20130116 BMMIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 16, 2013
Mayor Matti Herrera Bower
Vice-Mayor Michael G6ngora
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: Jn order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date, which will only be held if needed.
In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting
without reaching all agenda items,
Call to Order-9:00 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals and Deferrals
The City Commission will recess for lunch at approximately 1:00 p.m.
Presentations and Awards Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Agenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business & Commission Requests
C4 Commission Committee Assignments R 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 five, work, and play in our vibrant, tropical, historic community.
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Commission Agenda, January 16, 2013
Presentations and Awards
PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of
The Month For November And December 2012.
(Requested by Commissioner Jorge R. Exposito)
PA2 Certificate Of Recognition To Be Presented To Rachel Umlas, For Her Service During Her
Tenure In The Community Development Advisory Committee.
(Requested by Commissioner Jorge R. Exposito)
PA3 Certificates Of Recognition To Be Presented For The Successful Production Of Art Basel 2012.
(Requested by Commissioner Jerry Ubbin)
PA4 Certificates Of Recognition To Be Presented To The Principal, Vice Principals And Teachers Of
North Beach Elementary In Miami Beach.
(Requested By Vice-Mayor Michael Gongora)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 ~ Competitive Bid Reports
C2A Request For Approval To Authorize The Issuance Of A Request For Proposals (RFP) For Audit
Services For An Audit Of The City's Capital Improvement Projects Administered By The City's
Capital Improvement Projects Office And Other City Departments.
(Budget & Performance Improvement)
C2B Request For Approval To Authorize The Issuance Of A Request For Proposals (RFP) For
Emergency Management Administrative Support Services.
(Budget & Performance Improvement)
C2C Request For Approval To Award Contracts To A Quick Board Up Service As Primary Vendor And
To Sanchez Arango Construction As Secondary Vendor Pursuant To Invitation To Bid {ITS) No.
63-11/12 For Emergency Board Up And Securing Services, In The Estimated Annual Amount Of
$60,000.
(Building/Procurement)
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Commission Agenda, January 16, 2013
C2 -Competitive Bid Reports (Continued)
C2D Request For Approval To Award Contracts To W.W. Grainger, Inc. And To Aaron Industrial
Safety, Pursuant To Invitation To Bid (ITB) No. 43-11/12, For Purchase And Delivery Of Safety
Supplies, In The Estimated Annual Amount Of $93,000.
(Citywide/Procurement)
C2E Request For Approval To Award Contracts To G7 Holdings, Inc. D/B/A Garbageman.com As
Primary Vendor, And Austin Tupler Trucking, Inc. As Secondary Vendor, Pursuant To Invitation
To Bid (ITB) No. 3-12/13, For Removal And Disposal Of Construction Debris And Asphalt, In The
Annual Estimated Total Amount Of $133,960.
(Public Works/Procurement}
C2F Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 07-12/13, For The
City Of Miami Beach Bayfront Street End Improvement Project For 1Oth Street, Authorizing The
Mayor And City Clerk To Execute An Agreement With Ebsary Foundation Co., In The Amount Of
$123,450.00, For The Construction Of The Project, Plus Approve A Project Contingency Of 10%
For A Grand Total Of $1,357,900.00 (Subject To Commission Approval Of The First Amendment
To The Capital Budget); Further Authorizing The Administration To Engage In Value Engineering
To Further Reduce The Cost And Time For Completion Of Said Project.
(Public Works/Procurement)
(Memorandum to be Submitted in Supplemental)
C4 -Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee-Discussion Regarding The Jewish
Community Center's Request For Reimbursement, In The Amount Of $241,000, For Costs
Associated With Reconstructing The Seawall Along The City-Owned Property Located At 4221
Pine Tree Drive.
{Real Estate, Housing & Community Development)
C4B Referral To The Finance And Citywide Projects Committee-Discussion Of A Lease Amendment
With Damian J. Gallo & Associates (D/B/A Permit Doctor).
(Real Estate, Housing & Community Development)
C4C Referral To The Sustainability Committee, To Discuss The City Of Miami Beach's Participation In
Earth Hour To Be Held On March 23, 2013.
(Requested by Vice-Mayor Michael Gongora}
C4D Referral To The Neighborhood/Community Affairs Committee Of A Proposed Public Art Project
For Placement In South Pointe Park Pier.
(City Manager's Office)
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Commission Agenda, January 16, 2013
C4 -Commission Committee Assignments {Continued)
C4E Referral To The Finance And Citywide Projects Committee-Discussion Regarding lNG Marathon
Use Of The Miami Beach Convention Center.
(Requested by Commissioner Deede Weithorn & Vice-Mayor Michael Gongora)
C4F Referral To The Neighborhood/Community Affairs Committee -Discuss Creating A Municipal
Youth Council On Miami Beach.
(Requested by Commissioner Edward L Tobin)
C4G Referral To The Neighborhood/Community Affairs Committee -Discuss An Update On Upper
North Bay Road Drainage Project.
(Requested by Commissioner Edward L. Tobin)
C4H Referral To The Finance And Citywide Projects Committee -Discuss Timely Publication And
Distribution Of Agendas For The City's Boards And Committees, Particularly The Committees Of
The City Commission And The City's Land Use Boards.
(Requested by Commissioner Deede Weithorn)
C41 Referral To The Land Use And Development Committee -Discussion Concerning A Proposed
Amendment Of The Charter To Prohibit The Involuntary Designation Of Single-Family
Residences As Individual Historic Sites, Hereinafter Referred To As The Miami Beach
Homeowner Protection Act.
(Requested by Commissioner Jonah Wolfson)
C4J Referral To Finance And Citywide Projects Committee A Discussion Regarding Upgrade To
Municipal Parking Garage Gated Revenue Control System.
{Parking Department)
C4K Referral To The Neighborhood/Community Affairs Committee -Discussion To Review And
Consider Modification To The Military Veterans Vendor Preference Ordinance No. 2011-3748.
(Requested by Commissioner Jerry Libbin)
C4L Referral To The Neighborhood/Community Affairs Committee -Discussion To Review And
Consider Modification To The Local Vendor Preference Ordinance No. 2011-3747.
(Requested by Commissioner Jerry Libbin)
C4M Referral To The Finance And Citywide Projects Committee A Discussion Directing The
Administration To Give The Commission An Analysis Of All City Personnel Receiving Planning
Day Pay And/Or Executive Work Days Pay, Details About Its Genesis, Aggregate Cost To The
City, Intended Purpose, And History.
(Requested by Commissioner Jerry Libbin)
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Commission Agenda, January 16, 2013
C4 -Commission Committee Assignments (Continued)
C4N Referral To The Neighborhood/Community Affairs Committee -Discuss The Illegal Vendors,
Including Illegal Tobacco Vendors In Miami Beach.
(Requested by Vice-Mayor Michael Gongora)
C6 -Commission Committee Reports
C6A Report Of The Neighborhood/Community Affairs Committee Meeting Of December 17, 2012: 1)
Discussion Regarding A Request Related A Plaque Being Placed At City Hallin Honor Of Rose
Weiss, As The Rose Weiss Park Is Now Known As The Washington Park & Community Garden.
2) Discussion Regarding Amending The City Code To Provide For Alternative Enforcement
Means And Establish A Fixed Fine Schedule For Certain Provisions. 3) Discussion Regarding
Enhancing The Entrances Of The Beach Walk. 4) Discuss Naming 8th Street After Tony
Goldman. 5) Discussion Regarding Criteria For Calling Special Meetings Of The City
Commission. 6) Discussion Regarding A Resolution Urging The Florida Legislature To Exempt
From Public Records Disclosure Absentee Ballot Requests And Personal Information Included
On Such Requests. 7) Discussion Regarding Traffic Flow On 151 Street, In The Area East Of Alton
Road And West Of Washington Avenue. 8) Discussion Regarding Bringing V-Day To Miami
Beach. 9) Discussion Regarding A Potential Signage Program Establishing Miami Beach As A
Hate Free Zone. Addendum: 1) Discussion Regarding The Need For Attended Bathrooms In
The City Of Miami Beach. 2) Discuss An Update On The Citywide Dunes Maintenance Plan.
C6B Report Of The Land Use And Development Committee Of December 19, 2012: 1) Alton Road
Districts: a) Proposed Alton Road Historic District Buffer Overlay. b} Proposed Parking District #6
For The Alton Road Corridor. 2} Parking Ordinances And Parking Discussion Items: a)
Discussion On The Parking Requirement And How We Can lncentivize For Good Hotel
Development. b) Sunset Harbour Parking District 5; Discussion Of A Residential Parking
Reduction For Mixed-Use And Adaptive!y Re-Used Buildings. c) Discussion Regarding Hotels In
Residential Neighborhoods And Parking Requirements. d) Proposed Ordinance: Revisions To
Requirements For The Use Of Mechanical Parking Systems. 3) Discussion Regarding Changing
The Permitted Uses In A CD-2 District To Allow For Self Storage. 4) Reduced Parking Rates For
Hotel Employees. 5) Discussion Of The Miami Beach Current City Code Chapter 6-4 {3) Relating
To Alcoholic Beverage Sales That Requires A 300 Foot Distance Between liquor Stores And Ask
That The City Look Into Adopting The County Requirement Of 1500 Feet. 6) Review Of Miami
Beach Land Use Boards To Improve The City Of Miami Beach Building And Planning Department
Processes: a) Minimum Unit Sizes For Historic Hotels & RM-2 Tower Setbacks. b) RM-3
Accessory Use Signage. c) Pool Setbacks And Mechanical Equipment Setback Encroachments.
7) Discussion Of RFP For Tennis Maintenance And Bifurcating Maintenance And Operations. 8)
Discussion Regarding Miami Beach United Resolutions To Address The Issue Of Compatibility Of
Certain Uses In Proximity To Residential Uses, To Create Safeguards While Still Allowing For
Flexibility Of Development. 9) Discussion Concerning The Miami Beach Human Rights
Committee Resolution Regarding The Posting Of Public Notices. 10) Discussion Regarding Food
Trucks On Private Property. 11) Discussion Regarding The Status Of The Second Hand Store
Ordinance.
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Commission Agenda, January 16, 2013
C6 ~ Commission Committee Reports (Continued)
C6C Report Of The Finance And Citywide Projects Committee Of December 20, 2012: 1) Discussion
Regarding A Proposed Marketing Program For Sunscreen And An Update On Other Potential
Marketing Partnerships. 2) Discussion Regarding The Motions Made By The Quality Of Education
Committee During Their September Meeting. 3) Discussion Concerning The Lease For The
Miami-Dade Gay And Lesbian Chamber Of Commerce Foundation Located At Historic City Hall
At 1130 Washington Avenue. 4) Discussion Regarding To Consider A Request For Rent Relief
From Penn 17, LLC., Regarding The Retail Space At The Pennsylvania Avenue Parking Garage.
5) 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. 6} 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. 7) Discussion Of The Current
Management And Operations Of The City Of Miami Beach Golf Courses, Clubhouses And
Related Facilities And Options/Direction For The Future Management Agreement.
C7 -Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or Her Designee To A Submit Grant
Application To: 1) The National Endowment For The Arts FY 2013 Our Town Program, For
Funding In The Amount Of $25,000 For The Initial Planning Analysis For Artist Live/Work Space
On Miami Beach; 2) Miami-Dade Metropolitan Planning Organization (MPO), Call For Ideas
Program For Funding In The Approximate Amount Of $250,000 For A Pre-Feasibility Study
Related To Mass Transit Connectivity, And, 3) Retroactively, In The Approximate Amount Of
$65,212 To Miami-Dade County Homeless Trust in Response To The Request For Applications
For Inclusion In The Application To Be Submitted By The Miami-Dade County Continuum Of Care
For The 2012 US HUD Notice Of Funding Availability (NOFA) For The Continuum Of Care
Program Competition, For Funding For The City's Homeless Outreach Program; Appropriating
The Above Grants If Approved And Accepted By The City, And Authorizing The Execution Of All
Documents Related To These Applications.
(Budget & Performance Improvement)
C7B A Resolution Authorizing The Mayor And City Clerk To Execute Amendment Number 4 To The
Professional Services Agreement With Atkins North America, Inc. For Supplemental Construction
Administration Services, For A Period Of Up To Twelve (12} Months, For The South Pointe Park
Pier Project; In The Negotiated Lump Sum Amount Of $266,472 And An Additional Amount Of
$34,380 For Reimbursable Expenses, For A Total Amount Of $300,852; With Previously
Appropriated Funding In The Amount Of $300,852 From Fund 389, South Pointe Capital Fund.
(Capital Improvement Projects)
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Commission Agenda, January 16, 2013
C7 -Resolutions (Continued)
C7C A Resolution Authorizing By 5/7th Vote, The Waiver Of Competitive Bidding, Finding Such Waiver
To Be In The Best Interest Of The City, And Authorizing The Mayor And City Clerk To Execute An
Amendment To The Contract Between The City Of Miami Beach And Frederick M. Keroff, M.D.,
Dated October 1, 2005, For Medical Director Of The City Of Miami Beach's Emergency Medica!
Services (EMS), In The Annual Amount Of $47,207; Said Amendments Approving The Renewal
Option Of The Contract, And Further Amending Section 1 Thereof (TERMS} To Allow
Subsequent Renewal By The City Manager.
(Fire Department)
C7D A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Proposals (RFP) No. 62-11112, To Install And Maintain
An Externally Web Hosted Software For Parks And Recreation; Authorizing The Administration
To Enter Into Negotiations With The Second-Ranked Proposer: Capturepoint.com; And Should
The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked
Proposer, Authorizing Negotiations With The Top-Ranked Proposer, The Active Network; And
Should The Administration Not Be Successful In Negotiating An Agreement With The Top-
Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, Vermont Systems,
Inc.; Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion
Of Successful Negotiations By The Administration.
(Parks & Recreation/Procurement)
C7E A Resolution Adopting And Appropriating The First Amendment To The Police Confiscation Trust
Budget For Fiscal Year 2012/2013 In The Amount Of $130,000, To Be Funded From The
Proceeds Of Federal-Justice Confiscated Funds In The Amount Of $130,000, For The
Appropriation And Expenditure Of Those Items Set Forth In Exhibit "A," Which Shall Be Funded
Through The Police Confiscation Trust Fund.
(Police Department)
C7F A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee Changing The Mayor's Blue Ribbon Bikeways Committee To A Permanent
Committee, Entitled Bicycle-Pedestrian Facilities Advisory Committee.
(Public Works)
C7G A Resolution Accepting A Utility Easement From And Vacating A Portion Of A Utility Easement
To WilHam Goldsmith, Owner Of The Property Located At lot 9 Of Block 2H Of The Third
Revised Plat Of Sunset Islands, For The Construction, Installation, Maintenance, Repair, And
Replacement Of Stormwater Piping.
(Public Works)
C7H A Resolution Approving And Authorizing The City Manager To Issue A Certification Of
Consistency With The City's FY 2008-2012 Consolidated Plan To Douglas Gardens Community
Mental Health Center Of Miami Beach, Inc. For Its Starting Again Project; Further Authorizing The
City Manager To Execute Any Subsequent Certifications Of Consistency With The City's
Consolidated Plan For Renewal Applications Of Funding For The Aforesaid Project.
(Real Estate, Housing & Community Development)
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Commission Agenda, January 16, 2013
C7 -Resolutions (Continued)
C71 A Resolution Setting A Public Hearing, Pursuant To Section 118-262 Of The City Code, For An
Appeal Filed By W. Tucker Gibbs, P.A., On Behalf Of Sunset Islands 3 And 4 Property Owners,
Inc. And Olga Lens, Of The Design Review Board's Order Relative To DRS File No. 22889 For
1201-1237 20th Street, Palau At Sunset Harbor, And Setting Said Public Hearing For The City
Commission Meeting Of March 13, 2013.
(Planning Department)
C7J A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For
Proposals {RFP) No. 68-11/12, For Electric Fireworks And Pyrotecnics For The City's Fourth Of
July Celebration; Authorizing The Administration To Enter Into Negotiations With The Sole
Proposer Zambelli Fireworks; Further Authorizing The Mayor And City Clerk To Execute An
Agreement Upon Conclusion Of Successful Negotiations By The Administration.
(Tourism & Cultural Development/Procurement)
C7K A Resolution Creating The Mayor's Ad Hoc Committee To Plan The 2013 Sustainable &
Authentic Florida Conference And Prescribing The Duties, Manner Of Appointment, And The
Terms Of Office Of Committee Members.
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: City Attorney's Office)
C7L A Resolution Adopting The First Amendment To The Capital Budget For Fiscal Year 2012/13.
(Public Works)
End of Consent Agenda
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Commission Agenda, January 16, 2013
REGULAR AGENDA
R5 -Ordinances
R5A 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 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,
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; 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 December 12, 2012-Option B Version)
R58 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)
(Deferred from December 12, 2012)
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Commission Agenda, January 16, 2013
RS -Ordinances (Continued}
R5C 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 PFwHD, "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 December 12, 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 ''N 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)
(Continued from December 12, 2012)
R5D Second Hands Goods Stores -Precious Metals
An Ordinance Amending The City Code, By Deleting Chapter 18, "Businesses", Article XII,
"Secondhand Goods", Division 3, "Pawnshops"; And Division 4, "Secondhand Dealers"; And By
Amending Chapter 102, "Taxation", Article V, "Local Business Tax", Section 102-356,
"Construction Of Article; Definitions": In Order To Conform City Code Provisions On Pawnshops
And Secondhand Goods With Applicable Florida Statutes; And By Amending Chapter 142,
"Zoning Districts And Regulations," Article II "District Regulations," Division 4 "CD-1 Commercial,
Low Intensity District," Section 142-273, "Conditional Uses" And Division 5 "CD-2 Commercial,
Medium Intensity District," Section 142-303 "Conditional Uses" By Including Second Hand
Dealers Of Precious Metals As A Conditional Use In The CD-1 And CD-2 Zoning Districts; And
Division 6, "CD-3 Commercial, High Intensity District," Section 142-335 "Prohibited Uses" And
Division 18 "PS Performance Standard District," Section 142-693{c) "Permitted Uses," By
Including Second Hand Dealers Of Precious Metals As Prohibited Uses In The CD-3 And PS
Districts, Providing For Repealer, Severability, Codification And An Effective Date. First Reading
(Requested by Vice-Mayor Michael Gongora)
(Legislative Tracking: Planning Department)
R5E Hotel Parking Requirements
A Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
130 "Off-Street Parking," Article II, "Districts; Requirements," By Amending The Off-Street Parking
Requirements For Hotels In All Districts; Providing For Repealer, Severability, Codification And
An Effective Date. First Reading
(Requested by Land Use & Development Committee)
(Legislative Tracking: Planning Department)
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Commission Agenda, January 16, 2013
R5 • Ordinances (Continued)
R5F An Ordinance Amending Chapter 102 Of The Miami Beach City Code, Entitled "Taxation," By
Creating Section 102-2, To Be Entitled "Homestead Exemption For Low-Income Senior Citizens
Who Are Long-Term Residents"; Providing For An Additional Homestead Exemption For Certain
Low-Income Qualifying Senior Citizens Who Are Long-Term Residents To Be Applied To Millage
Rates Levied By The City Of Miami Beach; Requiring Delivery Of Ordinance To The Miami-Dade
County Property Appraiser; Providing For Repealer, Severability, Codification, An Effective Date,
And Requiring A Majority Plus One Vote Of The Members Of The City Commission.
First Reading
(Requested by Matti Herrera Bower)
(Legislative Tracking: Finance Department)
R7 -Resolutions
R7 A Lease Agreements With State Representative David Richardson & Commissioner Bruno Barreiro
1. A Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding
Such Waiver To Be In The Best Interest Of The City, And Approving A Lease Agreement
With State Representative David Richardson To Temporarily Lease Suite 402B, Located
At 1701 Meridian Avenue, Miami Beach, Florida, Containing 149 Square Feet Of Office
Space, Until Such Time As Suite 402A, Containing 541 Square Feet Of Office Space
Becomes Available, For An Initial Term Of Two Years Retroactively Commencing On
December 20, 2012, And Expiring November 30, 2014, With Three (3) Extension Options
For A Period Of Two (2) Years Each; And Further Authorizing The Mayor And City Clerk
To Execute The Agreement Subject To Final Review By The City Manager And Form
Approval By The City Attorney. 2:15p.m. Public Hearing
2. A Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding
Such Waiver To Be In The Best Interest Of The City, And Approving A Lease Agreement
With Commissioner Bruno Barreiro And/Or The Miami-Dade Board Of County
Commissioners To Lease 412 Square Feet Of Ground Floor Office Space Located At
1700 Convention Center Drive, Miami Beach, Florida, For An Initial Term Of Forty Six (46)
Months Commencing On February 1, 2013, And Expiring November 30, 2016, With One
{1) Extension Option For A Period Of Four (4) Years; And Further Authorizing The Mayor
And City Clerk To Execute The Agreement Subject To Final Review By The City Manager
And Form Approval By The City Attorney. 2:15p.m. Public Hearing
(Real Estate, Housing & Community Development)
R7B A Resolution Accepting The Recommendations Of The Historic Preservation Board, And 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). 10:50 a.m. Public Hearing
(Capital Improvement Projects)
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Commission Agenda, January 16, 2013
R7 ~ Resolutions (Continued)
R7C A Resolution 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 10:55 a.m. Public Hearing
(Capital Improvement Projects)
R7D A Resolution Approving And Officially Adopting The Basis Of Design Report (BOOR) For The
Collins Park Garage Project (The Project).
(Capital Improvement Projects)
R7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Guaranteed
Maximum Price (GMP) Amendment No. 1, To The Pre-Construction Services Agreement With
Thornton Construction Company, Inc., For The Construction Of The 6th And 53rd Street
Restrooms Project, In The Amount Of $1,225,197, Plus An Owner's Project Contingency Of
$110,268, For A Total Of $1 ,335,465; With Previously Appropriated Funding In The Amount Of
$568,439 From SP Post RDA COT And Municipal Resort Tax Fund 388, $101,172 From SB
Quality Of Life Resort Tax Fund 305, $665,854 From Capital Projects Not Financed By Bonds
Fund 301.
(Capital Improvement Projects)
R7F 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)
(Deferred from December 12, 2012)
R7G A Resolution Approving The City's State Legislative Agenda For The 2013 Session Of The
Florida Legislature.
(City Manager's Office)
R?H A Resolution Urging The United States Congress To Ban The Sale And Possession Of Semi-
Automatic And Assault Weapons And High Capacity Ammunition Devices And Magazines And To
Close The "Gun Show Loophole" Nationwide; Urging The Florida Legislature To Act Statewide To
Require Private Sales Of Firearms To Include A Mandatory Background Check Of A Purchaser
Of A Firearm Regardless Of Whether The Firearm Vendor Is Licensed Or Non-Licensed Pursuant
To Federal Or State Law; And Giving Direction To The City Manager With Regard To The
Enforcement Of Gun Laws Within The City.
(Requested by Vice-Mayor Michael Gongora)
(Legislative Tracking: City Attorney's Office}
R71 A Resolution Establishing, Pursuant To City Charter Section 2.04, Procedures For Calling Special
Meetings Of The City Commission By A Majority Of The Members Of The City Commission.
(City Attorney's Office/Mayor Matti Herrera Bower)
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Commission Agenda, January 16, 2013
R7 M Resolutions (Continued}
R7J A Resolution Approving An Increase To The Owner's Contingency For The Right-Of~Way
Infrastructure Improvement Program, Neighborhood No. 8E Bayshore, Sunset Islands I & II
Project, In The Amount Of $696,285, For The Additional Work Related To Construction Of
Permanent Street Lighting System In Sunset Island I, Suitable And Unsuitable Fill Material
Overruns, Outfall Reconstruction And Upsizing, Sanitary Sewer Pipe Lining, And Driveway
Harmonization As A Result Of Unforseen Conditions And Improvements With Previously
Appropriated Funding In The Amount $73,292 From Fund 304-Capital Reserve, $34,017 From
Fund 424 -Water & Sewer Bonds 2000 Series, $491,550 From Fund 431 -Storm Water Bonds
2011, And $97,426 From Fund 427 -Storm Water Enterprise Fund, For A Grand Total Of
$696,285.
(Capital Improvement Projects)
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 The Committee Of The Whole Will Meet During Lunch Recess Of The January 16, 2013 City
Commission Meeting At The City Manager's Office Large Conference Room To Discuss External
Audit Reports For FY 2010/11 And Internal Audit Status Report For FY 2011/12.
(Budget & Performance Improvement)
R9D The Committee Of The Whole Will Meet During Lunch Recess Of The January 16, 2013 City
Commission Meeting At The City Manager's Office Large Conference Room To Discuss The City
Attorney's Performance Evaluation.
(City Attorney's Office}
R9E The Committee Of The Whole Will Meet During Lunch Recess Of The January 16, 2013 City
Commission Meeting At The City Manager's Office Large Conference Room To Discuss The City
Manager Recruitment.
{City Clerk's Office)
R9F Discussion On The Schedule For The Selection Process Of The New City Manager.
(Requested by Commissioner Oeede Weithorn)
13
13
Commission Agenda, January 16, 2013
R9 ~ New Business and Commission Requests (Continued)
R9G Discussion On The Use Of Electricity By Sidewalk Cafes.
(Requested by Commissioner Deede Weithorn)
R9H Discussion Regarding A Request For Reconsideration Of "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 Onto Phase II Of The MBCC
RFQ No. 22-11/22; And Authorizing The City Manager To Negotiate Letters Of Intent (LOI's) With
The ShortHsted Proposers," Approved, City Commission Meeting December 12, 2012.
(Requested by Commissioner Oeede Weithorn)
R91 Discussion Concerning The Potential Involuntary Designation Of A Single Family Residence
Located At 42 Star Island Drive As An Individual Historic Site By A Third Party.
(Requested by Commissioner Jonah Wolfson)
R9J Discussion On The Miami Beach Human Rights Committee Resolution 2012-002 Regarding FDA
Regulations For Blood Donation.
(Requested by Vice-Mayor Michael Gongora)
R9K Discussion Regarding A Community Gun Buy Back Program.
(Requested by Commissioner Jerry Ubbin)
R1 0 -City Attorney Reports
R 1 OA City Attorney's Status Report.
(City Attorney Office)
Reports and Informational Items
Reports and Informational Items {see LTC 008-2013)
End of Regular Agenda
14
14
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA
THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISS!ON ARE ESTABLISHED BY RESOLUTION. SCHEDULED
MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTY 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.
l. 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 5:30p.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.miamibeachf!.ggy 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.
11 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 .!l9Jater than noon on Monday of
the week prior to th_g 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 wifl 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, wrll 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 lS 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 coils 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
15
L
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) May22 {Wednesday)
June 5 (Wednesday)
July 17 Wednesday} July 24 Wednesday)
August .. City Commission in recess
September 1 1 {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
16
Lobbyist's Name
CITY CLERK'S OFFICE
LOBBYIST LIST
January 16, 2013 Commission Meeting
Retained by Principal Date Registered
R5C Miami Heart Institute FLUM Change and Zoning Map Changes
Lucia Dougherty Lionheart Capital, LLC-Elliot 01/31/2012
Alfredo Gonzalez Lionheart Capital, LLC 04/24/2012
Neisen Kasdin 4701 North Meridian LLC 03/02/2012
R5E Hotel Parking Requirements
Todd Tragash Sandy Lane Development, LLC 02/10/2011
Amount
Disclosed
$700 per hour
$450 per hour
$605 per hour
$175 per hour
R7B Grant Certificate of Appropriateness for Demolition at 340 23ra Street {Collins Park Garage)
R7C Grant Waiver for Collins Park Garage Project
R7D Adopt BOOR for Collins Park Garage Project
Matthew Amster CG Sunny Isles, LLC 07/11/2012 $325 per hour
Kobi Karp CG Sunny Isles, LLC 7/11/2012 $400 per hour
Michael Larkin CG Sunny Isles, LLC 07/11/2012 $445 per hour
Jennifer McConney CG Sunny Isles, LLC 07/11/2012 $200 per hour
R9H Approve Top Two Teams of Portman & So Beach ACE-Convention Center RFQ 22-11/12
Paul Diamond Robert S. Wennett/Tishman Realty 10/23/2012 No compensation
Lucia Dougherty Portman Holdings/CMC Group 04/05/2012 $700 per hour
Alfredo Gonzalez Portman Holdings/CMC Group 04/05/2012 $450 per hour
Robert Goodman Portman/CMC 07/06/2012 $3,000 per month
Alexander Heckler Jonathan Kurry-Turn berry Lincoln 04/30/2012 $300/400 per hour
Marcelo Llorente Philip Goldfar/Fountainebleau 12/05/2011 $250/500 per hour
Wayne Pathman CConnectMB 06/03/2012 $450 per hour
David Sacks CConnectMB 06/03/2012 $375 per hour
Dan Tishman Robert S. Wennett 12/02/2013 Not applicable
John Vickers Robert S. Wennett 12/02/2013 Not applicable
F:\CLER\COMMON\2013\01162013\LOBBYIST LIST.Docx
17
PA
PRESENTATIONS
AND
AWARDS
"tJ
)>
Presentations and Awards
PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's
Officer Of The Month For November And December 2012.
(Requested by Commissioner Jorge R. Exposito)
PA2 Certificate Of Recognition To Be Presented To Rachel Umlas, For Her Service During
Her Tenure In The Community Development Advisory Committee.
(Requested by Commissioner Jorge R. Exposito)
PA3 Certificates Of Recognition To Be Presented For The Successful Production Of Art
Basel2012.
(Requested by Commissioner Jerry Ubbin)
PA4 Certificates Of Recognition To Be Presented To The Principal, Vice Principals And
Teachers Of North Beach Elementary In Miami Beach.
(Requested By Vice-Mayor Michael Gongora)
19
Agenda Item PA 1-'I
Date 1-10~13
THIS PAGE INTENTIONALLY LEFT BLANK
20
C2
COMPETITIVE BID REPORTS
COMMISSION ITEM SUMMARY
Condensed Title:
Request for Approval to Issue a Request For Proposal (RFP) For Audit Services For the City's
Capital Improvement Projects Administered By The City's Capital Improvement Project Office
and Other City Departments
Key Intended Outcome Supported:
Improve the City's overall financial health and maintain overall bond rating.
Supporting Data (Surveys, Environmental Scan~ etc.): N/A
Item Summary/Recommendation:
The City of Miami Beach (the City) would like to soHcit responses from qualified firms to audit the
City's capital improvement projects as administered by the City's Capital Improvement Projects
Office and the other City Departments. The original engagement will be for a one time audit and
cover a review of a three year period from October 1, 2009 to September 30, 2012.
The City handles a significant amount of capital improvement projects. The majority are
administered under the City Capital Improvement Office. However, other departments such as
the Public Works Department (including the Property Management Division), the Parks and
Recreation Department, and the Convention Center also administer capital improvement projects
within the City.
It is the intent to audit the higher risk capital improvement projects (e.g. Construction projects) as
administered by the City.
THE ADMINISTRATION RECOMMENDS THE ISSUANCE OF THE RFP.
Advisory Board Recommendation;;.:.: ____________________ .
IN/A .. .=J
Financial Information:
Source of Amount
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary: .
City Clerk's Office Legislative Tracking: I Alex Denis, Ext 6641
Si n-Offs:
Department Director Assistant City Manager
MIAMI BEACH
22
Account
AGENDA ITEM
DATE
--
CJ./1
1-ll:r I 5
C9 MIAMI BEACH --=-
TO:
FROM:
DATE:
SUBJECT:
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WNW.miamibeachfl.gov
COMMISSION MEMORANDUM
Mayor Matti H. Bower and Members of the Ci:y Zom,sion
Kathie G. Brooks, Interim City Manager ;;tfi / ·
January 16, 2013
REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST
FOR PROPOSAL (RFP) FOR AUDIT SERVICES OF THE CITY'S CAPITAL
IMPROVEMENT PROJECTS ADMINISTERED BY THE CITY'S CAPITAL
IMPROVEMENT PROJECT OFFICE AND OTHER CITY DEPARTMENTS
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
ANALYSIS
The purpose of this one time audit is to examine the City's capital improvement projects as
administered by the Capital Improvement Projects Office and the other City Departments
between October 1, 2009 and September 30, 2012.
BACKGROUND
The City has a Capital Improvement Plan which specifies financing and construction and/or
acquisition for projects and priorities that require significant capital investment for a five year
period. This plan is updated annually and adopted by the City Commission. A capital
project is defined as capital or "in-kind" expenditures of $25,000 or more, resulting in the
acquisition, improvement, or addition to fixed assets in the form of land, buildings, or
improvements more or less permanent in character, and durable equipment with a life
expectancy of at least five years.
The City handles a significant amount of capital improvement projects. The majority are
administered under the City's Capital Improvement Projects (CIP} Office. However, other
departments such as the Public Works Department (including the Property Management
Division), the Parks and Recreation Department, and the Convention Center also administer
capital improvement projects within the City.
The City established the CIP Office in 2001 to serve as a focal point for the planning and
construction management activities associated with the extensive capital projects work being
funded by the authorized General Obligation, Water and Sewer, and Storm Water Bonds
funding at the time. The total value of the City's capital improvement program has grown
23
City Commission Memorandum -Auditing Services for Capital Projects RFP
January 16, 2013
Page2of5
from approximately $400 million to over $1.2-Billion, including about 300 completed projects.
The CIP Office is presently managing over 170 active projects through their project life cycle.
Although the CIP Office has been supported in the past by Program Manager firms (H&S
and URS), those services were gradually reduced and eventually phased out during Fiscal
Year 2008/09. With active projects valued at approximately $700M, the CIP Office will face
its biggest challenge, to advance the majority of these projects, including the recently
acquired Capital Renewal and Replacement projects, to completion within the next five
years.
CIP staff is composed of senior management, project managers with different levels of
experience and responsibility, financial managers, field inspectors, community information
coordinators and administrative personnel.
The projects that CIP is currently managing have agreements for design/build, Construction
Management at Risk, traditional invitations to bid, Job Order Contracting and others. In
addition, CIP has instituted a best value approach to procurement which allows the selection
of contractors and consultants based not only on the cost of the services but also on the
quality of the organization and their ability to perform the work effectively and efficiently.
Other City Departments also provide management of some specialized projects. For
example, the Public Works Department provides construction management for
environmental projects and some utility projects, while the Parks and Recreation Department
provides management of some landscaping projects.
SCOPE OF SERVICES
The proposed audit will focus primarily on the City's capital projects. It should cover the
review of the process the departments utilize to take a capital project from the beginning to
final completion. In addition, it should include a review of capital improvement projects
under the administration of the divisions within the Public Works Department. Internal
controls over these processes should be reviewed for adequacy and effectiveness. The
audit will cover a three year period from October 1, 2009 through September 30, 2012.
Audit procedures should include the following at a minimum:
1. Conduct entrance meetings with key department personnel to become familiar with
operations and implemented internal controls.
2. Review the designated computer system{s).
3. Perform a risk assessment of the capital improvement projects to determine the
City's higher areas of risk. Incorporate testing of these higher risk areas into the
audit program.
4. The Risk Assessment, Audit Program and Sample Size Methodology must be
approved by the City's Internal Audit Division.
5. Determine if policies and procedures exist, are sufficient and are being followed.
6. Review systems of internal controls and segregation of duties for adequacy.
7. Choose a representative sample of closed and open CIP projects during the audit
period of October 1, 2009 through September 30, 2012 and test for the following:
a. Verify that the appropriate bidding process took place and confirm that the
bidder was selected in accordance with City standards. If not, ensure proper
documentation exists in the file stating the reasons for the bidder's selection.
b. Obtain AlAs (Application of Payments) and ensure the progression of the AlA
trades and final billings for consistency. Tie the amounts paid to the
24
City Commission Memorandum-Auditing Services for Capital Projects RFP
January 16, 2013
Page3 of5
contractor to final contract amounts.
c. Confirm that the architectural signoff and lien waivers support invoices
received.
d. Trace funding from City Commission approved appropriations and
grant/project agreements to total project expenditures.
e. Verify that invoices were billed in accordance with the contract.
f. Review selected project funds for unauthorized transfers in and out.
g. Verify that any change orders were appropriate, supported by documentation
and approved in advance.
h. Determine that the appropriate building permits have been issued.
i. For closed projects, confirm that the certificate of occupancy has been
obtained.
j. Trace that tested transactions were correctly entered into the City's Financial
System.
8. The contractor is encouraged to perform electronic data analysis wherever possible
to try to determine the possible existence of any improprieties surrounding the
handling of CIP projects. Greater attention should be given to higher risk areas.
9. Any material findings noted during testing should be immediately reported to the CIP
Director and the City's Internal Auditor.
1 0. The contractor shall prepare an audit report and discuss findings and
recommendations with the relevant parties at the exit conference.
MINIMUM QUALIFICATIONS
The respondent must have experience during the past five years in providing accounting and
auditing services to local governments and in auditing their construction/capital projects. In
addition, the respondent must be independent from the City and its staff. Finally, the
respondent must be able to complete the designated assignment by September 30, 2013.
MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS
1. Respondent's Documentation
a. Respondent should list their experience in auditing construction/capital
projects for public agencies during the past five years.
b. Describe the respondent's (local office for national firms) experience in
providing accounting and auditing services to local governments during the
past five years.
c. List and describe any litigation filed against the respondent in the State of
Florida during the last five years. Also, list any terminations, suspensions,
censures, reprimands, probations or similar actions against the respondent
or any member of the respondent's firm by the Florida State Board of
Accountancy in the last five years.
d. The respondent will submit a notarized statement as to their independence
with regard to the City. Similarly, any future potential independence
concerns that may arise related to any sampled construction companies
should be reported immediately to the Internal Audit Division before any
testing is conducted.
e. List at least three (3) client references that may be contacted at the City's
discretion.
25
City Commission Memorandum -Auditing Services for Capital Projects RFP
January 16, 2013
Page 4 of5
2. Project Team Documentation:
Provide a listing of the personnel to be used on the project and their qualifications for
performing the desired work. A resume including education, experience, licenses
and any other pertinent information shall be included for each team member,
including subcontractors to be assigned to each project. These resumes should also
include the assigned partner, manager and the senior for this engagement. These
resumes should include any continuing education received in local governmental
auditing and construction/capital audit engagements.
3. Methodology and Approach:
Describe the respondent's approach to this audit engagement. This should include at
least the following:
• Explain the development of the audit program and the representative
sample.
• List the organization of the audit team and titles of team members and
approximate amount of time each such class of member will spend on the
audit.
• List the names of the partner and manager that will be assigned to this
engagement and the extent of their involvement with this engagement.
• List the proposed schedule for the audit and anticipated completion date.
4. Previous Similar Projects:
A list of a minimum of five similar projects must be submitted. Information at a
minimum should include:
• Client name, address and contact phone number.
• Description of similar scope of services.
• Month and year the project was started and completed.
EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate
each proposal in accordance with the requirements of this RFP. If further
information is desired, proposers may be requested to make additional written
submissions or oral presentations to the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the proposal or
proposals acceptance of which the Evaluation Committee deems to be in the best
interest of the City. The Evaluation Committee shall base its recommendation on the
following criteria:
• Firm's Experience in Auditing Services on Similar Type Projects -20 points
26
City Commission Memorandum -Auditing Services for Capital Projects RFP
January 16, 2013
Page 5 of5
• Qualifications of Project Team on Similar Type Projects-20 points
• Methodology and Approach -20 points
• References Provided by Prior Clients -15 points
• Fees -25 points
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are 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 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 proposal's
acceptance of which the City Manager deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation(s) in light
of the recommendation(s) and evaluation of the Evaluation Committee and, if
appropriate, approve the City Manager's recommendation(s). The City Commission
may reject City Manager's recommendation(s) and select another proposal or
proposals. In any case, City Commission shall select the proposal or proposals
acceptance of which the City Commission deems to be in the best interest of the
City. The City Commission may also reject all proposals.
8. Negotiations between the selected proposer and the City Manager or designee take
place to arrive at a contract If the City Commission has so directed, the City
Manager may proceed to negotiate a contract with a proposer other than the top-
ranked proposer if the negotiations with the top-ranked proposer fail to produce a
mutually acceptable contract within a reasonable period of time.
9. If the City Commission has so approved, the City Manager or designee after
successful negotiations, will present a contract acceptable to the respective parties
to the City Attorney's office for approval as to form and language, and then to the
Mayor and City Clerk for signature after the selected proposer has done so.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
the RFP for auditing services.
KGB/JJS/
F:\OBPI\$AUD\INTERNAL AUDIT FILES\DOC12-131AUD COMIAudit Services Capital Projects RFP-Memo 3.doc
27
COMMISSION ITEM SUMMARY
Condensed Title:
Request for Approval to Issue a Request For Proposal (RFP) For Emergency Management
Administrative Su ort Services
Ke_y Intended Outcome Supported:
Improve the City's overall financial health and maintain overall bond rating.
Supporting Data {Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
The purpose of this RFP is to select a contractor to provide designated emergency management
administrative support services as directed solely by the City between May 1, 2013 and
November 30, 2016. Unless the City specifically agrees otherwise in writing, the consultant will
be compensated by their submittal of reimbursement documentation to Federal Emergency
Management Agency or FEMA and pending its approval of any release of monies.
