/2012 exp. 7/31/2015 Group III elected 07/23/2010 exp. 7/31/2013 Group II Human Resources Director Position/Title 12/31/2012 12/31/2012 12/31/2013 12/31/2012 12/31/2013 Applicants "' ,,,,,,,,,,,,, """""'"'''''''''"' Elsa Orlandini Lori Gold Monday, December 03, 2012 Gail Harris Richard Preira 759 City Commission 12/31/12 City Commission 12/31/15 City Commission 12/31/12 City Commission 12/31/16 City Commission 12/31/15 Position/Title Page38of52 Board and Committees Current Members Planning Board Sec. 118-51 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular voting members. The voting members shall have considerable experience in general business, land development, land development practices or land use issues.; 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 issues; 4) one person who has education and/or experience in historic preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: A) Has earned a college degree in historic preservation; B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or C) Is recognized by the city commission for contributions to historic preservation, education or planning; and 5) three persons who 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 Urstadt Daniel Veitia Henry Stolar Jean-Francais Lejeune Jonathan Bel off Randy Weisburd Robert Wolfarth Applicants Alexander Annunziato Atala Anthony Brian Ehrlich Elizabeth Camargo Frank Kruszewski Guy Simani Jeffrey Cohen John Stuart Monday, December 03, 2012 Position/Title General Business Historic Preservation Gen. Bus. TL 12/31/13 Architect Attorney Gen. Bus. TL 12/31/13 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 12/31/2012 City Commission 12/31/17 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission 12/31/13 12/31/2013 City Commission 12/31/17 Applicants Position/Title """"""""""""""'""" Andres Asian Avi Ciment Bryan Rosenfeld Francis Steffens Gary Twist Jane Gross Jessica Conn Joshua Wallack 760 39 of 52 Board and Committees Current Members Joy Malakoff Marina Novaes Mario Courtney Robert Sena Monday, December 03, 2012 Lior Leser Mark Alhadeff Noah Fox 761 Page40of52 Board and Committees Current Members Police Citizens Relations Committee Composition: The committee shall consist of seventeen (17) members, fourteen (14) of whom shall be voting members. Sec. 2-190.36 The members shall be direct appointments with the Mayor and City Commissioners, each making two (2) individual appointments. One (1) 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 the 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 appointment 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 (L.U.L.A.,C.]; The Anti-Defamation League, (A.D.L.); The Dade Action Pac; the National Association for the Advancement of Colored People (NAACPA); the League of Women's Voters, and any other organizations deemed appropriate. The voting members of the committee shall have knowledge of 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 TL 12/31/13 12/31/2014 Commissioner Jorge Exposito 12/31/13 Claire Warren 12/31/2013 Mayor Matti Herrera Bower 12/31/18 Dina Dissen 12/31/2012 Commissioner Jerry Libbin 12/31/14 Gianluca Fontani 12/31/2014 Commissioner Jorge Exposito 12/31/18 Glenda Krongold 12/31/2012 Commissioner Ed Tobin 12/31/15 Hope Fuller 12/31/2013 Commissioner Jerry Libbin 12/31/16 Jared Plitt 12/31/2013 Commissioner Deede Weithorn 12/31/15 Jared Dokovna 12/31/2012 Commissioner Michael G6ngora 12/31/17 Jonathan Parker 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Michael Grieco 12/31/2012 Commissioner Michael G6ngora 12/31/19 Mitchell 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 December 03, 2012 41 52 762 Board and Committees Current Members Alejandro Dominguez Bruce Klaiber Erik Goldman Eve Tegan Irene Valines Kimberly Diehl Laura Cullen Maria Begonia Calcerrada Michael Perlmutter Rachel Schuster Rosemarie Murillo Likens Monday, December 03, 2012 Barbara (Bunny) Patchen Deborah Ruggiero Eugenio Cabreja Irene Valines Jessica Jacobs Kumar Prakash laura Morilla Melissa Mokha Prakash Kumar Richard Preira Steven Gonzalez 763 Page42of52 Board and Committees Current Members Production Industry Council Sec. 2-71 Composition: The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make one direct appointment. All regular members shall have knowledge of the fashion, film, 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 Vacancy: Members: Name Allee Belkys Bruce Ivan Noreen Applicants Irene Valines Lisa Ware Paul Friedman To replace Ivan Pol Recording Industry To replace Joyce Production Galbut Last Name Newhoff Nerey Orosz Parron Legault-Mendoza Position/Title Fashion TL 