Over the past several years, the City has experienced several disaster events with the most
significant events occurring in 2005 with Hurricanes Katrina and Wilma. While City staff provided
the entire support for the preparation of claims, recovery of costs, administration of projects,
appeals, and audits; the completion of these tasks took significant resources away from
employees' normal duties particularly in the Internal Audit area. In addition, the usage of outside
consultant's support is a reimbursable expense by FEMA while the use of regular staffs time is
not. The City has recovered to date a total of $1,666,663 and $8,710,396 from FEMA for
Hurricanes Katrina and Wilma respectively.
The selected consultant will provide the City with services designed to support emergency
management administrative needs with preparedness, mitigation, response and recovery
associated with disaster related events. This support will facilitate the maximization of federal
and other funding, and to help the City retain these funds during subsequent project closeouts
and audits.
THE ADMINISTRATION RECOMMENDS THE ISSUANCE OF THE RFP.
Advis~oard Recommendation:
~-
Financial Information: -Source of Amount
Funds: 1 " nla
D 2
3 ---OBPI Total n/a
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
! Alex Denis, Ext 6641
Si n-Offs:
Assistant City Manager
MIAMlBEACH
28
"
Account
AGENDA ITEM
DATE
C:J.~fJ
1-lk·i3
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manage;4/.h ~·
I DATE: January 16, 2013 I
SUBJECT: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST
FOR PROPOSALS (RFP) FOR EMERGENCY MANAGEMENT
ADMINISTRATIVE SUPPORT SERVICE
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
ANALYSIS
The purpose of this RFP is to select a contractor to provide designated emergency
management administrative support services as directed solely by the City between May 1,
2013 and November 30, 2016. Unless the City specifically agrees otherwise in writing, the
consultant will be compensated by their submittal of project worksheets to Federal
Emergency Management Agency (FEMA) and pending its approval of any release of
monies.
BACKGROUND
Over the past several years, the City has experienced several disaster events with the most
significant events occurring in 2005 with Hurricanes Katrina and Wilma. While City staff
provided the entire support for the preparation of claims, recovery of costs, administration of
projects, appeals, and audits; the completion of these tasks took significant resources away
from employees' normal duties. The City has recovered to date a total of $1,666,663 and
$8,710,396 from FEMA for Hurricanes Katrina and Wilma respectively.
SCOPE OF SERVICES
The selected consultant will provide the City with services designed to support emergency
management administrative needs with preparedness, mitigation, response and recovery
associated with disaster related events. This support wiU facilitate the maximization of
federal and other funding, and to help the City retain these funds during subsequent project
closeouts and audits. The City is requesting support services from the consultant in the
following areas:
29
City Commission Memorandum-Emergency Management Administrative Support Services RFP
January 16, 2013
Page2 of4
• Support the undertaking of damage assessments to maximize recovery efforts.
• Review eligibility issues, and work with the City to develop justifications for
submission to FEMA and other applicable agencies.
• Assist the City in developing an approach to filing and tracking eligible costs.
• Assist in the preparation of project worksheets based upon actual I estimated
costs provided by City departments.
• Assist with identifying cost-effective mitigation opportunities and alternatives
(Section 404 and 406), and the preparation of documentation to secure funding.
• Participate in meetings with the FEMA, FOOT and the State to negotiate and
formulate individual project worksheets and mitigation projects as needed.
• Assist departments having difficulty with their project worksheet claims.
• Assist in determining if any eligible damages have not been identified and
submitted for reimbursement.
• Preparation of appeals.
• Assist with final inspections, project closeouts and any OIG audits.
• Assist with recovering costs from any other Federal and State agency programs.
• Assist in long-term recovery planning guidance.
MINIMUM QUALIFICATIONS
The respondent must have experience during the past five years in providing administrative
support services and in preparing FEMA grants for municipalities/government agencies. In
addition, the respondent must be independent from the City and its staff.
MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS
1 Respondent's Documentation
a. Respondent should list their experience in providing assistance to
municipalities/government agencies for FEMA preparation of federal grants
during the past five years.
b. Describe the respondent's (local office for national firms) experience in
providing emergency management administrative support services to local
governments during the past five years.
c. list and describe any litigation filed against the respondent in the State of
Florida during the past five years.
d. The respondent will submit a notarized statement as to their independence
with regard to the City and its staff.
e. Provide at least three (3) client references for which work has been
performed during the past three years
2. Proiect Team Documentation:
Provide a listing of the personnel to be used on the project and their qualifications for
performing the desired work. A resume including education, experience, licenses
and any other pertinent information shall be included for each team member. These
resumes should also include those of the managing partner and any senior staff
providing consulting services.
3. Methodology and Approach:
Describe the respondent's approach to providing emergency management
administrative services which should consist of the following at a minimum:
30
City Commission Memorandum-Emergency Management Administrative Support Services RFP
January 16, 2013
Page3 of4
• Organization and titles of the team members.
• The names of the partner and manager that will be assigned to this
engagement and the extent of their involvement with this engagement.
• Assist the City in planning for the disaster to help identify any potential areas
in need of improvement to help maximize future recovery monies.
• The outcome of any related Office of Inspector General audits from other
municipalities/government agencies.
4. Previous Similar Projects:
A listing of at least three similar consulting assignments must be submitted.
Information at a minimum should include:
• Client Name, address and contact phone number.
• Description of similar scope of services.
• Month and year the project was started and completed.
EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of an 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 shaH base its
recommendation on the following criteria:
• Firm's Experience in Providing Emergency Management Support
Services for Similar Type Disaster Events -20 points
• Qualifications of Project Team on Similar Type Disaster Events-20
points
• Methodology and Approach -20 points
• References Provided by Prior Clients -15 points
• Fees -25 points
31
City Commission Memorandum-Emergency Management Administrative Support Services RFP
January 16, 2013
Page 4 of4
LOCAL PREFERENCE: The Evaluation Committee will assign an additional
five (5) points to Proposers, which are 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 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's
acceptance of which the City Manager deems to be in the best interest of the
City.
7. The City Commission shall consider the City Manager's recommendation(s}
in light of the recommendation(s) and evaluation of the Evaluation
Committee and, if appropriate, approve the City Manager's
recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal or proposals. In any case,
City Commission shall select the proposal or proposals acceptance of which
the City Commission deems to be in the best interest of the City. The City
Commission may also reject aU proposals.
8. Negotiations between the selected proposer and the City Manager or
designee take place to arrive at a contract. If the City Commission has so
directed, the City Manager may proceed to negotiate a contract with a
proposer other than the top-ranked proposer if the negotiations with the topw
ranked proposer fail to produce a mutually acceptable contract within a
reasonable period of time.
9. If the City Commission has so approved, the City Manager or designee after
successful negotiations, will present a contract acceptable to the respective
parties to the City Attorney's office for approval as to form and language, and
then to the Mayor and City Clerk for signature after the selected proposer
has done so.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
the RFP for emergency management administrative support services.
KGB/JJS/
F:\OBPI\$AUD\INTERNAL AUDIT FILES\DOC12-13\AUD COM\Emergency Mgmt Support Services RFP-
Memo 3.doc
32
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33
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts To A Quick Board Up Services, Inc., As Primary Vendor And To Sanchez
Arango Construction, As Secondary Vendor, Pursuant to Invitation To Bid (ITS) No. 63-11/12 For Emergency Board
Up And Securing Services, In The Estimated Annual Amount of $60,000 For FY 2013.
Key Intended Outcome Supported:
Ensure Safety and Appearance of Building Structures and Sites.
Supporting Data (Surveys, Environmental Scan, etc.): In Fiscal Year 2011/12, the Building Department
l::ontracted for 13 board-ups of properties totaling $53,044.00. Fiscal Year 2010/11 expenditures totaled $54,989,
~nd Fiscal Year 2009/10 expenditures totaled $106,222 (reflecting the heir~ht of the financial crisis).
Item Summary/Recommendation:
The purpose of Invitation to Bid No. 63-11/12 (the "Bid") is to award contracts for emergency board-up and securing
services that will allow the Building Department to address the safety and security issue of abandoned buildings,
including furnishing all materials, labor, supervision, means of transportation, permits, licenses, equipment and
incidentals necessary for the emergency board-up and securing of buildings and structures citywide on an as needed
basis. These services are often initiated by the Police Department, the Code Compliance Division of the Building
Department, or the Building Department directly in response to crime, public safety, neighborhood aesthetics or other
quality of life issues that impact the City.
Services are requested by the Building Department following a determination of non-compliance with a code
violation. The property owner is billed for the board-up service upon receipt of the invoice for services rendered In
addition to verification from the Chief Code Compliance Inspector that the board-up and securing services have been
provided. The property owner has 30 days to satisfy the outstanding city bill for the services. If the bill has not been
paid in 30 days the owner of the property is issued via regular postage a 20 day lien warning notification {intent to
lien). If the owner has not complied by the 21st day the lien process is initiated. Property owners usually settfe the
lien when the property is being sold. Many of these owners are absentee landlords or residents who reside in another
state or out of the country. Typically, in the case of absentee landlords, the communication in reference to board-up
and securing services is often handled by the owner's representative, (i.e., a management company or attorney}.
The Bid was issued on October 4, 2012 and on October 18, 2012 a pre-bid meeting was held. Ninety (90) bid notices
were issued, eighty-six (86) through the Bid Net system and another four (4) through the Procurement Division. Ten
(10) vendors downloaded the bid documents. On Noveml)er 2, 2012, bids were opened. Two (2) bids were received
from: A Quick Board Up Service, Inc., and Sanchez Arango Construction.
After review of bids received, the Administration is recommending award to a primary and a secondary bidder (in the
event that primary is unable to perform) as follows: A Quick Board Up Service, Inc, as the primary lowest responsive
bidder, and to Sanchez Arango Construction as the secondary lowest responsive bidder.
This new contract(s) entered into with the successful bidder(s) will have an initial term of two (2) years, and may be
renewed at the sole discretion of the City, through its City Manager, for three (3) additional one {1} year terms.
Funding for future years is contingent on approval of future year budgets.
The contracts will offer more flexible resources to ensure that the Building Department fulfill the securing and board
up needs in a timely manner while always securing the lowest cost.
APPROVE THE AWARD OF THE CONTRACTS.
Advis~oard Recommendation:
L~~--~~--~~--~--~--~~~--Financiallntormation: Expenditures incurred by the City are billed to the respective property owner and funding
availabili is based billin of these expenses. ;:.:-;.;::::S.:.:;o:.:::u~r:.:..c'-'e:.::::o...::f===.;.:.:=t...:::.:..;.., A::.: .. :::::m;::o:,.u:::.:nx.t:.:::.:.;r-1 =-. ..----,.,..,....., . ..---..-----~---,-A-c-co_u_n_t_·::-c· -~..-----.~-.. -. -....,-.. -. -.-.
Funds: ~· I $60,000 i Board up Demolmon Services No. 188-6801-000340 1tJ lll. $60.000 I
OBPI ------~------~--~--------------·----------------~
Financial Impact Summary: Funding for future years beyond FY2013 is contingent on approval of future year
~budgets. ~--·------·
City C_!erk's Office Legislative Tracking:_~-----------------------~· fNex Denis, Director Ext# 6641 J
Sign-Offs:
SS AD .\l / JGG )/ft·· POW ___ _ -··~ (
MIAMI BEACH 34
/
AGENDA ITEM C :;;2 c._
DATE l-/tdr-l3
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wvtw.miomibeachfLgov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager/;('~/--.
January 16, 2013
REQUEST FOR APPROVAL TO AWARD CONTRACTS TO A QUICK BOARD
UP SERVICE AS PRIMARY VENDOR AND TO SANCHEZ ARANGO
CONSTRUCTION AS SECONDARY VENDOR PURSUANT TO INVITATION TO
BID (ITB) NO. 63 .. 11/12 FOR EMERGENCY BOARD UP AND SECURING
SERVICES, IN THE ESTIMATED ANNUAL AMOUNT OF $60,000.
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME SUPPORTED
Ensure safety and appearance of building structures and sites
FUNDING
The estimated expenditure for FY 2012/13 Is based on prior experience for emergency
board up and securing services. Expenditures incurred by the City are billed to the
respective property owner and funding availability is based on billing these expenses.
Uncollected amount at year-end will be funded by the Building Department.
$60,000 Board up Demolition Services No. 188-6801-000340
ANALYSIS
The purpose of Invitation to Bid No. 63-11/12 (the "Bid") was to pre-qualify bidders for the
purchase of emergency board-up and securing services whereas all work shall include the
furnishing of all materials, labor, supervision, means of transportation, permits, licenses,
equipment and incidentals necessary for the emergency board-up and in the securing of
buildings and structures citywide on an as needed basis for the term of the contract.
The property owner is billed for the board-up service upon receipt of the invoice for services
rendered in addition to verification from the Chief Code Compliance Inspector that the
service has been provided. The customer has 30 days to satisfy the outstanding city bill for
the board-up service for which they have been billed. If the bill has not been paid in 30 days
the owner of the property is issued via regular postage a 20 day lien warning notification
(intent to lien). If the owner has not complied by the 21st day the lien process is initiated.
Of the violations issued annually, approximately six {6) to ten (1 0) violations are issued
annually as a result of non-payment. Property owners usually settle the lien when the
35
Commission Memorandum -ITB-63·11112 Emergency Board-up and Securing Services
January 16, 2013
Page 2 of4
property is being sold. Many of these owners are absentee landlords or residents who
reside in another state or out of the country. Typically the communication in reference to
board-ups is handled by the owner's representative, i.e a management company or an
attorney.
For the past three (3) years, the Building Department has utilized the services of A Quick
Board Up Service, Inc, Pillar Consultants, Inc., and TCS Empire, Inc. Pursuant to ITB 11-
09/1 0 for the emergency board up and securing services. The total expenditures for the life
of the contracts have been $129,027.59. These contracts will expire on February 2, 2013.
This new contract(s) entered into with the successful bidder(s} will have an initial term of two
(2) years. and may be renewed at the sole discretion of the City, through its City Manager,
for three (3) additional one (1) year terms. Funding for future years is contingent on approval
of future year budgets.
BID PROCESS
The Bid was issued on October 4, 2012, with an opening date of November 2, 2012. A pre-
bid meeting was held October 18, 2012 to provide information to the bidders submitting at
bid.
Ninety (90) bid notices were issued, eighty-six (86) through the BidNet system and another
four (4) through the Procurement Division. Ten (10) vendors downloaded the bid
documents. Two (2) bids were received from: A Quick Board Up Service, Inc., and Sanchez
Arango Construction.
The responsiveness test performed by the Procurement Division resulted in all bids received
being deemed responsive.
A Technical Review Panel {"the Panel") consisting of the following individuals reviewed the
responsive bids and made the final recommendation:
• Adrian Avalos, Chief Building Code Compliance Officer, Building Department
• Richard McConachie, Assistant Director, Building Department
• Sonia LeCounte, Office Associate V
The Administration is recommending award to a primary and a secondary bidder (in the
event that primary is unable to perform) as follows: A Quick Board Up Service, Inc, as the
primary lowest responsive bidder, and to Sanchez Arango Construction as the secondary
lowest responsive bidder. (See Appendix "A''-Tabulated results).
The !TB process requested bidders to submit unit pricing for the items/tasks most frequently
used by the Building Department to properly secure buildings. The structure of this ITB
would allow the Building Department to anticipate and accurately estimate the cost of the
majority future board up or securing projects while guaranteeing the lowest possible cost.
36
Commission Memorandum -ITB-63-11112 Emergency Board-up and Securing Services
January 16, 2013
Page 3 of 4
COMPANY PROFILES
A Quick Board Up Service, Inc
A Quick Board Up Service, inc. has been in business for twenty years and has provided
services for the City of Pompano Beach, City of Hollywood, City of North Miami Beach, City
of Lauderdale Lakes, City of Lauderhill, and City of Fort Lauderdale. A Quick Board Up
Service, Inc. was highly rated by the performance evaluation surveys and the references
received. A Quick Board Up Service, Inc. is the lowest bidder and holds a General
Contractor license.
Sanchez Arango Construction
Sanchez Arango Construction has been in business for seventeen years and has provided
services for the City of Miami, Miami Dade County, Clear Channel Outdoor, and Florida
Department of Transportation. Sanchez was highly rated by the performance evaluation
surveys. Sanchez holds a Certified General Contractor.
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 A Quick Board Up Service, Inc., and Sanchez Arango Construction.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission accept the City Manager's recommendation to award contracts to A Quick
Board Up Service, Inc., as primary vendor and To Sanchez Arango Construction, Inc. as
secondary vendor for Emergency Board Up and Securing Services, pursuant to invitation to
bid (ITB) No. 63-11/12, in the estimated annual amount of $60,000.
T:IAGENDA\2013\January 16\ITB-63~1 H2 Board-up Services ~mo.doc
37
w 00 10 Additional Charges (if applicable} (minimum charge per call) F:IPURC\$ALL\Shirely\Bids11-12\!T8#63-11-12 Securing Abandoned Building\ Commission· Memo.doc A QUICK BOARD UP SERVICES, INC. $225.00 SANCHEZ ARANGO CONSTRUCTION $50.00
THIS PAGE INTENTIONALLY LEFT BLANK
39
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts To WW. Grainger, Inc., And To Aaron Industrial Safety, Pursuant
To Invitation To Bid (ITS) No. 43-11112, For Purchase And Delivery Of Safety Supplies, In The Estimated Annual
Amount of$ 93,000.00
Key Intended Outcome Supported:
Maximize efficient delivery of services
!SUPPorting Data (Surveys, Environmental Scan, etc.):
Item Summary/Recommendation:
The purpose of Invitation to Bid No. 43-11/12 (the "Bid") was to award contracts for the purchase and delivery of
routine safety supplies for various departments (Public Works, Parks, Fleet, Property, Sanitation, and Parking
etc.).
The contract(s) entered into with the successful bidder{s} will have an initial term of two (2) years, and may be
renewed at the sole discretion of the City, through its City Manager, for three (3) additional one (1} year terms.
The Bid was issued on September 13, 2012, with a bid opening date of October 25, 2012. A pre-bid meeting was
held September 27, 2012 to provide information to the bidders submitting a response. Two (2) addenda were
issued to provide additional information or respond to prospective bidder questions.
Fifty-two (52) bid notices were issued through the Bidnet system, and four (4) vendors downloaded the bid
documents. Three (3) bids were received from: WW Grainger, Aaron Industrial Safety and QuadMed. Inc.,
The Administration is recommending award contracts to the lowest. responsive. responsible bidder by group as
follows:
! GROUP i VENDOR L 1 ! Aaron Industria! Safety
~ 2 ! W.W. Grai!]:.;:ag::.er:..t.•..:.:ln,:-::c::,.. ---~~·
lll----"43_~1 Aaron lnd~strial Safety
'---"--~..._'· Jj.W. Gramger, Inc.
APPROVE THE AWARD OF THE CONTRACTS:
Advisory Board Recommendation:
GROUP VENDOR
5 W.W. Grainger, Inc.
6 Aaron Industria! SaJ~!Y..__ ___ 4 7 W.W. Grainger, Inc. ====8~===-~-=W~.:..:.W,.;-'-':.c..~G~r_:a;.;.;i..:..;n'""g ... e~r~. ~ln;;c=. =====-·-
E ... ~:--:c-----,-~~-----------~~
Financial Information:
-Source of
Funds:
~
OBPI
l
I
j
.. · ..
!
I
!
Total
l Amount
$ 17,000.00
$35,000.00
$30,000.00
$5,000.00
$ 1,000~00
$5,000.00
$93,000.00
l Account i
Public Works Stormwater Account 427-0427-000343
,_
~ublic Works Sewer Account 425~0420-000343
,_
ubHc Works Water Account 425-0410-000343
.
Property Management Account 520-1720-000342
Fleet Management Accoun(510-1780-000343
Parks and Recreation Account 011-0940-000343
· Financial lmpac tSummary: Future year expenditures will be based on approved budgeted amounts.
Citx Clerk's Office Legislative Trackrng:
i Alex Denis, Director Ext # 6641
MIAMI BEACH 40
-·
AGENDA ITEM
DATE
C:tD
1-IG··-13
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Fiorida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of th
1
e /jY Commission
Kathie G. Brooks, Interim City Manag~~ / '
DATE: January 16, 2013
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO W.W. GRAINGER,
INC. AND TO AARON INDUSTRIAL SAFETY, PURSUANT TO INVITATION TO
BID (ITB) NO. 43·11/12, FOR PURCHASE AND DELIVERY OF SAFETY
SUPPLIES, IN THE ESTIMATED ANNUAL AMOUNT OF $93,000.00
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME SUPPORTED
Maximize efficient delivery of services
BID AMOUNT AND FUNDING
The estimated annual amounts below are based on regular operational funding availability.
$17,000.00 Public Works Stormwater
$35,000.00 Public Works Sewer
$30,000.00 Public Works Water
$ 5,000.00 Property Management
$ 1,000.00 Fleet Management
$ 5,000.00 Parks and Recreation
$93,000.00
ANALYSIS
427-0427-000343
425-0420-000343
425-041 0-000343
520-1720-000342
510-1780-000343
011-0940-000343
The purpose of Invitation to Bid No. 43~ 11/12 (the "Bid") was to award contracts for the
purchase and delivery of routine safety supplies for various departments (Public Works,
Property Management, Fleet and Parks and Recreation).
This contract(s) entered into with the successful bidder(s) will have an initial term of two (2)
years, and may be renewed at the sole discretion of the City, through its City Manager, for
three {3) additional one (1) year terms.
41
Commission Memorandum-/TB-43-11112 Safety Supplies
JanuafY 16, 2013
Page 3 of 3
BID PROCESS
The Bid was issued on September 13, 2012, with an opening date of October 25, 2012. A
pre-bid meeting was held September 27, 2012 to provide information to the bidders
submitting a response. Two (2) addenda were issued to provide additional information and
to provide the revised proposal form.
Fifty-two (52) bid notices were issued through the Bidnet system, and four vendors
downloaded the bid documents. In Addition, the Procurement Division issued notices to
seven (7) prospective bidders viae-mall, which resulted in the receipt of following three (3)
bids:
1. Aaron Industrial Safety Inc.
2. W .W. Grainger
3. Quadmed
The responsiveness test performed by the Procurement resulted in Quadmed to be deemed
non-responsive due to failure to provide the required brd proposal forms.
A Technical Review Panel ("the Panel") consisting of the following Individuals reviewed the
responsive bids and made the final recommendation:
• Maddy Reisler, Office Associative V, Property Management
• Shelly Fernandez, Office Associate IV, Sanitation Division
• Martha Torres, Warehouse Supervisor, Public Works Water Division
• Brenda Carbonell, Parks and Recreation Analyst
• Joyce Dickerson, Office Associate V, Fleet Management
• Tamika Clear, Sanitation Coordinator, Sanitation Division
After the Panel's review of the bidder's qualifications, experience, capability, and
performance evaluations received, it was determined to be in the best interest of the City to
recommend awarding contracts to the following lowest and best bidders: W.W. Grainger
and Aaron Industrial (See Appendix "A"-Tabulated results).
IG 0 . r ly d !-roup ! eSCrlQIOn -i en or i
I 1 Safety Go~and safety glasses I Aaron Industrial Safety 1 ,_
l 2 Safety Gloves i W .W. Grainger, Inc.
i 3 Safety mask and SUf2Qiies _ Aaron lndustri~l Safety ;---
4 Safety ear elus protectors W.W. Grainger, Inc. --~W.W. Grainger, Inc. --
5 Safety flag and flashlight
6 Back support Aaron Industrial Safety
~--7 Safety hats and caps W.W.:._Grainger, Inc.
8 Safety ribbon and tape W.W. Grainger, Inc. i
The ITB process requested bidders to submit unit pricing for the items most frequently used
by the various departments purchasing safety supplies to be awarded by group. The
structure of this ITB would allow the various departments to anticipate and accurately
estimate the cost of the majority safety supplies while guaranteeing the lowest possible cost.
42
Commission Memorandum -/TB-43-11112 Safety Supplies
January 16, 2013
Page 4 of 3
COMPANY PROFILES
W.W. Grainger has been in business for eighty-five years and has provided services for the
City of Miami and Miami Dade County. Grainger was highly rated by the performance
evaluation survey and the reference received. Grainger has location in Miami.
Aaron Industrial Safety, Inc., has been in business for nineteen years and has provided
services for the City of Miami Beach, Miami Dade County, Broward County and Carnival
Cruise Unes. Aaron was highly rated by the performance evaluation survey; references
received Aaron have facilities in South Florida-Miami.
CITY MANAGER•s REVIEW
After considering the review and recommendation of City staff, the City Manager exercised
her due diligence and is recommending to the Mayor and the City Commission to award the
contracts to Grainger, and Aaron Industrial Safety, Inc.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission accept the City Manager's recommendation to award contracts to W.W.
Grainger and to Aaron Industrial Safety, Inc., for the purchase and delivery of Safety
Supplies, pursuant to Invitation To Bid (ITS) No. 43-11/12, in the estimated annual amount
of$ 93,000.00.
F:\PURC\$All\Shiretyi Commission me.-no\ITB-4~-11-12 Safety Supp!!ies • Memo.doc
43
~ ~ 1 2 3 4 5 6 Description GROUP I SAFETY GOGGLES AND SAFETY GLASSES Safety goggles lift front welding Brand Name: Manufacturer: Safety goggles Impact Brand Name: Manufacturer: Safety goggles with replacement lens and head band Brand Name: Manufacturer: Safety glasses dark safety over~prescription Brand Name: Manufacturer: Safety glasses gray lens, black frame Brand Name: Manufacturer: Safety glasse with clear anitfog Brand Name: Manufacturer: ~roup 1 (1tt1Iu 6) AARON INSUSTRIAL SAFETY Qty Unit 25 5.25 29050 MCR Safety 30 6.50 S345C Honeywell 10.55 S345C Honeywell 75 3.00 OTSXL~S7520ST Pyramex 80 1.00 55112 MCR Safety 50 2.30 TK110AF MCR Safety W.W. Grainger, Inc. Total Unit Total 131.25 14.62 365.50 1UYF9 Westward 195.00 1.78 53.40 IVT70 Condor 0.00 7.06 0.00 3ZLI9 Honeywell 225.00 1.64 123.00 4TN06 Condor 80.00 1.35 108.00 1VWI8 Condor 115.00 2.78 139.00 4VC05 Condor 746.2? '··········· 788.90
~ U'l Description GROUP 2 SAFETY GlOVES 7 Glove leather fingerless palm Brand Name: Manufacturer: 8 Glove ntrlle disposable powdered XLG BML Brand Name: Manufacturer: 9 Glove 16" length heat resistant Brand Name: Manufacturer: 10 Glove 28" clemco cabinet Brand Name: Manufacturer: 11 Glove acid proof nitrile size 10 Brand Name: Manufacturer: 12 Glove acid proof nitrile size 9 Brand Name: Manufacturer: 13 Glove cotton canvax 8 oz white wrist Brand Name: Manfacturer: 14 Glove cowhie welding size L color blue 14; length Brand Name: Manufactures: 15 Glove graber w/clip non conductive plastic Brand Name: Manufactures: 16 Glove leather prtector size 10~10 112 with 10 length Brand Name: Manufacturer: 17 Glove leather protector size 11 with 1 0" Brand Name: Manufacturer: 18 Glove leather protector size 9-9 1/2 with 10 lengh Brand Name: Manufacturer: --------·~~--···-·-·----·---·-·-·---·-·-·--·· 80 90 75 50 75 50 80 75 25 50 80 75 ............... AARON INSUSTRIAL SAFETY Qty Unit 6.00 0160 size AIS 6.50 7500PFXL 5211Sbury 13.00 9-928 Ansell 119.34 8N1532/90 North 1.25 37-145-10 Ansell 1.25 37-145-09 Ansell 0.50 2000V Cordova 4.39 4501 MCR Safety 3.50 UCDB MCR Safety 18.00 1LP (10) size 10 5211 Sbury 18.00 1LP(10) size 11 5211 Sbury 18.00 1 LP-(100 size 11 ······--§gi:sbury_ W.W. Grainger, Inc. Total Unit Total 480.00 5.75 460.00 1VT52 Condor 585.00 6.04 543.60 2XMA5 Condor 975.00 3.60 270.00 ZENE3 Condor 5,967.00 21.62 1,081.00 3JT06 E CooHne 93.75 3.19 239.25 IPFP3 Show Best 62.50 3.19 159.50 IPEP3 Show Best 40.00 0.32 25.60 3AD76 Condor 329.25 4.84 363.00 4TJX5 Condor 87.50 1.69 42.25 8FKLO Egodyne 900.00 9.30 465.00 4T557 Condor 1,440.00 9.30 744.00 4T558 Condor 1,350.00 9.30 697.50 4T491 c;ondor
~ en Description 19 Glove leather single palm long cuff 2-1f2 50 Brand Name: Manufacturer: 20 Glove lineman's rubber size 10 Eo11 B-10 25 size 11 E011B-11 30 size 09 E011B-09 45 Brand Name: Manufacturer: 21 Glove neoprente chemical resistant size 10 (color black) 60 Brand Name: 5435 XL Manufacturer: MCR Safety 22 Glove nitrile 15mi113" size 10 75 Brand Name: Manufacturer: 23 Glove poly nylon liner color-black-gray 14' length 80 Brand Name: Manfacturer: 24 Glove PVC coated blue size L 25 Brand Name: 25 Glove welding Size L color -gray 14'1ength Brand Name: Manufacturer: 26 Glove lineman's canvas bag 25 Brand Name: Manufacturer: 27 Glove mes's lknit size (L} 75 Brand name: Manufacturer: 28 Glove bag canvas short 35 Brand Name: Manufacturer: 29 Glove Elecrical Slze-9 E0011 B-09 25 Size-10 E0011B-10 25 Size-11E0011B1-25 Brand Name: Manufacturer: Total Grou 2 {7 thru 29) ··-·-·-··-·--------· AARON INSUSTRIAL SAFETY 1.51 2010L MCRSafety 46.61 46.61 46.61 2.75 5435XL MCR Safety 1.25 8614C MCR Safety 1.00 8614C MCR Safety 0.80 9682L 30 1.00 8614C MCR Safety 20.16 GB 112 S211Sbury 0.80 8808S MCR Safety 20.16 GB 112 S211Sbury 46.61 46.61 46.61 E0011B S211 Sbury --~·-W.W. Grainger, Inc. 75.50 1.55 77.50 2MPA6 Condor 1,165.25 72.52 1,813.00 1,398.30 65.37 1,961.10 2,097.45 72.52 3,263.40 ST946/947/945 Salisbury 165.00 3.87 232.20 3RZK5 ShowaBest 93.75 1.17 87.75 4T425 Ansell 80.00 1.82 145.60 4Ju93 Ansell 20.00 4.21 105.25 4KMZS 30.00 3.53 105.90 4JF96 Condor 504.00 12.91 322.75 5T101 Condor 60.00 0.30 7.50 5JK50 Condor 705.60 10.34 361.90 4AJ28 Condor 1,165.25 36.77 919.25 1 '165.25 36.79 919.75 1,165.25 36.79 919.75 4T488/489/490 Salisbury 22,200.60 ~-·--~· 16,333.30
~ ........ Description GROUP 3 SAFETY MAKS AND SUPPLIES 30 Dust and particulate w/dual head strap mask 35 Brand Name: Manufacturer: 31 Resipartor dust and particulate mask 30 Brand Name: Manufacturer: 32 Meter digital 25 Brand Name: Manufacturer: 33 Meter digital 25 Brand Name: Manufacturer: Total Group 3 (30 thru 33} GROUP 4 SAFETY EAR PLUS PROTECTORS 34 Ear plugs with cord (per boxes) 150 Brand Name: Manufacturer: 35 Ear muff heavy duty (each) 144 Brand Name: TR0160Cs (NRR29) Manufacturer: 36 Ear plus disposable (per boxes) 500 Brand Name: Manufacturer: 37 Ear protectors classic {cases) 40 Brand Name: Manufacturer: Total Grou 4 (34 thru 37} GROUP 5 SAFETY FLAG AND FLASHLIGHT Qty 38 Safety flag hevy duty fluorescent 100 Brand Name: Manufacturere: 39 Flashlight industrail flashlight magnet attached individual p 250 Brand name: Manufacturer: Total Group_§j38 thru 39) ······--~·-·····------ -- ---~-·~·-··-·------···--·-·······----~· Qtv Qty AARON INSUSTRIAL SAFETY Unit Total 8.00 280.00 730N95 Gerson 5.00 150.00 1501 Gerson 53.00 1,325.00 DMTC/RL Am probe 90.00 2,250.00 82369 craftsman 4,005.00 Unit Total 15.00 2,250.00 1110 3M 13.00 1,872.00 TR0160CS (NRR29) Radians 15.00 7,500.00 1100 3M 260.00 10,400.00 310-1009 3M 22,022.00 Unit Total 3.00 300.00 1830-V 2WINTI 5.25 1,312.50 1,612.50 . ··----------·-~--·-----~·-· W.W. Grainger, Inc. • Unit Total 9.56 334.60 • 3A181 North 3.09 92.70 4VT68 Miller 132.49 3,312.25 16AH8 Fluke 210.35 5,258.75 16AH7 . Fluke 8,998.30 Unit Total 15.52 2,328.00 6XFGo Howard Light 4.79 689.76 26X626 Condor 13.01 6,505.00 16AE3 Howard Light 3.96 158.40 30F055 3M 9,681.16 Unit Total 1.97 197.00 3YWYY 2.36 590.00 6AHAS Westward 787.00 ·~
~ 00 Description GROUP 6 BACK SUPPORT BELT AND SAFETY VESTS 40 Back support w/CMB logo size 28·32 Brand Name: Manufacturer: 41 Industrial back support w/CMB log size 33·38 Brand Name: Manufacturer: 42 Industrial back support w/CMB log size 39-44 Brand Name: Manufacturer: 43 Industrial back support w/CMB log size 45-49 Brand Name: Manufacturer: 44 Industrial back support Brand Name: Manufacturer: 45 NfA 46 Safety vest class Ill prange w/reflective stripping Brand Name: Manufacturer: Total Group 6 (40 thru 45) GROUP 7 SAFETY HATS AND CAPS 47 Bump cap Brand Name: Manufacturer: 48 Hard hats dielectric Brand Name: Manufactures: 49 Hard hat with 8 point suspension Brand Name: Manufacturer: 50 Hard hat full brim rachel Brand name: Manufacturer: 51 Hard hat classic 6 point suspension Brand name: Manufacturer: 52 Hard hat V -Gard Brand name: Manufacturer. _!l?t~I§IPIJP __ IJ46 thru 51 ) AARON INSUSTRIAL SAFETY Qty Unit 35 9.00 373-S AIS 25 9.00 373-M AIS 50 9.00 373-L AIS 9.00 373-XL AlS 30 11.00 373-2X AIS 25 10.00 SV22-320M (Size) Radians Qty Unit 74 3.30 BC89 North 25 3.50 A59 North 25 15.00 E1RWOIAOOO [Pyramex 30 8.00 HP24110 Pyramex 30 6.00 HP16120 Pyramex 25 7.65 463942 MSA .. W.W. Grainger, Inc. Total Unit Total 315.00 n/a 225.00 n/a 450.00 nla 0.00 n/a 330.00 n/a n/a 250.00 n/a 1,570.00 nfa Total Unit Total 244.20 2.94 217.56 4RB47 M5A 87.50 4.08 102.00 IOG966 Condor 750.00 11.81 295.25 9RD77 AO Safety 240.00 9.44 283.20 9RD77 AO Safety 180.00 12.40 372.00 3RRV1 M5A 191.25 8.42 210.50 3PE14 M5A 1,692.95 1,480.51
~ c,g Description GROUP 8 SAFETY RIBBON AND TAPE 53 Safety flag heavy duty flourescent Brand name: Manufacturer: 54 Barrier ribbons 3X 300 feet (yellow) Brand Name: Manufacturer; 55 Hazard stripe tape 2'x54' Brand name: Manufacturer: 56 N/A 57 Barrier tape, roll size, 3'x1000' yellow wfblack letter (case) Brand name: Manufacturer: 58 Barrie ribbon tape 3"x300" red with black letter {case) Brand name: Manufacturer: 59 Barrier ribbon tape 3"x300" yellow w/bfack letter /roll Brand name: Manufacturer: Total Group 8 {53 thru 59 _l_. ----·---~·"···~ Qty 300 200 100 25 2 100 AARON INSUSTRIAL SAFETY W.W. Grainger, Inc. Unit Total Unit Total 3.00 900.00 3.78 1,134.00 1830-M 9RWI3 2WINTI USA-Sign 3.00 600.00 3.43 686.00 TA-1200 IN922 AIS C.H. hanson 4.00 400.00 3.94 394.00 TA-1200 6FXVS AIS Grainger approved 120.00 3,000.00 3.09 77.25 4A416 Harris C.H. hanson 108 216.00 3.17 6.34 8WAK3 Harris Harris Industries 3.00 300.00 3.17 317.00 9CYF2 Harris Harris Industries 5,416.00 2,614.59 117,784.35 80,578.62
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts To G7 Holdings, Inc. 0/B/A Garbageman.Com As Primary Vendor, And
Austin Tupler Trucking, Inc. As Secondary Vendor, Pursuant To Invitation To Bid (ITB) No. 3~12/13, For Removal
And Dfsposar Of Construction Debris And Asphalt, In The Annual Estimated Total Amount Of $133,960.
Key Intended Outcome Supported:
Maintain City's Infrastructure. ----,-:-.,.---------c---:-:-........,-~~-J
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that
55% of residents, and 48% of businesses rated the condition of roads as excellent or good; and 64% of residents
and 66% of businesses rated the conditions of sidewalks as excellent or good.
Issue: I Shall the City Commission aperove the award of Contracts?
Item Summary/Recommendation:
The purpose of Invitation to Bid (ITB) No. 3-12/13 was to award contracts for removal and disposal of construction
debris and asphalt, as specified tn the ITB. The contract(s) entered into with the successful bidder(s) will have an
initial term of two (2) years, and may be renewed at the sole discretion of the City, through its City Manager, for
three (3) additional one {1) year terms.
Bidsync issued bid notices to 183 prospective bidders, and a total of seven (7) companies downloaded the
document Additionally, Procurement sent notice to four (4) vendors. The notices resulted in the receipt of three (3)
bids. One of the bids was deemed non-responsive for not meeting licensing requirements at time of bid submittal.
Award is being recommended to the lowest bidder G7 Holdings, Inc. d/b/a Garbageman.com as primary vendor,
and Austin Tupler Trucking, Inc. as secondary vendor. Should the primary vendor fail to comply with the Terms and
Conditions of this Contract, the City reserves the right to award to the secondary vendor.
APPROVE THE AWARD OF CONTRACTS.
Adviso: Board Recommendation:
IN/A
Financial Information:
~-
Source of I Amount Acqoun(>.
Funds: $20,oo'o --
... 1 Public Works Repair and Maint. Acct. No. 011-0840~00342
~ 2 -$40,000 Public Works Repair and Maint.Acct No. 425-0410-00342
3 $35,000 Public Works Repair and Maint. Acct. No. 425-0420-00342 -$38,960 Public Works Repair and Maint. Acct. No. 427-0427~00342 4 j
OBPI Total I $133f960 I 1
Financial Impact Summary: Future year expenditures will be based on approved budgeted amounts.
MtAMIBEACH 50
____________ ]
,.., "'1£
AGENDA ITEM _'---=-o<-=---
DATE /-/6 .. ff,
(9 MIAMIBEACH
City of Miami Beach, 1700 Convention Cenler Drive, Miami Beach, Florida 33139, www.mlomibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of t~e 2t~m~ission
Kathie G. Brooks. Interim City Manager pA/
January 16, 2013
REQUEST FOR APPROVAL TO AWARD CONTRACTS TO G7 HOLDINGS, INC. D/B/A
GARBAGEMAN.COM AS PRIMARY VENDOR, AND AUSTIN TUPLER TRUCKING, INC.
AS SECONDARY VENDOR. PURSUANT TO INVITATION TO BID (ITS) NO. 3~12/13,
FOR REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT, IN
THE ANNUAL ESTIMATED TOTAL AMOUNT OF $133,960.
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME
Maintain City's Infrastructure.
FUNDING
The amount budgeted for these services for Fiscal Year 2012/2013 is $133,960. Funding in the
amount required will be provided from the following account:
$20,000-Public Works Repair and Maintenance Account No. 011-0840-00342
$40,000-Public Works Repair and Maintenance Account No. 425-0410-00342
$35,000-Public Works Repair and Maintenance Account No. 425-0420-00342
$38,960 -Public Works Repair and Maintenance Account No. 427-0427-00342
$133,960
Additional funding may be required due to increased need of services, subject to the review and
approval of the Office of Budget and Performance Improvement (OBPI).
ANALYSIS
The purpose of Invitation to Bid (ITB) No. 3-12/13 was to award contracts for removal and disposal
of construction debris and asphalt, as specified in the ITS.
The work specified In this ITB consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, services necessary for the removal and disposal of
construction debris and asphalt which consist of materials accumulated from pipe line construction,
sidewalk, street repairs and street light projects. All materials must be disposed of in a proper
manner and at a disposal site legally allowed to accept said materials. The contractor shall be
responsible for compliance with all Applicable Law and shall be fully accountable for all costs and
penalties resulting from infractions thereby.
The contract(s) entered into with the successful bidder(s) will have an initial term of two (2) years,
and may be renewed at the sole discretion of the City, through its City Manager, for three (3)
additional one {1) year terms.
51
ITB 3-12113-Removal and Disposal of Construction Debris and Asphalt
January 16, 2013
Prior to this recommendation, a three year contract {lTB 35-08/09) had been awarded to Metro
Trucking Company on July 15, 2009 in the estimated annual amount of $116,000. Metro Trucking
Company sent notice to the City that after 31 years in business, they would be closing their doors as
of June 15, 2012. Since then, the City has been acquiring these services from Austin Tupler via
request for quotes until a new contract is awarded and executed, at the prices stated below.
Public Works Operations annual construction debris hauling is 3,000 tons, and 2,000 tons for
asphalt. Both materials are approximate tonnages. Presently, the City is paying $32.25 and $16.10
per ton respectively. Fiscal Year 12/13 budget construction debris and asphalt hauling is $134,960.
BID PROCESS
Invitation to Bid (ITS) No. 3-12/13, was issued on October 19, 2012 with a bid opening date of
November 16,2012. Four(4) addenda were issued to provide additional information and to respond
to all questions submitted by the prospective bidders, thus extending the bid opening due date to
November 21, 2012. Bid sync issued bid notices to 183 prospective bidders, and a total of seven (7)
companies downloaded the document. Additionally, Procurement sent notice to four ( 4) vendors.
The notices resulted in the receipt of three (3) bids from the following companies:
1. Austin Tupler Trucking, Inc.
2. G7 Holdings Inc. d/b/a Garbageman.com
3. Superior Landscaping and Lawn Services, Inc.
Superior Landscaping was deemed non-responsive for not meeting licensing requirements at time
of bid submittal. A General Hauler Permit is required for these services, which Superior does not
hold.
The following table shows tabulated results:
' -..,.....-· ·~~----~·-. I l I
I G7 Holdings d/b/a ·~ustin Tupler -~~· --f-Garbageman.com Truckin , Inc.
I ;
I Description
I Removal of Construction Debris
~-~ -
I l Removal ___ o_f A_s~e_h~a_lt_~---·-_l
Unit Price l Unit Price
-$29.50/To::=r= $31. 75fT on
$7.00/Ton 1 $15.60/Ton
1
j
i
Award is being recommended to the lowest bidder G7 Holdings, Inc. d/b/a Garbageman.com as
primary vendor, and Austin Tupler Trucking, Inc. as secondary vendor. Should the primary vendor
fail to comply with the Terms and Conditions of this Contract, the City reserves the right to award to
the secondary vendor.
G7 Holdings is a Miami-Beach based vendor that has been in business for over 12 years. G?
Holding is currently under contract with Miami-Dade County for Emergency Debris Removal Bid
6417-0/17, and Miami-Dade County Public Schools for Emergency Debris and Hazardous Tree
Removal Contract 036-MM06. Both of these contracts are pre-qualifications of vendors authorized to
do work for the County and School Board.
52
ITB 3-12113-Removal and Disposal of Construction Debris and Asphalt
January 16, 2013
CONCLUSION:
Based on the aforementioned, the Administration recommends that the Mayor and City Commission
award contracts to G7 Holdings, Inc. d/b/a Garbageman.com as primary vendor, and Austin Tupler
Trucking, Inc. as secondary vendor, pursuant to Invitation To Bid (ITB) No. 3-12/13, for removal and
disposal of construction debris and asphalt, in the annual estimated total amount of $133,960.
T:\AGENDA\2013\January 16\ITB 3-12-13 Removal & Disposal of Consir Debris and Asphalt MEMO.doc
53
C2-Competitive Bid Reports (Continued)
C2F Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 07-
12/13, For The City Of Miami Beach Bayfront Street End Improvement Project For
1Oth Street, Authorizing The Mayor And City Clerk To Execute An Agreement With
Ebsary Foundation Co., In The Amount Of $123,450.00, For The Construction Of
The Project, Plus Approve A Project Contingency Of 1 0% For A Grand Total Of
$1,357,900.00 {Subject To Commission Approval Of The First Amendment To The
Capital Budget); Further Authorizing The Administration To Engage In Value
Engineering To Further Reduce The Cost And Time For Completion Of Said Project.
(Public Works/Procurement)
(Memorandum to be Submitted in Supplemental)
Agenda Item C~ F ------
Date_____;../_-~..;;.,b....;.,-l_i'---
54
THIS PAGE INTENTIONALLY LEFT BLANK
55
C4
COMMISSION COMMITTEE
ASSIGNMENTS
(9 MIAMI BEACH
City of Miami Beach, 1700 Conve>1tion Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks. Interim City Manager?/.;4.1-.
January 16, 2013
A REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, A
DISCUSSION REGARDING THE JEWISH COMMUNITY CENTER'S REQUEST
FOR REIMBURSEMENT IN THE AMOUNT OF $241,000 FOR COSTS
ASSOCIATED WITH RECONSTRUCTING THE SEAWALL ALONG THE CITY~
OWNED PROPERTY LOCATED AT 4221 PINE TREE DRIVE.
ADMINISTRATION RECOMMENDATION
Refer the item to the Finance and Citywide Projects Committee for discussion.
BACKGROUND
On June 3, 1981, the City first leased to the Jewish Community Centers of South Florida, Inc.,
City property located at 4221 Pine Tree Drive. The purpose of the lease was to allow JCC to
use the Premises as a recreation center. The original Lease was amended and extended on
three occasions, such that the lease term extended through to October 31, 2015, with two
additional ten-year options, and was assigned to Miami Beach Jewish Community Center, Inc.
(JCC or Tenant), a not-for-profit corporation (Resolutions 84~17863, 85-18280, and 88-19226).
On July 12, 2000, the Mayor and City Commission adopted Resolution No. 2000-23994
approving an Amended and Restated/Consolidated Lease Agreement, subject to referendum
(subsequently approved on November 7, 2000 in a Special Election under Miami-Dade County
Charter §6.02, by a majority of voters residing in voting precincts located within one mile of the
property}, generally incorporating, but not limited to, the following provisions:
1 . extending the term for 99 years, to 2099;
2. establishing rent at $10.00 per year;
3. defining "Permitted Uses" to include recreational, cultural, educational, social service and
minor and incidental religious uses;
4. providing for payment of fair market rent (to be determined by market appraisal), in
connection with any area/room, limited to 2,000 square feet in size, that may be used for
religious services, limited to a maximum of 1 0 holidays per year;
5. setting forth construction parameters, specifically addressing review requirements
(including Design Review Board review and approval), construction commencement and
completion deadlines, and required a minimum investment of $2 million in improvements
for which a building permit must be issued within five (5) years from the commencement
of the Amended and Restated/Consolidated Lease, subject to reasonable extensions;
and
6. extending the construction area, previously restricted to two (2) lots to all three (3) lots
comprising the City's property, in accordance with the concept plan;
57
Agenda Item C ilfl
Date /-/6-13
FCWPC Referral -JCC Request for Reimbursement for Seawall Repairs
Commission Memorandum
January 16, 2013
Page 2 of 2
ANALYSIS
JCC's new 36,000 square foot facility received its Temporary Certificate of Occupancy (TCO) on
September 25, 2012 and opened its doors on October 2. The $10.4 Million Project includes a
4,200 sq. ft. pool, cycling studio, art studio, racquetball court, sports field, gymnasium and a 3,100
sq.ft. fitness room. The JCC is currently working on remaining punch-list items to close out the
Project and obtain its full Certificate of Occupancy (CO).
On November 19, 2012, correspondence was received from JCC's President, Jerry Sokol, asking
the City to reimburse the JCC for the unforeseen expense of having to rebuild the entire seawall of
the City's property fronting Indian Creek, totaling $241 ,000 and exceeding JCC's available project
contingency. A copy of this correspondence is included as Attachment A to this memorandum.
Although the seawall is technically not within the JCC's leasehold boundary and consequently
never contemplated as part of the project's scope or budget, according to the JCC, the re-
construction of the seawall became a necessity in order to stabilize the property and more
specifically, support the new swimming pool located on the east side of the Premises. The need to
replace the aging seawall was determined during the initial engineering assessment of the
Premises, which consequently resulted in having to obtain permitting approvals from Miami-Dade
County, Florida Department of Environmental Protection (FDEP) and the US Army Corps of
Engineers (ACOE). In order to avoid further delays to the Project, JCC proceeded in good faith to
undertake the work, which was funded in part from available contingency funds. Consequently,
JCC is now seeking reimbursement from the City, which based upon a review of the survey, is the
defined upland owner of the seawalL
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.
KGB/UL!~KOW
AttactWr: 7
T:IAGENDA\2013\01-16-13\Referral to FCWPC JCC Seawall Reimbursement.doc
58
Gafbut Farnify
Ill y Miami Beach cc
Simkins Family Campus
PRESIDENT
Jerry Sokol
OFfiCERS
Jennifer Bernstein
Vice President
David Filler
Vice President
Tara Katz
Vice President
Randi Lawrence
Vice President
Debbie Serbin
Vice President
Carrie Wiasenfeld
Vice President
Steven Klein
Secretary
Robert Glick
Co-Treasurer
Ricky Stokes
Co-Treasurer
Amson Sokol
Member at Large
Claudia Brod
Immediate Past President
Stacey Gumenick
Immediate Past President
BOARD OF DIRECTORS
HindaAdler
Alan Amdur
Neal Berman
Stuart Cohen
Robert Daniai
Ron Denman
Joi Fiske
Eric Gould
Dan Hoffman
Vanessa Kreistein
Elisheva Levin
Elise lipoff Mayer
Brad Meltzer
Robert Newman
Allyson Papunen
Linda Schechter
Adam Sr:hfmel
LenlSender
Mike Simkins
Andy Sklawer
Joy Spill
Aaron Tandy
Leslie Tobin
PAST PRESIDENTS
Gerald K. Schwartz
Dr. Ronald Shane
Dr Doug Milier
Peter Perkei
Robert Goldstein
David Smith
Gary Epstein
Robin Jacobs
JoySp!li'
Elise Lipoff Mayer
Allison Sokol
'Served two terms as president
Jay A. Roth
Executive Director
November 19,2012
Kathie Brooks
City Manager
City of Miami Beach
1700Convetion Center Drive
Miami Beach, Florida 33139
Dear Madame Manager,
ATTACHMENT A
JCCs of North America
www.mbjcc.org
! ._·.
Since 1981, the Miami Beach Jewish Community Cente.r has occupied the City-owned property
at 4221 Pine Tree Drive. In 2000, a new lease was crafted, subject to referendum, which
extended the lease until2099 provided the JCC invest, at a minimum, $2,000,000 in upgrades to
the facilities.
The JCC embarked on an ambitious building program, culminating in the grand opening last
month of the new Gal but Family JCC, located on the Simkins Campus. It was the commitment of
these two families, along with the contributions of thousands of individual donors, as well as
the unwavering support of the City that allowed this project to move forward.
If you have not had the opportunity to visit the magnificent facility that is open to all, I hope that
you will take an opportunity in the next few days to stop by. You will see for yourself that the
building exceeds the minimum investment requirements. We strived to complete a f1rst class,
family-friendly community center, and we believe we achieved that goal and more!
However, there were many unexpected expenses with this project. One item we did not
anticipate was the need to rebuild the entire seawall of the property. This was done not only to
protect the new building, but to stabilize the navigable Indian Creek Waterway.
The cost of this portion of our project exceeded our contingency budget and we are asking the
City reimburse the JCC for this $241,000 cost. I have attathed a copy of the contract for the
construction of the seawall as well as the plans so you can see, as we believe, this infrastructure
should have been the responsibility of the City.
If we are required to contain the cost of this seawall in our budget, scholarships and other
specialty programs will have to be limited. We strongly believe that the resources of the JCC
should be devoted to the child en of our community, not the infrastructure of Indian Creek.
edures or additional documentation we need to follow to have
I\ beneficiary agency oi l '
Cjrcnter f\Ainnlf J-c:vvisl'1 Federation
11221 Pine Tree Drive • Miami Beach. FL 33140
Olficc (30b) 5:34 3206 • Fax (305) Li31-7Gfl1
59
cc: Honorable Mayor Matti Herrera Bower
City of Miami Beach Commissioners:
Commissioner Jerry Libbin
Commissioner Jorge Exposito
Commissioner Michael Gongora
Commissioner Jonah Wolfson
Commissioner Edward Tobin
Commissioner Deede Weithorn
MBJCC Board of Directors:
HindaAlder
Alan Amdur
Neal Berman
Jennifer Bernstein
Claudia Brod
Stuart Cohen
Robert Dania!
Ron Denman
David Filler
Joi Fiske
Robert Glick
Eric Gould
Stacey Gumenick
Dan Hoffman
Tara Katz
Steven Klein
Vanessa Krelstein
Randi Lawrence
Elisheva Levin
Elise Lipoff Mayer
Brad Meltzer
Robert Newman
Allyson Papunen
Allison Sokol
Linda Schechter
Adam Schimel
LeniSender
Debbie Serbin
Mike Simkins
Andy Sklawer
Ricky Stokes
Joy Spill
Aaron Tandy
Leslie Tobin
Carrie Wiesenfeld
60
KM·:PijAZA
II IIIII
SUBMmEDTo:
SUSMffiEO BY:
DATE~
THE GA!..IlUT fAMILY JEWISH COMMUNITY C£NTER
4221 PINHREE DRIVE
MIAMI BEA<:B, FlORIDA 33140
TRADE SUBCONTRACT
"SEAWALL CONSTI{UCTJON WORK"
BK MARINE CONSTRUCTION, INC.
3500 S.W. 14m Snm:r
DEERFIEI.D 8t:ACH, flORIDA 33442
BK MARINF. CONSlRUCTlON, INC,
MATT WooNTON
KM • PLAZA, A JOINT VENTURE
MICHAEL METCAlFE
SEPTEMBER 28, 2011
61
Vendor Code No.:~---------------
Projecl: ____ _
Permit No.:----~---------···--·-·
SUBCONTRACT AGREEMENT
Svbconlroctor license No.:_~f:'_c:__g_,I~J:.~;; 0 Expiration Dolo:
THIS SUBCONTRACT AGREEMENT !lho "Agreo111cn!", is horoby made ~his ~-cloy of Mptember, 201] by
and between KM/PlAlA, A JOINT VENTURF Of KATZ MELTZER CONSTRUCTION COMPANY ANO PLAIA CONTRACTING
CoMPANY LLC, o Florida Corporolion d/b/o ho:reinofter called "Contr<>cfor" ond Jl!LMAJlJNe CONSTRVCTIQN.
~ "hereinofter caHed "Subconlraclcr".
Recitals
WHEREAS, the Cor.lroclor ls iho gorwrol conlraclor !he followl.~g prajecl: Ihe Galbut fgmil)! J~m
~tmuunity_.C..~Dl!ll (I he "Projed"), consisting of !he ~.2ID!ll!JM~!:.D.mr..J2~~..2LeinetreQ
Driv!h Mimn.l Begch. Flori~AQ (:he "Ji)b~ile'') pursvonl !o Jho contract between the Conlractor and
Miomi ltQ.QiliJ.ewi"~hh~Ji.QJl (lhG ''Ownor")i ond
WHEREAS, tho Conlrodor desires to engage the Subcontractor !o perform Work for !he project, os set forth in the
drawings and specifica!lons set f01!h in Exhibit A, otlochod hereto end incorporated herein by this reference
(collecllvo!y, the "Drawings"}, and with 5vch ddilionol scope sel forth in Exhibit B, aftached hereto and
incorporated herein by ihis reference;
NOW, THEREFORE, !he Contractor and !he Subcontrc•cfor, for the coosideralions hereinafter specified, agree os
follows;
L The Work.
1.1. The Subconlraclor ogreos to furnish all of tho !abor, maleriols, superv1s1on, seiYices and
equipment neceswry to paS$ final inspection for o!l work, set forth on or reasonably inferable
from the Drawing~ idonlifiod in Exhibit A a$ wei! os such oddHionol scope identified in Exhibit
B {General Requirements), hereinafter collecllvely called tho "Work"), all of which exhibits
ore incorporated herein by this reference. This Agreement, together with the Drawings, and the
Exhibits incorpor\lled into this AgreerriO!ll, shail be referred lo herein as the HConlracl
Oocurnenlsn. fn !ho event ihol !here is a conflict bo!Woon tho !arms of this Agreement ond Exhibits
A ond S, tho term~ of this Agreement ~hail govern first, then, the more strict requirement shall
apply among the exhibits, The Drawing& ore port of !his Agreement, os well as being par! of the
con!rocl between !hu Owner end the Contractor. The Svbconlroctor acknowledges and agrees
that tha Work shall include all !obor, materials, supervision, services and equipment made
necessary lc bring the Work, or any portion !hereof, in compliance with applicable lows,
inclvding bvl not llrniled lo additional work rwcessory for the Work, or any porlion thereof, to
poss inspoctlo') by building or zoning officiols making reasonable inlerpretotlon of applicable
law.
1 .2. The Subr:cn!rodor ogree$ to be bound !o lhe Conlroctor for lhe Subconlroclor's Work lo the
oxlonl thot !he Con!rctc!or is bound lo the Owner undor lho confrocl be!ween the Conlrodor and
tho Ownor.
Pngr 2-of !7
62
I .3. Subcontroc!or shall keep the premi;es c!eon frr;rn waste moleriols and rubbi~h. At the completion
of tho Work, Subcon!roctor ~hall remove from the Job4ife c1ll rubbish and ony other surplus
maleriols and ieove the prorr.isos broom cloan.
1.4. Ali labor employed by !he Svbconlraclor ol Jho Jobsite shall be subject to lha Conlroctor's
approve! and in the even! lhe Conirccior finch foul! with ony employee or sub-&ubconlractaf for
any reason whot~oover, said cmploye<e or sub·svbconlractor sho!l immediola!y be removed from
the Jobsiie and replaced. />.ny sub·subconiract enfc,red into by the Subcontractor for the Work
shoJI preserve and pra!eci tho righ!s of tho Conlroclor and the Owner under this Agreement, so
that !he sub·subconlrocting !hereof will no! prejudice such rights, and shall require svfHcient
insurance, ond lion releases fOI pwlio! ond finol payments on !he some terms se! forth in this
Agr,;,emenl.
1.5. The Subcontractor agroes lo hove on <lcceptob!e reprcsentolivG (an officer, il reqvesled by !he
Conlroctor) present a! all iob meelings and !o submit weekly progress reports in writing, if
roquesfed by tho Conlwc!or, Any job progress schedules ore hereby mode port of lhis Agreement
ar:d oro incorporo!cd herein by referonco.
1.6. Ill! ma!criol:, flxlur<l$, ond const~uclion ilems set in place and mode pori of the Work shall
immediately bocon1o !he property of lhe Owner, excepi for tools and material$ nol incorporated
!nlo or made port of !he Work.
1 .7. All Work shoH be done subjec! lo the final opprovol of Owner, Contractor end Architect, and
their decisions O$ !o lhe whether or noi !he Work has been performed in accordance with the
Drawing~ onJ Spoclficoilom and lho quoliiy of construclion, >hall be final.
1.8. Subconlraclor sholl comply wilh the provisions of !he florida Industria! Commission Safety
Regvla!ions onJ ol! other oppliwble lows of lho Slate of florida, os well as the clty and county
where the Projocl is located m well as !he Sc1fety and Health Guidelines aflached herein as
Exhibit H.
1.9. Subconlroctor acknowledge• the! he is forniliar wilh the Willioms-Seiger Occupaliona! Safely and
Heolth Act of 1970 and all amendments !horolo as woll m all other U.S., slate and local safely
roqviroments. Accordingly, Subcontractor shall provldo oil necessary and required safely
nwmvro~ for !his work and &holl ons\JfO that his personnel comply wi!h oil applicabfe lows, rules
and regula!ions.
I. 10. At !ha discretion of the Conlroclor tho SubconlrocJor will work on Saturdays ot no additional cost.
1. 11. The Subconlractor sholf Hro proof any penelrofions to a rated fire wall wllh an opproved Fire
Rating SooiGnl.
J. 12. Unless otherwise specified, the Subconlroc!or shall submit twelve ( 12) sets of blue line prints and
one set of CAD drawings whew raquir<1d for !he work of various trades requiring Shop Drawings.
The Shop Drawings shall be prepared by skilled draflsmen and presented in clear ond thorovgh
manner. Where brochvros c1ro opplkablo, noi loss thon !wolve (12) &els of brochllres shall be
wbrnillod,
1, 13. If Miomi·Dode County produd Control approval is required for any element of the Work, il shall
be the Svbcoiliroclor sole ond exdusive responsibility !o svbmH and obtain the necessary
approvol, permits, etc.
1. 14. lnduded ln the scope of Work is I he complete coordination of the Work with the work of other trades
ond the complete ini<:r;Jmlion of !he various syste>ms fvrnished and installed a~ part of this Agreement
with the systems provided by others. As port of the coordination procedvre this Subconlrodor shall
ol!er1d meetings os required by !he Owner, Archftecl and Contractor and provide information for
review by other !mdo subcontmclon;, as well os review information provided by others which
cancelloilon shall be dono in such <I manner as lo be expeditious ond in no way cou>lng delay to
oiher 1rc1des or the Pro{oct in gof1(\lro!. Coordination and inlegrolion of systems and/or equipment
l'n~;r 3 nf 17
63
will also lndudo the devclopme!ll of composite drawings, ond includes but is not limited to, the
following:
1 . 14 .1. Location ond/ or relowlion of equipment wilh tho confines of a given space or general area
prior lo insk,liolion lo maximize occessibilify, sorviceobilify ond improve operation as well
as rosoivo conflicl$ betweon trades.
14.2. Pwvido odequotc .. qualified personnel lo in1loil, chock out ond/or verify operation of
equipment end/or systems which require lhG hwolvement of the Subcontractor as defined in
the Conlmc! Documon11 This includes to~ling by representolives. of the engineers, Architects
or Owner's (lfiCnls.
14.3. Provide di necessary pre pow lory work to per mil a!iochment, connection and/ or integration
of any kind for ond/or with lhe work of olher twdes, No oddiHond cosls wiil be occopted
for any relocations or ilqviprnenl or appurfononcos due !o conflids wilh exi$tlng or naw
~ys!ems.
1, 15. If any Work h(lS boon covorod conlroty to this Agroemont, or instructions of !he Controclor or
1\rchHed before it has boon observed by the Architect or Contractor, svch Work must, if required by
the Conlwc!or or Archiled, be uncovered for il~ observation and replaced and recovered, ot the
expense of !he Subconlrocfar ot foull and wiiiK>UI rolmbur>omonf under !he Subcontract. If any
questioned Work hos bee.n coverod up which hos nol been specifically requited lo be obseiYed by
the Architect or Ccnlrador prior !o being covered, ihe Archite.;:! or Contractor may request lo see the
Work in que:;fion ond it shaH be uncovered by the Subcontrodor as direc!ed. If such Work is found
to be in occordar.ce wi!h !he requiromeols of !he Contract Documents, the Contractor shall reimburse
the Subcon!raclor for lhe cos! of such uncovering and rocovoring, when reimbursed by the Owner. If
~uch Work is found lo be no! in accordance with lhe Conlracl Documents, !he cosf of uncovering,
replacement and recovering shall bG borne by the Subcon!roclor without reimbursement.
1. 16. If after the commP.ncemonl of !ho Work !he Corlroclor or lhe Archilecl determines that any Work
requires special i11spoc!ion, testing or approval, he will, lns!rvcf the Subcon!raclor to order such
spociof inspeclion, !e~ting or approval. If such specid inspaclion or les!lng reveals a failure of the
Work lo comply I 1) with tho requirements of the Con!rac! Documonls, or (2} with respect lo the
performance of the \A/ork, with lows, ordinances, rules, rcguloHons or orders of any public aulhority
having jurisdiclion, thu Subcor>traclor ol fault ~hoi! bee~r ali cosis thereof, including the Architect's and
Conlroctor's additional teryicos mode necessary by such foilvro; o!herwise !he Owner shall baor such
cos!s end on t1pproprfo!o Change Order shoii be issued,
l.17. Hozon.luus Ma!eriols.
l . 17.1 . in the oven! !he Subcon!mcior encovnlors on the ~i!e material reasonably believed to be
mbosfos, polychlorirwlod biphenyl !PCB), load or other hazardous substance (hereinafter
coiled "Haza(dou~ Molerial'') which has not been renderod harmless, the Svbconlraclof
sho!l immodio!ely slop Work in the awo affocled and report !he condition to lhe Contractor
ond !he Owner !n wriling. The Wotk in tho offected oreo shall no! thereafter be resumed
except al !he direclion of 1he Owner end when !he Hazardous Material has been rendered
horm!ess.
17.2. Prior lo commencomen! of tho Work, the Svbconlwclor shall require manufoclurors of all
materials ond equipm~>nl for !he Work to provide certificollons, warranties or slalemenls
tho I such ;rKtlerials or fK1Uipmenl ll) ore free of Hazardous Materials, or {21 confoim
specific omovn!> of Hawrdcv$ Moleriob ond rocornmendalions regarding handling such.
Such c.:rtificalions, w<~rranlies or slotemenl$ shall be in writing in a form accoptoble to !he
(Qntroctor ond Owner, ond shall be forwarded by tho Subconlroctor lo the Contractor and
ArchihKL If lhe Monufociurer stotas tho! a moleriol or equipmoni conlains Hazardous
Motcricb, !he Owner shoil be afforded adequate ond limely opportunity to order thai olher
moleriols be subs!ilulod withovt cousir~g delay to lhe Project.
64
2, The Subcontract Sum.
2. L Tho Coniroclor ogr\J<)S !o poy ihe Subconl:oclor for !he Work provided for in Section 1 hereof,
ihe sum of IWQJ:fYtiQ!!l!L..f.Ql!I'f._91':1~.JtlQY~NIL dollars ($2.4.1A:W..O...Q.Q) (the "Subcon!rocl
Sum") in curran! funds, which includes ony opp!icab!e Ia xes, subjac! to additions and deductions
for agreed upon chonges.
2.2, On or before !he l5'h day of oach month requlrod by the Controc!or, lhe Subcontractor shall
wbmillo !ho Con!rcctor, in tho required sol forth herato o~ in Exhibit C, o written requisition for
payment showing 1IH7 proportionate volue oi !he work instollod to dole, from which !he amount of
~oid requisl!ion is opprovvd by !he Conlraclor, !he Svbcontroc!or should be paid on or aboutlhe
30'' day afler the final occepiob!o submission of tho requisilion. AI !he lime of each progress
payment mode by !he Conlraclor to !he Subcon!roc!or, lhe Subconlroclor shall produca and
delivor Ia lho Contr<1c!or o full and comp!ale release to dolo from oil persons who have furnish
materials or labor in connecHon with lht~ Wc1k cmd shall also execute any offldovil which the
Conlrc~elor may require reiolino lo the right of ony par!y cr parties to hove or maintain o lien
upon soid Work, or the land upon which the same is situated, in conneclion with any materiah or
labor furnished during porforrnonco of !he Work. Rotoinogo wlll bo withheld from progress
pc1ymorls in lho somo propor!ion !hoi il is withheld from paymen!s from the Owner to the
Con!r<Kior, Reloinuga will be relcwseJ in o:nounls ond of limes dalerrninad by !he Controclor in
if:. sole discretion. Paymcr.ls olherwisl' due moy be wilhheld on account of defective work which
has nol be<ln remedied, Hens whkh havG been filed rmd nol discharged, unadjusted damage
dono by Subcon!roc!or !o others, for failure lo make proper payments for materials, labor and/or
olher subcontrodors, or for thos17 reasons set forlh in Soction 2. ll herefo.
2.3. Receipt of paymenl by the Conlrac!or from lhe Owner for tho Svbconlrador's Work is a condition
precedent lo Con!rodor's obilgv!iom lo nwke payment lo the Subconrrac!or, regardless of the
r0oscn for Owner's nonpc1ymcnl, whether ollribuloblo !o fm;ll of tho Owner, the Conlraclor, the
Subcon!rodor, or any other cous<:l. Payment as V$ed in !his clause shall include retoinage,
progrc:,s poymon!:;, paymenl for change orders and extm work, and final payment.
2.4, Any work which is not 0 part of ihe Drc:w1ngs ore nol C011!0ined in !he scope of this Svbconlracl
AgreenHllll, must have wdllen approvd prior to !he work being storied. The Subconlrodor
waives any odditionol compem(!lion for addillonol work perfocmed wilhoul on execuled change
order,
2.5. Upon execution of lhis Subconlmcl Agreement, the Subconlraclor will deliver to the Contractor for
the Conlroclor's upprovd, o schedule of vofues substanlloi!y in the form of AlA Document
G702/G703, iisling the liPe ilem description of work and lheir corresponding labor and malarial
cosls. In !he cvonl !hat the Conlrac!or disapproves ihe schedule of values, !he Subconlroctor lhaU
(()Vise il until i! mcef5 tho approval of !he Conlroc!or. Proposed Reqvisi!ions wil! no! be accepted
for processing wilhoul the opprovod schedule of values alfached theroto.
2.6. Tho Svbcontroclor agrees, in oddi!ion lo payment of oil wages to the Subcontractor's employees
m provided heruir~, !hoi ihe Subconlroclor wiil promptly poy lo, for or on behalf of, the
5ubconlroctor's employees, all fringe benefit!, dues, assessments or other payments required to
be paid by tho Subcon!ractor under the terms of any ogreernenls, oral or written, with any labor
organizolion or person. F<!iluro on the part of lho Subconlwc!or to abide by and perform under
tho forms of the Pmograph shall give the Cor1troctor the rlohtto terminate tha Subconlracl and lo
wiihhold all further pc:yments frorn tho Subc.on!ractor.
2.7. In !he oveni ony employee of the Subcontractor files ony mechanic's lien or serves any Notice lo
Ownor bocou~o ol tho Subconlr<tclor's fallura to promp!ly pay to, for or on behalf of, any
ornpfoyoc ony wonos, frlnna benefits, duos or assos$manls, then, within tan 11 0) days, the
Subcontraclor sholl obtain from iho person filing or salVing >uch notice or lien, a complete release
ond woivor ol any nJ(ilchunic'~ lien and deliver wd1 releosa and waiver lo the Owner and
Sub~on!mcl Agrevmcnt l'ng~ 5 of !7
65
Conkoc!or. If any >vch rGiemo of ;nechonic's lien is nol delivered lo !he Owner and Conlraclor
shclil hove the right to lerrninc!c !he Subconlroct and to withhold oil further poymont$ from the
Subconhoclor.
2.8. lhc S\lbconfroc!or hcm;by ochowiadges lh<1l H relies solely and exclusively on the credit of !he
Owner, nol !!w Conlroclor, fot poymen! of iho W(>rk.
2.9. The Svbconlroctor shall be rosponsib!o for cornplianco with all Provoiling Wage Role Schedule
and Equal Opportunliy of Employment requiromcnis, if they ora applicable to the Project.
2. l 0. Subconhoclor sho!l pay for clil applicoble lederol, siCI!e ond local taxes on o!l maleriob, robor Of
services furnisheld by him, and ell! loxo5 mlsing out of hi5 operations under the Controcl
Documents, which may be impos<~d upon or collectible from the Owner or Con!roclor or become
o lien ogoind his propor!y. Such t0xos shall indudc,, but r.ot be limi!od to, occupational, soles,
use, excise, old ago, employee, !ease, benefit and unernploymenl taxes, cu~toms duties and all
incomo laxes ond other !oxos now in force or hereofler enocted prior to Flnol Acceptance of the
Wo1k.
2.11 . Poymenl may be withheld if the Architect or lha Contractor declines Ia approve on Applicolion for
Paymeflt, or if the Archilect wiihhokis his cer!lflcalion, in whole or in pori, for anyone or more of
the following reason>, or if !he Ccn!wctor or tho Architect declines !o approve ony Application
for Puymonl bocovse of subsoquenlly discovered evidonco of the following or for other good and
St•fficienf reason:
2.11. 1. defoc1ivo work or mo!oriol not remedied;
2.11.2. doims filed or roosonablo evidence lndicoling probable filing of doims;
2.ll.3. failure of Subconlrador to make payments properly to sub-subconlmclor or for labor,
HJivk.es, moloriols or equipment;
2.11.'1. roasonob!e doubt tho! lho Wo1k con be complctod for the unpaid bakmce of the
Ccn!rt1CI Price or by !he CompleHon Dote;
2 .J\.5. domago !o onolhor svbconlrocloi;
2. ll .6. unso!isfoc!ory prosecution of lhe Work by I he Subcon!roclor;
2. ll .7. erroneou:. eslirnoles by the Svbconlracior of the vahJe of the Work performed;
2.ll.O. vnoulhorizt~d devio!ions from !he Cor.trocl Documents; or
2. 11.9, failure or rdvsolto pmvido ony documontolion required herein.
2, 12. finol poyrn<:lnls sho!i be due thirly (30) days oflor finol completion of the Work; provided,
however, I hal sold Work mae! with Owner's approval. Tho Applkotion for Final Poymenl shall be
accornponied by ihe some Jelail5 <IS sci forlh horeiiwbove for lhe opp!icotion of parliol payments
except, howcvor, final paymenl :dwll fur!har be canlingont on the following:
2,12. L A full ond final woivor of all !ions in connection with fhe Work shall be svbmilted by
Subcon!roclor and ils suh·subconlraclors, which waiver of lien shall ba in a form os
approved by Conhoclor. in !he oven! !hoi ony such release or waiver of lien Is not or
cannot be furnished, !hen !here shall be fvrnished lo Owner a bond or other security
reasonably s'(,J!sfac!ory to Owr;er io indomnily him against ony $VCh lien,
2.12.2. Subconiraclor >ho!l hovo modo, or caused lo hove been made, all corrections In his
porlion of lha Work which are required lo remedy any defects therein or violations
lheroon or obJoin compliance wilh !he opplicob!e drawings ond specificolions Q( any
requiremcc,ts of applkab!o codes ond ord!iJOt\Cos or !o fulfill any of the proper orders or
direction$ of !ho Owner, Conlroclor or Architect required undur his Subcontract.
Subcontract Agreement l'ug1: 6 of !7
66
2. 12.3. Subconlroctor, through Conltocior, shall hove assigned ond delivered to the Owner oil
wrillon gc;arontees, worronlies, slc:!omenls of Appiicotion and bonds required by thii!
Controc! Documents lor lha Work or any porlion thereof.
2.!2.4. Subconlraclor shall hove furnished lo the Conlroclor cmd Owner a detailed sworn
S!oh:mwnl of all li<)ns, claims and demand~, just or unjust, of sub·subconlrodors,
materialmen ond olhe>rs th0r1 outskmding or which the Subcontractor has reason lo
beliGve mav horJ;Jafler be mode on account of the Subcontract Work or the performance
lhoroof. ,
2.12.5. SubcQnlroclor shnll hove delivered lo the Owner ond Conlmclor a general release of
liem, doims and demands, and on nlfidavif to the effect tho! insofar as Subcontractor
has knowledge or infamwiion such rdoasos and wcclp!s include all lhe Iober, material$,
supplies, equipment and other services or Hems for which o lien, claim or demand could
be filed or asserled. In lieu oi such olfidovit, the Subcontractor may, if the Owner
consent~, furnish u bond so!isfoclory lo rhe Owno;;f indemnifying !he Owner ogainsl any
$Uch lien or dernand,
2.12.6. Subconlroclor ~hall hove furnished !o Contractor any and all other documentation,
approval~, sign·offs or records required herein.
2.12.7 Tho Archited sholl hove) iswed o linol cerHfkoto for payment.
3. Subcontract Timo.
3. L The Svbcontrador ogwos lo begin Work wilhin lhroo days of!er wrilfon notice to the
Svbconlroclor by !ho Conlroc!or and shall adhere !o the proled schedule a!loched hereto and
inccrporaled herein by thi$ rofGr<lnce as Exhibit 0 [the "Project Schedula"j, as amended from
time Ia lime, and shall £ub~!anlially complo!e tho Work wilhin tho lime set forth ln the Project
Schcdulo, or ol wch \)lher dale required by any omendrnenl lo the Contractor's schedule after the
dolo horoof {the "Sobcontrocl Tirno"). Time is of 1he ossonco for the Subcon!roctor's obligations in
this Agree~·lonl.
3.2, The Work sholl be considered ''subs'ontidly compk•te" when i! is comp!e!e (except for punch list
Hem~l. con be V$Od for its intended purpose, cmd has pmsed ony required governmental
!nspeclions, fhc Work shall be flnolly complele when !lw punch !isl items hove been completed
Ia the Contractor's ~atisfactlon.
3.3. Tho Subcon!roc!or shall no! be onmiod to any additional Subcontract Time unless !hera ls on
oxcusoble deloy, as set forth in this Section 3.3. An excusable delay is o delay for which the
Svbconiroclor, in the exercise of reasonc:ble diligence, is unobfe to prevenl or provide against,
such as war, riot, civil s1rifo, lcrrori~l atlock, natural or nuclear disasters, or other similar acls of
God, or by the neglecl of tho Ow;,or or tho Controc!or, The Subcontractor shall noli!y !he
Con!rac!or, in wririrlg, within fivo (5l days of thll even! giving rise to ihe eXCv$able deloy, or shall
bG doomed to havo waived ony claim for oddi!ional Svbcontracl Time. The Subconlroclor's sole
renwdy for an excusable delny sholl be on extension of the Subcon!roct Time.
3.4. The Subcon!mclor shall cmry on sold Work prornpily, effkienliy and speed that will no cause
ddoy in the progress of C<mlrock;r's work <•r the work d olher svbcontrocfors. If, in the opinion
of lhe Con!roctor, tho Svbc:ontroclor foils behind in the progress of the Work, the Contractor may
direct tho Subcontractor to k1ke such ;;rGps 05 the Conlroc!or deems necessary to improve the role
of progress, indudino, w\lhoul limi!Qtion, rGquifing the Subcon!roclor to increase the number of
shifls, peisonnel, plant, or other remedies and lo &ubrnl! lo the Contractor for the Contractor's
approval a schodvlc domonslw!ing the manner in which !he required rate of progress wiU be
a!!oined, without <:Jddilionol cost to tho Ownor and/or !he Contractor. The Conrroc!or moy
roqu!rc ihe Svbr;on!Joclor lo pelfonn in prefumnce to other paris of the Work, such port or parts
of lhc VVork m noquircd by the i'rojacl Schedule prepored by the Contractor, as it may be
Subc(mtmcl Agr~cnwnt i'>l;:c 7 of 17
L1i1in!Bdow:
67
3.5.
3.6.
4, Changes.
4.1.
4.2.
4.3.
4,4.
amended frcrn tirne lo time. The prognm schedulo may be reviewed in the office oF !he
Coniractor ond lhe soquenco of construc!ion will be as direcied by the Conlroclor.
The Subconlrodor shctll schedule i!s Work, !he presence of its employees and its sub-
subconlrodors ol the Jobsi!e and any of ils deliveril3s of supplies or materials to !he Jobsite, on
lhoso doys and limos tho! tho Conlroc!or $pacifies.
Unlo:;s o delay in !ho Work is on excusable doloy as &CI forth in Section 3.3 hereto, the
Subconlrodor shol! be liable to lhe Conlroc!or for any damages for da!ay incurred by reason of
the Svbconlroc!or's Work. In 1he event that the Conlroc!or's conlrac! with the Owner contains a
liquida!ed domoges douso for dolcy, lhs Subconlraclor ~hall be liable as liquidated and agreed
domogos, ond no! os a penohy, lor tho porlion of ihe liquidated damages a!lribuiable to the
Subcontractor,
Tho Conlrodor may, without invcdidc1Hng this Agreornanl, order clwnges lo I he 'Nork. Before any
oddi!ionol Work ls performed, lhe Conlractor cmd ihe Svbcon!roclor sholl enler into a wri!lon
chonge ordar, cmd provid<J o complele breakdown of lobor and molerials and adhere Ia the unit
prices s<:l forth in Exhibit E !Unil Price~ and lc1bor Rotos), provided by the Subcontractor and
opprovGd in writing by lho Conlrodor, and !he OwiHlr !I tho change constilutes o change In the
Con!roclor's scope of work. A11y odfu>fmonllo the Subconlrod Sum ot !he Subconlrod Time shall
be ogrosecl by !he !;arlies ln !he change order.
If the Subconiraclor wishes lo wquost o change order, I he Subconlrodor shall give the Contractor
wrilten nolicc !hereof, no! more !hon five (5) days offer lho occurrence of the evant-giving rise to
such cbrn, or shall have woivod ony claim for oddi!iono! compemollon related to the change.
This notica shall bo given by ihe Subconlroc!or before proceodir.g to execute any additional
Work, e,.;,;epl in on emeroency endongaring lila or properly. The Subconlroctor hereby woives
any en!iilemenf to addiHonol cornpensolion or oddillonai time for Work performed without an
execu!ed change order.