12/31/13 Production Fashion News Media TV/Film Position/Title Monday, December 03, 2012 12/31/2013 Commissioner Jerry Libbin 12/31/2012 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Jorge Exposito 12/31/13 12/31/2013 Commissioner Deede Weithorn 12/31/18 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2012 12/31/2013 Commissioner Michael Gongora 12/31/16 Commissioner Jonah M. Wolfson 12/31/17 Applicants Karlene Mcleod Natalia Datorre 764 Position/Title 43 52 Board and Committees 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 requires that one of the two direct appointments by the Mayor and each of the City Commissioners be Citizen Emergency Response Team (CERT) certified. City Liaison: Clifton Leonard Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Alfredo Rey 12/31/2012 Commissioner Deede Weithorn 12/31/17 Barbara Gillman TL: 12/31/13 12/31/2012 Commissioner Jonah M. Wolfson 12/31/13 Baruch Sandhaus 12/31/2013 Commissioner Jorge Exposito 12/31/17 Calvin Kohli 12/31/2012 Commissioner Jerry Libbin 12/31/16 Irene Valines 12/31/2012 Commissioner Ed Tobin 12/31/19 Jane Hayes 12/31/2013 Commissioner Jerry Libbin 12/31/17 Jason Wit rock 12/31/2014 Commissioner Jorge Exposito 12/31/19 Jeannette Egozi 12/31/2013 Commissioner Michael G6ngora 12/31/17 Jeff Gordon 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Jerry Marsch TL 12/31/13 12/31/2012 Mayor Matti Herrera Bower 12/31/13 Joel Aberbach 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Marcella Paz Cohen 12/31/2013 Commissioner Deede Weithorn 12/31/16 Michelle Green 12/31/2013 Commissioner Michael G6ngora 12/31/19 Oren Lieber 12/31/2012 Commissioner Ed Tobin 12/31/14 Applicants Position/Title Applicants Position/Title Ida Percal Michael Perlmutter Michael Tichacek Michelle Green Orlinda Perez Perez Robert Blumenthal Silvia Rotbart William Cahill Monday, December 03, 2012 Page44 of 52 765 Board and Committees Current Members Single Family Residential Review Panel 2006-3529 Composition: The panel shall be composed of three (3) members, two of whom shall be architects an/or other registered design professionals, and one shall be a resident of the City, each to serve for a term of one (1) 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 (3) American Planning Association, local section (4) The Miami Design Preservation League (5) Dade Heritage Trust - Liaison: Thomas Mooney Vacancy: To replace Daniel Registered Design Prof. 12/31/2012 Vietia Jorge Gutierrez Registered Design Prof. 12/31/2012 (TL 12/31 /14) Rafael Sixto Registered Design Prof. 12/31/2012 (TL 12/31/14) Members: Kathie G. Brooks, Int. City Manager Kathie G. Brooks, Int. City Manager Kathie G. Brooks, Int. City Manager Name Last Name Position/Title Term Ends: Appointed by: Term Limit: new member Applicants Oliver Oberhauser Monday, December 03,2012 Position/Title ''''"'' "'''''''''''''''' ............. .. 12/31/2012 Applicants Position/Title """''''''''''''••············ Page 45 of 52 766 Board and Committees Current Members Sustainability Committee 2008-3618 Composition: The Committee shall consist of seven (7) voting members, one each to be directly appointed by 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 trends, 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 the indefinite future. The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green Initiatives and to promote and provide plans 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 Lily Luiz Mitch Applicants Amy Tancing Elizabeth Pines Marivi Iglesias Russell Hartstein Sobel Furst Rodrigues Novick Monday, December 03,2012 Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Jerry Libbin 12/31/19 12/31/2012 Commissioner Michael Gongora 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 12/31/2012 Commissioner Ed Tobin 12/31/2013 Mayor Matti Herrera Bower Applicants Andrea Lisa Travaglia George Durham Michael Laas Walker Burttschell 767 Position/Title Page46 of 52 12/31/15 12/31/16 Board and Committees Current Members Tennis 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 expertise 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: Vacant Vacant Members: Name Last Name Carrie Johnson David Berger Dolores Hirsh Eve Tegan Gayle Durham Applicants Kimberly Diehl Melissa Mokha Stephen Donnelly Vicki Petruzzelli Monday, December 03, 2012 Position/Title Position/Title 12/31/2013 Commissioner Jerry Libbin 12/31/2013 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Deede Weithorn 12/31/19 12/31/2012 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2012 Commissioner Michael Gongora 12/31/19 12/31/2013 Commissioner Ed Tobin Applicants Marlene Pross Michael Tichacek Steve Berke 768 Position/Title Page 47 of 52 12/31/19 Board and Committees Current Members Transportation and Parking Committee Composition: Committee shall consist of fourteen (14) members. Sec. 2-190.91 The Mayor and City Commissioners shall each make one (1) appointment, with the other members of the committee to be composed of members from the following community organizations, each of which must designate a permanent 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 of 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 impact on the City of Miami Beach. The members of the board shall be officially designated by their respective organization, and letters certifying that designation shall be forwarded to the Miami Beach City Clerk. City Liaison: Saul Frances Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dr. Corey Narson 12/31/2012 Commissioner Jerry Libbin 12/31/18 Eric Ostroff 12/31/2012 Commissioner Deede Weithorn 12/31/18 J.P. Morgan 12/31/2013 Commissioner Michael Gongora 12/31/14 Josephine Pampanas 12/31/2012 Mayor Matti Herrera Bower 12/31/14 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 Weithorn vacant vacant William "Bill" Hahne Applicants Cheryl Jacobs Eleanor Carney Gianluca Fontani Rep. for the Ocean Dr. Imp. Assoc. 12/31/12 Rep. for Mid-Beach Community Assoc. -12/31/12 Rep. for MBCDC 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 Monday, December 03, 2012 769 Position/Title 48of52 12/31/16 Board and Committees Current Members Transportation and Parking Committee Composition: Committee shall consist of fourteen (14) members. Sec. 2-190.91 The Mayor and City Commissioners shall each make one (1) appointment, with the other members of the committee to be composed of members from the following community organizations, each of which must designate a permanent 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 of 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 impact on the City of Miami Beach. The members of the board shall be officially designated by their respective organization, and letters certifying that designation shall be forwarded to the Miami Beach City Clerk. City Liaison: Saul Frances Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dr. Corey Narson 12/31/2012 Commissioner Jerry Libbin 12/31/18 Eric Ostroff 12/31/2012 Commissioner Deede Weithorn 12/31/18 J.P. Morgan 12/31/2013 Commissioner Michael Gongora 12/31/14 Josephine Pampanas 12/31/2012 Mayor Matti Herrera Bower 12/31/14 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 Weithorn vacant vacant William "Bill" Hahne Applicants Cheryl Jacobs Eleanor Carney Gianluca Fontani Rep. for the Ocean Dr. Imp. Assoc. 12/31/12 Rep. for Mid-Beach Community Assoc. -12/31/12 Rep. for MBCDC 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 Monday, December 03,2012 770 Position/Title Page 48 of 52 12/31/16 Board and Committees Current Members Jacobs Jacobs Julio Lora Orlinda Perez Perez Sasha Boulanger Monday, December 03, 2012 Jeffrey Feldman Kumar Prakash Rima Gerhard Steven Oppenheimer 771 Page49of52 Board and Committees Current Members Visitor and Convention Authority Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. Sec. 1 02-246 The seven (7) members of the authority shall be representative of the community as follows: 1) Not less than two (2) nor more than three (3) members shall be representative of the hotel industry; 2) and the remaining members none of whom shall be representative of the hotel industry, shall represent the community at-large. Any member of the authority or employee therefore violating or failing to comply with provisions of this article shall be deem to have vacated his office or position. City Liaison: Grisette Roque. Members: 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 Joy Malakoff Karlene Mcleod Prakash Kumar Zahara Mossman Monday, December 03, 2012 Position/Title At-Large At-large TL 12/31/13 Hotel Industry TL 12/31/13 Hotel Industry At-Large At-large At-large Position/Title Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/16 12/31/2013 City Commission 12/31/13 12/31/2013 City Commission 12/31/13 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission 12/31/17 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission 12/31/14 Applicants Position/Title Brian Richard Charles Million Christopher Amisano Diana Fontani Martinez Frank Kruszewski Harold Foster James Lloyd Jennifer Diaz Joshua Wallack Karen Brown Natalia Datorre Steven Gonzalez 772 50 Board and Committees Current Members Waterfront Protection Committee Sec. 2-190.122 Composition: The committee shall consist of: seven (7) voting members, one