In lho oven! of ony dispute o& lo wholht<r or no! ony porlion of ihe Work is within the scope of the
Work lo be oGrformod by Subconlroctor or cmy dispvlo w, !o whethor or not Subconfroctor is
eniitled to on oxlra (.:omp<H1Setlion for afly Work requested of him, the Subconlroclor shall
coniinuc to proceed diligently wilh the performance as required by !he Contractor and the
resolution wi!h respect to whether or not lhe Svbconlroctor shell be poid therefor shall be
d()termined by !he partie~ wilh reo$onable prompirHm, bvi in no event shall delay in such
delf.>rmina!ion oxcuso prompl performonc<~ ollhe Work requested.
An cxiro or cn:dil 1osvlting from o change in !he Work, if cmy, ~hall be de!ermined in one or
more of lho following ways m Clpplicobk~ fo o 5pccific sltua!ion.
4 A. l . By muil;ol accop!onc!l of o lump ~lim properly ilemized;
ll.4.2. By unit prices slated in !he Contract Docvmonls or subseguantly agreed upon (otl unit
prietn sholl be deemed to include overhead and profit). !f a change based on tmll
prices includes lhe JelEJiion and addition of like i!ern; of work {i.e, moving a door by the
d<,lotion from one locolion ond !he addition in another !ocotion} before !he dele!ed item
hos been im!alled, tho nol charge resul!ing directly from such change shall be zero.
Ancillary Hums associc1!od wilh wch like chango which ore in addition to work
previously required, and not themselves o like change, shaH be charged ct their unit
price amounts;
4.4.3, By ucluol cosl t)lus a fixed or percentage !ce for overhead and profit, etc. [indvding
both Subcontroclor aNl sub-:;ubcontractors), as so! forth 1n the Subcontract. The ocluol
cos! i& dofinod as iho verified cos!s of any ood oil moleriols and equipmenl plus the bosa
labor Wlll,J!' re11o wilh ony ond oil b::ne!ils, insurance, welfare or other fringe$ included;
Subconlmct A&reemcnl l'ag~ 8 of !7
luili;•ltlclow:
68
4.5. If none of the mefhods sel forth in Section 4.4 above is agreed upon, !he Subc:o11!roctor shall
promptly proceed wi!h the work involved. Tho prico to be paid or credit for such work shall then
be determined on lhe basis of current merkel value bul in no event shall such value exceed the
octuol cost of performing the Work, plus o fixed markup for overhead and profit In the amount
sei forlh intha Subconlract, In such case, and also under Section 4.4.3 hereof, !he Subcontractor
sholi keep and pro~onl in such form as the Contractor may prescribe, an itemized accounting
togolhor wlih appropriate svppor!ing da!a, and Subconlraclor's costs shall be subject Ia audit by
Owner or Contractor. Pending Hnol dcterminotion d cos!, paymenfs on account may be mode on
the Archilecl's Cer!iilcote for Poymenl. The amount of credit to be allowed by the Subconlroclor
to the Conlrodor for (my deletion or chonge which resulls in o net decrease in cost will be the
amount of the acluol decrease. When boih extras and credits are involved in any one change,
the allowance for ovorlwod and prolil shall be figured on the basis of !he net lncrease or
decrease, if any.
4.6. The cost for Changes pertaining lo odd o!ternoles (those ilems that wHI be conslrucled if suffk!en!
funds remain ofter oil olhor nece~wry Hems were completed) shall be of !he price sel forth here!o.
Tho Subcontroclor bears tho risk for any flucluotions in I he cos! of odd alternates.
5. Insurance and Indemnity
The parties hereby ogr<>e tho! the Project shall bo Insured os set forlh ln Exhibit G hereof, The
Subconlroc!or, ol il~ own expense, sholl obloin and submi! !a lha Controdor, before underloking
any pari of lha VVNk, policies ond cer!ilica!es wi!h receipts for the payment of premiums from lha
Subconlrocior's imuwnco carriers indk:oling coverage from companies, in amounts and on such
othor forms as provided for heroinoffor and in !he "lnsuronce Schedule" ottochod to lhis
Agreement as Exhibit G. Any "doduc!ible" with respect !o such coverage shall be submitted !o,
and approved in wriHng by, Contmctor, provided that any cosls or domogos not covered due Ia
th~J approved dedvdibiv shell b(; bomo solely by Svbconlroclor.
Ail such oddi!ionol insurance requirod to shall be maintained by Subcontractor, ot ils expense,
ond listed in Exhibit G, ~hall rernain in full force and affecf until !he Work has been completed
and all obligoliom of Subcontrac.tor under tho Conlroct Documonls hove been satisfied. Any
policy of insurance covering the Subcon!roctor's loois, equipment or focililies against loss of
phy~icol damage, ;hail provide for o complete waiver of svbrogoHon against !he Construction
Monoger, the Owner, and their respective members, officers, directors, employees, ogenls and
sorvants.
A!l policios requirod of Subcon!roclor hereunder shall provide for notice to !he Contractor thirty
(30) doy~ b<>fore any chango in or cuncollalion of such insurance, and shall otherwise be
acceptable to !he Conlrccfor. Upon reque>l, lhe Subconiracfor shall furnish the Conlraclor with
evidence of insurancu so!isfoctory lo the Conlrador for each subconlroclor employed by it. The
insuronco required herein shaH in any event include blanket {brood form! confrac!uol llabilily
insurancG, The existence of insurance shall not be con$lrued lo limit the Subcontractor's liability
under this Canlrocl.
5, l. !n !hG even! iho! liHt S\lbcon!md Swn oxcaeds $l 00,000.00, the Subconlroc!or shoU provide
1 OO'Yo dual obligee poymenl cwd performance bonds, !o satisfy the requirements of Fforido
S!otu!es, Section 713 .23(31, cmvring the performance of ond proper payments by the
Subcon!roc!or is>ued by a 5Urofy occeptoble to tha Conlrac!or, tho Owner and its lender naming
lho Con!rac!or, lha Owner and lis lender os obligees !hera under.
5.2. The Svbcontrador agrees that neither ho nor his insurance company will subrogate ony loss or
claim to lha Subcor~traclor'$ oquipmonl or per~onn(ll against !he Owner and Contractor. it is the
5o!o responsibility of !he Subcon!rocfor to insure any material, loob, efc., stored on Jobsite and
nol Y"l incorporated into !he work,
Sube<l!llmcl Agreement l'a)l~ ')of 17
lniti.:-1IUdow:
69
5.3. The Svbcon!raclor ogreos to perform the Work in compHonco with all municipal, slate ond
foderollows, ordinonces, and codes, and to indemnify and hold tlw Contractor harmless from all
onnoyonces ond fines having roference lo tha Work, and lo give proper oufhorities all requisite
nolices ra!oling lo lhe Work and lo produce ond pay for all nec(lssory !icf>nses, pf>rmits, and
taxes.
5.4. To the extent perrni!led by low, including Sec. 725.06, Florida Stotules, Subcontractor shall
indemnify, dokmd, ><NO ond hold tho Owner, Conlrac!or, and Archilad !excluding wilh respecl
!o tho Architoc!, claims arising oul of {i) tho prepowlion or approval of mops, drawings, opinions,
reports, survey, Chango Orders, designs or specifica!ions, or (iil !he giving of or the failure to
give directions or im!ruc!ions by the Architect, his agent or employees, provided such giving or
failure fo givl)' is the primary cause of rho injury or damage), and their respective partners,
officers, director~, ompbyees and anyone eL1a acting for or on behalf of any of them {herein
co!lec!ively called "lndemnitee$''j harmless from and against all hobllily, damage, loss, claims,
demands and oclions o! any na!uro whatsoov<'lr (Including oilorney's fees and disbursements)
which oriso tWI of o' nro conneclod wilh, or ore daimed lo arise out of or ba connected with
5.4.1, lho performance of the Work by ihe Subcontractor, or any ocl or omission of
Subconlroc!or;
5.4.2. Any occident or occorrGnce which happens, or is aHeged to hove happened, in or
aboul lim place whore the Work is being performed or in ihe vicinity thereof (aJ while
the Svbconlraetor is podorming the Work, eHher directly or indirocily through o sub-
svbcontroclor or moleriol agromnont, or (b) while any of !he Subcontractor's property,
equipment or personnel me in or about such place or the vicinity thereof by reason of or
<JS a rewil of !he performance of th~; Work; or
5.4.3 The use, .misuso, erection, 'J',ainlenance, operation of or failure of any machinery or
eq\lipmonl [including, bu! no! limited Ia, scaffolds, derricks, ladders, hoists, rigging
supports, ole.) whether or not such machinery or equipment was furnished, rented or
looned by the OwMr 01 !he Contractor or thoir officers, employees, agents, servants or
others, to the Subcon!rocior,
5.5, Witho~:l limiting ilw gcne!Oiily of lho foregoing, such defense and indemnily includes ail liability,
dornogas, loss, claims, domcmds and oclions on account of persona! injury, death or properly
loss (including loss of use) lo any !ndomnileo, any of lndemnilees' employees, agents,
subconlwclors or sub.svbconlraclors, licensees or invitees, or other subcontractors or sub-
subconlroctors, their omployees, CJgon!s, sub·subcontradors, licensees or invitees or to any other
persons, whether based upon, or doirned to be based \!pon, s!a!vlory {including, withovt fimlling
the genmoli!y of rhe foregoing, workmen's cornpensaHon), contractual, Iori or olh11r liability of
any lndemniloG, subcontractor, sub-svbcon!roctor or any olher persons, In oddillon, tha liability,
damages, bs, claims, dsmond$ and acJions indemnified against shall 1ndude all liability,
domogG, loss, c'alms, derncmds and Clcllom for lrodemork, copyrigh! or patent infringement, for
unfair compclilion or infringemM! of any olher so colfed "inlongible11 properly rights, for
defarnalion, fCJlse ormsi, moliciotJs prmecu!lon or any other infringomenl of personal or property
rights of cmy kind wh<Jiever or which arise out of any failvre of Subcontractor to discharge his
duties spocifiod in the Conlracl Documonl5, including, wilhovl limitation, these General
Conditions.
5.6, In !he even! rnore lhon one subcon!roclor is connected with an accidenl or occurrence covered by
!hi~ indemnifica!ion, !hen all of such subcon!rodors shdl be ioin!!y <Jnd severally responsible to
!ho lndcmnilocs for indcmnlficolion ond the u!lima!c ro:;pomibilify among svch indemnifying
$Ubcontroclors for !h(l loss and expense of any such indernnificotion shall be satt!ad by separate
pro.;;eGdings und without jeopardy lo any lndemni!ee, The provisions of lhe indemnity provided
for herein shail nol be con~lq;cd to indemnify any !ndemni!oe for its own negligence if not
per milled by low 01 It) olimlf'(ll(l or roduco any olher right ol ind(lrnnificotion right which Owner,
Conlrocfor or hchilccl hos by iow. Subconlroc!or expn:mly understands and agrees that any
Subcontract Agreement
lnilin! Bduw~
70
pvrfcrmonce bond or insurance protection required by any provision of !he Contract Documents,
or otherwise provided by Subcontractor, shall in no woy limii tho responsibility lo indemnify, save
ond hold hormiGss and defend ihe Indemnitee$ m heroin provided.
5] Tho Owner or Contmc!or shall hove ihe right lo require any Subconlroc!or to furnish bonds
wvering tho foilhful porformonc<:l of !he Subcontrod and lhe poymon! of all obligations arising
thcroundor if rnqt~imd in tho Contract Documenls or subsequent fo the execution of this
SubcontracL Tho failure of the Subcontractor lo furnish a bond wiihin five {5} days offer having
boon givun notice of such reqviromenl by either lhCJ Owner or Controdor shall comti!Ute $l!fficlanl
cm;se fo1 lerminolion of fhis SubcunlrocL
5.8. Notwi!hslonding the above, wherever !hero is a provision in or change of the applicable law
governing this Svbcontrod changing the scope of ony such indemnification of an lndamnilee
horoundor, then ond in any oven! svch indomn1ficalion shall apply only lo the extent permiHed by
wch existing or changed opplicoblo law. Nothing heroin sol forth shall be doomed to preclude
tho indomniflcolior. of an lndernni!ee hereunder from any of !he foregoing damages caused by,
arising oul of, rewliing from, or occvrrlng in connoctlon with the negligence or ony o!her fault of
a party o!hor than the !ndmnnileo, whether or no! the lndemf\ilee is parHally negligent or at fault.
Subccn!roc!or's oblig<:llon hcrounder shall nol be limited by the provisions of any workmen'$
compon;.o!ion or similar acl.
6. Warranties.
6.1. The Subconlrodor worronls lho! il is duly licensed to porform the Work, tho! it has reviewed the
Drcwings and lh<ll they are complele and conslrucfible, ond that H has visited !he Jobsife and
become familiar with ony conditions ihol rnoy affect the Work.
6.2. The Subconlroclor worwnls !hat lis Work wiil be free from defects, rnerchan!lble, fit for use for a
porliculor purposo, will confonn wilh the Oruwings and ony applicable low, and that it will
delivor good title !o !ho Work. In the evenllhot any Work foils to conform lo the requiremonls of
this Agreement, soid Work shall bo corrected by Subcon1rac!or immediately upon discovery.
Further, in !he event that defects due lo fauliy moterlois, or workmanship appear wilhin one (ll
y,;or from dole of final completion of ihe Project, !he Subconl!odor, whether or nol Work was by,
through, or under him, shall, a! his own expense, promptly correct the soma.
6.3, Unloss olhcrwi~e specified in the Contract DocvmGnls, ilw Subconlraclor warrants thai aU
mo!erials and equipment lo be permanently installed in the Proroct shall bo new and shall be of
such quoiHy os required to satisfy lhe standards of the Conlracl Documents, The Subcon!raclor
shell, if rec1uired, furnish ;otisfoctory evidence os to kind and quality of all materiob and
eqvipmenl. All k1bor shall be performed by workmen $kil!ed in their respective trades, and
workmanship shall be of good qualify so thai firs! class work in accordance with the standards of
cons!ruclion set for!~, in tho Conlroct Documents will resuit.
6.4. The Svbconlroclor worror.ls ond guarantee; !o Contractor and Owner all work performed and
moleriob ond equipmen! furnished under his Svbconfroct agofnsl defecls in moleria[s and
workmanship for o period of one ( 1) year from the dole of Final Acceptance by !he Owner of the
completed Work, or for o longer poriod if so specified in the Contract Documents.
6.5. With respecllo cmy of the Subconlrador's worran!ios, if such ma!erials or equipment or portion of
!he Work is found of!or such final Accop!anco not lo comply wilh the Conlracl Documents or
otherwise in bwoch of worroniy, the warronry ond guarantee period thereon shall commence
wilh Jhe dote it i& corrocted io comply with lhe Conlracl Documenls. Reference is made to other
saclions of the spacificaHons for specific performance .:;md llme gvmonlees os may be required
ihorein over ond above the one (1) year general gu(m:miea specified above. Delivery of
Svbcon!raclor's guaranlee is on<3 of tho condi!ions lo Subconlwctor's final payment
Subcol\lrncl ll!lrccment l'agc I I of 17
hut in I lk lnw:
71
6.6 Subcon!rac!or shoil, pro~1plly upon receipt of written notice thereof, make good o.ny defeds in
mo!erials, eqvipmonl and workrncmship to its Work which moy develop wl!hin periods For which
said moleriols, equiprnonl ood workmanship are guoronleed, and olso mok& good any damage
lo other work cousod by !he repairing of such defects of his own expense, ond wi!houl
reimbursement under the SubconlrocL ThfJ foregoing remedies shall not deprive the Owner or
Con!ractor of any oclion, righ!, or remedy othorwise available to it for breach of any of the
provisions of !he Con!rac! Oocumllnls by tho Subconlraclor and !ho periods referred !o above, or
such !ongor time os moy bo specified elsewhere, sha!l not be construed as a limi!allon on the time
in which t!w Owtwr or Conlrac!or moy pursue such other action, right or remedy against ony
Subconlracior,
6.7. !f the Controctor, Archi!ecl CHld Owner deem il inexpedient to corred Work damaged or Work
not p\lrformed in accordcmco wi!h !he Con!rocl Documenls, an equiJable deduction from the
Subcontract Surn $hall be mode.
6.8, Subconfrodor sholi promo!ly r0movo from the premises oil ils maleriols, equipmenl (whether
incarpc>roled in tho Work or notj and all Work corF:h•mned by !he Architect or Contractor as
foiling to conform to tha Con!roc! Documents and each Subconlraclor ~hall promptly reploce and
ro oxecvle o!l Work und~r Its Subcontract in accordance with the Contract Document~ ond
wilhou! vxponst> lo !he Conlroclor or Owner. Subcon!roc!or shall bear the expense of making
good oil work of olher ~ubcnnlraclor~ or sub-subconlroclors destroyed or damaged by such
removnl or rHplocerncnl.
6.9. If iho Svbcontroclor do0s not romov0 ~uch non<onforming work, equipment and materials within
a roozonab!e tim<' fixod by wriHon notice from Coniroclor, !he OwMr or Controdor moy, at lhe
oxpense of the Subcontroclor, remove some and ~tore any such equipment or materials. If the
Subcon!r<.1Cior doos no! poy the expense> of such Hlmovd and storage within three (3) days
lhcr<)afier, the Con!rnc:tor may, upon three (3) days wrillcn notice, sell such moleriols at oucllon
or of privo!c sde ond sholl account for !he nei proceed~ thereof only afler deducting all the costs
and expenses !hot ~hould hove been borne by lho Svbconlrador. Wilhovt limitation of any other
tight or romody avoilabiG to Owner or Con!wc!or under tho Conlrad Documents or at law, any
coverage involved may be rolur ned lo !he Subcontractor and any shorlage shall be paid by the
Subcon!roc!or io tho Contractor.
6.10. Noilhor tho issuance of tho find ccrfificofa or lint1l payment hereto, or any provisions in the
Contract Documer.!s, shall re!iove the Subcontractor of responsibility for foully materials,
eqvipment or workmanship, and the Subcontroctor shall remedy any defects doe thereto and pay
fer ony dorn<1ge !o other work rf;lsuhing therefrom 1n accordance with the applicable guarantee or
wmranty provisions of the Conlracl Documents. The Owner or Conlraclor shall give wri!len
notice of svc:h obsa!Ved defecls wilh reasonable promptne:;s,
7. Default.
7.1. fn the event of Subconlroclor' s ddcvl!, the Conlroclor ~ho!l have the right, without ihe obligation,
dler sevenly-lwo (72) hours wriilen nolice lo lhe Svbcon!roc!or, to provide, through itself or
though others, any such labor, mqteriols ond/or supplie$, and lo deduct the cost thereof from any
money due to or iheroaller to become dve !o lhe Subco11lrocior under !his Agreement The
Conlrm;lor >holl ol;o hove !lw right lo lcrminolo lhis Agreomonl, lo enter on the pram!ses and toke
possession, lor tlw purpose of complellng the Work, of mo!crials, supplies, equipment, tools and
appliances locold thereon, ond employ ony person io finish the Work and to provide
Hquipmenls, lools, applicm..:es, nwlcriab and supplies thereof. In the evenl that this Agreement is
lerminaled, the Subcontraclor shall, if requested by !he Contraclor, assign, transfer and/or
convey to !h<> Contractor ony all eqvipment, supplie$, materials, tools ond appliances which he
hos ordered or procvrud in conn0ction with !ha Project.
7.2. In lhe <.won! !hoi lhis Agreement is terrninoled, !he Subcontraclor shall not be entided to receive
any further paymenl undor this Agmement vniil !he Project is linolly completed. If upon final
completion, the unpaid bolance dve under !his Agreement exceeds the expense incurred by the
Subcontruct Ag<L'Cillcni l'ilgc 12 of I i ~
l!;itial !Jdow Ik"'-'("''"'""'"'-'""'".:..ti(fccn,_,-~-'-S-":""'c.;..;on;;;.!r'l'<::.;lo;;r t----.
72
Owner ond/or Conlrador in conneclkm wiih said delauh (lXcceds !he unpaid balance under this
Agremnenl, the11 !he Subcon!roclor ~holl pay tho difference to lhe Owner and/or Contractor.
7.3. The expense incurred by ih<~ Owner and/or Conlfodor in coflnedion with said defoull shall
include, without lirnilnlion, tho em! of all labor, tools, equipment, appliances and materials which
ore neoded lo complete the work delay and olher consequon!iol damages which result from the
ddau!t ond CJI!ornoy'5 or olhor h;gol lees and cosls, including oppeila!e fees and costs, which ore
incurred in conn!lclion which soid default.
7.4. The following shall constitute an even! of default:
7.4 .1 The Subcon!rocfor ol ony time, refuses, foils or neg lee!; !o supply a sufficiency of skilled
workers or moleriah of the prc:per quality and/ or quantity;
7.•t 2. The Svbconlroclor fall> in any resped !o perform the Work with promptness, diligence
and in a workmanliko manner;
7.4.3. The Subconlmdor slops, doioys or in!crfen:s wilh rhe work of the Contractor or ony
o!hcr subcontraclor or maiMidmon on !he Project;
7.4A. The SubconfrGctor, lhrough ony ad or omhslon, cause$ ony loss or damage to Owner
or Con!rodor;
7.4.5. The Subcontrar.:ior, in loi!ing to complete the Work within !he Subconlrocl Time, causes
cmy loss or dorrKr[JO to owner or Contractor;
7.4.6. A decree \X order by a couil hoving jurisdiction in the premise~, is entered adjudging
tho Subconlroclor os bonkrupt or insolvenl, or approving, as properly filed, a petition
seeking rcorganlzo!lon ()! the Subconlroctor under tha currant Bankrvplcy Act, or any
sirnilar, opplicabie fedora! or slole low, ond such decree or order sho!l have continued
undischarged ond un;loyed for a period of ninety (90) days;
7A.7. A decreo or order by o court having jurisdiction in ihe premises, is entered for the
oppoiqtmenl of o receiver, liquidator or lrvsleo or assitJncc in bankruptcy or insolvency
for the Svbco'!lroclor or Its property, or for wi11ding up or liquidation of its affairs,
provided 1he decree or order con!lnues undischarged and unstayed for o period of
ninely {90j doys;
7.4.8. Tho Subconlroctor in~ll!utes vo!vnlo;y bcmkruplcy proceedings or consents to the filing of
o bonkrupky proleeding oguinst i!;
7.4.9. Tho Subco,ilrodor files o pelition, answer or o::onsen! seeking reorganization under the
Fodera! Honkruplcy r'>.ci or any olher s\rnilor applicable federal or stole law, or consents
lo the filling of such o pelilion;
7A. l 0. Tho Subcontrodor conl>::lll to ~he appoinlrnenl of o receiver, liquidator or trustee or
assignoo in bankruptcy or insolvency lor it or ils property;
7.4.11. Tho Subconlrac!or makes on ossignrnanl for tho banafil of creditors;
7.4.12, The Subconlrodor (tdmlls, in wriling, its inobilily !o poys ils debts generally as they
becorne dut<;
7.4 .13. The SiJbconlroctor toke> legal odion in furtherance of any of the aforesaid purposes;
7 .4, 14. The Subcon!roc!or foils !o so!isfy and discharge any final judgment within ten p OJ days
of its <miry;
7.4. 15. The Subcon!ro;Jclor lcils lo perform any of the Subconlrac!or's obligations under the
Contract Docvments;
7.4 .16. f oilvre !o pay lirnely cmy supplier, laborer, or sub·subconlraclor providing Work at the
Project
Subconlmct 1\grcemcnl l'nge !3 of 17
!nitiaJ lklnw-:
73
7.5. The Con!raclor mol' lerminc:le thi$ Agreement for conver\i()nce, for any reason whatsoever. In the
<:lY<<nt tho! this Agroomont is kmninoted for convenience, tho Contractor shall pay for Work in
place, plus o reoscnoble profit !hereon, less the cost to correc! any defective Work in place.
Fino! poymenl undor lhis Secllon 7.5 shall be due when the Subcontractor has all remaining
tools, equipmonl and rnoteriols from the Jobsi!e. !n the ever. I that !his Agreement is terminated for
cause (tnd il i~ subscquenlly dolormined that there was no default, the termination shall be
doomed for cor.venionco undor this Section 7.5.
7.6. If there shall be any lien, claim, suit, attochmen!, nollce or any other encumbrance filed against
the Projed by tho Subconlrodor [collectively referred to os "Encumbrances"!, or presented to
Con!roctor or Owner by any sub.subconlrador or svpplier, Contractor and Owner shall hove the
right !o reloin out of any payments then due or which may thereafter become due lo
Subconirocfor, on amount svfki<mt to protacl Contractor ond Owner against any loss, cost or
expense arising oul of or in connection with any such Encumbrances. In the event any
Encumbrances are assorted, Svbconlrodor shall, wllhin thirly (30) days of receipt of notice
thereof, cause the Encumbrance io be discharged by payment, bonding, or o!herwise. In lhe
oven! that Subconlrocfor fails lo di:icharge the Encumbrance, Con!rac!or, al lis option, may pay or
cilwwise discharge lhe Encumbwnco and wi!hhold the costs ond expenses incurred from any
amounls oweJ Subcon!raclor. Tho riehls of Contractor af!d Ownor under !his provision ore
absolule, ond me not d0pendenl upon !he ever•lual vc1lidily ol !he Encumbrance. Any amounts
reJoined by Conlroclor or Owner shall not bear interest and shall no! be released to
Subconlractor vnlil tho invo!idity of tho Encumbrance has been finally determined by o r.;ovrl of
cornpolenl jurisdiction or has be0n properly paid ond satisfied and documents evid&ndng such
dlspos'lion hove been received by Contractor.
7I In addilion !o 1ho foregoing, if Con!roclor deh:nnlnos lhal Subcontrador i$ delinquent in !he
payment of ony monie.1 due ond owlnEJ for labor, materials, supplies or equipment, Contractor
~hail !wve the right, upon lorry-eight (48) hours notice !a Subcontractor, to pay or satisfy any such
amot!f'ls due and owning, and deduct ony such sum P"id from the proceeds of any payments
then due or lo become due lo Subconlrac!or. Any wch pa)'menls made will be by joint check,
payable lo tho Subconlroclor and tho person or eniily lo which the money is determined to be
ow·:d ("Payc;8"), <md St•bconlroclor agrees lo execute such ioinl check for lhe benefit of the
Poyee. !f Subcontraclor does nol flxecu!e !he joint check, !hen Contractor may pay such sum
diroc!ly lo the Payee, Contractor will nol moke wch a pe~ymenl if, within lho forty-eight {481 hour
nonce period, Subcontractor submits lo Contractor ovlder.co thai damonstrotas !o the sole
satisfaction cf Contractor tho! a good foiih dispute exists concerning the alleged delinquency ond
odoqvde ossuronces ore given by Subconlroch'r thot !he progress of the Work and the cosls of
performance will not be adversely offecled.
8, Miscellaneou$,
8.1. This Agroomcnl represents the entire and integrated ogr&emoni bo!weon the Contractor and !he
Subcontractor and ~vpcrsedos ali prior M~go!ialions, representations or agreements, either written
or oral, whkh are hGmby merged info this Agreement This Agreemenl moy be amended only by
wri!lon change order, or by a wrillen amendment, signed by bolh !he Contractor and lhe
Svbconlractor.
8.2. The Subcontraclor shall nol sublel, assign, or transfer this Subcontract or MY portion thereof
wilhou! !he wrillen consent of th0 Conlracior. The Conlraclor and the Svbconlractor, respectively,
bind !hem selves, lhcir portnars, successors, assigns and legal representatives lo !he other party fo
!his Agrevrnenl and to !ho> por!nor~, successors, <tssigns o11d !,;gal reproscn!olives of sur.;h other
poily with respect lo oil covenonl;. of this Agreamen1.
8.3. The Subconlruclor $lw/1, wilhoul making any changes, sign and return one copy of this
Ag•cemeni within seven !7) dGys from !he dole of roceipl, or Con!roclor moy dedare !his
agreement to be nuli and void. Con!rnctor rEl5arves !he right to concel this controcl o! ony time
with four!een { 14l days wri!ien nol!ce.
SubCQntract Agrccnwm Png~ 14 uf 17
74
SUBCONTRACTOR:
BK MARINE CONSTRUCTION, INC.
~AV.d ~~1,/'/_L~d/._ --
wf. &!d.~,Ffilifi -~l
Subcnmmct 1\grccmml l'ngc l6 of 17
75
CONTRACTOR:
OINT VENTURE
1:,-\ic;haol M~:lcg[F~...J:LQje<;t Execvliv9
(Print nome & title}
j
!
l
I
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!
Thll Gnl!but Family JCC
·· 'Miniulhc,irh, i11. ·
KM-Piaznl'mject 1115181 (l<:>linmling 1109-0139)
COi\H'ANY NAMI~ (Stl£fi:ONTHACTOR)
Contact Name
02800A -Senwnll Constl·uclion Td:
l•'llx:
Cell:
Emnil: -·-
BASE lliD AMOUNT
Scope nfWork:
I
D~i.{;ln & Pcnnit i1 hase
--~~
2
3 Revise existing City of Min~1i BEnch permit with revised sen wall dc>i/.\!1
4 Assit Owner with aquirinj;j new Pcrmil .. s Include a pcrmilling fcc nlfowance of$2,500.
Furnish detailed, signed & sealed drawings & ;;pccillcutinns fhr Miami-Dade County
6 DERM, Anuy Corps of Eng <l!ld Cily ofMimni 13cnch approvals including cross
sccions, scawnll h1you1 !lnd clctnil$
7 rum ish n survc:t und fts-buifls.
8
9 New Seawall Construction -10 Mobiliza!ion
ll Subcontmctor shn!l relocate two cxi~tlng trees tHJ ~ite with their crnnc. Rigging to
be dine in advancci!?l.~thcrs. -----·--~~~-------
12 Remove exl$\ing ~cawaH cap"' required to instoU new slwctpiling
l3 Furnish3' Install uluminum :;hc:ctyi!osJ!.cJ.:[;!:]~~~ scawa!! ---· 14 Furnish & Install lie hack reds nnd tlcndmcn
15 Furnish & [n~all return W<tlls 11\ North nnd Sot!~.!_proporly liau$ (armrox tO' each).
16 Furnish & lil$lall concrete Eilcs.
17 Fomlsh & lnsh1ll clean cru.>hed gravel, sand <lr concret~: lu f!H ''oid be! ween new
and cxisling seawalL
Furnish & Ins! all new CnsHn -l'!r.oo, contfnous reinforced concrete ca11 wilh a tighl
II! broom finish to iock the system loge! her. New Sen wnl! cnp lioish c!evnOon ro bent
elevation? .75 NGVD. (brenko111 cost)
This Subwnlmclor acknowledtcs lhM the Pool wiH be in dose proximity !n the
19 s~nwn!l .rnd ilas taken into nccoun! th<tllk:backs and dcndmcn may no! bo ubi<) lobe
used in !hal area due to space llmi:ations and hos l!lcludcd plies or o!hccr uwthuds or
rc:ainin!i the wall A~-~al ~31Hon.
~~~--.. --~~
20
··~· ·---------•-•n
21 General lt(\lllS --· ··-·-·~---·.,~--~ «<•····-----
22 l\·!obllizrrlion
23 General Rc~ircmeni~ I Cumli!inns
24 Bmfc ______ , __ -
25 Lund Based Cnmc
26 lJu:npslcn; l(lr Conslruclion U;c.
Page 1 or 2
76
rc,ised RF 9/2&'11
IU( Mal'luc
Man Woonlon
954-421-2321
954-427-5168
954-520-9519
ma\lmlQI.J.l¢n(d)omaa.rom
ADI)ITIO~StDEDUCTfONS
$ 241,000.00
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NOT INCLUDED
INCLUDED
INCLUDED --INCLUDED
INCLUDED
INCLUDED
1NCLUD£D
INCWDI1D
INCLUDED
$ 21,575.00
INCLUIJED
INCLUDED
INCLUDED
EXCLUDED
INCLUDED
INCLUDED
i
' I
I I
I <
27
------28"
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
S2
53
54
Provide proricr (ifSiJO:_~I ol~:kmoH$hcd itctnS. _______
-~-~-~·-···--
Ocsigtl uud Efljtinccdt1g !'cos ·
Sales T<L~
Schedule of Construction H·om tla(c wlcoscd
All Mule rials Shall Meet !he Minimum Rtqulrcmcnls of the Florida IJnlldlng Code
11r Um Project Dowmcnts, whichever RerJuircmcnls aro Grenier.
Subcontm~tnr Slwli Comply w1!h u!l Local Building Codes, All Federnl, Shl!G mnl
Municipal Luws, Codes, Ordlnnnccs, Rcgulnlion;; or any Local or Statu Codv$
having Jurisdiclion.
Suhcontmc!or Shull Furnish Su111cicnt Malcr!nls, Eqtdpmenl nnd Ulbor so fl~ !0
Mnintain Schedule. !nc!\!ding Overlhnc Work ifCnmraclor Fails to Meet the
Schcduic Dnc 10 His Own Fault
Include:; und will loll ow <~li OHHA r;;guloHons. S!lcciallyOSHt\ rcgula!ions which
~lo lh!s trades contract work unJcr lhe means and methods contract clause.
This con!raz:!or to provide >ufllcicnr Wntcr Coolers for your work forces, n• per
-OSI !A rC:lJI1iromcn!s. KM/I'lnzo will provide water n1 ground level.
Wnrraotks
Pcrmils !o b~ P:ilfe(f[,y this Subcontractor, lee's jXIICl by Own(;f-
Wurk~r·s Compwoalinn nnd Genera! Liability Insurance
-~-........---~--···-·
I ,o,!gshor<: ~nd HariHlr Wor~'?rs Cotnpcn~rttlon {lfRctJ:!!!:cd)
Jones 1\ct lnsuranct~ {!flleollircd)
Paynwn! & l'crformancc Dond • Provide P<:n:cnl
Tolnl Scope Adjusrmcnls (See Allul'c)
IInse Hid
-~-~-.
l'nymcnt & l'crformnncc lloml
T•1tal Bid ,\milunl f!lr 02ll00A • :'>cnwnl! Conslruclivn
~ CONTMCI'OWS SIGNATUHg
DAn
Al:r~;nN,\TVS
To;~movc und dispt>SC or nil n'gclntion and o\'crgrowth rrom 11Hl existing properties
li:nw !u the c.\i~ting scnwall
Dcducl fi1r Owne-r llir\,c!l'ordms\l ofShecl Pilling (including sales lax)( Owner wo11l<l issue
Pllrclu~>e onkr in the nm<Hint oi':!AS,9!i 1.76 to Sou!lw'rn Pine Ltunbcr2,
Page 2 cf 2
77
INCLUDED
INCLUDED-·~
INCLUDED
8 weeks
INCLUDED
!NCUJDED
INCLUDED
INCLUDED
lNCLUDf,D
INCLUDED
INCLUDED
INCLUDED
INCLUDEJ)
INCLUDED
2.8%
s 241,000.00
Included
$ 241,000.00
-~£#&:
9 /<s/ f<(}lt
/
$ 15,000.00
$ (S 1,!155.00)
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~I
I
80
CITY OF MIAMI BEACH
a Florida municipal corporation
Lessor
and
MIAMI BEACH JEWISH COMMUNITY CENTER, INC.
a Florida corporation not-forMprofit
Lessee
AMENDED AND RESTATED/CONSOLIDATED LEASE
~· zz (
81
TABLE OF CONTENTS
ARTICLE PAGE
I. DEMISE BY LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1.1 Lease of Property
II. DURATION AND TERM ........................................... 3
Section 2.1 Commencement and Maturity Dates
IlL AMOUNT OF RENT .............................................. 3
Section 3.1 Rent and payment schedule
IV. USE AND POSSESSION OF DEMISED PREMISES .................... 3
Section 4.1 Permitted uses defined
V. TERMINATION OF PRIOR AGREEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 5.1 Effect on Prior Agreements
VI. NET LEASE ........................................ :~···: ......... 5
Section 6.1 Net lease defined
VII. PROVISIONS REGARDING PAYMENT OF TAXES ..................... 5
Section 7.1 Lessee Pays All Taxes
Section 7.2 Contesting Tax Validity
Section 7.3 Failure or Refusal to Pay Tax
Section 7.4 Proration
VIII. LESSOR'S INTEREST NOT SUBJECT TO MECHANIC'S
OR MATERIALMEN'S LIENS ...................................... 7
Section 8.1 Notice to Third-Parties Regarding Liens
Section 8.2 Releasing and Discharging Liens
Section 8.3 Leasehold Mortgage
IX. LESSOR'S RIGHTS AND REMEDIES .............................. 10
Section 9.1 Landlord-Tenant Relationship
Section 9.2 All Rights and Remedies
Section 9.3 Rights and Remedies Cumulative
X. INDEMNIFICATION OF LESSOR AGAINST LIABILITY ................. 10
Section 10.1 Indemnification Clause
Section 10.2 Commercial General Liability Policies
Section 10.3 Indemnification Clause For Lease Challenges
Section 10.4 Compliance With All Laws, Etc.
82
Section 1 0.4.1 Rules On Hazardous Materials
Section 1 0.4.2 Hazardous Materials Defined
Section 10.4.3 Further Disclosure of Hazardous Materials
Section 1 0.4.4 Lessor's Right to Inspect
Section 10.4.5 Default
Section 10.4.6 Lessee Receives Property "As Is"
XI. FIRE AND WINDSTORM, ETC. INSURANCE PROVISIONS ............. 14
Section 11.1 Property All Risk Coverage Policies
Section 11.2 Builders' Risk Insurance Policies
Section 11.3 Use Of Insurance Proceeds
Section 11.4 Financing of Premiums
Section 11.5 Default After Casualty
Section 11.6 Excess Insurance Proceeds
XIL LESSEE'S DUTY TO PAY INSURANCE PREMIUMS ................... 17
Section 12. 1 Obligation and Proof of Payment
Section 12.2 Lessor's Option to Pay
XIII. ASSIGNMENT ................................................. 18
Section 13.1 Right and Conditions of Assignments
Section 13.2 Notice and Approval
Section 13.3 Transfers or Assignment By Leasehold Mortgagee
XIV. CONDEMNATION CLAUSE ...................................... 19
Section 14.1 Division of Condemnation Proceeds
Section 14.2 Lessee's Improvements
Section 14.3 Taking Rendering Premises Unsuitable for Permitted Uses
XV. ADDITIONAL IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 15.1 Proposed Improvements Defined; Consistency with Concept Plan
Section 15.2 Lessee's Responsibility for Design and Approvals
Section 15.3 Preliminary Plans and Specifications
Section 15.4 Review of Preliminary Plans and Specifications
Section 15.5 Design Review Board Approval
Section 15.6 Public Facilities and Concurrency
Section 15.7 Construction Plans and Specifications
Section 15.8 Conditions Precedent to Construction
Section 15.9 Lessor's Cooperation in Obtaining Approvals
Section 15.10 Phasing
Section 15.11 Commencement of Construction
Section 15.11.1 Unavoidable Delays
Section 15.12 Completion of Construction
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Section 15.13 Land Development Regulations
Section 15.14 Licensed Architects and Engineers
Section 15.15 Construction Cost Certification
Section 15.16 Completion Bond
Section 15. 17 Diligence in Construction
XVI. DEED RESTRICTIONS CONCERNING THE
USE OF THE PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 16.1 Restrictions:
(a) Lessee Remains a Not-For-Profit Corporation
(b) Religious Services
(c) Assignments Without Consent Require Fair Market Value
(d) Lessee's Costs
( e} Security
(f) Insurance obligation
(g) Signs
Section 16.2 Violation of Restriction is Event of Default
XVII. DEFAULT CLAUSE ............................................. 30
Section 17.1 Event of Default
Section 17.2 Statutory Landlord-Tenant Proceedings Apply
Section 17.3 Thirty Day Cure Period
Section 17.4 Lessor's Other Remedies
Section 17.5 Liquidated Damages
Section 17.6 Receiver
XVIII. LESSEE'S DUTY TO KEEP PREMISES IN
GOOD REPAIR ................................................ 33
Section 18.1 Lessee's Covenant Regarding Maintenance and Repair
Section 18.2 Lessee's Covenant Regarding Utilities
XIX. DEMOLITION CLAUSE .......................................... 33
Section 19.1 Lessee's Right to Demolish Conditioned
Section 19.2 Value of Reconstruction
Section 19.3 Expense of Demolition and Right to Salvage
XX. ADDITIONAL COVENANTS OF THE LESSEE . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 20.1 Destruction or Casualty No Entitlement to Termination
Section 20.2 No Subordination of Lessor's Title
Section 20.3 Covenant Regarding Surrender
Section 20.4 Further Covenant Regarding Encumbrances
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XXI. COVENANT OF QUIET ENJOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Section 21.1 Lessee's Right to Quiet Enjoyment
XXII. LESSOR'S RIGHT OF ENTRY .................................... 35
Section 22.1 Lessor's Right of Entry
XXIII. NO REPRESENTATIONS BY LESSOR ............................. 35
Section 23.1 Lessor's Absence of Warranties Regarding Property and Lessee's
Acceptance of Premises
XXIV. LESSEE TO COMPLY WITH ALL LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Section 24.1 Lessee's Compliance With All Laws
Section 24.2 Lessee's Obligation to Pay Fines, Etc.
Section 24.3 No Discrimination Clause
XXV. SURRENDER OF THE PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Section 25.1 Surrender of the Premises
Section 25.2 No Subleases, Etc.
XXVI. FORCE MAJEURE ............................................. 37
Section 26.1 Force Majeure
XXVII.MISCELLANEOUS PROVISIONS .................................. 37
Section 27.1 Grace Periods Run Concurrently
Section 27.2 Arrearages
Section 27.3 Landlord-Tenant Relationship Regarding Collections
Section 27.4 Lessor's Remedies Not Otherwise Provided
Section 27.5 Receivers
Section 27.6 Cooperation
Section 27.7 Captions
Section 27.8 Index
Section 27.9 Laws of Florida Apply
Section 27.10 Covenants Running With the Land
Section 27. 11 Time Is of The Essence
Section 27.12 Notice
Section 27.13 Attorneys' Fees
Section 27.14 Venue
Section 27.15 Lessor's Limitation on Liability
Section 27.16 Mediation
Section 27.17 Recording in the Public Records
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AMENDED AND RESTATED/CONSOLIDATED LEASE
THIS INDENTURE {the "Lease"), made and entered into at Miami Beach, Miami-
Dade County, Florida, this /d..ftday of Jtl L-'( , 2000, by and between:
CITY OF MIAMI BEACH,
a Florida municipal corporation
(hereinafter referred to as "Lessor")
and
MIAMI BEACH JEWISH COMMUNITY CENTER, INC.
a Florida not-for-profit corporation
(hereinafter referred to as "lessee")
WI T N E S S E T H:
WHEREAS, the lessor is the owner of the fee simple title in and to that certain
property located at 4221 Pine Tree Drive, Miami Beach, Florida, hereinafter demised and
described (the 11 Property"); and
WHEREAS, the Lessor and the Lessee are parties to certain Prior Agreements,
specifically the Lease Agreement dated June 3, 1981 (approved by Resolution 81-16678),
the Amendments to Lease Agreement (approved by Resolution 84-17863), the Second
Amendment to Lease Agreement dated November 21, 1985 (approved by Resolution 85-
18280), and the Assignment of Lease Agreement dated April 11, 1988 (approved by
Resolution 88-19226), (collectively the "Prior Agreements") for the use of the Property for
a recreational community center; and
WHEREAS, the parties wish to amend the Prior Agreements to enter into this
Amended and Restated/Consolidated Lease ("Lease") that will: (1) extend the lease term
to commence upon the execution of this Lease for 99 years; (2) establish the permitted
uses on the Property to coincide with the evolving character of the Jewish Community
Center; (3) provide for a procedure to approve improvements to the property to permit the
Lessee to invest funds for new facilities on the Property; and (4) provide for other
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amendments to the Prior Agreements through this Lease, as agreed by the parties hereto,
and
WHEREAS, certain approvals are necessary before the City can enter into this
Lease, including a determination of applicable development regulations and appropriate
uses for this GU property (as provided in Miami Beach Code §§142-422, -423 & 425(a));
Planning Director analysis and City Commission determination of waivers of public bidding
and appraisals under Miami Beach Code §82-38 & -39); and an approval in an election by
a majority of residents residing in voting precincts located within one mile of the property
(under Miami-Dade County Charter §6.02).
NOW THEREFORE, the Lessor and the Lessee. for and in consideration of the
mutual covenants, agreements and undertakings herein contained, and in further
consideration of the payments herein mentioned, made and to be made, do by these
presents mutually covenant and agree as follows:
ARTICLE I
DEMISE BY LESSOR
1.1 Upon the terms and conditions herein stated, and in consideration of the
payment from time to time of the rents herein stated, and for and in consideration of the
prompt performance by the Lessee of all of the covenants hereinafter contained by the
Lessee to be kept and performed, the performance of which are declared to be an integral
part of the consideration to be furnished by the Lessee, the Lessor does hereby lease, let
and demise unto the Lessee, and the Lessee does hereby lease of and from the Lessor,
the following described property situate, lying and being in Miami-Dade County, Florida,
together with all buildings and other improvements located thereon, to-wit:
Lots 5, 6 and 7 of Flamingo Bay Subdivision, as recorded in
Plat Book 6 at Page 101 of the pub!ic records of Miami-Dade
County, Florida.
subject to the following:
(a) Conditions, restrictions and limitations, now appearing of
record;
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(b) City and/or County Zoning Ordinances now existing, or which
may hereafter exist during the life of this lease;
(c) All matters shown on the Boundary Survey:
(d) AU of the terms, covenants and conditions contained in this
Lease.
(e) The City Commission's determination by separate resolution of
applicable development regulations and appropriate uses for this GU
property (as provided ln Miami Beach Code §§142-422, -423 &
425(a)); Planning Director analysis and City Commission
determination of waivers of public bidding and appraisals under Miami
Beach Code §82-38 & -39); and an approval in an election by a
majority of residents residing in voting precincts located within one
mHe of the property (under Miami-Dade County Charter §6.02).
The Property is hereinafter sometimes referred to as either the "Demised Premises,"
"Premises," or "Property."
ARTICLE II ~ DURA TlON AND TERM
2.1 The duration and term of this Lease shaH be for a period of ninety-nine (99)
years, commencing on the @~'day of Nov. , 2000 (the "Commencement Date") and
expiring on the 7-1).. day of Nov. , 2099 (the HMaturity Date").
ARTICLE Ill -AMOUNT OF RENT
3.1 The Lessee covenants and agrees to pay to the lessor an annual rental of
Ten Dollars ($10.00), payable annually in advance, the first such annual payment being
due and payable on the ;a day of 0-t:L~. , 2000, and on the 1st day of D!:e. each and
every year thereafter during the entire term of the Lease.
ARTICLE IV -USE AND POSSESSION OF DEMISED PREMISES
4.1 The Demised Premises shall be used by the Lessee solely and exclusively
as a Jewish Community Center and any and all activities related thereto. It is understood
and agreed that the Premises shall be used by the Lessee during the entire term of this
Lease only for the purposes described below and for no other purposes or uses
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whatsoever. In the event that the Lessee uses the Premises for any purposes not
expressly permitted herein, such use shall be considered an Event of Default and the
Lessor shall be entitled to all the remedies set forth in Article XVII hereof, or without notice
to Lessee, restrain such improper use by injunction or other legal action. The activities and
uses permitted under this Lease shall be limited to and only include:
A recreational center, including but not limited to the following uses;
recreational activities including organized and informal athletic activities for
adults and children, recreational activities for physical fitness programs for
seniors, adults and children; children's day camp; cultural activities and
events; informal adult education; social events for children. teens, families,
adults and seniors; meeting space for civic, cultural, educational and
religious purposes {including for religious prayer in specially designated
areas as hereinafter provided); and social services necessary to support the
functioning of the social, recreational and educational programs at the site,
including, for example, nutritional meal programs for senior citizens.
Other activities normally conducted by Jewish Community Centers sponsored
by the Jewish Community Centers Association of North America, may be permitted on the
Property if approved by the City Manager, or City Commission after a duly noticed public
hearing. Additional uses not specifically enumerated above may be approved by the City
Commission after a duly noticed public hearing. In the event uses are introduced to the
Property that are deemed to be nonconforming because such uses do not fall within the
above list of permitted uses, and were introduced by the Lessee without City Commission
approval as provided for above, the Lessor may give Lessee notice default in accordance
with Article XVII, unless the Lessee terminates such uses until it obtains City Commission
approval. Failure of Lessee to terminate such nonconforming uses and request City
Commission approval for such use within thirty days after notice as provided for herein,
unless Lessee decides to abandon such nonconforming uses, shall entitle Lessor to
pursue the termination of this Lease as provided for elsewhere in this Lease.
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ARTICLE V -TERMINATION OF PRIOR AGREEMENTS
5.1 Upon execution of this Lease the Prior Agreements between the parties set
forth above are hereby terminated and shall be of no further force or effect, except that
liabilities or obligations arising under the Prior Agreements shall continue to be binding on
the Lessee under this Lease.
ARTICLE VI -NET LEASE
6. 1 Lessee shall pay to the Lessor absolutely net throughout the term of this
Lease, the rent and other payments hereunder, free of any charge, assessments,
impositions, expenses or deductions of any kind and without abatement, deduction or
setoff, and under no circumstances or conditions, whether now existing or hereafter arising,
or whether within or beyond the present contemplation of the parties, shall the Lessor be
expected or required to make any payment of any kind whatsoever {unless reimbursed by
Lessee) or be under any other obligation or liability as to the Premises, except as otherwise
specifically stated in this Lease; and the Lessee agrees to pay all costs and expenses of
every kind and nature whatsoever arising out of or in connection with the Premises that
may arise or become due during the term of this Lease.
ARTICLE VII-PROVISIONS REGARDING PAYMENT OF TAXES
7.1 Lessee covenants and agrees with Lessor that as a further consideration for
the making of this Lease, the Lessee is obligated to and will pay all taxes levied or
assessed at any or all times for and after the year in which the Commencement Date
occurs, and during the term hereby demised, by any and all taxing authorities, and
including not only ad valorem and personal property taxes, but also special assessments
and liens for public improvements, and including in general all taxes, sales taxes, tax liens,
or liens in the nature of taxes which may be assessed, levied or imposed against the
Demised Premises or this Lease, including the land and all buildings, (and such personal
property by way of furnishings or equipment which the Lessee has or may bring upon or
be obligated to bring upon the Property), during the term of this Lease or any of the Prior
Agreements; but in the event any of these taxes and assessments are payable according
to their terms in installments, then the Lessee shall have the right to pay the same as such
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90
installments fall due, provided that the Lessee must effect payment of these taxes not later
than thirty (30) days before the time when the nonpayment thereof would render them
delinquent. The parties agree that in the event any special assessments are payable in
installments, the Lessee shall be responsible for such installments during the term of this
Lease, and may pay such sums in installments, and the Lessor shall be responsible for any
such assessments extending beyond the term of this Lease.
7.2 If Lessee desires to contest the validity of any tax or tax claim, Lessee may
do so without being in default hereunder as to its obligation to pay taxes, provided Lessee
gives Lessor written notice of its intention to do so and furnishes Lessor with a bond from
a corporate surety qualified to do business in the State of Florida, in one and one-half
times the amount of the tax item or items intended to be contested, conditioned to pay the
tax or tax items when the validity thereof shall finally have been determined, which written
notice and bond shall be given by Lessee to Lessor not later than a day which is thirty (30)
days before the tax item or items proposed to be contested would otherwise become
delinquent. If prior to the giving of such bond, Lessee shall have paid into the Registry of
a court of competent jurisdiction a sum of money to pay or apply on the payment of such
taxes, and if such money is so paid into the Registry of the Court that it may never be
withdrawn excepting for its application upon the payment of the contested taxes without
the consent in writing of the Lessor hereunder first had and obtained, then the amount of
the bond required by the terms of this paragraph may be diminished by the amount so paid
into the Registry of the Court. If there shall have been paid into the Registry of the Court
in the manner prescribed hereinabove a sum equal to one and one-halftimes the amount
of the tax being contested, then no bond, as otherwise provided for in this Article, need be
given by Lessee to Lessor. None of the provisions of this Paragraph 7.2 shall be available
to Lessee unless and until the enforcement of the contested tax, whether by way of
issuance of Tax Certificates, Tax Deed, reversion to the taxing authority, or otherwise, is
fully enjoined by a court of competent jurisdiction or is otherwise effectively stayed not later
than a day which is thirty (30) days before the particular tax item or items proposed to be
contested shall become delinquent; if such injunction or other stay is not secured by
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Lessee within that time, then the Lessor is authorized as provided for in Paragraph 7.3 of
this Article VII, to pay such taxes as then assessed and levied, notwithstanding any
pending or proposed suit to contest those taxes.
7.3 In the event the Lessee shall for any reason fail, refuse or neglect to pay any
taxes referred to in Paragraph 7.1 of this Article VII within the time specified therein, or if
the Lessee desires to contest, or by suit contests any such tax, but for any reason fails,
refuses or neglects to comply with the provisions of Paragraph 7.2 of this Article VII within
the time therein specified, then and in any such event, the Lessor may at its option pay
such taxes as then assessed and levied and the amount or amounts of money so paid,
including reasonable attorneys' fees and expenses which may have been reasonably
incurred in connection with such payments or by reason of the nonpayment thereof by the
Lessee, together with interest on all such amounts at the rate of ten per cent (1 0%) per
annum from the date of payment, shall be repaid by the Lessee to the Lessor and the
payment thereof may be collected or enforced by Lessor in the same manner as though
such amounts were an installment of rent specifically required by the terms of this Lease
to be paid by Lessee unto Lessor; but the payment of any such taxes by the Lessor shall
not waive the default thus committed by the Lessee.
7.4 Notwithstanding the foregoing, taxes (after deducting all available discounts
if utilized) for the last year of the term of this Lease occurs, will be prorated as of the
Termination Date of the term of this Lease, Lessee paying such taxes for that portion of
the termination year preceding the date oftermination ofthis Lease, and Lessor paying the
balance of such taxes for such year, if any.
ARTICLE VIII -LESSOR'S INTEREST NOT SUBJECT TO
MECHANICS' OR MATERIALMEN'S LIENS
8.1 All persons and parties, corporate and otherwise, are hereby notified of the
fact that the Lessee does not and shall never under any circumstances have the power,
right or authority to subject any interest of the Lessor in the Demised Premises to any
mechanics' or materialmen's liens or liens of any other kind or nature; and all persons
dealing with the Lessee are hereby notified of the fact that they must look only to the
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interest of the Lessee in the Demised Premises and not to any interest of the Lessor.
8.2 Lessee covenants and agrees with Lessor that Lessee will not permit or
suffer to be filed or claimed against the interest of the Lessor or the Lessee in the Demised
Premises during the continuance of this Lease any lien or claim of any kind, and if any
such lien is claimed or filed it shall be the obligation of the Lessee, within thirty (30) days
after the Hen or claim shall have been filed among the Public Records of Miami-Dade
County, Florida, or within thirty (30) days after the Lessor shall have been given notice of
any such lien or claim and shall have transmitted written notice of the receipt of notice of
such lien or claim unto the Lessee (whichever thirty (30) day period expires earlier), to
cause the Demised Premises to be released and discharged from such lien or claim, either
by payment into court of the amount necessary to relieve, release and discharge the
Demised Premises from such lien or claim, or in any other manner that as a matter of law
will result, within the period of thirty (30) days, in releasing and discharging the Lessor and
the title of the Lessor from such lien or claim; and Lessee covenants and agrees, within the
period of thirty (30) days, so to cause the Demised Premises and the Lessor's interests
therein to be released from the legal effect of every such lien or claim.
8.3 Notwithstanding the foregoing paragraph 8.2, Lessee may encumber the
Property with a leasehold mortgage as follows. Lessor agrees to execute a non-
distrubance agreement (containing language reasonably acceptable to the Lessor) for the
benefit of Lessee and the holder of any leasehold mortgage (the "Leasehold Mortgage")
and to cooperate with Lessee's efforts to obtain financing, including the execution of any
necessary documents, so tong as such documents are subject to the reasonable approval
of the Lessor's attorney. No leasehold mortgage shall be valid or of any force or effect
unless and until Lessor has consented thereto in writing (which consent shall be
conditioned upon Lessee's compliance with this Section 8.3) and a true copy ofthe original
of each Instrument creating and effecting such mortgage, certified by Lessee to be a true
copy of such instrument, together with written notice containing the name and post office
address of the Leasehold Mortgagee, has been delivered to the Lessee. Further, the
Leasehold Mortgage shall specifically provide:
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(a) That the Leasehold Mortgage is subject to all of the terms, covenants and
conditions of this Lease;
(b) That the Leasehold Mortgage encumbers only the Lessee's interest created by
this Lease in the Property and the Building;
(c) That the rights of the Lessor pursuant to this Lease will not be affected by the
terms of the Leasehold Mortgage;
(d) That the holder of the Leasehold Mortgage shall waive all right and option to
obtain and apply proceeds of any insurance or the proceeds of any condemnation award
toward payment of the sums secured by the Leasehold Mortgage to the extent such
proceeds are required by the terms of this Lease for the demolition, repair or restoration
of the Property;
(e) That the holder of the Leasehold Mortgage shalf agree to send Lessor copies
of all notices to Lessee in which such mortgagee claims that there exists one or more
uncured defaults under the terms and provisions of the Leasehold Mortgage, such notices
to be sent simultaneously to Lessor and Lessee;
(f) That the Leasehold Mortgage is a leasehold mortgage only and that such
mortgage has obtained no interest whatsoever in the underlying fee of the Land as a result
of the execution of the Leasehold Mortgage by Lessee;
(g) Only the Leasehold Mortgagee may acquire any right, title or interest in or to this
Lease, by acceptance of a deed or other instrument of conveyance thereof, by purchase
at a foreclosure sale or by transfer in lieu of foreclosure, and will conclusively be deemed
to have accepted such right, title or interest subject to all of the terms, covenants and
conditions of this Lease; it being the specific intent of Lessee and the Leasehold
Mortgagee that the Leasehold Mortgage encumber only Lessee's leasehold interest
created by this Lease in the Property, and that except as specifically set forth in this Lease,
the rights of Lessor shall not be affected by the terms of the Leasehold Mortgage; and
(h) That the Leasehold Mortgage and all rights thereunder shall be subject and
subordinate to Lessor's interest in the Property. The Leasehold Mortgagee shall upon
demand, at any time, execute, acknowledge and deliver to Lessor, without expense to
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Lessor, any instrument that may be necessary or proper to confirm the subordination of the
Leasehold Mortgage to the Lessor's interests in the Property.
ARTICLE IX-LESSOR•s RIGHTS AND REMEDIES
9.1 Although this is a long term Lease, all of the rights and remedies of the
respective parties shall be governed by the provisions of this instrument and by the laws
of the State of Florida as they exist from time to time. as such law relates to the respective
rights and duties of landlord and tenant.
9.2 During the continuance of this Lease, the Lessor shall have afl rights and
remedies which this Lease and the law of the State of Florida assures to it.
9.3 All rights and remedies accruing to the Lessor shall be cumulative; that is to
say, the Lessor may pursue such rights as the law and this Lease afford to it in whatever
order the Lessor desire and the law permits, without being compelled to resort to any one
remedy in advance of any other.
ARTICLE X -INDEMNIFICATION OF LESSOR AGAINST LIABILITY
10.1 Lessee covenants and agrees with Lessor that during the entire term of the
Lease the Lessee will indemnify and save harmless the Lessor against any and all claims,
debts, demands or obligations that may be made against or upon the Lessor, arising by
reason of or in connection with this Lease, or any alleged act or omission of the Lessee or
any person claiming by, through or under the Lessee; and if it becomes necessary for the
Lessor to defend any action seeking to impose any such liability, the Lessee will pay the
Lessor all costs of court and reasonable attorneys' fees incurred by the Lessor in effecting
such defense, including appeals, as and when such fees and expenses become due and
payable, in addition to any other sums which the Lessor may be called upon to pay by
reason of the entry of a judgment against the Lessor or any of them in the litigation in
which such claim is asserted.
10.2 From the time of the commencement of this Lease, the Lessee will cause to
be written and pay all premiums on a policy or policies of insurance in the form generally
known as Commercial General Liability policies, insuring the Lessee, and naming the
Lessor as an additional insured, against any and all claims and demands made by any
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person or persons whomsoever for injuries received in connection with the operation and
maintenance of the Demised Premises, including improvements and buildings located
thereon, or for any other reason whatsoever, or for any other risk insured against by such
policies, each class of which policies shall have been written with limits of not less than
One Million ($1,000,000.00) Dollars for damages incurred or claimed by any one (1)
person, and for not less than Three Million ($3,000,000.00) Dollars for damages incurred
or claimed by more than one person. All such policies shall name the Lessee and the
Lessor as the[r respective interests may appear, as the persons insured by such policies.
The original or a true copy of each of such policies shall be delivered by the Lessee to the
Lessor promptly upon the writing of such policies, together with adequate evidence of the
fact that the premiums are paid, and such insurance shall be kept continuously in full force
and effect by the Lessee at Lessee's sole cost and expense. The insurance shall be
placed with an insurance company having a Best Company rating of "A" or better, if such
insurance is available from such company(ies). If such insurance is not available on the
private market, Lessee may obtain insurance through alternate providers, after approval
in writing from Lessor. Lessor may review insurance coverages and require increased
coverage consistent with the value of improvements to the Property as improvements to
the Property are made.
10.3 Lessee shall also protect, defend, indemnify and hold Lessor harmless
against any loss or damage, including attorneys' fees and costs, arising out of or resulting
from any claim, action or law suit brought by a third party to (i) challenge the validity or
enforceability of this Lease, or any City action relating to this Lease, including challenges
to the referendum approval contemplated of this Lease; (ii) challenge the Lessor's title to
the Demised Premises; or (iii) enjoin this Lease. If any litigation is instituted against the
Lessor and/or the Lessee as a result of the approval of this Lease, then the Lessee shall
defend the Lessor and save the Lessor harmless from any and all reasonable attorneys'
fees and court costs that may be incurred, both at the trial and appellate level. Counsel
in such actions shall be selected by Lessee, subject to approval of Lessor, which approval
shall not be unreasonably withheld or delayed.
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10.4 Lessee, at Lessee's expense, shall comply with all laws, rules, orders,
ordinances, directions, regulations and requirements offederal, state, county and municipal
authorities pertaining to Lessee's use of the Premises and with the recorded covenants,
conditions and restrictions, regardless of when they become effective, including, without
limitation, all applicable federal, state and local laws, regulations or ordinances pertaining
to air and water quality, Hazardous Materials (as hereinafter defined), waste disposal, air
emissions and other environmental matters, all zoning and other land use matters, and
utility availability, and with any direction of any public officer or officers, pursuant to law,
which shall impose any duty upon Lessor or Lessee with respect to the use or occupation
of the Premises.
1 0.4.1 Lessee shall {i) not cause or permit any Hazardous Material to be
brought upon, kept or used in or about the Premises by Lessee, its agents, employees,
contractors or invitees without the prior written notice to Lessor, demonstrating to Lessor
that such Hazardous Material is necessary or useful to Lessee's use of the Premises and
will be used, kept and stored in a manner that complies with all laws regulating any such
Hazardous Material so brought upon or used or kept in or about the Premises. If Lessee
breaches the obligations stated in the preceding sentence, or if the presence of Hazardous
Material on the Premises results in contamination of the Premises, or if contamination of
the Premises by Hazardous Material otherwise occurs, then Lessee shall indemnify,
defend and hold Lessor harmless from any and all claims, judgments, damages, penalties,
fines, costs, liabilities or losses (including, without limitation, diminution in value of the
Premises, damages for the loss or restriction on use of rentable or usable space or of any
amenity of the Premises, damages arising from any adverse impact on markettng of space,
and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees)
which arise as a result of such contamination. This indemnification of Lessor by Lessee
includes, without limitation, costs incurred in connection with any investigation of site
conditions or any cleanup, remedial, removal or restoration work required by any federal,
state or local governmental agency or political subdivision because of Hazardous Material
present in the soil or ground water on or under the Premises. Without limiting the
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foregoing, if the presence of any Hazardous Material on the Premises results in any
contamination of the Premises, Lessee shall promptly take all reasonable actions at its sole
expense as are necessary to return the Premises to the condition existing prior to the
introduction of any such Hazardous Material to the Premises; provided that Lessor's
approval of such actions shall first be obtained, which approval shall not be unreasonably
withheld. The foregoing indemnity shall survive the expiration or earlier termination of this
Lease.
10.4.2 "Hazardous materials" mean (a) pesticides and insecticides; (b)
petroleum and its constituents; (c) any substance which is or may hereafter be defined as
or included in the definition of"hazardous substances," "hazardous materials," "hazardous
wastes," "pollutants or contaminants," "solid wastes~~ or words of similar import under the
Comprehensive Environmental Response, Compensation and Liability Act, as amended,
42 U.S.C. §9061, et seq.; the Hazardous Materials Transportation Act, as amended, 49
U.S.C. §1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42
U.S.C. §6901 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C.
§1251 et seq., Chapters 376 and 403, Florida Statutes; Chapter 24 of the Code of
Metropolitan Dade County; (d) any other substance, the exposure to or release of which
is regulated by any governmental entity having jurisdiction over the Premises or the
operations thereon; and (e) any substance that does or may pose a hazard to the health
or safety of the persons employed at or invitees on the Premises.
1 0.4.3 At the commencement of this Lease, and on January 1 of each year
thereafter (each such date being hereafter called 11 Disclosure Date"), including January 1
of the year after the termination of this Lease, Lessee shall disclose to Lessor the names
and amounts of all Hazardous Materials, or any combination thereof, which were stored,
used or disposed of on the Premises, or which Lessee intends to store, use or dispose of
on the Premises. Notice of Lessee's use of Hazardous Materials on the Property shaH not
be a waiver of any of Lessor's claims, defenses or rights related to Lessee's use of such
materials.
1 0.4.4 Lessor and its agents shall have the right, but not the duty, to inspect the
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Premises at any reasonable time to determine whether Lessee is complying with the terms
of this Lease. If Lessee is not in compliance with this Lease, Lessor shall have the right
to immediately enter upon the Premises to remedy any contamination caused by Lessee's
failure to comply notwithstanding any other provision of this Lease. Lessor shalf use its
best efforts to minimize interference with Lessee's business but shall not be Hable for any
interference caused thereby.
1 0.4.5 Any default under this Paragraph shall be a material default enabling
Lessor to exercise any of the remedies set forth in this Lease.
1 0.4.6 Lessee acknowledges it has occupied the Property under the Prior
Agreements since June 3, 1981, is receiving the property in "as is" condition, and Lessor
is not responsible for the existing condition of the Property.
ARTICLE XI -FIRE AND WINDSTORM, ETC. INSURANCE PROVISIONS
11.1 Lessee covenants and agrees with Lessor that Lessee will insure and keep
insured any and all buildings and improvements now upon and hereafter placed upon the
Demised Premises and any and all personal property which Lessee brings, or has brought,
or which under the terms of this Lease, the Lessee may be obligated to bring upon the
Demised Premises, all of which insurance shall be written through insurance companies
authorized to do business in the State of Florida, for Property All Risk Coverage, including
protection against all loss or damage by fire, windstorm and flood, and what is generally
termed in the insurance field as "extended coverage," which insurance will be maintained
in an amount that will be sufficient to prevent any party in interest from being or becoming
a co-insurer of any part of the risk, and all of such policies of insurance shall bear a "Loss
payable clause" in which there shall be included the names of the Lessor as parties
insured thereby, as their interests may appear.
. 11.2 From the inception of any construction which Lessee may effect on the
Demised Premises, the Lessee will cause Builders' Risk insurance policies to be written
and maintained throughout such construction in compHance with the provisions of the
foregoing paragraph.
11.3 In the event of the destruction of or damage to the buildings, or of any of the
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improvements, by fire, windstorm or other casualty for which insurance shall be payable,
and as often as such insurance money shall have been paid to the Lessor and the Lessee,
sums so paid shall be deposited in a joint account of the Lessor and Lessee in a bank in
Miami-Dade County, Florida designated by the Lessor, and shaH be available to the Lessee
for the reconstruction or repair, as the case may be, of any building or buildings, damaged
or destroyed by fire, windstorm or other casualty for which insurance money shall be
payable, and shall be paid out by the Lessor and the Lessee from the joint account from
time to time on the estimate of any architect licensed in the State of Florida having
supervision of such reconstruction and/or repair, certifying that the amount of such
estimate is being applied to the payment of the reconstruction and/or repair and at a
reasonable cost therefor; provided, however, that it first be made to appear to the
satisfaction of the Lessor that the amount of money necessary to provide for the complete
reconstruction and/or repair of any, building or buildings destroyed or damaged as
aforesaid, according to the plans adopted therefor and approved by the Lessor, has been
provided by the Lessee for such purpose and its application for such purpose assured.
The proceeds of the Personal Property Insurance covering personal property belonging
to the Lessee shall likewise be deposited in a joint bank account to the credit of the Lessor
and the Lessee, and shall be paid out for the replacement or repair, as the case may
require, of destroyed or damaged personal property. The Lessee covenants and agrees
that in the event of the destruction of or damage to the buildings and/or improvements or
any part thereof, and as often as any buildings or improvements on the Premises shall be
destroyed or damaged by fire, windstorm, or other casualty, the Lessee shall rebuild or
repair (as the case may require), the same in such manner that the building or
improvement so rebuilt and/or repaired shall be of the same or greater value as the
building and the improvements upon the Demised Premises were immediately prior to such
damage or destruction, and shall have the same rebuilt and/or repaired and ready for
occupancy and have received the appropriate certificate of occupancy and/or completion
from the City's Building Department within two years from the time when the damage or
destruction occurred, and shall within that period replace and repair as the case may
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require, personal property destroyed or damaged; this obligation of the Lessee to rebuild
and repair the buildings and improvements, and to replace and repair the personal
property, shaH exist and be enforceable irrespective of the availability of any insurance
funds for any of these purposes. With Lessor's prior written consent, the two-year period
for reconstruction or repair shall be enlarged and extended by delays caused without fault
or neglect on the part of the Lessee, by act of God, strikes, lockouts or other conditions
beyond the Lessee's controL
11.4 Nothing herein contained shall be construed as prohibiting the Lessee from
financing the premiums on such policies, or from such payments having a deductible
amount not exceeding five percent (5%) of the insurable value of the improvements.
11.5 If at any time any such insurance money comes into the possession of the
Lessor and the Lessee after destruction or damage by fire or windstorm or other casualty
and the Lessee is in default in the payment of rent, taxes, assessments, Hens or other
charges which by the terms of this Lease the Lessee is obligated to pay or pay for, or if
such default should occur during the time such insurance money or any part thereof is in
the joint bank account, as aforesaid, then the Lessor shall be paid so much of the
insurance money as may be necessary fully to pay or discharge any such sum of money
in the payment of which the Lessee is in default, as aforesaid, and this shaH be done
whenever and as often as any such default shall occur on the part of the Lessee. Nothing
contained herein, however, shall be construed as permitting the Lessee to default in the
payment of rent or other charges herein stipulated to be paid or in the performance of the
other covenants in this Lease. The Lessor may, at its option, in case of default in the
payment of such rent or other charges or default in the performance of any other covenant
in this Lease, proceed against the Lessee for the collection of such rental and charges, and
recover and take possession of the Premises herein described, and without prejudice to
their rights to the benefit of such insurance money as payment of such rental and other
charges.
11 .6 It is agreed by and between the Lessor and Lessee that any excess of money
received from insurance or other sources remaining in the joint bank account after the
completion of the reconstruction, replacement or repair of such building or buildings and
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personal property, and if there is no default on the part of the Lessee in the performance
of any of the covenants of this Lease, shall be paid to Lessee; but In the event the Lessee
fails for any reason to commence the reconstruction or repair of such building or buildings
within six (6) months after the date of the damage or destruction occasioned by fire,
windstorm or other cause for which insurance money shall be payable, or the Lessee for
any reason fails within that six (6) month period to provide in the manner required by
Paragraph 11.3 of this Article XI, a sufficient sum of money to prosecute the reconstruction
and repair work with such dispatch as may be necessary to complete the same within
eighteen (18) months after the occurrence of such damage or destruction occasioned as
aforesaid, except in the case of Force Majeure, as provided in Article XXVI, or Unavoidable
Delays under paragraph 15.11.1, then and in every such event, the lessee shall be
deemed to have refused to carry out its obligation to reconstruct, replace and repair, and
the amount so collected or the balance thereof remaining in the joint account, as the case
may be, shall be paid to the Lessor as liquidated and agreed upon damages resulting from
the failure of the Lessee to reconstruct, replace and repair, and the lessor shall have the
option, notwithstanding its retention of such sum, to terminate this lease.
ARTICLE XII -LESSEE'S DUTY TO PAY INSURANCE PREMIUMS
12.1 lessee covenants and agrees with lessor that Lessee will pay the premiums
for all of the insurance policies which lessee is obligated to carry under the terms of this
Lease, and will deliver to the Lessor evidence that all such premiums have been paid on
or before the effective date of each such policy or proper evidence of extended credit
and/or evidence of financing the payment of such premiums, and Lessee will cause
renewals of all expiring policies to be written, and the policies or copies thereof, as the
Lease may require, to be delivered to the Lessor at least ten (10) days before the
expiration date of such expiring policies. The parties note that in 1{10.2, Lessor may review
insurance coverages and require increased coverage consistent with the value of
improvements to the Property as improvements to the Property are made.
12.2 Nothing herein contained shall ever be construed as rendering the Lessor
personally liable for the payment of any such insurance premiums, but if at any time during
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the continuance of this Lease the Lessee shall fail, refuse or neglect to procure any of the
policies of insurance required in and by this instrument to be procured by the Lessee, or
to keep and maintain the same in full force and effect. or to pay the premium therefore
promptly when due, the Lessor may, at its option, procure or renew such insurance, and
thereupon the amount or amounts of money paid as the premium or premiums thereon
plus interest at the rate often percent (1 0%) per annum from date of payment thereof shall
be collectible as though it were rent then matured hereunder, and shall be due and payable
forthwith, or in lieu thereof and notwithstanding the procurement and renewal of such
policies by the Lessor, this Indenture and the terms created hereby may, at the option of
the Lessor, be terminated and declared at an end and all of the right. estate and interest
of the Lessee in such event hereunder shall immediately cease and become null and void.
ARTICLE XIII -ASSIGNMENT
13.1 This Lease is not freely assignable, and no assignment, transfer, sublease,
subconcession or license agreement shall be valid unless there is a prior written consent
by the Lessor, which consent shall be within the sole discretion of the Lessor, and such
instrument of assignment (the "Assignment") that has been consented to is in writing,
which Assignment must contain an assumption agreement. duly executed by the Assignee
of this Lease and in recordable form, wherein and whereby the Assignee accepts the
assignment and assumes and agrees to timely and fully perform and comply with all ofthe
Lessee's covenants and agreements contained in this Lease, and unless and until written
notice (the "Notice") shall have been given to the Lessor by the Assignor and Assignee,
(the Notice to be given in the manner hereinafter prescribed as the manner and method
for giving Notice), enclosing a duplicate-original or photostat of the original instrument of
Assignment and the address at which Notice may thenceforth be given to the Assignee.
Approval of any assignment or transfer to an entity other than a not-for-profit corporation
shall be conditioned upon the renegotiation of the rent to be paid under this Lease to reflect
a fair market value of the demised premises. Subleases, subconcessions, or license
agreements consistent with the uses set forth in paragraph 4.1 are subject to the approval
of Lessor, which approval shall not be unreasonably withheld.
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13.2 The lessor covenants and agrees that it will within sixty (60) days after
service of Notice upon it of a proposed assignment of this Lease, giving the name and post
office address of the proposed Assignee, advise the lessee in writing as to whether the
Lessor will consent to the assignment of the Lease and further advise the Lessee in writing
of the existence or nonexistence of any default on the part of the Lessee under the terms
of this Lease, and If there is any default or defaults, a statement setting forth such default
or defaults. Lessor's failure to give such advice in writing within the time required shall not
constitute either notice of the absence of any default, or consent to the proposed
assignment. Only Lessor's response in writing of the existence or not of a default and
permission or not of an assignment shall be effective with respect to each such item.
13.3 Any transfer or assignment of this lease, as a result of the Leasehold
Mortgagee having acquired title to the leasehold estate of lessee by foreclosure of the
Leasehold Mortgage, or transfer in lieu of foreclosure, shall require prior written consent
of the Lessor predicated upon the transferee or assignee being a not-for-profit corporation
that will solely conduct activities on the Property that are sponsored by the Jewish
Community Centers Association of North America, as provided in section 4.1.
ARTICLE XIV -CONDEMNATION CLAUSE
14.1 It is further understood and agreed that if at any time during the continuance
of this Lease the Demised Premises or the improvements and buildings located thereon
or any portion thereof be taken, appropriated or condemned by reason of eminent domain,
there shall be such division of the proceeds and awards in such condemnation
proceedings, and such abatement of rent and other adjustments made, as shall be just and
equitable under the circumstances. If the Lessor and the Lessee are unable to agree upon
what division, annual abatement of rent or other adjustments are just and equitable within
thirty (30) days after such award shall have been made, then the matters in dispute shall
by appropriate proceedings, be submitted to a court having jurisdiction of the subject
matter of such controversy in Miami-Dade County, Florida, for its decision and the
determination of the matters in dispute. If the legal title to the entire Demised Premises is
wholly taken by condemnation, the Lease shall automatically and without notice be
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canceled. No allocation of condemnation proceeds between Lessor and Lessee shall be
based upon Lessee's interest in the land; notwithstanding, the Lessee shall be
compensated for Lessee's interest in the improvements under this Lease in accordance
with the condemnation award.
14.2 Although the title to the buildings and improvements placed by the Lessee
upon the Demised Premises will pass to the Lessor upon the termination of this Lease,
nevertheless, for purposes of condemnation only, the fact that the Lessee ptaced such
buildings and improvements on the Demised Premises, at Lessee's cost and expense,
shall be taken into account in determining the portion of the condemnation award to which
the Lessee is entitled. In general, it is the intent ofthis Article that upon condemnation, the
parties shall share in their awards to the extent that their interests respectively are
depreciated, damaged or destroyed by the exercise of the right of eminent domain.
14.3 If a partial taking or a total taking renders the Premises unsuited for the
permitted uses as provided for herein, Lessee, may at its sole option and expense, remove
all of its personal property from the portion of the property taken, however, Lessee shall
continue to be liable under this Lease and continue its rights and obligations as to the
remainder of the Property not so taken, unless released in writing by Lessor.
ARTICLE XV -ADDITIONAL IMPROVEMENTS
15.1 This Lease is made with the understanding and agreement that Lessee will
construct additional improvements, valued at no less than two million dollars
($2,000,000.00) to the buildings and improvements presently located on the Demised
Premises upon the prior written consent of the Lessor (the "Proposed lmprovements 11
).
The Proposed Improvements may be placed on the three platted lots comprising the
Property, and shall not be inconsistent with the conceptual plan presented by Lessee to
Lessor, attached as Exhibit "A" to this Lease ("Concept Plan"), subject to prior approval in
writing by Lessor as provided in this Article. Any and all improvements, shall be at the sole
cost and expense of the Lessee.
15.2 Lessee is solely responsible for the design of any improvements to the
Property, and obtaining all approvals from City and other applicable regulatory agencies
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therefor, including approvals by City as Lessor, and approvals by City in its regulatory
capacity under the City Code and other applicable laws. Pursuant to Miami Beach City
Code §142-423, Lessee has submitted its proposed uses and the Concept Plan to the
Planning Board for its review. The Planning Board has recommended approval of the uses
and supports the concept of the Concept Plan.
15.3 Lessee shall submit to Lessor (acting in its proprietary capacity as owner of
the Property) Preliminary Plans and Specifications for the Proposed Improvements, which
shall include, but not be limited to, a detailed site plan, a landscape plan, elevation
drawings of each facade, a detailed floor plan for each of the floors of the Proposed
Improvements, a calculation of the floor areas for each floor, and a calculation of the total
floor area dedicated to each use within the Proposed Improvements (the "Preliminary Plans
and Specifications").
15.4 Lessee shall submit its Preliminary Plans and Specifications to Lessor's City
Manager for approval within three years of the Commencement Date. The City Manager
shall have twenty (20) Business Days to review the Preliminary Plans and Specifications.
If the City Manager concludes that the Preliminary Plans and Specifications are materially
inconsistent with the Concept Plan, the City Manager shall, and in any event the City
Manager may, submit the Preliminary Plans and Specifications to the City Commission for
its review and approval as Lessor (acting in its proprietary capacity as owner of the
Property), at the next City Commission meeting, along with a written report of the
Administration's review and recommendations, including a review and recommendation
from the City's Planning Director. The City Commission may refer the matter to the City's
Planning Board for its review and recommendations before acting thereon. If Lessor
disapproves the Preliminary Plans and Specifications, then Lessee shall, at its election,
either (a) submit Lessor's disapproval to mediation as provided in this Lease, as to the
reasonableness of the disapproval, or (b) submit a revised modification to the Preliminary
Plans and Specifications to meet Lessor's objections, which revised modification shall be
submitted and reviewed as provided above. Failure of the Lessee to seek mediation or
submit revised Preliminary Plans and Specifications within sixty days from the date of
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Lessor's disapproval, but no later than three years from the Commencement Date, shall
constitute a Default under this Lease.
15.5 Lessee shall, within two months of Lessor's approval of the Preliminary Plans
and Specifications, but no later than three years from the Commencement Date, submit
an application for approval of the design for the Proposed Improvements to the City's
Design Review Board and to other City boards, as applicable. Failure of the Lessee to
submit its application, as provided in this Section, to the ORB, by the date which is two
months from the receipt of Lessor's final approval as above provided shall constitute a
Default under this Lease. Lessee shall pursue approval of its applications to the City
boards, as applicable, diligently and in good faith.
15.6 Public Facilities and Concurrency. Lessee shall be solely responsible for
obtaining all land use permits, including, but not limited to, all permits and approvals
required pursuant to Chapter 122, Miami Beach City Code, with respect to concurrency
requirements for roads, sanitary sewer, solid waste, drainage, potable water, parks and
recreation (the "Concurrency Requirements").