appointed by the Mayor and each Commissioner, and three (3) non- voting ex-officio members to be comprised as follows: 1) Seven (7) citizens having an interest in the preservation of the city's beaches and the purposes of the committee, 2) The city's environmental specialist as an ex-officio member, 3) An individual appointed by the Miami Dade County Department of Environmental Resources Management (DERM), Natural Resources Division who holds the position of Special Projects Administrator II as an ex-officio 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 Lisa Botero Applicants Alan Fishman Luiz Rodrigues William Cahill Hershkowitz 12/31/2012 Commissioner Jerry Libbin 12/31/14 Fisher 12/31/2012 Commissioner Deede Weithorn 12/31/18 Feldman 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Krieger TL 12/31/13 12/31/2012 Commissioner Michael Gongora 12/31/13 Sunshine 12/31/2013 Commissioner Jorge Exposito 12/31/15 Friedman 12/31/2013 Commissioner Ed Tobin 12/31/16 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 Applicants James Weingarten Silvia Rotbart Position/Title Monday, December 03,2012 Page 51 of 52 773 Board and Committees Current Members Youth Center Advisory Board Composition: The board shall consist of ten (10) members, Sec. 2-186 seven (7) of whom shall be voting 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 school, and the other must attend a high school. The director of 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, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Ellen Vargas Vacancy: Members: Name Annette Dana Esther Jeffrey Michael Paul Stephanie Maria Ruiz Applicants Last Name Cannon Turken Egozi Choukroun Graff Burnstine Stein Rosen Position/Title ex-officio student rep. of a Middle School ex-officio student rep. of a High School ex-officio Dir. of Children's Affairs Position/Title Aida EI-Matari Laurie Kaye Davis Monday, December 03, 2012 Term Ends: Appointed by: Term Limit: 12/31/2012 12/31/2013 12/31/2012 12/31/2012 12/31/2013 12/31/2012 12/31/2013 Applicants Commissioner Ed Tobin 12/31/18 Commissioner Jorge Exposito 12/31/15 Commissioner Michael Gongora 12/31/17 Commissioner Jerry Libbin 12/31/16 Commissioner Jonah M. Wolfson 12/31/19 Mayor Matti Herrera Bower 12/31/16 Commissioner Deede Weithorn 12/31/15 Position/Title Andrea Lisa Travaglia Rebecca Diaz Page 52 of 52 774 City Commission Committaas Committee Position First Nama Appointed by 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 Libbin Mayor Bower Alternate Commissioner Ed Tobin Mayor Bower Liaison Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Commissioner Edward L. Tobin Mayor Bower Vice-Chair Commissioner Jerry Libbin Mayor Bower Member Commissioner Jorge Exposito Mayor Bower Alternate Commissioner Jonah Wolfson Mayor Bower Liaison Barbara Hawayek, Building Dept. Monday, December 03, 2012 775 NON-CTIY COMMISSION COMMITTEES Ricky Arriola Term ending May 2014 Mitchell Kaplan Term ending September 2012 Richard Milstein Term ending July 2014 The Adrienne Arsht Center for the Performing Arts Center Trust Mayor Matti Herrera Bower Citizens Oversight Committee Greater Miami Convention and Visitors Bureau (GMVB) Tourism Development Council Reappointed 3/21/2012 Metropolitan Planning Organization (MPO) Commissioner Weithorn Miami-Dade County Homeless Trust Board Commissioner Michael Gongora Miami Dade League of Cities Vacant Dade Cultural Alliance Victor Diaz effective 4/11/2012 Miami-Dade County Charter Review Task 776 MIAMI BEACH of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City coy mission Kathie G. Brooks, Interim City Manager /A-~ December 12, 2012 SUBJECT: BOARD AND COMMITTEE APPOINTMENTS-CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee 2 Board of Adjustment 3. Miami Beach Cultural Arts Council 4. Miami Beach Human Rights Committee 5. Normandy Shores Local Gov. Neighborhood lmpvr. 6. Personnel Board KGB/REG Please see the "Agenda-Agenda Archives" for the continuously updated Releas~s of City Commission At-Large Nominations listing current information about VVhich applicants have actually been nominated. The Agenda-Agenda Achieves is located at: http://web.miamibeachfLgovlcityclerklscroll.aspx?id=66724 F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 12-12-12.doc 777 Agenda Item ~ 9 ~I Date 12 ~ 12 -( 2.... THIS PAGE INTENTIONALLY LEFT BLANK 778 R9 -New Business and Commission Requests R981 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) AGENDA ITEM: R9B1-2 DATE: J¢.