15.7 Plans and Specifications. Upon receipt of the ORB's approval of the Proposed
lmprov:ements, and all other City boards' approvals, as applicable, Lessee shall prepare
for review by Lessor construction Plans and Specifications for construction of the Proposed
Improvements, consistent with the Preliminary Plans and Specifications, as approved by
the Lessee, the ORB, and other City boards, as applicable. The Plans and Specifications
shall be submitted to the Lessor {acting in its proprietary capacity as owner of the Property)
within twelve months from the date on which the ORB approves the Proposed
Improvements, but no later than five years from the Commencement Date (if appealed, the
time shall run from the issuance of a final nonappealable order). The Plans and
Specifications, or modifications thereto, shall be reviewed by the City Manager, within
twenty (20) business days, except for modifications thereto, which shall be reviewed within
ten ( 1 0) business days, solely for consistency with the Preliminary P Jans and Specifications
as the same may have been modified by the ORB or other City boards, as applicable. If
Lessor disapproves the Plans and Specifications, then Lessee shall, at its election, either
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(a) submit Lessor's disapproval to mediation as provided for in this Lease, as to the
reasonableness of the disapproval, or (b) submit a revised modification to the Plans and
Specifications to meet Lessor's objections, which revised modification shall be submitted
and reviewed as provided above. Lessee shall pursue approval by the City of the Plans
and Specifications diligently and in good faith.
15.8 Conditions Precedent to Lessee's Commencement of Construction of the
Proposed Improvements. Lessee shall obtain a final Building Permit for the Proposed
Improvements by not more than five years from the Commencement Date and failure to
do so shall constitute a Default under this Lease. Lessor's remedy for this Default, and for
all defaults under this Article 15 for failure to follow the time schedule under this Article
related to the Proposed Improvements, shall be limited to a reversion of the duration of the
Lease term to that last provided in the Prior Agreements, to a termination date of October
31, 2015, with two tenwyear lease options by Lessee. In such event, all other remaining
provisions of this Lease shall remain in full force and effect. Lessee shall not commence
construction of the Proposed Improvements unless and until (a) Lessee shall have
obtained and delivered to Lessor copies of all final Permits and Approvals required to
commence construction and (b) Lessee shall have delivered to Lessor original certificates
of the policies of insurance required to be carried pursuant to this Lease.
15.9 Lessor (solely in its capacity as the owner of the Property and not in its
regulatory capacity) shall reasonably cooperate with Lessee in obtaining the Permits and
Approvals required to construct the Proposed Improvements, shall sign any application
reasonably made by Lessee that is required in order to obtain such permits and approvals
and shall provide Lessee with any information and/or documentation not otherwise
reasonably available to Lessee (if available to Lessor) that is necessary to procure such
permits and approvals. Any such accommodation by Lessor shall be without prejudice to,
and shall not constitute a waiver of, Lessor's rights to exercise its discretion in connection
with its regulatory functions. Lessee shall reimburse Lessor, within ten (1 0) days after
Lessor's demand, for any reasonable out-of-pocket cost or expense payable to Lessor's
technical consultants (other than Lessor's employees), such as architects and engineers,
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so incurred by Lessor In connection with Lessor's assistance in obtaining the permits and
approvals required by the Proposed Improvements.
15.10 Lessee shall not commence construction of the Proposed Improvements,
or any portion thereof, unless and until Lessor shall have approved the Plans and
Specifications, as provided in this Lease. However, if Lessee chooses to perform any
construction ofthe Proposed Improvements beyond the initial two million dollar investment
on a phased basis, Lessee may request the necessary approval of Lessor in stages and
perform that portion of the Proposed Improvements that has been approved (provided
Lessee shall comply with all other requirements with respect to such portion of the
Proposed Improvements), even if progress plans and specifications for other portions of
the improvements have not yet been prepared.
15.11 Commencement and Completion of Construction of the Proposed
Improvements. Lessee shall at its expense (a) commence construction on or before sixty
(60) days after all permits and approvals necessary for the commencement of construction
are issued, but no later than five years from the Commencement Date (the "Construction
Commencement Date") and (b) thereafter continue to prosecute construction of the
Proposed Improvements with diligence and continuity to completion. ~~commence
Construction" or "Commencement of Construction" means the commencement of major
work (such as pilings or foundations) for construction of the Proposed Improvements.
Promptly after Commencement of Construction, Lessee shall notify Lessor in writing of the
date of such commencement. Any and all preliminary site work (including, without
limitation, any environmental remediation and ancillary demolition) shall not be deemed to
be Commencement of Construction. If, after Lessee has commenced construction, Lessee
fails to diligently prosecute construction of the Proposed Improvements (subject to
unavoidable delays), and such failure continues (subject to unavoidable delays) for thirty
(30) consecutive days after Lessee's receipt of notice of such failure, Lessor shall, in
addition to all of its other remedies under this Lease, have the right to seek such equitable
relief (either mandatory or injunctive in nature) as may be necessary to cause diligent and
continuous prosecution of construction of the Proposed Improvements (subject to
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unavoidable delays) by Lessee, it being understood that construction of the Proposed
Improvements is a material inducement to Lessor to enter into the Lease and monetary
damages shall be inadequate to compensate Lessor for harm resulting from such failure.
Notwithstanding anything to the contrary contained herein, if Lessee fails to substantially
complete construction of the Proposed Improvements by the date provided for in this
Lease, then the same shall constitute a default under this Lease.
15.11. 1. "Unavoidable delays" shall mean delays due to strikes, slowdowns,
lockouts, acts of God, inability to obtain labor or materials, war, enemy action, civil
commotion, fire, casualty, eminent domain, catastrophic weather conditions, a court order
that actually causes a delay (unless resulting from disputes between or among the party
alleging an unavoidable delay, present or former employees, officers, members, partners
or shareholders of such alleging party or of affiliates of such alleging party), in the
application of any requirement The party alleging unavoidable delay shall notify the other
within twenty days of such occurrence, however, failure to do so shall not waive any rights
caused by such delay. The times for performance related to the Proposed Improvements
set forth in this Lease shall be extended to the extent performance is delayed by
unavoidable delays.
15.12 Completion of Construction of the Proposed Improvements. Substantial
completion of the Proposed Improvements shall be accomplished in a diligent manner, and
in any event no later than two years from the issuance of a full building permit.
"Substantial completion" as used herein shall require the issuance of a temporary or final
certificate of occupancy by City's building department. Such date may be extended for
good cause shown upon request in writing to Lessor's City Manager, which extension by
the City Manager shall not be unreasonably withheld. Final completion of the construction
of the Proposed Improvements, shall be accomplished in a diligent manner, in each case
in a good and workmanlike manner, in substantial accordance with the Plans and
Specifications (with no material deviations except as expressly permitted herein), at
Lessee's sole cost and expense. Upon Substantial Completion of Construction of the
Proposed Improvements, Lessee shall furnish Lessor with the following:
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{a) a certification of the Architect {certified to Lessor on the standard AlA
certification form) that it has examined the Plans and Specifications and that, in its
professional judgment, after diligent inquiry, construction of the Proposed Improvements
has been Substantially Completed in accordance with the Plans and Specifications
applicable thereto and, as constructed, the Improvements comply with all applicable codes
and laws;
(b) a copy or copies of the temporary and final certificates of occupancy for the
Proposed Improvements (or portion thereof, as applicable) issued by the City of Miami
Beach Building Department;
(c) lien waivers in form and substance reasonably satisfactory to Lessor from each
contractor, subcontractor, supplier or materialman retained by or on behalf of Lessee in
connection with the construction of the Proposed Improvements, evidencing that such
persons have been paid in full for all work performed or materials supplied in connection
with the construction of the Proposed Improvements;
(d) a complete set of "as built" plans and a survey showing the lmprovement(s)
(excluding personalty} for which the construction of the Proposed Improvements has been
completed. Lessor shall have an unrestricted license to use such "as built .. plans and
survey for any purpose related to the Property without paying any additional cost or
compensation therefor, subject to copyright and similar rights of the Architect to prohibit
use of designs for purposes unrelated to the Property, as such rights exist in law or may
appear in the Architect's contract, and subject to applicable public records laws. The
foregoing requirement with respect to "as built" plans shall be satisfied by Lessee
furnishing to Lessor, at Lessee's expense, a complete set of Plans and Specifications, with
all addenda thereto and change orders in respect thereof, marked to show all changes,
additions, deletions and selections made during the course of the construction of the
Proposed Improvements; and
(e) a Contractor's Final Affidavit in form and substance reasonably satisfactory to
Lessor executed by the General Contractor {i) evidencing that all contractors,
subcontractors, suppliers and materialmen retained by or on behalf of Lessee in
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connection with the Construction of the Proposed Improvements have been paid in full for
all work performed or materials supplied in connection with the Construction of the
Proposed Improvements and (ii) otherwise complying with all of the requirements under
the Florida Construction Lien Law, Chapter 713, Florida Statutes, as amended.
15.13 Land Development Regulations. The provisions ofCityCode section 142-425
apply to the Property. As provided therein, Lessor adopts the land development
regulations applicable to the Property as set forth in the memorandum of the Planning
Director, dated May 23, 2000, attached hereto as Exhibit "B."
15.14 Construction of the Proposed Improvements shall be carried out pursuant to
Plans and Specifications prepared by licensed architects and engineers, with controlled
inspections conducted by a licensed architect or professional engineer as required by
applicable requirements.
15. 15 Upon Substantial Completion of the project, Lessee shall certify to Lessor
that it has, in fact, expended not less than said amounts for total construction costs.
15.16 Lessee shall deliver to the Lessor a Completion Bond with corporate surety
authorized to do business as such in Miami-Dade County, Florida, and satisfactory to the
Lessor as to the form and surety, guaranteeing the completion of the Proposed
Improvements in accordance with the approved Plans and Specifications, and have
received the appropriate certificate of occupancy and/or completion from the City's Building
Department, and indemnifying and saving harmless the Lessor and the title of the Lessor
against the claims of all parties who furnish work, labor, services and/or materials to the
premises.
15.17 Any building operation, once commenced, must be carried through
continuously to completion, but any interruption or delay in the doing and completion of the
work which shall have been caused by act of God, or the public enemy, or strike, or natural
casualty, or other circumstances not occasioned by or attributable to the fault, default or
neglect of the Lessee shall not be deemed to cause the Lessee to be in default under this
paragraph, so long as the Lessee exercises due diligence to cause the work of
construction to be carried through to completion as promptly and expeditiously after the
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commencement thereof as possible.
ARTICLE XVI-DEED RESTRICTIONS CONCERNING THE USE OF THE PROPERTY
16.1 The Demised Premises shall hereby contain the following restrictions,
covenants and limitations:
(a) That the Lessee shall at all times remain a not-for-profit corporation;
(b) The lessee has requested that the Lessor accommodate the religious
needs of the community on the Property. If religious services are conducted upon the
Property that they be limited to a multipurpose room no larger than 2,000 sq. ft., specified
on plans to be provided Lessor, for which Lessee shall pay Fair Market Value. Such use
shall be minor and incidental. Lessee may charge any user of the multi-purpose space
designated for religious services Lessee's maintenance and overhead costs over and
above the Fair Market Value Lessee is obligated to pay Lessor for such space under this
Lease. The Fair Market Value Lessee shall pay Lessor shall be based upon a square
footage rate for the proportionate use of such room determined by an appraisal of
comparable commercial space in the City, prepared by a Florida licensed professional
appraiser selected by Lessee from the Lessor's list of approved appraisers, who shall
certify his or her objective and professional work thereon. The Lessor has the right to
review the Lessee's appraisal, and to obtain its own appraisal. If the Lessor decides to
exercise such right, at Lessor's sole cost and expense, it shall notify Lessee, and the Fair
Market Value shall be the average of the two appraisals. Fair Market Value shall be
reappraised every five years during the Lease term, which reappraisal shall be conducted
within the six months prior to the commencement of the next five~year period. If Lessee
desires to redesignate the room assigned for this purpose, Lessee shall give written notice
to Lessor designating the new space on a floor plan sufficient to identify the location and
dimensions of the room selected. The last determined Fair Market Value shall apply to the
new room based on its square footage. The religious use allowed in this Lease shall not
result in the full-time exclusive use of the designated multi-purpose room. In the event
Lessee wishes to use, or permit another user to use, a larger space such as a gymnasium
or auditorium on the Property for other holiday services, not exceeding ten holidays per
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year, then Lessor shall determine a reasonable rate for such use payable to Lessor
comparable to the rates charged for other special events within the City at the time, such
as the rates charged at the 21st Street Recreation Center.
The following additional restrictions shall be applicable to the Property:
(i) No permanent displays or religious symbols or other indications of
religious purpose shall be visible to passersby, except that the words ~~Jewish Community
Center," and the flag of the State of Israel, may be used. This shall not prohibit the
temporary use of religious displays during holiday periods, or signs announcing such
holiday periods or events, if otherwise permitted by applicable regulations. This shaH also
not prohibit the use of mezuzahs on the Property;
(ii) Displays or symbols, and any tabernacle or arc in the multi-purpose
room also designated for religious services shall be easily removable or screened off from
view to accommodate other religious organizations and individuals desiring to use such
room;
(iii) The multi-purpose room also designated for religious services shall
be made available to other religious groups and individuals regardless of the religious
content of their worship activities, subject to payment by such other religious groups and
individuals of the same rate of Fair Market Value then payable by Lessee, to Lessor, and
subject to reasonable use restrictions by the Lessee so as not to interfere with other
scheduled activities in the room and on the Property;
(iv) The Lessee shall affirmatively make the Property, its facilities, and
the Lessee's programs and activities open to persons of all races, colors, creeds or
national origins, and take reasonable steps to publicize the availabiHty thereof.
(c) That the Property shall at no time during the term of the Lease be
assigned, sublet, or in any way shall the dominion and control over the Property be in any
person or entity other than the Lessee, without the prior written consent of the Lessor, and
if such consent is given, Fair Market Value shall be paid by Lessee or its successor to
Lessor for such space assigned or sublet, unless this provision is waived by action of the
City Commission;
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(d) That all fire and extended coverage and flood insurance, maintenance,
and other costs for the improvements and the general upkeep of the Property, and all
replacements necessary in connection therewith. shall be the sole cost and expense of the
Lessee;
(e) That the Lessee shall provide personnel on the Premises during
operating hours and either a security service or electronic security service during non-
operating hours during the entire term of the Lease, proof of which shall be provided to
Lessor via copy of security agreement and receipts therefor.
(f) That the Lessee shall be obligated to provide public liability insurance
and property damage insurance at its cost and expense to the Demised Premises during
the terms of this Lease.
(g) Exterior signs, if any, will be of a design and form approved by the
Lessor. and in accordance with the Miami Beach City Code and other applicable laws and
codes. Lessee shall assume the cost of any such signs. Lessee shall remove all signs
upon the termination of this Lease and any damage or unsightly condition caused to the
Property because of or due to such signs shall be corrected or repaired by Lessee to the
satisfaction of Lessor.
16.2 The violation by the Lessee of any of the covenants, restrictions and
undertakings as set forth in Paragraph 16.1 above, shall be considered an Event of Default
and the Lessor shall be entitled to all of the remedies as set forth in Article XVII hereof.
ARTICLE XVII-DEFAULT CLAUSE
17.1 It is further covenanted and agreed by and between the parties hereto that
in case at any time default shall be made by the Lessee with regard to any of its obligations
as provided in this Lease, except as specifically elsewhere provided, each of which shall
be an "Event of Default," then, in any of such events, following notice in writing by certified
mail, return receipt requested, or by hand delivery, or such other conveyance then
permitted by law, and an opportunity to cure within the thirty~day period following delivery
of such notice, and Lessee after such notice and opportunity to cure has failed to cure, as
provided for in section 17.3, it shall and may be the Lessor's right to declare such demised
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term ended and to re-enter upon the Premises and the building or buildings and
improvements situate thereon or any part thereof, either with or without process of law, the
Lessee hereby waiving any demand for possession of the Premises and any and all
buildings and improvements then situate thereon; and the Lessee covenants and agrees
that upon the termination of the demised term, the Lessee will surrender and deliver up the
Premises peaceably to the Lessor, its agents and attorneys, immediately upon the
termination of the demised term; and if the Lessee, its agents, attorneys or other persons
or entities claiming by or through Lessee, shall hold the Premises or any part thereof one
(1) day after the same should be surrendered according to the terms of this Lease, they
shall be deemed guilty offorcible detainer of the Premises under the Statute and shall be
subject to eviction or removal, forcibly or otherwise, with or without process of law.
17.2 Although this is a ninety-nine {99) year lease, the parties understand and
agree that the relationship between them is that of landlord and tenant, and the Lessee
specifically acknowledges that the statutory proceedings in the State of Florida relating to
the recovery of possession of the Premises accrues to the landlord hereunder.
17.3 Nothing herein contained shall be construed as authorizing the Lessor to
declare this Lease in default until thirty {30) days after the Lessor shall have given the
Lessee written notice of a violation of this Lease, and Lessee has failed to cure such
violation within such time period. If the default complained of is of such a nature that it
cannot be cured within thirty {30) days, and if the Lessee has commenced taking all
reasonable steps to cure such default and is in the process of eliminating the facts which
are the basis for the declaration of a default, then the Lessee shall not be deemed to be
in default and the Lessor shall not be entitled to cancel or otherwise enforce the
termination of this Lease. Nothing herein contained shall be construed as precluding the
Lessor from having such remedy as may be and become necessary in order to preserve
the rights and the interests of the Lessor in the Premises and in this Lease even before the
expiration of the grace or notice periods provided for in this paragraph if, under particular
circumstances then existing, the allowance of such grace or the giving of such notice would
prejudice or endanger the rights and estate of the Lessor in this Lease and in the Demised
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Premises, or the public health, safety and welfare.
17.4 In addition to the rights set forth elsewhere in this Lease, Lessor shall have
the right to pursue any or all of the following: (a) the right to injunction or other similar relief
available to it under Florida law against Lessee; and/or (b) the right to maintain any and
all actions at law or suits in equity or other proper proceedings to obtain damages resulting
from Lessee's default.
17.5 It is further covenanted and agreed by and between the parties hereto, in the
event of the termination of this Lease at any time before the expiration of the term hereby
created, for the breach by the Lessee of any of the covenants herein contained, that in
such case all of the right, estate and interest of the Lessee in and under this indenture and
in the Demised Premises hereinabove described, and all improvements and buildings then
situate on the Demised Premises, together with all rents, issues and profits of the Premises
and the improvements thereon, whether then accrued or to accrue, and all insurance
policies and all insurance monies paid or payable thereunder, and all of them, shall without
any compensation made therefore unto the .Lessee, at once pass to and become the
property of the Lessor, not as a penalty or forfeiture, but as liquidated damages to the
Lessor because of such default by the lessee and the consequent cancellation of the
Lease, each of the parties acknowledging it to be the fact that for breach and consequent
cancellation of a long-term lease of this character, the Lessor will sustain substantial
damage, being damage of such character as to make it most burdensome and tedious, if
not actually impossible, to ascertain with mathematical precision, and each of the parties
therefore having agreed upon this provision for liquidated damages in the interests of
obviating what would otherwise be burdensome and difficult litigation to maintain or to
defend, as the case may be; and this provision for liquidated damages has been taken into
account by both parties in fixing the term of and the consideration for the making of this
lease.
17.6 The Lessee pledges with and assigns unto the Lessor all of the rents, issues ·
and profits which might otherwise accrue to the lessee for the use, enjoyment and
operation of the Demised Premises, and in connection with such pledging of the rents, the
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Lessee covenants and agrees with the Lessor that if the Lessor, upon the default of the
Lessee, elects to file a suit to enforce the Lease and protect the Lessor's rights thereunder,
then the Lessor may, as ancillary to such suit, apply to any court having jurisdiction thereof
for the appointment of a Receiver of all and singular the Demised Premises, and the
improvements and buildings located thereon; and thereupon, it is expressly covenanted
and agreed that the court shall forthwith appoint a Receiver with the usual powers and
duties of Receivers in like cases, and such appointment shall be made by such court as
a matter of strict right to the Lessor, and without reference to the adequacy or inadequacy
of the value of the property which is subject to the landlord's lien or to the solvency or
insolvency of the Lessee, and without reference to the commissions of waste.
ARTICLE XVUI -LESSEE'S DUTY TO KEEP PREMISES IN GOOD REPAIR
18.1 Lessee covenants and agrees with the Lessor that during the Lease term the
Lessee will keep in good state of maintenance and repair any and all buildings and other
improvements constructed upon the Demised Premises; nor will the Lessee suffer or
permit any strip, waste or neglect of any building to be committed; and the Lessee will
repair, replace and renovate the real property, and improvements located thereon, as often
as it may be necessary to keep the building and improvements on the Property in a good
state of repair and condition.
18.2 Lessee covenants and agrees with the Lessor that Lessee shall be obligated
for all utilities utilized on the Demised Premises for the entire term of this Lease.
ARTICLE XIX -DEMOLITION CLAUSE
19.1 Although it is the Lessee's duty under the terms hereof to keep and maintain
any buildings and improvements on the Demised Premises in good repair, this shall not be
construed as empowering the Lessee to at any time tear down and destroy any buildings
or improvements, on the Demised Premises, or any part thereof, unless and until the
Lessee:
(a) Follows all procedures necessary for development approval as
provided for in this Lease, and causes construction plans and specifications for the new
building or the new construction to be prepared in full accordance with all applicable laws,
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{
building codes, zoning ordinances, statutes and regulations, and delivers the plans to the
Lessor at least ninety (90} days before the work proposed to be done pursuant thereto is
actually commenced; and
(b) Obtains the written approval of the construction plans and
specifications by the Lessor, which shall in writing approve or disapprove such plans and
specifications within twenty {20) days after their delivery to the Lessor, which approval shall
not be unreasonably withheld {It shall not be unreasonable to disapprove plans not in
compliance with the Preliminary or construction Plans and Specifications, last approved
by Lessor); and
(c) Furnishes the Lessor with what is generally known as a Completion
Bond with corporation surety, guaranteeing the doing and completion of the work.
19.2 In any event, the work of reconstruction, repair and replacement must have
a value of not less than the current market value of the buildings or improvements or the
portion thereof then being demolished and replaced and repaired.
19.3 The expense of demolition shall be no part of the cost of any subsequent
replacement or rebuilding or addition; but by the same token, any salvage resulting from
the demolition shall belong to the Lessee.
ARTICLE XX -ADDITIONAL COVENANTS OF THE LESSEE
20.1 Lessee covenants and agrees with Lessor that no de~truction to any building
or improvement by fire, windstorm or any other casualty shall be deemed to entitle the
Lessee to surrender possession of the Premises or to terminate this Lease or to violate any
of its provisions or to cause any abatement or rebate in the rent then due or thereafter
becoming due under the terms hereof. If the Lease is canceled as the result of Lessee's
default at any time while there remains outstanding any obligation from any insurance
company to pay for the damage or any part thereof, then the claim against the insurance
company shall, upon the cancellation of the within Lease, be deemed immediately to
become the absolute and unconditional property of the Lessor.
20.2 Lessee covenants and agrees with Lessor that nothing in this Lease
contained shall ever be construed as empowering the Lessee to encumber or cause the
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Lessor to encumber or subordinate the title or interest of the Lessor.
20.3 Lessee covenants and agrees with Lessor that at the termination of this
Lease the Lessee will peaceably and quietly deliver possession of the Premises and all
improvements thereon unto the Lessor.
20.4 Lessee shall not mortgage, pledge, hypothecate or otherwise encumber its
leasehold interest without the prior written consent of Lessor, as provided for in this Lease.
ARTICLE XXI -COVENANT OF QUIET ENJOYMENT
21.1 Lessor covenants and agrees with Lessee that as long as the Lessee keeps
and performs all of the covenants and conditions by the Lessee to be kept and performed,
the Lessee shall have quiet and undisturbed and continuous possession ofthe premises,
free from any claims against the Lessor and all persons claiming under, by or through the
Lessor.
ARTICLE XXII -LESSOR'S RIGHT OF ENTRY
22.1 The Lessor or its agents shall have the right to enter upon the Premises at
all reasonable times to examine the condition and use thereof, provided, only, that such
right shall be exercised in such manner so as not to interfere with the Lessee in the
conduct of the Lessee's business on the Premises; and if the Premises are damaged by
fire, windstorm or by other casualty that causes the Premises to be exposed to the
elements, then the Lessor may enter upon the Premises to make emergency repairs; but
if the Lessor exercises its option to make emergency repairs, such act or acts shall not be
deemed to excuse the Lessee from his obligation to keep the Premises in repair. If Lessor
makes any emergency repairs pursuant to the terms hereof, Lessee shall reimburse Lessor
for aH such repairs upon receipt by Lessee of Lessor's notice of repairs made and
statement and proof of costs incurred.
ARTICLE XXIII-NO REPRESENTATIONS BY LESSOR
23.1 Lessee acknowledges that it has examined the Premises and knows the
condition thereof and accepts the Premises in its present condition, ••as is," and without any
representations or warranties of any kind or nature whatsoever by Lessor as to its condition
or as to the use or occupancy which may be made thereof. The Lessee assumes, in
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accordance with provisions of this Lease, the sole responsibility for the condition,
operation, maintenance and management of the Premises and all improvements now or
hereafter situated thereon, and the Lessor shall not be required to furnish any facilities or
services or make any repairs or structural changes, additions or alterations thereto.
ARTICLE XXIV-LESSEE TO COMPLY WITH ALL LAWS
24.1 Lessee shall at all times comply with all laws, ordinances, regulations and
orders of Federal, State, County and municipal authorities pertaining to the Premises and
Lessee's improvements and operations thereon.
24.2 Lessee shall pay all costs, expenses, fines, penalties and/or damages which
may be imposed because of the failure of Lessee to comply with this Article, and Lessee
shalf indemnify Lessor from any and all liability arising from such noncompliance.
24.3 Lessee covenants and agrees that there will be no discrimination as to race,
color, creed or national origin in its use of the Premises.
ARTICLE XXV -SURRENDER OF THE PREMISES
25. 1 The Lessee shall, on or before the last day of the term herein demised, or the
sooner termination thereof, peaceably and quietly leave, surrender and yield upon to the
Lessor the Premises, together with any and all equipment, fixtures, furnishings, appliances
or other personal property located at or on the Premises and used by Lessee in the
maintenance, management or operation of the Premises, excluding any trade fixtures or
personal property which can be removed without material injury to the Premises, free of
all liens, claims and encumbrances and rights of others and broom-dean, together with all
structural changes, alterations, additions, and improvements which may have been made
upon the Premises, in good order, condition and repair, reasonable wear and tear
excepted, subject, however, to the subsequent provisions of this Article. Any property
which pursuant to the provisions of this Article is removable by Lessee on or at the
Premises upon the termination of this Lease and is not so removed may, at the option of
the Lessor, be deemed abandoned by the Lessee, and either may be retained by the
Lessor as its property or may be removed and disposed of by Lessor at the sole cost of the
Lessee in such manner as the Lessor may see fit. If the Premises and personal property
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are not surrendered at the end of the term as provided in this Article XXV, the Lessee shall
make good to the Lessor all damages which the Lessor shall suffer by reason thereof, and
shall indemnify, the Lessor against all claims made by any succeeding tenant, or
purchaser, so far as such delay is occasioned by the failure of the Lessee to surrender the
Premises as and when herein required,
25.2 The Lessee covenants and agrees that it will not enter into any subleases,
subtenancies, licenses or concession agreements relating to the Premises for a period of
time beyond the stated expiration date of this Lease
ARTICLE XXVI -FORCE MAJEURE
26.1 Either party hereto shall be excused from performing any of its respective
obligations or undertakings provided in this Lease, except as provided in Article XXV
hereof, "Surrender of the Premises," and excepting any of its respective obligations or
undertakings to pay any sums of money under the applicable provisions hereof, for so long
as the performance of such obligations are prevented or delayed, retarded or hindered
(plus such additional time mutually consented to by the parties) by act of God, weather or
unusual severity, fire, earthquake, flood, hurricane, explosion, action of the elements, war
(declared or undeclared), invasion, insurrection, riot, mob violence, sabotage, malicious
mischief, inability to produce or general shortage of labor, equipment, facHities, materials
or supplies in the open market, failure of transportation, strikes, lockouts, action of labor
unions, condemnation, public requisition, laws, order of government or any other cause,
whether similar or dissimilar to the foregoing, not within the reasonable control of the
respective party if such party hereto gives notice of such delay to the other party within
twenty {20) days of the occurrence of such event.
ARTICLE XXVII-MISCELLANEOUS PROVISIONS
27.1 All periods of notice and/or grace, including any periods of notice which the
law may require as conditions precedent to the exercise of any rights by the Lessor against
the Lessee shall, at the option of the Lessor, run concurrently and not successively.
272 All arrearages in the payment of rent shall bear interest at the rate of ten
percent (1 0%) per annum from the date when they became due and payable hereunder
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until the date when they are actually paid.
27.3 Although this is a long-term Lease, the relationship between the parties is
that of landlord and tenant, and all statutory provisions in the State of Florida regulating the
relationship of landlord and tenant, respecting the collection of rent and other charges, or
the repossession of the Demised Premises, shall accrue to the Lessor hereunder.
27.4 In the event of a breach or threatened breach by the Lessee of any of the
agreements, conditions, covenants or terms hereof, the Lessor shall have the right of
injunction to restrain the same, and the right to invoke any remedy allowed by law or in
equity as if specific remedies, indemnity or reimbursement were not herein provided for.
27.5 In the event of any default on the part of the Lessee in the performance of
or compliance with any ofthe terms, covenants, provisions or conditions of this Lease, and
the Lessor is required to bring any action or proceedings as a result thereof, then it is
agreed that the Lessor shall have the right to apply to any court having jurisdiction for the
appointment of a Receiver of all and singular the Demised Premises, buildings, fixtures,
furnishings and improvements located thereon, together with the rents, issues and profits
therefrom, and the Lessee does hereby expressly consent to the appointment of such
Receiver by the court with the usual powers and duties of Receivers in such cases, and
that such appointment be made by the court as a matter of strict right to the Lessor and
without reference to the adequacy or inadequacy of the value of the property which is
subject to the Lessor's liens, or to the solvency or insolvency of the Lessee, and without
reference to the commissions of waste.
27.6 The Lessor and Lessee hereby agree to cooperate fully with each other at
all times, and in addition to those matters hereinabove speciflcally referred to, to perform
such other and further acts, and sign and deliver such papers and documents, as may be
necessary in the circumstances from time to time during the term of this Lease to give full
effect to all of the terms, covenants, conditions and provisions of this Lease.
27.7 The captions of this Lease are for convenience and reference only and in no
way define, limit, or describe the scope or intent of this Lease nor in any way affect this
Lease.
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27.8 The index preceding this Lease, but under the same cover, is for the purpose
of convenience and reference only and is not to be deemed or construed in any way as
part of this Lease, nor as supplemental thereto or amendatory thereof.
27.9 This Agreement shall be governed by the laws of the State of Florida
regardless of the diversity of citizenship of the parties in interest or the place of execution
of this Lease.
27.10 That all covenants, promises, conditions and obligations herein contained or
implied by law are covenants running with the land and shall attach to and be binding upon
the heirs, executors, administrators, successors, legal representatives and assigns of each
of the parties to this Lease.
27.11 Time is of the essence in every particular and particularly where the
obligation to pay money is involved.
27.12 When the parties desire to give notice unto the other or others in connection
with and according to the terms of this Lease, such notice shall be given by Registered or
Certified Mail, Return Receipt Requested, and shall be deemed given when it shall have
been deposited in the United States Mails with sufficient postage prepaid thereon to carry
it to its addressed destination, or by such conveyance then permitted by law, and the
notice shall be addressed as follows:
To the Lessor: City Manager, City of Miami Beach, 1700 Convention
Center Drive, Miami Beach, Florida 33139
and with a copy to: City Attorney, City of Miami Beach, 1700 Convention
Center Drive, Miami Beach, Florida 33139
To the Lessee: Miami Beach Jewish Community Center, Inc., attn:
Director, 4221 Pine Tree Drive, Miami Beach, Florida
33140
and with a copy to: Harry B. Smith, Esq., Ruden, McClosky, Smith,
Schuster & Russell, P.A., 701 Brickell Avenue, Suite
1900, Miami, Florida 33131; or such other party as may
be appointed in the event of the resignation or death of
Harry B. Smith, Esq.
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Where the parties on either side, Lessor or Lessee, consist of more than one person.
notice unto or default by one of the persons on that side shall constitute notice unto or
default by all of the persons on that side.
27.13 If, in connection with the enforcement of this Lease and by reason of the
Lessee's failure to keep and observe all of the covenants and conditions herein contained
by the Lessee to be kept and performed, it shall be necessary for the Lessor to employ an
attorney, then the Lessee shall pay the Lessor all reasonable attorneys' fees and court
costs incurred and/or expended by the Lessor, including all appellate fees and costs. And
conversely, if, in connection with the enforcement of this Lease and by reason of the
Lessor's failure to keep and observe all of the terms, covenants and conditions herein
contained by the Lessor to be kept and performed, it becomes necessary for the Lessee
to employ an attorney, then the Lessor shall pay the Lessee for all reasonable attorneys'
fees and court costs incurred and/or expended by the Lessee, including all appellate fees
and costs. Such fees and costs shall be awarded only to the prevailing party.
27.14 This Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-
Dade County, Florida.
27.15 The Lessor desires to enter into this Agreement only if in so doing the Lessor
can place a limit on Lessor's liability for any cause of action for money damages due to an
alleged breach by the Lessor of this Agreement, so that its liability for any such breach
never exceeds the sum of Ten Thousand ($1 0,000.00) Dollars. Lessee hereby expresses
its willingness to enter into this Agreement with the Lessee's recovery from the Lessor for
any damage action for breach of contract, or any other cause of action for money
damages, to be limited to a maximum amount of Ten Thousand ($10,000.00) Dollars.
Accordingly, and notwithstanding any other term or condition of this Agreement, Lessee
hereby agrees that the Lessor shall not be liable to Lessee for damages in an amount in
excess ofTen Thousand ($1 0,000.00) Dollars for any action or claim for breach of contract,
or any other cause of action for money damages, arising out of the performance or
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nonperformance of any obligations imposed upon the Lessor by this Agreement. Nothing
contained in this subparagraph or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon Lessor's liability as set forth in Florida Statutes,
Section 768.28.
27.16 If a dispute arises out of or relates to this Lease, or the breach thereof, and
if the dispute cannot be settled through negotiation, the parties agree first to try in good
faith to settle the dispute by mediation administered by the American Arbitration
Association, or other similar alternative dispute resolution organization, person or source
agreeable to the parties, before resorting to litigation or other dispute resolution procedure.
27.17 A memorandum of agreement reflecting the execution hereof, and any
modifications, assignments or transfers of this Lease, shall be recorded in the public
records of Miami-Dade County, Florida, at Lessee's cost
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IN WITNESS WHEREOF, the Lessor and Lessee have hereunto affixed their
respective hands and seals at the place, and on the day and date first hereinabove written.
Signed, sealed and delivered in the presence of:
Attest:
{2&«~~~
C1ty Clerk
Witnesses:
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~
City Attorney
7/t'Y/crU
( i
Date
CITY OF MIAMI BEACH
Neisen Kasdin, ayor
MIAMI BEACH JEWISH COMMUNITY
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
)
SS:
The for going instrument was acknowledged before me this ~~day of
~=.;:;~._z.... ___ , 2000, by Mayor Neisen Kasdin and Robert Parcher, City Clerk, or their
desi nees respectively, on behalf of the CITY OF MIAMI BEACH, known to me to be the
persons described in and who executed the foregoing instrument, and acknowledged to
and before me that they executed the instrument for.the purr~s ther~~ expressed.
WITNESS my hand and official sea!, thi~,.2;?J'ft7day o~ , 2000.
STATE OF FLORIDA
COUNTY OF MIAMI~DADE
Notary Public,
Commission No.:
My Commission Expires:
)
)
)
SS:
The foregoing instrument was 9-9knowledged before me this 0? Z day of
~-, 2000, by b.rft,?ih .J./y/ ac , on behalf of the MIAMI
BE H ISH COMMUNITY CENTER, INC. a Florida corporation not-for-profit, known
to me to be the persons described in and who executed the foregoing instrument, and
acknowledged to and before me that they executed the instrument for the purposes therein
expressed.
WITNESS my hand and official seal, this .21 day of ~/ , 2000.
'< ~
N . ary Pubr , State of Florida at Large
Commission No.:
My Commission Expires:
NOTARY PUBUC ·STATE OF FL.ORJOA
LINDA J. MARTIN
COMMISSION NUMBER CC579444
EXPIRES 10•6•2000
AMERiCAN SURE;.TY ASSOCIATES
1-888-NOTARY-1
F:\ATTO\HELG\Projects2\JCC\JCC99yearlease5.wpd-July 12, 2000
43
128
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Exhibit •• A"
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Exhibit "B"
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
To:
From:
Date:
Christina M. Cuervo
Assistant City Manager
Jorge G. Gomez j:!Jf-
Pianning and zonfri9Director
July 12, 2000
--
Subject: Development Regulations for the proposed expansion of the Jewish
Community Center, located on City Owned Property at 4221·4229
Pinetree Drive {Wofford Park).
Section 142-425 of the Land Development Regulations of the City Code requires that for
proposed developments in the GU government use district, the development regulations
shall be the average of the requirements contained in the surrounding zoning districts as
determined by the Planning and Zoning Director, which shall be approved by the City
Commission.
What follows, herein, are the development regulations (setbacks, floor area ratio, height)
as prescribed in said section of the Code:
Setbacks (from the RM-3 Zoning District/RS-1 Zoning District}:
Front: 20 feet;
Side: South side yard-8% of lot width: 24 feet {RM-3)
North side yard-12.5% of lot width: 37.5 feet (RS-1)
Rear: 12.5% of lot depth, up to a maximum of 50 feet (average of RS-1/RM-3)
Floor Area Ratio (FAR) (from the ROS land use designation}:
Maximum FAR: 0.5
Building Height (from the RS-1 Zoning District):
Maximum Height 25 feet, or 50% of lot width, whichever is greater, up to a
maximum of 33 feet.
JGG/RGL/rgl
F:\PLliN\$PLa\APRIL\JCC144!;l\DEVREGS.REV
130
lD MIAMIBEACH ~
City of Miami Beach, i 700 Convention Center Drive, Miami Beoch, FloriJo 33139, www.miomibeochfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti H. Bower and Members of the City Commission
Kathie Brooks, Interim C~y Manage/ aft~ ~
January 16, 2013
REFERRAL TO THE FINANCE & CITYWIDE PROJECTS COMMITTEE-A
DISCUSSION OF A LEASE AMENDMENT WITH DAMIAN J. GALLO &
ASSOCIATES (DBA PERMIT DOCTOR)
ADMINISTRATION RECOMMENDATION
Refer the matter to the Finance & Citywide Projects Committee for discussion.
BACKGROUND
The City and Damian J. Gallo & Associates, Inc. (the "Tenant"), are parties to a Lease
Agreement dated July 30, 2003 for a term ending on January 30, 2016 for retail space located
at 1701 Meridian Avenue, Unit 4 (a.k.a. 775 171h Street), Miami Beach, Florida. The leased
premises are to be used by Tenant solely for the purpose of providing building plan and permit
processing services. The Tenant has requested permission to expand the use of the leased
premises to include a cafe serving food and non-alcoholic beverages.
In order to accomplish the Tenant's goals of expanding the use identified in the Lease
Agreement, an Amendment to the Lease Agreement is necessary. The Administration seeks
the Finance & Citywide Projects Committee's input in this matter.
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.
KAB/MAS/AP/MM
T:\AGENDA\2013\January 16\Damian J Gallo REFFERAL (1-3-13).docx
Agenda Item C 'I B
Date 1-/6 .. -ft >
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132
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Michael Gongora, Vice Mayor
DATE: January 8, 2013 ,
SUBJECT: Referral Item for January 16 Commission Meeting
Please place on the January Commission meeting consent agenda a referral to the
Sustainability Committee to discuss the City of Miami Beach's participation in Earth
Hour to be held on March 23, 2013. The City has participated in the past and it is
essential that the City continue to draw attention to climate change. In addition, Vice
Mayor Michael Gongora will be issuing a proclamation at the March Commission
meeting declaring ''Earth Hour" Day on March 23, 2013. If you have any questions
please feel free to contact my aide Diana Fontani at ext 6087.
MG/df
133
Agenda Item C.. 'I C._
Date 1-/b-13
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134
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Cenler Drive, Miami Beach, Florida 33139, www.miamibeochfLgov
COMMISSON MEMORANDUM
TO: Mayor Mattie Bower and Members of the City Commission
FROM: Kathie M. Brooks, Interim City Manager /~!--
DATE: January 16, 2013
SUBJECT: REFERRAL TO NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE OF A
PROPOSED PUBLIC ART PROJECT FOR PLACEMENT IN SOUTH POINTE PARK
PIER.
ADMINISTRATION RECOMMENDATION
Refer discussion of a proposed public art project for placement in South Pointe Park Pier.