·lJ.,./2_ 779 THIS PAGE INTENTIONALLY LEFT BLANK 780 G MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Kathie Brooks, Interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Commissioner November 5, 2012 Agenda item: Federal Windstorm Program MEMORANDUM Please place a discussion item on the November 14, 2012 Commission Meeting Agenda regarding preparing a directive to Federal legislature lobbyist, asking them to promote a Federal Windstorm Program. 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, nnd ploy our Agenda Item R9C.. Date /) -1).-tL 781 THIS PAGE INTENTIONALLY LEFT BLANK 782 R9 -New Business and Commission Requests R9D The Committee Of The Whole Will Meet During Lunch Recess Of The December 12, 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) Agenda Item___.~ ....... Date I J;/2..-1 L. 783 THIS PAGE INTENTIONALLY LEFT BLANK 784 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie G. Brooks, Interim City Manager FROM: Jonah Wolfson, Commissioner DATE: November 27'h, 2012 SUBJECT: Discussion Item December 12th, 2012 Commission Meeting Please place on the December 12'h, 2012, City Commission Meeting agenda a discussion item on the condition of the stones in the 1 1 00 block of Lincoln Road. If you have any questions, please do not hesitate to contact my office at extension 6437. JW/Ih Agenda Item R q E. Date }2..-IZ.~t 2.., 785 THIS PAGE INTENTIONALLY LEFT BLANK 786 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION 30 ~::~; 3-·MEMORANDUM TO: FROM: DATE: Kathie Brooks, Interim City Mcrnl1(}ef ... d Jerry Libbin, Commissioner J!1 November 29, 2012 SUBJECT: Agenda item for the December 12, 2012 Commission meeting; Discussion on a Potential Development for North Beach Please place on the Commission meeting agenda a discussion to consider a potential development of the parking lot between 72"d and 73rd Street of Collins Avenue. Please contact my office at ext. 7106 if you have any questions. JL/er We ore commii!Bd lo providing l?xc<~llenl seNic:e and solniy lo o/1 who live, work, 787 ill OUI I Agenda Item R9 F Date l 2--12-12.... THIS PAGE INTENTIONALLY LEFT BLANK 788 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION FROM: Jerry libbin, Commissioner DATE: November 29, 2012 !') .l. 30 •I> r·, 1 ~>: ··~MEMORANDUM SUBJECT: Agenda item for the December 12, 2012 Commission meeting; Discussion on a Potential Development for North Beach Please place on the Commission meeting agenda a discussion to consider an RFP for the development of the west lots between 79th Street to 87 1h Street of Collins Avenue. Please contact my office at ext. 71 06 if you have any questions. JL/er \1\!e ore C"Ommllled lo to oil who live, work, one! Ill OIJI Agenda Item R q ~ Date 12--12-1)., 789 THIS PAGE INTENTIONALLY LEFT BLANK 790 (Q MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSJdKilt ;:. 30 TO: FROM: DATE: Kathie Brooks, lnterim--Gity--Manoge'r Jerry Libbin, Commissioner f/~ November 29, 2012 / ~{ MEMORANDUM SUBJECT: Agenda item for the December 12, 2012 Commission meeting; Mass Transit Connectivity Please place on the Commission meeting agenda a discussion to revisit the absolute necessity for Mass Transit Connectivity from the mainland to Miami Beach. Please contact my office at ext. 7106 if you have any questions. JL/er \i\le ore ccmmilfed lo excellcml lo dl who live, work, and ploy in ou1 vi Agenda Item Date 12:/l.-12.,. 791 THIS PAGE INTENTIONALLY LEFT BLANK 792 IBE OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Kathie Brooks, Interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Commissioner November 30, 2012 Agenda item: Water Bill MEMORANDUM Please place a discussion item on the December 12, 2012 Commission Meeting Agenda regarding the creation of procedures to provide a 24 to 48 hour notification to homeowners prior to water being shut off due to non-payment. 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, Agenda Item Date IZ,-/2-12.. 793 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager FROM: Ed Tobin, Commissioner DATE: November 29, 2012 SUBJECT: Agenda item for December 121h City Commission Meeting Please place on the December 12, 2012 Commission Meeting Agenda a discussion regarding providing 24-48 hour notice to single family home residents regarding water shut off for non payment. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk V\/c ,;nd 794 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager FROM: Ed Tobin, Commissioner DATE: November 29, 2012 SUBJECT: Agenda item for December 1ih City Commission Meeting Please place on the December 12, 2012 Commission Meeting Agenda a discussion regarding seawall along historic Collins Canal and employee accountability If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk V\lc-, \ 'fwmlted our Agenda Item ~ q Date IJ. ~/)=-12. 