KEY INTENDED OUTCOME
Maximize Miami Beach as a Destination Brand
BACKGROUND
In July 19, 2011, the Office of Capital Improvements Projects (CIP} presented conceptual drawings
of the proposed pier in South Pointe Park to the Art in Public Places (AiPP) Committee. The CIP
project manager for the pier told the Committee that the AiPP appropriation was $64,177.00, and
also advised the Committee the project was time sensitive and the architectural drawings would be
completed on July 22, 2011. Because the dollar amount of the AiPP contribution dollar was not
significant for such an important project, the committee discussed with CIP any opportunities
available for an artistic intervention on the pier involving an existing element within the pier design.
C!P suggested the shade structures or the benches, resulting in a combination of both the CIP
project budget and the AiPP budget. They concurred that this would create a more substantial
budget and AiPP would be able to commission an internationally recognized artist that would
create an original site specific work of art for the pier.
The AiPP committee reviewed and discussed the four options for selecting an artist (Exhibit 1) in
the City's AiPP Ordinance {as codified in Chapter 82, Articles VII, Divisions 1 through 4, Section
82-612). The members agreed to select an artist by "direct selection" (option 3). The primary
reason for "direct selection" was to meet the design and construction deadlines already established
by CIP, as demolition of the pier was to begin in the fall of 2012, and construction of the pier was to
begin January 2013. The Committee unanimously agreed to have staff ask Tobias Rehberger
(Artist), the artist commissioned for the lighthouse in South Pointe Park, if he would be interested in
doing an artistic intervention on the shade structures, benches or other possible interventions on
the pier. The Committee felt very strongly this was a unique opportunity to ask Tobias Rehberger
for an artistic intervention in one of the elements of pier because:
1. The two art projects (this new intervention and the already installed lighthouse at the west
lawn of the park) could create an artistic dialog between them; and
2. The two art projects could create a linkage between the east and west side of South Pointe
Park.
135
Agenda Item C '{D
Date 1-16#/3
Page 2 of6
Proposed Public Art Project South Pointe Park Pier
City Commission Meeting
January 16, 2013
In the latter part of July 2011, staff contacted the Artist with the Committee's recommendation
(referenced above) and the Artist advised he would consider their request, but because of his
schedule demands surrounding the November deadline for installing the lighthouse in South Pointe
Park in time for Art Basel Miami Beach by December 2011, he would discuss this with the
Committee in November 2011, after completing the installation.
In November 2011, the Artist contacted staff and requested the CADD file of the plan drawings for
the pier. Lutz Sante!. the Studio Manager of the Artist, requested a meeting with AiPP and CIP staff
during Art Basel Miami Beach and the installation and unveiling of the lighthouse in December
2011. Additionally, Mr. Bantel requested a site visit of the location of the pier.
On November 30, 2011, Lutz Bantel, met with AiPP and CIP staff and we reviewed and discussed
the drawings of the pier, the budget, and the pier project deadline. Mr. Sante! advised the Artist
would propose an artistic intervention on the access gate to the pier. The combined budgets of
AiPP and CIP would be broken down as follows; $64,177, AiPP contribution; $25,000 CIP
contribution; total project budget $89, 177; less $13,376, for a 15% Contingency Fee, leaving a total
project budget for the Artist not to exceed $75,801, for the Artist Fee, Design Drawings, Permitting,
Production, and Installation.
On July 3, 2012, the Artist submitted the first set of conceptual drawings of the gate and they were
provided to TCD, CIP, and ORB for comment.
On September 29, 2012, new conceptual drawings were submitted addressing the comments from
staff.
On October 15, 2012, AiPP met and reviewed the conceptual drawings and submitted additional
comments for the Artist to address.
At the November 20, 2012, AiPP Meeting, new conceptual drawings were provided to the
Committee by the Artist and he addressed all their comments. A complete presentation is expected
at the December or January AiPP meeting, which will include the following:
1. Cover letter not to exceed one { 1) page listing Artists experience with art projects;
2. Artist Statement not to exceed 250 words;
3. Current C.V. not to exceed one page;
4. Two (2) conceptual drawings to scale (1 drawing with gate open and 1 drawing with gate
closed);
5. Detailed project budget; and
6. Production and installation timeline timed for an unveiling during Art Basel Miami Beach
December 2013.
As previously stated, the demolition of the existing pier was originally scheduled for fall of 2012,
which is why a direct selection method was used to select an artist for the project. However, there
have been numerous delays attributed to the lengthy and extensive permitting process with all the
regulatory agencies. At this time, demolition of the pier is tentatively scheduled to begin the middle
of January 2013.
As a result of the extended timeline, on December 4, 2012, staff was directed by the by
Administration to research and recommend additional artists and also ask the AiPP Committee to
do the same.
136
Page 3 of6
Proposed Public Art Project South Pointe Park Pier
City Commission Meeting
January 16, 2013
On December 7. staff was directed by the Administration to prepare a Call to Artists (Exhibit 2).
Staff and the AiPP Committee identified several artists who have experience working with metal
and, on December 10, 2012, a Call to Artists was sent to the following artists; Daniel Buren, Tom
Burr, Jim Drain. Mark Handforth, Liam Gillick, Caroline Sardi and Rirkrit Tiravanija.
On December 20, 2012, after comments from the artists' representatives, the Administration
extended the deadline to Feb. 15, 2013.
A proposed projected time-line subject to change:
• City Commission (Referral to NCAC) -January 16, 2013
• Art in Public Places Meeting-February 19, 2013
• Viewing proposals for comment by community on MBCulture.org and City Hall, 41h Floor -
March 2013
• Design Review Board-April 2, 2013
• Neighborhood and Community Affairs Committee -April 29, 2013
• Design Review Board -May 7, 2013
• City Commission for award -June 5, 2013
CONCLUSION
The Administration recommends discussion of a proposed public art project for placement in South
Pointe Park Pier to NCAC.
137
Page 4 of6
Proposed Public Art Project South Pointe Park Pier
City Commission Meeting
January 16, 2013
EXHIBIT1
I Sec. 82-612.-Selection of artists and works of art.
(a) When the art in public places committee recommends a particular city construction project or existing
site as being appropriate for art in public places, the committee shall also recommend to the city
commission one of the following means of obtaining the works of art:
(1) Open entry competition. Through appropriate advertisement all artists are invited to enter into
competition for a commission to create a work of art for the site. The amount to be paid for the
works of art shall be determined by the city commission after considering the committee's
recommendation. Artists may be asked to submit slides of their past work, resumes, letters of
intent related to the specific project or specific proposals for the project under review.
(2} Limited entry competition A limited number of artists are invited to compete as set forth in
subsection (a)(1) of this section.
(3) Direct selection of the artist. An artist or several artists may be selected to develop a proposal
for the project or produce the desired works of art.
(4) Direct purchase of existing works of art. A completed work of art is purchased. No more than
ten percent of the costs of the work of art may go to a dealer or agent.
138
Page 5of6
Proposed Public Art Project South Pointe Park Pier
City Commission Meeting
January 16, 2013
MIAMI BEACH
Art in Public Places Call to Artists
Project Name: South Pointe Park Pier Gate
Location: City of Miami Beach South Pointe Park Pier
Submission Deadline: Feb. 15, 2013, 5:00p.m. via email
Exhibit 2
Brief Description: The City of Miami Beach Tourism and Cultural Development Department seeks the artists listed
below to submit an artistic intervention on the access gate of South Pointe Park Pier. The Artists need to propose an
original design for the access gate. Artists may only present one design. Attached are the following documents:
1. South Pointe Park Pier Project
2. Drawing of Pier (location of gate Section 2}
3. Access Gate Specification
Artists: Daniel Buren, Tom Burr, Jim Drain, Mark Handforth, Liam Gillick, Carolina Sardi and Rirkrit Tiravanija
Application Process: The application process is managed by the City of Miami Beach Tourism & Cultural Development
Department.
Selection Criteria: The Art in Public Places Committee shall consider the following issues:
• Quality of the artist's proposal;
• Aesthetic merit, quality, enduring value; and
• Experience and other qualifications of the artist.
Application Requirements*: The information and documentation must arrive at the City of Miami Beach via email by the
TIME on the stated deadline;
1. Cover letter not to exceed one (1) page listing experience with art projects;
1. Artist Statement not to exceed 250 words;
2. A current professional resume not to exceed one page;
3. Present artwork with two conceptual drawings to scale (1 drawing gate open and 1 drawing gate closed);
4. Detailed project budget
5. Production and installation timeline
*Please note the artwork will not be returned.
Scope of Work: Provide, deliver and install a custom art piece (entrance gate) for the South Pointe Park Pier. This
includes the gates, the wing panels and design therein with applicable hardware. Shop drawing to be provided to City of
Miami Beach Capital Improvements Office (CIP) and shall be submitted to the City of Miami Beach Building Department
for permitting.
Technical Requirements
1. Material aluminum and marine grade paint for performance in a marine grade environment.
2. Installation of the gate must be according to the plans provided to CIP because of the wind load calculations that will
impact hinges which have already been approved by the Building Department.
3. Material of the hinges will match material of gate
Project Budget
• $ 75,801.00 (Artist Fee, Permitting, Production, Installation)
• $13,376.00 15% Contingency Fee
• $ 89,177.00 Total Budget NotTo Exceed
Questions
Contact: Dennis Leyva
Email: Q.,.?nnisleyva@miamibeachfl.gov
Phone: 305.604.2477
139
Page 6 of6
Proposed Public Art Project South Pointe Park Pier
City Commission Meeting
January 16, 2013
Other Selection Issues
• Florida "Sunshine Law:'' All meetings of the Art in Public Places Committee are open to the public, are publicly
advertised and are documented through written minutes.
• Conflict of Interests: Artists with immediate family or business partners on the selection committee are not eligible to
apply.
• Art in Public Places Committee Contacts: Artist applicants should not have contact with Art in Public Places
Committee members between the release of the Call to Artists and the completion of the selection process.
• Contact the City of Miami Beach for all questions and information.
140
MIA/V\IBE
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Ms. Kathie Brooks, Interim City Manager
Mr. Rafael Granado, City Clerk
Commissioner Deede Weithorn
January 3, 2013
Referral to Finance Committee:
MEMORANDUM
lNG Marathon use of the Miami Beach Convention Center
By means of this memorandum, Commissioner Deede Weithorn would Hke to refer to the Finance
Committee an item pertaining to the lNG Miami Marathon booking of the Miami Beach Convention
Center from January 23'd through January 25t11 , 2014.
For 9 years the lNG Miami Marathon has used the Miami Beach Convention Center as the venue for
marathon registration and for health and fitness expos. The lNG Miami Marathon has traditionally
booked the same weekend in January for use of the Convention Center with 18 months in anticipation of
the event. Though no scheduling difficulties have occurred in the past, the Miami Beach Convention
Center may soon engage in an agreement with an event of priority booking status which would
encumber the lNG Miami Marathon's use of the Convention Center during their traditional marathon
dates in 2014.
The spirit of this discussion item is to bring forth a solution through which lNG Miami Marathon, being
an instituted event in our community attracting visitors from around the nation, may be accommodated
for their 2014 event in the Miami Beach Convention Center -in keeping with what has become a
tradition in south Florida of national recognition.
On December 21't, 2012 Commissioner Weithorn's office advised lNG Miami Marathon, through County
Commissioner Sally Heyman, that to obtain priority booking status they should provide independent
third party audited statements reflecting that their event generates a minimum of three nights with
1,500 hotel rooms occupied on the peak nights in Miami-Dade County. These numbers must be
approved by the Greater Miami Visitors and Conventions Bureau and the Convention Center Advisory
Board.
Should you have any questions and/or concerns, please do not hesitate to contact me at extension 6528.
Thank you,
Ale~
Commissioner Weithorn's Office
C: Miami-Dade County Commissioner Sally Heyman
.' .... .:;,
141
Agenda ltem_C_ ... _V_E_-__
Date-L../_:;;-t...;:;..6_' ,,.;_.....;._3_
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMlSS!ON
TO:
FROM:
DATE:
Kathie Brooks, Interim City Manager!\ ~ ~
Michael GOngora, Vice Mayor ~~
January 8, 2012
SUBJECT: Referral Item for January 16 Commission Meeting
MEMORANDUM
Please place on the January Commission meeting consent agenda a referral to the
Finance Committee to discuss the lNG Marathon. If you have any questions please feel
free to contact my aide Diana Fontani at ext 6087.
MG/df
142
Sklar, Max
From: Fontani, Diana
Sent:
To:
Wednesday, January 09, 2013 5:48PM
Sklar, Max
Subject: FW: Agenda Item Attached -FYI/Action -lNG Marathon
MIAMI BEACH
Diana Fontani Martinez, Aide to Commissioner Gongora
OFFICE OF THE MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7030 I Fax: 305-673-7096 I www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who liveJ work and
play in our vibrant, tropical, historic community.
-----Original Message-----
From: Gongora, Michael [mailto:MGongora@becker~-poliakoff.co~]
Sent: Wednesday, January 09, 2013 5:04 PM
To: Fontani, Diana
Subject: Re; Agenda Item Attached -FYI/Action -ING Marathon
Ok send to both
Sent from my iPhone
On Jan 9, 2013, at 4:34 PM, "Fontani, Diana" <DianaFontani@miamibeachfl.gov> wrote:
> FYI
>
> MIAMIBEACH
>
> Diana Fontani Martinez, Aide to Commissioner Gongora
>
> OFFICE OF THE MAYOR AND COMMISSION
> 1700 Convention Center Drive, Miami Beach, FL 33139
> Tel: 305-673-7030 I Fax: 305-673-7096 I www.miamibeachfl.gov
>
>
>
> We are committed to providing excellent public service and safety to all who live} work and
play in our vibrant, tropical> historic community.
>
>
>
Michael c. Gongora
Attorney at Law
Becker & Poliakoff, P.A.
Alhambra Towers
1
143
121 Alhambra Plaza, 10th Floor
Coral Gables, FL 33134
305.260.1014 Phone
305.442.2232 Fax
MGongora@becker-poliakoff.com
http://www.becker-poliakoff.com
Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center
is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or
via email at CARE@becker-poliakoff.com.
Please visit our CALL (Community Association Leadership Lobby) website at
httQ:[[www.callbp.com/ for all of the latest information impacting your community
association. You must be a current client to access this site. Please contact
mailto:CAL!,@Qecker-poliakoff.com if you do not know your community's password to log on to
the site.
-----Original Message-----
> From: Sklar, Max
> Sent: Wednesday, January 09, 2013 4:08 PM
> To: Fontani, Diana; Fernandez, Alex
> Cc: Brooks, Kathie
> Subject: FW: Agenda Item Attached -FYI/Action -ING Marathon
>
> Diana and Alex,
>
>I meant to send this email earlier to Alex, but ....
>
> I wanted to let you both know that City Code states the Convention Center Advisory Board's
Powers and Duties includes monitoring the booking policies and approve any recommended
changes. I notice that both of your respective Commissioner's have referred the same matter
to the Finance Committee. However, if any changes are recommended by the Finance Committee
it would still need to go before the Convention Center Advisory Board. Respectfully, I
recommend referring this subject to the Convention Center Advisory Board first in order for
the Finance Committee to have the benefit of their review prior to Finance Committee
consideration.
>
> Please let me know if I can help.
>
> Thanks, Max
>
>
> MIAMIBEACH
> Max A. Sklar, Acting Assistant City Manager CITY MANAGER'S OFFICE
>
> 1700 Convention Center Drive, Miami Beach, FL 33139
> Tel: 305-673-7577 I Fax: 786-394-4560 I www.miamibea~hfl.gov
>
> MB magazine MBTV/Cable Channel 77 MBRadio 1670AM
>
> Twitter: MiamiBeachNews l Facebook Fan: City of Miami Beach
> YouTube: CityofMiamiBeach I MySpace: MiamiBeach257
>
> We are committed to providing excellent public service and safety to all who live, work and
play in our vibrant} tropical, historic community.
2
144
>
> The City of Miami Beach is a public entity subject to Chapter 119 of the Florida Statutes
concerning public records. E-mail messages are covered under such laws and thus subject to
disclosure.
>
>
> -----Original Message-----
> From: Walters, Pauline
> Sent: Wednesday, January 09, 2813 3:37 PM
> To: Sklar, Max; Walker, Patricia
> Subject: Agenda Item Attached -FYI/Action -ING Marathon
>
>
>
>
> MIAMIBEACH
> Pauline T. Walters
> Administrative Assistant to the City Manager OFFICE OF THE CITY
> MANAGER
> 1708 Convention Center Drive, Miami Beach, FL 33139
> Tel: 385-673-7010 I Fax: 385-673-7782 I http://www.miamibeachfl.gov
>
> We are committed to providing excellent public service and safety to all who live, work and
play in our vibrant, tropical, historic community.
>
>
> -----Original Message-----
> From: pwalters@miamibeachfl.gov [mailto:pwalters@miamibeachfl.gov]
> Sent: Wednesday, January 09, 2013 3:31 PM
> To: Walters, Pauline
> Subject:
>
>
> This document was digitally sent to you using an HP Digital Sending device.
> <Document.pdf>
3
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146
& MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Ed Tobin, Commissioner
DATE: January 4, 2013
SUBJECT: Agenda item for January 16, 2013 City Commission Meeting
Please place on the January 16th City Commission Meeting a referral to
Neighborhood/Community Affairs Committee to discuss creating a Municipal Youth
Council on Miami Beach.
If you have any questions please contact. Dessiree Kane at Extension 627 4
ET/dk
Agenda Item G V F __ ___..:.......;.._ __
Date____;.J_-..:;_1 (;;__~ -.:-·i 3..:.._
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MIAMI BEACH
OFFiCE OF THE MAYOR AND COMMISSiON
MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Ed Tobin, Commissioner
DATE: January 4, 2013
SUBJECT: Agenda item for January 16, 2013 City Commission Meeting
Please place on the January 16t11 City Commission Meeting a referral to
Neighborhood/Community Affairs Committee to discuss an update on Upper North Bay
Road Drainage Project.
If you have any questions please contact, Dessiree Kane at Extension 627 4
ET/dk
149
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150
MIAMI BEAC~:r·i
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Ms. Kathie Brooks, Interim City Manager
Mr. Rafael Granado, City Clerk
Commissioner Deede Weithorn
January 7, 2013
Referral to Finance Committee:
MEMORANDUM
Time Publication of Agendas for Boards and Committees
In an effort to ensure transparency, citizen participation, and proper preparation of those appointed to
serve this community, Commissioner Weithorn would like refer to the Finance Committee an item
pertaining to the timely publication and distribution of agendas for the City's boards, particularly the
committees of the City Commission and the City's land-use boards.
Should you have any questions and/or concerns, please do not hesitate to contact me at extension 6528.
Thank you,
M~
Commissioner Weithorn's Office
151
Agenda Item C. 'iH
Date 1-/6,·/3
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152
(9 MIAMI BEACH
OFFICE OF THE MAYOR AND COMMiSSlON MEMORANDUM
TO: Kathy Brooks, Interim-City Manager
FROM: Jonah Wolfson, Commissioner
DATE: January gth. 2013
SUBJECT: Agenda Item
Please place on the January 16th, 2013, Commission Meeting Agenda a referral to
the Land Use and Development Committee for a discussion concerning a proposed
amendment of the Charter to prohibit the involuntary designation of Single-Family
Residences as individual historic sites, hereinafter referred to as the Miami Beach
Homeowner Protection Act.
If you have any questions, please contact Leonor Hernandez at extension 6437.
JW/Ih
S(.;;;rvlce ond
. Agenda Item C i( I
y,.-ork. onzl pk:rv •n oot '•' Date_..:_l.uc;.f6--~:-L.....:.;.2_
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154
m MIAMI BEACH
City of MiQmi Beach, 1700 Conve0tion Cenler Dr've, Miami Beach, Florida 33139, www.miomibeachfLgov
COMMISSON MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members···o· ~he 9ity ~om · sion
Kathie M. Brooks, Interim City Manager ¢ //":~<
January 16, 2013 ,t/
SUBJECT: REFERRAL TO FINANCE AND CITYWIDE PROJECTS COMMITTEE A DISCUSSION
REGARDING UPGRADE TO MUNICIPAL PARKING GARAGE GATED REVENUE
CONTROL SYSTEM.
ADMINISTRATION RECOMMENDATION
Refer discussion to the Finance and Citywide Projects Committee.
BACKGROUND
The City's Parking Department currently operates and manages ten (1 0) municipal parking
garages citywide. The gated parking revenue control system is an essential component in
managing the day-to-day operation of each garage. The gated revenue control system monitors,
tracks, processes, and accounts for all transactions at each garage, including all monthly and
transient entry, exit, and payment transactions. All ten garages have the Federal APD system of
gated parking revenue control. This was done to gain efficiencies in supporting, maintaining, and
operating one system as opposed to having multiple systems and this approach has served the
City well. Each municipal parking garage has varying levels of updated equipment and software
which has been accomplished either through time with upgrades of existing garage equipment or
through the purchase of new equipment for the garages that have been recently added to the
parking system. These systems currently operate as stand-alone units in each garage.
The City's Parking Department is looking to upgrade the current system to include a centralization
of data, standardization of controls and other upgrades that are currently available due to
advances in technology. Additional benefits that may be garnered include but are not limited to:
centralized monitoring system for data, emergency call boxes, and closed circuit television;
disabled parking and other validated transactions; and an externally hosted and monitored solution
which increases efficiencies and enhances loss prevention. Funding for the phased upgrade of
this system was approved as part of the 2013 Capital Budget.
At this time, the Administration is seeking direction from the Finance and Citywide Projects
Committee regarding system-wide upgrades/enhancements or a complete replacement of the
system via a competitive process.
CONCLUSION
The ~d;~stration recommends referring discussion of the upgrade to Municipal Parking Garage
Gate~~~ nue Control System to the Finance and Citywide Projects Committee.
~~~o,fv~!'ticomm ""''"'' ped<Jng ga/ed """""' '"'""' fcwpc.doox Agenda Item C. (I :Z::
Date 1-/l.r/3
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!9 MIAMI BEACH
.... f"l 'l ;-:.•• "L·· u::; ?fl " . ' ' •• "' t' '• • ·-. ' "' _.tHJ · . .5.·~;;-.,I · ~
OFFlCE OF THE MAYOR AND COMMISSION MEMORANDUM
FROM: Jerry Libbin, Commissioner
DATE: January 8, 20 l 3
SUBJECT: Consent agenda item for the January 16, 2013 Commission meeting; a
referral to the Neighborhood and Community Affairs Committee
Please refer to the Neighborhood and Community Affairs Committee a discussion to
review and consider modification to the Military Veterans Vendor Preference Ordinance
No. 2011-37 48.
Please contact my office at ext. 71 06 if you have any questions.
Jl/er
157
Agenda Item C lf k
Date 1-!h-L 3
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158
MIAMI BEACH
Zf!J1 !''I _(i Q:·, 2:: ;,5 "" . \• '--; ·: ' 1 .,/ " T ~
OFFICE Of THE MAYOR AND COMlv\ISS!ON MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Jerry libbin, Commissioner
DATE: January 8, 2013
SUBJECT: Consent agenda item for the January 16, 2013 Commission meeting; a
referral to the Neighborhood and Community Affairs Committee
Please refer to the Neighborhood and Community Affairs Committee a discussion to
review and consider modification to the Local Vendor Preference Ordinance No. 2011-
3747.
Please contact my office at ext. 7106 if you have any questions.
Jl/er
We ore commilled 1-::· p1ovidiog excvlierrt public service und sofay lo oil who /<ve, work, onrJ piav !tl Ctll v;t
159
Agenda Item C lf L-
Date 1-lh-13
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160
~ MIAMI BEACH
OFFiCE OF THE MAYOR AND COMMISSION
'>fli'J l"',i _n ''': <:1. t• ::-1
'-'.11 . .1<.-.:;·; J :: • ._,. ,; MEMORANDUM
' ' I-~~.~·._ . .,.,.,, ~" ··~ '•. _,
TO: Kathie Brooks, Interim City Mflanager
Jerry Ubbin, Commissioner .
January 9, 2013
FROM:
DATE:
SUBJECT: Consent agenda item for the January 161 2013 Commission meeting; a
referral to the finance and Citywide Projects Committee
Please refer to the Finance and Citywide Projects Committee a discussion directing the
Administration to give the Commission an analysis of all city personnel receiving Planning
Day Pay and/or Executive Work Days Pay. I would like details about its genesis,
aggregate cost to the city, intended purpose, and history.
Please contact my office at ext. 7106 if you have any questions.
JL/er
161
Agenda ltem __ C_¥;...!:M __
Date_.s.,l.........:-l:..::fo_~-""'l3~
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162
~ MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Kathie Brooks, Interim City Mana~er ~
Michael G6ngora, Vice Mayor ~-· ~
January 9, 2013
SUBJECT: Referral Item for January 16 Commission Meeting
MEMORANDUM
Please place on the January Commission meeting consent agenda a referral to the
Neighborhoods Committee to discuss the illegal vendors including illegal tobacco
vendors in Miami Beach. If you have any questions please feel free to contact my aide
Diana Fontani at ext 6087.
MG/df
Agenda Item C.C( ;V
Date 1-/l:r/2,
163 >
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164
C6
COMMISSION COMMITTEE REPORTS
(")
en
MIAMI BEACH
City of Miami Beach, 1700 Conveniion Center Drive, Miomi Beach, Florida 33139, www.miomibeochfLgov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager ~fi / ,
DATE: January 16, 2013 /. ;v / L-
SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON
MONDAY DECEMBER 17, 2012.
A meeting of the Neighborhood/Community Affairs Committee was scheduled for Monday,
December 17, 2012 at 3:00 pm, and was held in the City Managers Large Conference room 4th
floor. Commissioners in attendance: Commissioners Ed Tobin, Jerry Libbin, Jorge Exposito.
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 Regarding A Request Related A Plaque Being Placed At City Hall In
Honor Of Rose Weiss, As The Rose Weiss Park Is Now Known As The Washington
Park & Community Garden. (4:11 PM}
Acting Assistant City Manager Max Sklar recapped the background of this discussion, and
informed that the Weiss family did not want the plaque to be reinstalled at the Washington
Park, because it was now a dog park. Instead they requested to place the plaque within the
Miami Beach City Hall. Administration however, is concerned about any number of requests
for plaques at City Hall and thinks it is not appropriate to have it at City Hall as this may set
precedence.
Commissioner Exposito understands the concern of the administration and suggested that
consideration be given for the plaque to be placed near the City Hall's flag pole, since Rose
Weiss was the creator of Miami Beach flag.
Commissioner Libbin agreed that the plaque should be placed next to the pole where the flag
is currently at City Hall.
ACTION: The Committee (Commissioners Ubbin and Exposito present) recommended that
the plaque be placed at City Hall by the pole where the flag is. Motion seconded by
Commissioner Libbin.
2. Discussion Regarding Amending The City Code To Provide For Alternative
Enforcement Means And Establish A Fixed Fine Schedule For Certain Provisions.
(5:00PM)
Commissioner Libbin recapped the background on the discussion, and felt uncomfortable
about the fine schedule. Specifically for violations issued for consumption of alcohol in pubHc.
Code Compliance Director Robert Santos-Aiborna gave an overview of the item, to which he
clarified that Code Compliance does not fine individuals, but rather cites businesses who
knowingly allow patrons to leave the premises with alcohol, and gave examples on how the
fine schedule operates during different scenarios.
166
Agenda Item GG=.A
Date 1-1(,·"13
City Commission Memorandum
Report of the Neighborhoods/Community Affairs Committee of December 17, 2012
Page 2 of6
Commissioner Libbin used the example of Memorial Day holiday, to which he reminded that
during that time, all the business are packed, and if a customer walks away with a drink, the
Code Compliance officer would use their judgment to give a citation to the owner of the
establishment. Perhaps that is not the right approach, since the establishment is not at fault.
Code Compliance Director Robert Santos-Aiborna stated that City Code was very specific
regarding regulations. By giving businesses a citation it will create an incentive for the
business to comply with regulations.
Commissioner Libbin suggested that something needs to be done, since some businesses
sell souvenir cups, and if a customer is walking with a drink in a souvenir from an
establishment, how does the officers determine who's responsible.
Code Compliance Director Robert Santos-Aiborna stated that it is a challenge to determine
who is at fault with that type of situation.
Commissioner Exposito commented on an incident the previous year, where an employee of
an establishment was selling shots by the sidewalk of the business. A Code Compliance
officer went to warn the establishment about the situation; but minutes later the same
employee was selling the shots again on the sidewalk by the establishment. That showed that
the establishment was not making an effort to comply with regulation.
Code Compliance Director Robert Santos-Aiborna stated that the idea was to create a more
consistent process, and the fine will create set violation that could not be reduced by the
Special Master.
Commissioner Tobin agrees with the process of the fines, because he feels that Special
Master is not working.
Commissioner Ubbin agreed with Commissioner Tobin in regards of Special Master, he also
commented on General Advertisement signs, to which he indicated that the process was not
working.
Code Compliance Director Robert Santos-Aiborna cited an example from a few months
earlier, and in that case the sign was up nearly a month, due to the process, and all the
violations should have a courtesy cured period.
Commissioner Libbin asked if the cured period could be shortened; allowing us to issue a fine
if not resolved within the compliance time period.
City Attorney Jose Smith gave an example regarding the graffiti ordinance. The City worked
to shorten or extended the time to resolve the issue, it was in a case by case basis.
Commissioner Libbin then asked how noise ordinance was was handled, first the warning
then the fine, and then if not in compliance business was closed down, so how can Code
Compliance work something similar with other cases.
Code Compliance Director Robert Santos-Afborna indicated that it could be done the same
way, but it will require an amendment for each one of the violations.
City Attorney Jose Smith indicated that for the Noise ordinance it was specifically written in
the ordinance.
167
City Commission Memorandum
Report of the Neighborhoods/Community Affairs Committee of December 17, 2012
Page 3 of6
Commissioner Libbin indicated that he was in favor of having the ability to instantly issue a
fine.
ACTION: The Committee (Commissioners Tobin, and Exposito} accepted as recommended,
and forwarded the item to the City Commission, pending a review of cure period on some
sections presented. Commissioner Libbin opposed as he did not have enough information.
3. Discussion Regarding Enhancing The Entrances Of The Beach Walk. (3:40 PM)
ACTION: Item was deferred as a request by Commissioner Gongora (not present)
4. Discuss Naming 8th Street After Tony Goldman. (3:40PM)
ACTION: Item was deferred as per request of the family not present at the meeting.
5. Discussion Regarding Criteria For Calling Special Meetings of The City
Commission. (4:43PM)
Commissioner Ubbin recapped the background of the item.
Frank Del Vecchio spoke
City Attorney Jose Smith indicated that the original draft did not have the emergency
provision, and on a previous commission meeting when this issue was raised Mayor Bower
raised a concern that a particular lobbyist wanted the commission to have a special meeting
concerning Sunset Harbor, the Mayor suggested as a matter of policy that a special
Commission meeting be called only in the event of an emergency.
Commissioner Libbin commented on the item, and stated that if the public voted for it, and if
only four commissioners were present and not all seven and an emergency meeting was
called, it should be respected, and the four can discuss any subject needed to be discussed.
Commissioner Exposito asked how binding was the position with the four commissioners, is it
consider an official Commission Meeting?
City Attorney Jose Smith answered, yes, like any other City Commission meeting.
Frank Del Vecchio spoke
ACTION: Commissioner Tobin moved with the deletion of emergency requirement to make
this a resolution, Commissioner Libbin and Commissioner Exposito were in favor and
recommended to forward the draft Resolution to the January 2013 City Commission agenda.
6. Discussion Regarding A Resolution Urging The Florida Legislature To Exempt
From Public Records Disclosure Absentee Ballot Requests And Personal
Information Included On Such Requests. (4:57 PM}
Commissioner libbin asked what authority did the Commission have on the item, and
what could be done during this meeting.
City Attorney Jose Smith indicated that we weren't able to do anything on the issue.
Commissioner Tobin indicated that he would like to listen to Commissioner Weithorn's
opinion on this issue.
168
City Commission Memorandum
Report of the Neighborhoods/Community Affairs Committee of December 17, 2012
Page 4 of6
RECOMMENDATION: The Committee asked Administration to invite someone to attend a
future NCAC meeting and explain the pros and cons regarding this resolution.
7. Discussion Regarding Traffic Flow On 1st Street, In The Area East Of Alton Road
And West Of Washington Avenue (3:40 PM)
Parking Department Director Saul Frances presented the item, and gave reported the current
traffic flow on 1st street. He specified the various projects currently taking place and how it
affects the area residents. Parking Department requested Parking Enforcement and Police
department's assistance to better manage the congestion in the area. Strategies have been
placed and it has been working better. Two projects are completed, part of the road is still
closed and will be closed until the end of the year.
Tatiana Tagiyel spoke-Yourn Lamen spoke
Commissioner Exposito also commented on the item, stating that the problem cars dropping
people off at local businesses without the proper space. This creates traffic to back up.
Commissioner Libbin asked if all the parking spaces on the opposite side (residential parking)
are occupied, and also asked Miami Beach Police Department Captain Mark Causey what his
intake on the issue was.
Captain Causey confirmed that traffic west bound was not an issue only traffic traveling
eastbound is where the problem is.
Tatiana Tagiyel spoke
Commissioner Libbin asked to find more parking spaces in the area to free parking where the
issue is.
Parking Department Director Saul Frances indicated that his department will look to find new
parking spaces in the area.
ACTION: Commissioner Ubbin suggested that item be brought back to the February 2013
NCAC meeting.
8. Discussion Regarding Bringing V-Day To Miami Beach (4:04PM)
Commissioner Exposito presented the item
Lisa Schejola Akin spoke
Commissioner Libbin asked administration what exactly the Committee was being asked to
do regarding the One Billion Rising organization.
Acting Assistant City Manager Max Sklar explained that the majority of their programming will
be SoundScape and on the New Work Symphony Wall, a small stage and booths or tables in
the area for some of their sponsors. He further stated that the application and permit fees can
be waived administratively for a 501 non-profit
Commissioner Libbin supports the event, but it can't be considered a City event as requested
by the event organizer. He supports the event, but they should secure sponsorships to cover
the costs and let the City know afterwards if an costs were not covered.
169
City Commission Memorandum
Report of the Neighborhoods/Community Affairs Committee of December 17, 2012
Page 5 of 6
Frank Del Vecchio spoke
ACTION: No action taken
9. Discussion Regarding A Potential Signage Program Establishing Miami Beach As A
Hate Free Zone
Acting Assistant City Manager Max Sklar indicated that this item is considered to be
discussed on the Land Use Committee and no longer needs to be considered by the NCAC.
ACTION: CLOSED OUT
Addendum
1. Discussion Regarding The Need For Attended Bathrooms In The City Of Miami
Beach (4:32 PM)
Public Works Department Director Fred Beckmann gave an updated report on the item.
Public Works Assistant Director Jay Fink presented some pictures showing the status of the
bathrooms on various locations within the City. Before and after pictures were shown,
Indicating major improvements.
Commissioner Tobin asked who was responsible on overseeing the performance of the
contract on cleanness of public bathrooms.
Public Works Assistant Director Jay Fink indicated that Herman Fung was the contract
administrator responsible overseen contracts, and he reports to Jay Fink, Public Works
Assistant Director.
Commissioner Tobin then questioned how Herman Fung was able to manage so many
contracts, and how was the schedule to check the performance of each one of the contracts.
Public Works Department Director Fred Beckmann clarified that Herman Fung does not
manage over one hundred contracts, and that it was not a good idea to have a schedule to
check performance on the bathrooms, and now that the City had a contractor to take care of
the public bathrooms, they bathroom are clean, and they will continue to be clean.
Commissioner Tobin also requested the number of contracts Herman Fung was managing.
Public Works Department Director Fred Beckmann promised to have all the information
needed by the end of the week.
ACTION: No Action Taken.
2. Discuss An Update On The Citywide Dunes Maintenance Plan (4:17PM)
Public Works Department Director Fred Beckmann gave an updated report on the Dunes
maintenance plan.
Elizabeth Wheaton, Environment Research Manager gave a more detailed update on the
item, pictures were shown indicating improvement.
Commissioner Exposito wanted to know if the program is going to be established to maintain
the dunes as a long term plan.
170
City Commission Memorandum
Report of the Neighborhoods/Community Affairs Committee of December 17, 2012
Page 6 of6
Public Works Department Director Fred Beckmann responded by indicating that they are
going to issue a Request For Proposal (RFP) or an Invitation to Bid (ITB) for a City Wide
contract to take care of aU the areas where Dunes Maintenance is required. The process
should start around May or June of 2013.
Elizabeth Wheaton, Environment Research Manager also mentioned the community
workshops currently taking place with regard to the Beach and Dunes maintenance. City staff
has been presenting better ways to treat our Dunes and Beaches to local residents and
businesses.
Cristine Florez spoke.
ACTION: Recommendation was for administration to come back in 90 days for a quarterly
report.
KGB/MAS/BH/jen
171
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G MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139, wvtW.miamibeachfLgov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of ~? C~ C/ission
Kathie G. Brooks, Interim City Manager/..( c/ PI /L---•
DATE: January 16, 2013
SUBJECT: REPORT OF THE DECEMBER 19, 2012 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on December 19, 2012.
Members in attendance were Commissioners G6ngora and Libbin. Members from the
Administration and the public were also in attendance. Please see the attached sign·in
sheet The meeting was called to order at 4:10pm.
The Committee decided that for 2013, meetings should start at 3:00p.m.
1. ALTON ROAD DISTRICTS:
a) PROPOSED ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY.
(DEFERRED FROM THE NOVEMBER 5, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
JANUARY 19. 20111TEM R5D)
b) PROPOSED PARKING DISTRICT #6 FOR THE ALTON ROAD CORRIDOR.
(DEFERRED FROM THE NOVEMBER 5, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
NOVEMBER 17.2010 CITY COMMISSION MEETING, ITEM R5A)
AFTER-ACTION: DEFERRED TO JANUARY 23, 2013 MEETING.
2. PARKING ORDINANCES AND PARKING DISCUSSION ITEMS:
a. DISCUSSION ON THE PARKING REQUIREMENT AND HOW WE CAN
INCENTIVIZE FOR GOOD HOTEL DEVELOPMENT.
(RETURNING FROM THE MAY 16, 2012LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
FEBRUARY 9. 2011 CITY COMMISSION MEETING, ITEM C4C)
b. SUNSET HARBOUR PARKING DISTRICT 5; DISCUSSION OF A RESIDENTIAL
PARKING REDUCTION FOR MIXED-USE AND ADAPTIVEL Y RE-USED
BUILDINGS.
(REFERRED BY CITY COMMISSION
NOVEMBER 14, 2012 CITY COMMISSION MEETING, ITEM R5A)
174
Agenda Item CG>B
Date 1-IG ·13
City Commission Memorandum
Report of Land Use & Development Committee Meeting of December 19, 2012
Page 2 of6
c. DISCUSSION REGARDING HOTELS IN RESIDENTIAL NEIGHBORHOODS AND
PARKING REQUIREMENTS.
(REFERRED BY COMMISSIONER MICHAEL GONGORA
OCTOBER 24, 2012 CITY COMMISSION MEETING, ITEM C4N)
d. PROPOSED ORDINANCE: REVISIONS TO REQUIREMENTS FOR THE USE OF
MECHANICAL PARKING SYSTEMS.
(RETURNING FROM THE JANUARY 18,2012 LUDC MEETING
ORIGINALLY REFERRED BY COMMISSIONER JONAH WOLFSON,
APRIL 13, 2011 CITY COMMISSION ITEM C40)
AFTER·ACTION: a} Hotel Parking Requireme rd Lorber explained the hotel
ng Board. Staff recommended parking reduction ordinance and the discussion
. 75 spaces per room outside of historic
Planning Board voted to recommend .5
The West Avenue and South of Fifth
in favor of the proposed Residence Inn
that the thinking of staff was to focus
elsewhere where hotels may not be desired
of the West Avenue Neig
proposed hoteL Frank
spoke in favor. Ron Finvarb
moved forward, and indicated his
Finvarb hotel nrnlnn~~•
and Commissione
per room.
historic districts, while the
and non-historic areas.
Michael Larkin spoke
Gomez explained
the City, and not
out on behalf
against the
spoke in favor. Finvarb
indicated that the issue should be
ordinance in general and the
acknowledges the residents,
mmendation of . 75 spaces
with the proposal,
City Commission without recommendation
versions).
Parking: Richard Lorber introduced the
requ in Sunset Harbour. indicating that staff
there should be a minimum of one space per unit.
rdinance distinguishes between adaptive reuse and
,..,,..,C"t"'"''° Florez spoke.
(2-0}. Send to Planning Board with 1 space per unit
and none for adaptive reuse; to come back to LUDC prior
AFTER-ACTION: c) Hotels in Residential Neighborhoods: See Item Ba.
AFTER-ACTION: d) Mechanical Parking Ordinance: Richard Lorber introduced the item
about modifying the mechanical parking garage ordinance, and how it has become apparent
that the ordinance needs some modest amendments to make it work as intended.
MOTION: d} Ubbin/G6ngora: (2-0). Send proposed ordinance to Planning Board.
175
City Commission Memorandum
Report of Land Use & Development Committee Meeting of December 19, 2012
Page3of6
3. DISCUSSION REGARDING CHANGING THE PERMITTED USES IN A CD-2
DISTRICT TO ALLOW FOR SELF STORAGE.