795 THIS PAGE INTENTIONALLY LEFT BLANK 796 !BE OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Kathie Brooks, Interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Commissioner November 30, 2012 Agenda item: License Plates MEMORANDUM Please place a discussion item on the December 12, 2012 Commission Meeting Agenda regarding the Florida Statues regarding License Plates. (as attached) 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 797 e:rd Agenda Item R9 K Date P---12 .. 1'2- Statutes & Constitution :View Statutes: Online Sunshine Select Year: 12012:.!] Chapter 316 Title XXIII MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.605 licensing of vehicles.- Page 1 of2 View Entire Chapter (1) Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this shall be licensed in the name of the owner thereof in accordance with the laws of this state unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. 320.0706 for front-end registration license plates on truck tractors and s. 320.086(5) which exempts display of license plates on described former military vehicles, display the license plate or both of the license plates assigned to it by the state, one on the rear and, if two, the other on the front of the vehicle, each to be securely fastened to the vehicle outside the main body of the vehicle not higher than 60 inches and not lower than 12 inches from the ground and no more than 24 inches to the left or right of the centerline of the vehicle, and in such manner as to prevent the plates from swinging, and all letters, numerals, printing, writing, and other identification marks upon the plates regarding the word "Florida," the registration decal, and the alphanumeric designation shall be clear and distinct and free from defacement, mutilation, grease, and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. Except as provided in s. 316.2085(3), vehicle license plates shall be affixed and displayed in such a manner that the letters and numerals shall be read from left to right parallel to the ground. No vehicle license plate may be displayed in an inverted or reversed position or in such a manner that the letters and numbers and their proper sequence are not readily identifiable. Nothing shall be placed upon the face of a Florida plate except as permitted by law or by rule or regulation of a governmental agency. No license plates other than those furnished by the state shall be used. However, if the vehicle is not required to be licensed in this state, the license plates on such vehicle issued by another by a territory, possession, or district of the United States, or by a foreign country, substantially complying with the provisions hereof, shall be considered as complying with this chapter. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (2) Any commercial motor vehicle, as defined ins. 316.003(66), operating over the highways of this state with an expired registration, with no registration from this or any other jurisdiction, or with no registration under the applicable provisions of chapter 320 shall be in violation of s. 320.07(3) and shall subject the owner or operator of such vehicle to the penalty provided. in addition, a commercial motor vehicle found in violation of this section may be detained by any law enforcement officer until the owner or operator produces evidence that the vehicle has been properly registered and that any applicable delinquent penalties have been paid. History.-s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 78-55; s. 6, ch. 84-260; s. 58, ch. 85-180; s. 10, ch. 86-243; s. 19, ch. 87 -198; s. 26, ch. 91-221; s. 239, ch. 99-248; s. 2, ch. 2005-47; s. 39, ch. 2005-164; s. 18, ch. 2007-196; s. 10, ch. 2010-223. http://www .leg. state. fl. us/statutes/index.cfm? App mode= Display_ Statute& Search_ String... 11/3 0/2012 798 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of2 Note.-Formers. 316.284. http:/ /www.leg.state.:fl. us/statutes/index.cfm? App mode=Display _ Statute&Search _String... 11/3 0/2012 799 THIS PAGE INTENTIONALLY LEFT BLANK 800 lt\ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, City Manager FROM: Michael Gongora, Commissione DATE: December 5, 2012 SUBJECT: Discussion Item Commission Meeting Please place on the December Commission meeting agenda a discussion item involving sudden ticketing of vehicles with license plate covers. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 801 Agenda Item Rq L Date 12-12-{2- THIS PAGE INTENTIONALLY LEFT BLANK 802 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem!fe'r~ of the City Commission / f t FROM: Jose Smith, City ~ttorney I DATE: December 12, 20 .......... ···· '""' SUBJECT: City Attorney's Stat LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. JPMorgan Chase Bank, N.A. vs. Francisco A. Loureda et al.. Case No. 12-43070 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 8521 Grand Canal Drive, Miami, Florida. The Summons and Verified Complaint were served on the City on November 6, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on November 16, 2012. 2. L v. Cit of Miami Beach Case No. 14-44076 CA 23 (Circuit Court Judicial Circuit in and for Miami-Dade County, Florida) Former MBPD officer Agustin Latorre resigned in 2008 after he was found to be in possession of illegal drugs. He now alleges that his resignation was a contract with the City that it would not report his actions to the Criminal Justice Standards and Training Commission, (CJSTC) and that the City violated that agreement by doing so. After prevailing at the CJSTC (and thus keeping his police state certification), Plaintiff now sues the City in an action to rescind his "contract" and thus nullify his resignation. The City has been served and the City Attorney's Office will vigorously defend the suit. 3. The Estate of Hatuey Elizagarte v. City of Miami Beach and Miami -Dade Count~ Unsafe Structures Board Case No. 12-194444 CC05 (Circuit Court-11t Judicial Circuit in and for Miami-Dade County, Florida) This case appears to be one for injunctive relief against both the City of Miami Beach and the Miami-Dade County Unsafe Structures Board for a demolition order entered by that Board on May 21, 2012 for the structure located on1779 Marseille Drive. The County has filed a motion to dismiss. The City will be filing a similar motion to dismiss, as this case was recently served on the City. 804 Agenda Item RIO~ Date 1Zd2 -1'2... City Attorney's Report December 12, 2012 Page2 4. C N.A. vs. Rene C. Ma audon et al. Case No. 12-44941 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 1764 Cleveland Road, Miami Beach, Florida. The Summons and Complaint were served on the City on November 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 will be timely filed. 5. Nationstar Mort a C vs. Maria Castadena et aL Case No. 12-44982 CA 13 (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 1550 NE 1914 Street, Unit 302, North Miami Beach, Florida. The Summons and Verified Complaint were served on the City on November 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 will be timely filed. 6. Alba P each, Case No. 12-40922 CA 31 (Circuit Court- 11 Judicial Circuit in and for Miami Dade County). The City was served with this complaint on November 21, 2012 alleging that on December 3, 2009 (the complaint states December 3rd 20009 while the Fire rescue report indicates the date of accident as December 8, 20009), the plaintiff, Alba Pagliari, while walking on the sidewalk (Fire rescue report says it occurred at or near a fountain wherein the plaintiff slipped on a curb and fell onto a grassy median) at 71st Street and Normandy Drive on Rue Vendome Drive fell when she tripped over a concrete block which allegedly protruded up from the rest of the blocks in said sidewalk and as a result allegedly caused fracture of her right shoulder and injury and abrasions to her right knee. We shall file our response and propound discovery to the plaintiff. 7. The on vs. · uez et aL Case No. 12-45186 CA 24 (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 4293 NE 10 Ct, Homestead, Florida. The Summons and Verified Complaint were served on the City on November 26, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes will be timely filed. 805 City Attorney's Report December 12, 2012 Page3 JS:Ir 8. This is an action to foreclose a mortgage on real property located at 1 00 Lincoln Road, Unit 810, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on November 26, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes will be timely filed. 9. US Bank National Association vs. Carmen Adelfa Fernandez, et al., Case No. 12-45310 CA 20 (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 7701 SW 132 Court, Miami, Florida. The Summons and Verified Complaint were served on the City on November 26, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes will be timely filed. F:\ATTO\AAOFF\AAOFF\FILE.#S\Status report CAO 121212.doc 806 THIS PAGE INTENTIONALLY LEFT BLANK 807 R10-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, December 12, 2012, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. 808 THIS PAGE INTENTIONALLY LEFT BLANK 809 -CD 3 tA Reports and Informational Items (see LTC No. 314-2012) 811 THIS PAGE INTENTIONALLY LEFT BLANK 812