{RETURNING FROM THE MAY 16,2012 LUDC MEETING
ORIGINALLY REFERRED BY COMMISSIONER JERRY LIBBIN,
APRIL 13, 2011 CITY COMMISSION MEETING, ITEM C4G}
AFTER-ACTION: Richard Lorber introduced the item and explained the Planning Board
deliberations and recommendation. He indicated that there was a thought that certain CD-2
areas are more appropriate than others for this type of use, and the ordinance could be
further refine to specify which areas. Wayne Pathman spoke on behalf of the proponent
Jack Johnson spoke on behalf of the Flamingo Neighborhood Association.
Commissioner Libbin and Commissioner Gongora both. the areas should be limited.
MOTION: Libbin/G6ngora : (2-0). Send to Comm
Sunset Harbour and Harding areas.
4.
N,
5. DISCUSSION
RELATING
DISTANCE
ADOPTING
CODE CHAPTER 6-4 (3)
REQUIRES A 300 FOOT
D T THE CITY LOOK INTO
OF 1500 FEET.
6.
28, 2012 LUDC MEETING
SIONER JORGE R. EXPOSITO
MEETING, ITEM C4L)
23, 2013 MEETING.
LAND USE BOARDS TO IMPROVE THE CITY OF MIAMI
.._ ... ,,,. ..... NG DEPARTMENT PROCESSES.
FOR HISTORIC HOTELS & RM-2 TOWER SETBACKS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS", BY AMENDING ARTICLE II,
ENTITLED "DISTRICT REGULATIONS", BY AMENDING SECTION 142-155 TO
MODIFY THE REQUIREMENTS FOR MINIMUM AND AVERAGE HOTEL ROOM SIZE
FOR HISTORIC HOTELS WITHIN THE RM-1 DISTRICT; BY AMENDING SECTION
142-217 TO MODIFY THE REQUIREMENTS FOR MINIMUM AND AVERAGE HOTEL
ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-2 DISTRICT; BY AMENDING
SECTION 142-218 TO MODIFY THE TOWER SETBACK REQUIREMENTS WITHIN
176
City Commission Memorandum
Report of Land Use & Development Committee Meeting of December 19, 2012
Page4of6
THE RM·2 DISTRICT; BY AMENDING SECTION 142-246 TO MODIFY THE
REQUIREMENTS FOR MINIMUM AND AVERAGE HOTEL ROOM SIZE FOR
HISTORIC HOTELS WITHIN THE RM-3 DISTRICT; PROVIDING FOR INCLUSION IN
THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
b). RM-3 ACCESSORY USE SIGNAGE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, AMENDING CHAPTER 138,
ENTITLED "SIGNS", BY AMENDING ARTICLE V D ,.SIGN REGULATIONS
BY DISTRICT", BY AMENDING ·172 TO MODIFY THE
REQUIREMENTS FOR HOTELS AND ILDINGS WITHIN THE RM-3
DISTRICT; BY AMENDING SECTION 1 THE REQUIREMENTS FOR
HOTELS AND APARTMENT BUI RM-3 DISTRICT; BY
AMENDING SECTION 138-171 TO NTS FOR HOTELS
AND APARTMENT BUILDINGS PROVIDING FOR
INCLUSION IN THE CITY CODE; SEVERABILITY
AND AN EFFECTIVE DATE.
c). POOL SETBAC
ENCROACHMENTS
AN ORDINANCE
BEACH,
THE CODE
ENTITLED
IV,
SETBACK
OF THE CITY OF MIAMI
ENT REGULATIONS OF
ENDING CHAPTER 142,
, BY AMENDING ARTICLE
REGULATIONS", BY AMENDING
LJ'"·=···ENTS FOR THE CONSTRUCTION
THRU LOTS WITHIN SINGLE FAMILY
132 TO MODIFY THE SETBACKS
OTHER MECHANICAL EQUIPMENT;
THE CITY CODE; PROVIDING FOR REPEALER,
DATE.
fEIIIIBER 5, 2012 LUDC MEETING
BY COMMISSIONER MICHAEL GONGORA
ITY COMMISSION MEETING, ITEM C4M)
AFTER-ACTION: Gomez explained a proposed additional zoning ordinance
amendment, regarding the Planning Board's application to modify the requirements for Boat
Dock approvaL The Committee felt that the Planning Board is best aware of the current
requirements, and could proceed with a public hearing on their proposed ordinance
streamlining the approval process.
177
City Commission Memorandum
Report of Land Use & Development Committee Meeting of December 19, 2012
Page5of6
7. DISCUSSION OF RFP FOR TENNIS MAINTENANCE AND BIFURCATING
MAINTENANCE AND OPERATIONS.
(REFERRED BY COMMISSIONER JONAH WOLFSON
JUNE 6, 2012 CITY COMMISSION MEETING, ITEM C4H)
AFTER-ACTION: Kevin Smith introduced the item and explained the current contract
arrangement. A discussion of the tennis issue ensued with members of the Tennis Advisory
Committee. Commissioner Libbin indicated that most of the City's maintenance is
peliormed by contracted companies. Kevin Smith would prefer that the company that builds
the courts be the company that assesses the the courts and prescribes
maintenance.
MOTION: LibbinG6ngora: {2-0) Send to the ·. a recommendation for the
do the entire job, to include
Advisory Committee as
Administration to put out an RFP for a manag
peliormance standards highlighting tYI!:!Iint.:.
well.
8.
Com
that
hotels, but
weigh in on
S TO ADDRESS
MITY TO
NG FOR
uses in the residential West
recommend making hotels
f West Avenue and Meridian Avenue from
banning hotel use entirely in these areas.
in the Meridian Avenue area. Christine
Entin and Michael Larkin spoke. Jane
Gold spoke.
Commission is elected to protect the residents, and
ntial. He would protect those areas from new
for those already in the pipeline with permits. Legal should
. He would include Palm View as well.
Neighborhoods: Libbin/G6ngora: (2~0) Move forward
ordinance to prohibit in the West Avenue corridor, and Palm View to Planning Board.
Legal to provide advice re property rights act. Include applicability clause to protect existing
properties.
AFTER~ACTION: The balance of the MBU items (Sidewalk Cafes, and Compatibility with
Nearby Single-Family Residential Zones) shall be heard by the Committee at a special
LUDC meeting, to be scheduled as a separate meeting, with a later start time. Staff to work
with Committee members to find an appropriate date and time.
178
City Commission Memorandum
Report of Land Use & Development Committee Meeting of December 19, 2012
Page 6 of6
9. DISCUSSION CONCERNING THE MIAMI BEACH HUMAN RIGHTS COMMITTEE
RESOLUTION REGARDING THE POSTING OF PUBLIC NOTICES.
(REFERRED BY COMMISSIONER MICHAEL GONGORA
SEPTEMBER 12, 2012 CITY COMMISSION MEETING, ITEM C4D)
AFTER-ACTION: DEFERRED TO JANUARY 23,2013 MEETING.
10. DISCUSSION REGARDING FOOD TRUCKS ON PRIVATE PROPERTY
(DEFERRED FROM THE NOVEMBER 5, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY COM JONAH WOLFSON
SEPTEMBER 12,2012 CITY NG, ITEM C4K)
AFTER-ACTION:
11. DISCUSSION REGARDING THE
ORDINANCE.
AFTER-ACTION: Richard
HAND STORE
179
LAND USE AND DEVELOPMENT COMMITTEE
City Managers Large Conference Room
12/19/2012
180
LAND USE AND DEVELOP1\1ENT COlVIMITTEE
City l\1anagers Large Conference Room
12/19/2012
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181
(g MIAMIBEACH
City of Miami Beach, 1700 Convention Cen!N Drive, Miami Beach, Florida 33139, :W~Y.(,l!1i9Jl'.ibJ~QchfLg_QY
TO:
FROM:
DATE:
COMMITTEE MEMORANDUM
Mayor Matti H. Bower and Members of the City Commi7n
Interim City Manager Kathie G. Brooks ~ fi-.1/~
January 16, 2013
SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE MEETING ON DECEMBER 20,2012
The agenda is as follows:
OLD BUSINESS
1. Discussion regarding a proposed marketing program for Sunscreen
and an update on other potential marketing partnerships
ACTION
Finance Committee members to meet with Assistant City Manager Max
Sklar to go over any questions that can be answered before bringing this
discussion back to the next meeting.
Assistant City Manager Max Sklar presented the item.
The Finance and Citywide Projects Committee (FCWPC) met on November 9,
2012 and was provided an update on the City's efforts, in conjunction with the
City's municipal marketing consultant, The Superlative Group (TSG), to
identify potential municipal marketing partners and opportunities. During the
November 9, 2012, FCWPC City staff considered naming rights, as well as a
potential sunscreen licensing agreement. The Committee unanimously
passed a motion to no longer pursue naming rights of our parks and to
research development of a park foundation for consideration by the City
Commission. The Committee also directed staff to provide more detailed
information on the proposed Sunscreen Licensing agreement.
Max Sklar went on to explain that 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
Agenda Item C '2 C...
182 Date J-/b-"1~
advised the prospective proposers of our interest in securing a partner that
provided a minimum annual guarantee, as well as a percentage of net
wholesale sales to be credited against the minimum guarantee. TSG
recommended a minimum ten·year term for the partnership which is not only
consistent with typical exclusive partnerships, but also creates an incentive for
the prospective proposer -as the selected partner will have exclusive rights
for an extended time -sufficient to amortize any capital investment, and to
establish the new brand's presence in the market.
Attached is a detailed Term Sheet and the summary of the terms:
Proposed Terms:
Terms have been proposed by TSG as a result of their negotiations with
Energizer (Banana Boat I Hawaiian Tropic) and a summary of these terms
delineate the responsibilities of each party during the term of the Agreement
Estimated total value:
The estimated total value of the proposed Exclusive Sunscreen Partnership
with Energizer over the term of the agreement is, at a minimum, $ 1,500,000,
inclusive of an annual sponsorship fee ($150,000), 4% licensing fee to be
credited against annual sponsorship fee, marketing program to promote
product and the City of Miami Beach brand, and potential contribution of
apparel to Ocean Rescue. There have been no other offers from competing
brands to the City at this time.
The following chart provides a breakdown of the value of the proposed
partnership between the City of Miami Beach and Energizer (cash and non-
cash):
,--
1st Year l Over 10-Year
l Term
j Annual Guaranteed Minimum $150,000 i $1,500,000
$ (67,500) Commission includes monitoring $ (675,000) I TSG Annual_ Commission (45%) t Subtotal -Annual Revenue to Ci!Y. I $ 82,500 $ 825,000
Golf Rounds Annually $ (1 ,600) 1 Value of golf rounds $ (16,000)
1 5 S~ecial Event Permits Annually $ (2,_500)
. !
$ (25,000) Capped at a total value of $,2500
Advertising (5th & Alton Signs)
Annually $ . {4,200) Value of ads sold bl: CMB $ (42,000)
Net Minimum Annual Revenue to
CMB $ 74,200 $ 742,000
183
Potential Additional Benefits to
CMB
~Boucher Bros. Annual T owe I
Replacement
Pool/Tennis Umbrella Replaceme!:l.i_
Staff T owe! Annual Replacement
Paddleboard Replacement I .
! Ocean Rescue Annual Uniform
' LBeplacement
I $
Boucher is required to purchase
8,000 new towels annually
$30,000
Umbrellas are not replaces
annually
$ 2, 500 1 1 0% Commission to be paid to
1 TSG on budgeted cost
$ 20,000 M~ avoidance measures, potential
$20,000
$80,500
for add'l $4,250 in Commission.
(Paddleboards would not be
re laces annual! .
Potential Additional Annual Benefits to Ener izer
I l
'
$
$
$
$
$
$
8o.ooo I
60.000 I
25,000.
40,000 200,00~1
405,000
1 Logo Placement Ocean Rescue I l
1 Vehicles $ 520,000 Value of im ressions $ 5,200,000 , ----------~~--~-----~~~~=~~~-----! 1 Energizer does not currently
I. ll sample product in CMB, no loss j
Annual Sampling Permits Va!_ue__ _ $ 40,000 of revenue. _______ _..,L __ $..::___4~0_::.0.!.-.,0--=0;,_;;0--'
* Energizer to Pay CMB Annual License/Royalty
Fee of 4% of Net Wholesale Sales
Pursuant to the terms of the City's Agreement with TSG, TSG is entitled to 45%
commission on licensing agreements (to include contract monitoring). The total
amount to be paid to TSG will be calculated once the payment schedule is
determined for the cash components of the agreement above.
During the FCWPC meeting Commissioner Exposito also requested the
Administration contact the Boucher Brothers as the City's beach concessionaire
to determine any potential impact to their operation. City staff spoke to the
Boucher Brothers about the agreement who expressed a concern with the
agreement, because they are also considering their own sunscreen line and this
potential agreement would prohibit their development of this.
It is important to note that the goal of this sunscreen licensing agreement is for
the City to partner with Energizer to develop, produce, distribute and market a
Miami Beach Sunscreen globally. Energizer would pay the City an annual
license fee of 4% of net wholesale sales, which has the potential to significantly
exceed the annual guaranteed minimum being proposed. The global distribution
of the product has an additional marketing value to the City's brand.
Commissioner Jorge Exposito asked if they can calculate the estimated value for
the things they are asking for to make a proper determination. Commissioner
Michael Gongora stated that the logo placement being given more consideration
seeing that it appears to be worth a lot more and that we could be looking at the
184
wrong thing to brand. Chairperson Oeede Weithorn stated that quality control
needs to be discussed if we are putting the City's name on something.
Commissioner Exposito asked for an explanation on what net of wholesale
means. Chairperson Weithorn requested a copy of the Boucher Brothers
contract and that Finance Committee members meet with Assistant City Manager
Max Sklar to go over any questions that can be answered before bringing this
discussion back to the next meeting
NEW BUSINESS
2. Discussion regarding the motions made by the Quality of Education
Committee during their September meeting
ACTION
The Committee recommended funding the City's proportionate share of the
estimated $62,000 for a full time registered nurse (with benefits), and
$30,000 for a full time medical assistant (with benefits), subject to the other
two neighboring municipalities also contributing their proportionate share
of the expenses. This is to be done for one year and analyzed again when
preparing the operating budget going forward.
Commissioner Jerry libbin presented the item and gave a brief history of the
item.
Commissioner Libbin then added that the Chamber of Commerce got involved
with the EDNA Health Initiative in which they pledged 100% of the proceeds to
the funding of the nurse if they mobilized the community enough to win the
contest they ended up finishing first in the nation. A $30,000 award was won that
they pledged would go to nursing initiative. Commissioner Ubbin stated that he
is asking for $65,000 from the City of Miami Beach to go with the $30,000 that
the Chamber of Commerce already has to go to the Health Trust to get a nurse
for the schools for one year. Chairperson Deede Weithorn stated that as much
as she would want to do this, it's not in this year's budget Commissioner
Michael Gongora stated it's a good cause but was confused on understanding of
the request per the memo. Interim City Manager Kathie G. Brooks stated if you
look at the contract it clearly states that the district would be responsible for the
nurse practitioners. Chairperson Weithorn asked what would be the budget line
item that would be used to fund this or where would the money come from. Ruth
K. Broad Bay Harbor PTA Vice President Tamar Oppenheimer stated there's an
immediate concern of solving this problem. In the interim, one idea was if the
school district could pay 15 professional staff members to be trained on CPR.
Through these discussions, the idea of needing a nurse came up. Commissioner
Exposito asked lf they had reached out to Bay Harbor, Bal Harbor and Surfside
to see if they were willing to fund their proportionate share. He stated it is
important to know the response from the other municipalities so that everyone is
responsible for their proportionate share. It would appear that Miami Beach
would end up funding all the schools without the assistance of the other councils
185
as oppose to joining forces. Chairperson Weithorn stated it would be unfair to
the citizens of this City to ask them to subsidize the children of more than one
Municipality, but that she's willing to give the pro rata share for one year putting
the pressure on the other Cities to step up and do their part. Commissioner
Exposito made a recommendation to find some funding from the increased boat
show cost, but Commissioner Libbin stated the School Board does not allow this
type of funding to the PTA. Quality Task Force Healthcare Education Committee
representative Karen Rico stated that her main concern is that the door does not
get closed on this issue.
Commissioner Libbin stated that as he understands the Committee recommends
funding the City's proportionate share of the estimated $62,000 for a full time
registered nurse (with benefits), and $30,000 for a full time medical assistant
(with benefits), subject to the other two neighboring municipalities also
contributing their proportionate share of the expenses. This is to be done for one
year and analyzed again when preparing the operating budget going forward.
3. Discussion concerning the Lease for the Miami-Dade Gay and
Lesbian Chamber of Commerce Foundation located at Historic City
Hall at 1130 Washington Avenue
ACTION
Item Deferred.
4. Discussion regarding to consider A Request for Rent Relief from
Penn 17, LLC., regarding the retail space at the Pennsylvania Avenue
parking garage
ACTION
This item was moved with no recommendation except conceptually since it
has to go to before the Commission for final approval. The Finance
Committee provided parameterst that must be negotiated with the tenant
regarding rent deferral which should be less than one year, no rent
abatement and the tenant is to provide a timeline for the re-opening of the
restaurant. Upon completion of the negotiations, the agreement should be
brought to the January Commission meeting for approval.
Anna Parekh Real Estate, Housing & Community Development Director
presented the item.
She went on to explain that on December 12, 2012, the City Commission referred
the matter to the City's Finance and Citywide Projects Committee (FCWPC) for
discussion, subject to the Tenant remitting all outstanding rent amounts due for
October, November and December. Subsequent to the Commission meeting,
the Tenant informed staff that it wasn't in a position to remit rent for the three-
186
month period and instead offered to pay one-month's rent in exchange for the
Committee's consideration of its request for additional rent relief. This request
was formally transmitted in writing from Tenant's Legal Counsel on December
141
h. On December 17, FCWPC Chairperson, Commissioner Weithorn agreed to
the Tenant's request, subject to the rent being remitted via wire transfer or
cashier's check prior to the Committee meeting. Payment for Octobers rent was
received on December 19, 2012.
On December 17, 2012, the Tenant informed staff that it had closed the
restaurant with the intent of reopening in February, 2012 under a new name and
new concept. The Tenant also informed staff that given the amount of money
and time it had invested in the Premises, that it was fully committed to keeping its
lease and was hopeful it could negotiate favorable terms with the City to do so.
The Administration is therefore requesting input and direction from the City's
Finance and Citywide Projects Committee as to the Tenant's requests.
Chairperson Deede Weithom began by thanking the tenant for making a good
faith payment of rent to meet with the Finance Committee. Chief Deputy City
Attorney Raul Aguila stated that the relief the tenant is asking for is a portion
of their security deposit be applied to their past due rent for November and
December and commencing January 1, 2012 they be given a 50% rent
abatement for one year and that the legal department does not agree with
this.
Commissioner Jorge Exposito asked if the cost was known for the
replacement of the A/C units. Cooper Avenue Partner Amir Ben-Zion stated
that it is in the range of $60-65,000, We are trying to do everything necessary
to hold on to our lease. Currently, we have closed the doors indefinitely until
the A/C units have been replaced and then we will have a re-grand opening
under Cooper or a new name. Chairperson Weithorn asked how long it would
take to get another tenant into the space in which Real Estate, Housing &
Community Development Director Anna Parekh stated it would take a couple of
months. Chairperson Weithorn stated she would need a letter of credit to give
some of these concessions. Cooper Avenue Partner Amir Ben-Zion responded
that a line of credit does not exist in this line of business, but they have made
many improvements to the property. Commissioner Michael Gongora stated it's
not all the City's fault and would like to see what they have proven with some of
their other businesses. Cooper Avenue Partner Amir Ben-Zion stated that if they
can agree with the City, they would release the City of any legal liabilities. City
Attorney Jose Smith stated that after speaking with staff, it's the City's position is
that that they did nothing wrong and that all A/C issues are the responsibility of
the tenant. Commissioner Michael Gongora agreed and stated that the City did
nothing wrong, but that it would be better to work something out with the current
tenant. City Attorney Smith stated legal suggest instead of rent abatement, that
it be rent deferral so that the City gets paid at the end and not waive the rent
completely for 2013. Commissioner Gongora is against using the security
deposit because that would leave nothing if the tenant decided to leave. Interim
City Manager Kathie G. Brooks stated she does not recommend touching the
security deposit. Commissioner Jorge Exposito stated he wants to make sure
the process is done correctly and that this issue doesn't resurface in the future.
187
In the meantime, in an effort of good faith, the City will not take any legal action
until the Commission meeting. City Attorney Smith stated he does not want to
waive any rights the City might have until he speaks to Jeffrey Rynor, the
tenant's legal counsel. Real Estate, Housing & Community Development Director
Anna Parekh clarified that the Commission is suggesting deferral of rent and not
50% off for one year. Commissioner Gongora also stated that a shorter time
frame of 6 months seems like enough time or by March for any agreement made.
Chairperson Weithorn stated that this item was moved with no recommendation
except conceptually since it has to go to before the Commission for final
approvaL The Finance Committee provided parameters' that must be negotiated
with the tenant regarding rent deferral which should be less than one year, no
rent abatement and the tenant is to provide a timeline for the re-opening of the
restaurant Upon completion of the negotiations, the agreement should be
brought to the January Commission meeting for approval.
5. 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
ACTION
The Committee recommended entering into a lease Agreement with
Representative David Richardson (and/or the Florida House of
Representatives) for the use of 541 square feet of space located on the 4th
floor of 1701 Meridian Avenue, for the total annual rent of $3,732 {or
$397/mo). Also entering into a lease Agreement with Commissioner Bruno
Barreiro (and/or the Nliami~Dade Board of County Commissioners) for the
use of 412 square feet of space currently occupied in the ground floor of
City Hall, 1700 Convention Center Drive, for one dollar per year.
Anna Parekh Real Estate, Housing & Community Development Director
presented this item.
While the City could command fair market rents for the use of the two spaces,
the current use of ground floor space by Commissioner Barreiro, and the
proposed use of office space on the 4th floor by Representative Richardson
faciHtate enhanced public service to constituents. The City's contribution in
making City space available for Miami Beach residents to meet with their County
and State elected officials outweighs the benefits of collecting fair market rent for
these properties.
Therefore, the Administration recommends that the F&CWPC accept the
Administration's following recommendations, which would be subject to the City
188
Commission's approval:
• Approve the City entering into a Lease Agreement with Representative
David Richardson (and/or the Florida House of Representatives) for the
use of 541 square feet of space located on the 4th floor of 1701 Meridian
Avenue, for the total annual rent of $3,732 (or $397/mo). The
recommended rent represents $6.90 per square foot to cover the City's
common area maintenance costs and insurance expenses.
• Approve the City entering into a Lease Agreement with Commissioner
Bruno Barreiro (and/or the Miami-Dade Board of County Commissioners)
for the use of 412 square feet of space currently occupied in the ground
floor of City Hall, 1700 Convention Center Drive, for one dollar per year.
The one dollar represents legal consideration and is intended to honor the
previously agreed upon terms for the use of the space. The
recommendation to enter into a formal Lease Agreement is intended for
the purpose of memorializing the agreement for the use of the space.
Chairperson Weithorn stated she needed an understanding of the amount of
space that would be used by Representative Richardson. Assistant City
Manager Max Sklar clarified that Representative Richardson would not be
occupying both spaces at the same time. The space that former Congresswoman
Ros~Lehtinen occupied is a temporary space right now until the VCA moves out
of the space they are currently in and then Representative Richardson will move
into that space. Commissioner Michael Gongora stated he is in favor of both
representatives occupying office space as elected officials serving our
constituents. Commissioner Jorge Exposito stated there is a benefit to having a
State Representative in the office space.
Chairperson Weithorn made a motion to Approve the City entering into a Lease
Agreement with Representative David Richardson {and/or the Florida House of
Representatives) for the use of 541 square feet of space located on the 4th floor
of 1701 Meridian Avenue, for the total annual rent of $3,732 (or $397/mo). The
recommended rent represents $6.90 per square foot to cover the City's common
area maintenance costs and insurance expenses. Also to approve the City
entering into a Lease Agreement with Commissioner Bruno Barreiro (and/or the
Miami-Dade Board of County Commissioners) for the use of 412 square feet of
space currently occupied in the ground floor of City Hall, 1700 Convention Center
Drive, for one dollar per year. The one dollar represents legal consideration and
is intended to honor the previously agreed upon terms for the use of the space.
The recommendation to enter into a formal Lease Agreement is intended for the
purpose of memorializing the agreement for the use of the space. Commissioner
Exposito seconded the motion and it passed.
6. 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
189
ACTION
The Committee recommended that an Industry or Peer Review process be
conducted prior to the issuance of an RFP.
Anna Parekh Real Estate, Housing & Community Development Director
presented this item.
In light of the stated concerns about proceeding with an RFP for ATM services,
the Administration believes that an Industry or Peer Review process should be
conducted prior to the issuance of an RFP and that until that process or another
course of action is determined by the City Commission, that the direction to issue
an RFP for ATMs be rescinded.
Assistant City Manager Max Sklar added that City Code prohibits the ATM
machines from being visible in the right of way which can create a challenge for
identifying potential locations. Chairperson Deede Weithorn asked why the RFP
could not be issued and see what type of response is received. Real Estate,
Housing & Community Development Director Anna Parekh responded that a
peer review can be done to see if there's a need for the services. Chairperson
Weithorn stated their will be minimum, requirements because there has been a
change in the compliance rules with regards to banking. Interim City Manager
Kathie G. Brooks stated her concerns as to what is the objective in putting out
the A TMs. Commissioner Jorge Exposito stated that his concerns are with the
issue of fraud and safety. The Committee recommends that an Industry or Peer
Review process be conducted prior to the issuance of an RFP.
7. Discussion of the current management and operations of the City of
Miami Beach golf courses, clubhouses and related facilities and
options/direction for the future management agreement
ACTION
The Committee recommended warvmg competitive bidding and re-
awarding the contract to Professional Course Management lit L TO to
manage the golf course under the new terms of their agreement.
Kevin Smith Parks and Recreation Director presented this item.
He then proceeded to go over the fee structure included in the previous
management and operations agreements between the City of Miami Beach and
Professional Course Management (PCM) that was as based on an annual
management fee of $125,000 per golf course plus a 10% incentive fee earned
only after revenue of $1.875M is attained at each golf course individually, and the
debt service at each golf course is addressed. The 10% incentive was
subsequently modified in the summer of 2010 in the form of a voluntary reduction
to 8%, by PCM. This represented a savings to the City in FY 2010-11 of
190
approximately $40,000 and $36,000 in FY 2011~12. This goodwill gesture by
PCM was in recognition of the challenges the City was facing in light of the
financial crisis and recession we were in at that time and for consideration of the
City agreeing to extend the current agreement for the remaining available time.
He then went over the worksheet outlining the current terms of the agreement,
including the voluntary reduction of incentive fee mentioned above, and the
negotiated proposed terms agreed to by PCM for future years' management
agreement, contemplated to be for 3 years, plus two (2) one year extensions.
Additionally, we have also included a column outlining potential savings, based
on historical averages of prior year actual to the negotiated terms.
Below is a summary of the key points that were discussed and negotiated:
• Yearly Management Fee charge per Golf Course (Miami Beach, Par 3
and Normandy)
• Incentive Fee percentage
• Incentive Fee Revenue thresholds
• Debt Service Provision ( must cover Debt Service to earn full Incentive
fee)
• A capped Incentive Fee
• Incentive Fee "pay-back" if Revenues are not met
Yearly Management Fee: Current Proposed
Miami Beach
Normandy
Par3
$125,000
$ 125,000
-0-
$ 125,000 plus CPI or 3% yearly
$ 125,000 no CPI or yearly adjustment
-0-
(Please note that the estimated fee to manage a new Par 3 golf course to be included at no
cost by PCM is estimated between $36,000 and $48,000 annually.)
Incentive Fee
Miami Beach
Normandy
Par3
Debt Service Provision
Miami Beach
Normandy
Par3
Current Proposed
8% over $1.875M
(after Debt Service)
Cap of $125,000 to $ 3.9M in Revenue
plus 5% over$ 4M in revenues
8% over $ 1.875M
(after Debt Service)
7% over $1.8M in revenues
-0-
Current
Must meet Debt Service
($ 800,000)
Must meet Debt Service
($ 400,000)
n/a
191
-0-
Proposed
Same
Eliminated
n/a
Incentive Fee "pay-back'' Provision
Current Proposed
Miami Beach No Approx. 8% of revenues below$ 3.9M
Normandy No No
Par3 No No
Assuming a yearly revenue stream at the Miami Beach Golf Club of $ 4 Million
and yearly estimated revenue of $ 1.8 Million at the Normandy Golf Club, the
anticipated average yearly net savings to the City would amount to$ 25,000 from
the current agreement and approximately $75,000 per year from the original
agreement(s).
Professional Course Management II, ltd. has successfully managed and
operated the City's golf courses and clubhouses since October 1, 2001. The
current agreement expired on September 30, 2012 and we are now on a month-
to-month with them as authorized by the City Commission on September 12,
2012. After extensive good faith efforts between the City and PCM to negotiate a
new fee structure with additional benefits to the city in consideration of waving
competitive bidding process, as directed by this Committee on July 10, 2012, the
Administration and PCM have reached the following terms for a fee arrangement
that:
• Caps the incentive paid to PCM when certain revenue thresholds are met;
• Provides for a "pay-back" provision when revenue thresholds are NOT
met;
• lncentivizes PCM at a lower rate than the current agreement provides
for on higher revenues collected;
• And based on historical averages, saves the City an average of:
o $ 25,000 per year based on the current fee structure with the
voluntary reduction currently in place, or
o $ 75,000 per year based on the original Agreement.
The Administration is seeking the guidance and direction of the Finance and
Citywide Projects Committee to assess and evaluate the success of this
contractual relationship with Professional Course Management II, LTD., and to
discuss the options and future actions for the on-going management and
operations of the City's Golf Courses, Clubhouses and Related Facilities. At this
time the options are to:
• Direct the Administration to prepare a Request For Proposals (RFP) for
the Management and Operations of the City's Golf Courses, Clubhouses
and Related Facilities to be issued a soon as possible; or
• Direct the Administration to prepare a Commission action recommending
the waiving the competitive bidding process and prepare a new
agreement with Professional Course Management for the continued
management and operations of the City's Golf Courses, Clubhouses and
Related Facilities based on the terms negotiated with the intention of
having an agreement ready as soon as possible.
192
Chairperson Deede Weithorn asked for an explanation of the 90% increase in
water in which Parks and Recreation Director Kevin Smith stated that the water
bills had been previously charged to City and the full allocation wasn't hitting the
golf course. A full audit was done to adjust this properly.
Parks and Recreation Director Kevin Smith went on to explain that the Premier
Card generates almost a million dollars or more during the summer for having the
membership. Commissioner Jerry Libbin asked for a comparable detail on the
cost breakdown of expenses versus the revenue that is being generated.
Commissioner Michael Gongora asked if the management fee could remain flat if
they agreed to waive competitive bidding. President of P.C.M. Johnny La
Ponzina responded that they cannot agree to that because he believes that a
cost of living index is only fair going forward, with the rate being flat for the last 10
years. Chairperson Deede Weithorn stated due to the success of their
relationship with the City that this has justified waiving competitive bidding and
the Premier Card is an integral part of the golf course. A motion was made by
Commissioner Jorge Exposito to waive competitive bidding and continue to use
Professional Course Management II, LTD to manage the golf course under the
new terms of their agreement. Motion was second by Chairperson Weithorn.
193
C7
RESOLUTIONS
COMMISSlON ITEM SUMMARY
Condensed Title: I A Resolution authorizing the City Manager retroactively to apply for and accept three (3) grants.
Key Intended Outcomes Supported:
1) Diversify business base on Miami Beach; 2) Enhance mobility throughout the City; and, 3) Reduce the
number of homeless. ·..:.:.:_::_:_::_::..::.:_ _______ -:--~---------------~~~ ---···--·--
Supporting Data ~ 2009 Community Survey: 1) When asked, "Which do you feel are the most
important challenges over the next several years that face your business in Miami Beach?" 17.5% of
businesses stated "Lack of affordable housing in Miami Beach for labor force:· 3) "The City's efforts to
address homelessness" was a key driver for resident respondent in how they view the city as a place to live,
view city government on meeting expectations and if they would or would not recommend the city as a place
to live; 'A lot of homeless' was rated amongst the top five things that have a negative impact on the quality of
life. Based on the Census Count (January 2012), the number of homeless in Miami Beach has decreased
from 239 in FY 2004/05 to 177 in FY 2010/11. City of Miami Beach 2025 Comprehensive Plan: 2)
Polley 4.11: Cross-Bay Alternative: "The City encourages Miami-Dade Transit and the MPO to study the
feasibillty of connecting Miami Beach by transit to the Airport and Downtown M!ami."
Item Summa /Recommendation:
Approval to apply to: 1) National Endowment for the Arts for funding in the amount of $25,000 for the initial
planning analysis for artist live/work space on Miami Beach; 2) Miami-Dade Metropolitan Planning
Organization (MPO), Cali For Ideas Program for funding in the approximate amount of $250,000 for a pre-
feasibility study related to Mass Transit Connectivity; and, 3) Retroactive approval to apply to Miami-Dade
County Homeless Trust for funding in the approximate amount of $65,212 for Homeless Outreach Services;
appropriating the above grants, if approved and accepted by the City, and authorizing the execution of all
documents related to these applications. Adopt the f!e.;:_s:_;o:..:..l..:..ut.:.:..io;;_n:....:·:_._ __ ~~~~
LAdvisory Board Recommendation: N_IA _______ ~~-·
Financial Information: ---:--·
# I Grant Name/ Source
of i Project
' funds I
I
! NEA/Our Town 1
ArtS pace
~ MPO Call for
Ideas/Mass
Transit
Connectivity
--3 MDC Homeless
Trust/Salaries -
Outreach
~-··--·-
j Grant
Approx i Amount -
1 $25,ooo
!
!
!
I
I
!
$250,000
-$65,212
I I l
I
I
I
i
I
I l
i
Match Amount/City Expense/Source
Required match amount: $25,000. However, the
City will contribute approximately $32,500 to cover
t
f
he anticipated expenses of this project. Matching
unds may bern a combination of cash and in-kind
ervices donated to the project. Matching funds s
d
will be requested, subject to award of this grant
_uring the fY 13/J.±QlJ_d::..-:g;c:e:.:..t ::::..cyt-:c:.:..:le:.:.·---~~~-1
N/A-Match not required.
iS 16,500/ REHCD Budget Homeless Division
Salaries) i (
I
I
l , ______ _
City Clerk's Office Legislative Tracking: .. I Judy Hoanshel~ Gr~-nts Manager, Office of Bud~et and Performance Improvement
Si n~Offs:
Department Director
!------'-·
Assistant City Manager
MfAMIBEACH 195
AGENDA tTEM
DATE.
c·1 A
L-lltr/3
~ MIAMI BEACH
City of Miami Beach, 1700 Conven!ion Center Drive, Miami Beach, Florida 33139, www.miomibeachfLgov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM, Kathie G. Brooks, Interim City Manager /,_/1--/--
DATE: January 16, 2013
SUBjECT: 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 A SUBMIT GRANT APPLICATION TO: 1)
THE NATIONAL ENDOWMENT FOR THE ARTS FY 2013 OUR TOWN
PROGRAM, FOR FUNDING IN THE AMOUNT OF $25,000 FOR THE INITIAL
PLANNING ANALYSIS FOR ARTIST LIVE/WORK SPACE ON MtAMl BEACH;
2) MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION {MPO}, CALL
FOR IDEAS PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF
$250,000 FOR A PRE-FEASIBILITY STUDY RELATED TO MASS TRANSIT
CONNECTIVITY, AND, 3) RETROACTIVELY, IN THE APPROXIMATE AMOUNT
OF $65,212 TO MIAMI-DADE COUNTY HOMELESS TRUST IN RESPONSE TO
THE REQUEST FOR APPLICATIONS FOR INCLUSION IN THE APPLICATION
TO BE SUBMITTED BY THE MIAMI-DADE COUNTY CONTINUUM OF CARE
FOR THE 2012 US HUD NOTICE OF FUNDING AVAILABILITY {NOFA) FOR
THE CONTINUUM OF CARE PROGRAM COMPETITION, FOR FUNDING FOR
THE CITY'S HOMELESS OUTREACH PROGRAM; APPROPRIATING THE
ABOVE GRANTS IF APPROVED AND ACCEPTED BY THE CITY, AND
AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THESE
APPLICATIONS
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1 Agproval to submit a grant aPQiication to the National Endowment for the Arts FY
2013 Our Town Program, forfunding in the amount of $25,000 for the initial planning
analysis for artist live/work space on Miami Beach
The National Endowment for the Arts was established by Congress in 1965 as an
independent agency of the federal government. To date, the NEA has awarded more than
$4 billion to support artistic excellence, creativity, and innovation for the benefit of individuals
and communities. The NEA extends its work through partnerships with state arts agencies,
local leaders, other federal agencies, and the philanthropic sector. Organizations may apply
for creative placemaking projects that contribute to the livability of communities and place
the arts at their core.
Artspace's mission is to create, foster, and preserve affordable space for artists and arts
organizations. It pursues this mission through development projects, asset management
activities, consulting services, and community-building activities that serve artists and arts
organizations of all disciplines, cultures, and economic circumstances.
196
Commission Memorandum
Page2
The Administration is considering submitting a grant application to the NEA in partnership
with Artspace, to do the initial planning analysis for artist live/work space atthe Byron Carlyle
Theater or at another location on Miami Beach. The project is anticipated to cost
approximately $15,000 for the initial feasibility study and $42,500 for development of the
concept plan after initial feasibility.
This grant requires matching funds. The grant request will be in the amount of $25,000.
The required match amount is $25,000. However, the City will contribute approximately
$32,500 to cover the anticipated expenses of this project.
Matching funds may be in a combination of cash and in-kind services donated to the
project. Matching funds will be requested, subject to award of this grant during the FY
13/14 budget cycle. This project supports the key intended outcome diversify business
base in Miami Beach.
2 Approval to submit a grant application to the Miamt-Dade Metropolitan Planning
Organization (MPO), Call For Ideas Program for funding in the approximate amount
of $250 1000 for a pre-feasibility study related to Mass Transit Connectivity
The Miami-Dade Metropolitan Planning Organization (MPO) is responsible for transportation
planning in Miami-Dade County. The MPO's Call for Ideas Program provides funding for
transportation studies that provide effective solutions that alleviate traffic congestion in
Miami Dade County. Approved transportation planning studies are incorporated into the
Unified Planning Work Program (UPWP).
Preliminary exploratory work relating to mass transit connectivity from the mainland to Miami
Beach has been ongoing; the Administration would like to present the concept to the MPO
and the Call for Ideas is an appropriate method. The subject of mass transit connectivity
has been referred to the City's Neighborhood Committee, Land Use Committee and Finance
and Citywide Projects Committee.
The Call for Ideas Program does not require matching funds and supports the key intended
outcome enhance mobility throughout the City.
3 Retroactive approval to submit a grant application to Miami-Dade County Homeless
Trust, for funding, in the approximate amount of $65,212 for the City's Supportive
Housing Grant Program.
The United States Department of Housing and Urban Development (US H U D) has issued a
Notice of Funding Availability (NOFA) for its continuum of Care Program Competition which
is the primary Federal funding source for homeless assistance programs. AU current US
HUD funded projects with program funding expiring in calendar year 2013 must request
renewal funding through this competitive process. The Miami-Dade County Homeless Trust
(Trust serves as the Applicant for US HUD NOFA funds on behalf of the Miami-Dade County
Continuum of Care system (MDCoC). The MDCoC encompasses all of Miami-Dade County,
including all municipalities. All local entitlement jurisdictions are part of the MDCoC, the
"Collaborative Application" will contain he projects submitted by Project Applicants
(subrecipients) that are selected through the Request for Applications.
The City has received these funds since 2003 to support the salaries of Homeless Outreach
staff. The NOF A was released by the Homeless Trust with insufficient time for this item to
be placed on the December Commission agenda. As such, in order not to lose this grant
opportunity, the City has applied for continuation of funding, in the amount of $65,212,
through this collaborative application and requests retroactive approval.
197
Commission Memorandum
Page3
CONCLUSION
The Administration requests approval to authorize the City Manager or her designee
retroactively to submit grant applications to: 1) National Endowment for the Arts FY 2013
Our Town Program, for funding in the amount of $25,000 for the initial planning analysis for
artist Hve/work space on Miami Beach; 2) Miami-Dade Metropolitan Planning Organization
(MPO ), Call For fdeas Program for funding in the approximate amount of $250,000 for a pre-
feasibility study related to Mass Transit Connectivity; and 3) Retroactive approval to submit
to Miami-Dade County Homeless Trust for funding for Homeless Outreach services ln the
amount of $65,212 for the City's Homeless Outreach Program, appropriating the above
grants, if approved and accepted by the City, and authorizing the execution of all documents
related to these applications.
KGB/JMH
T:\AGENDA\2012\1·16-2013\Grants Memo.doc
198
RESOLUTION TO BE SUBMITTED
199
THIS PAGE INTENTIONALLY LEFT BLANK
200
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida, Authorizing The Mayor And City
Clerk To Execute Amendment No. 4 To The Professional Services Agreement With Atkins North America, For
Supplemental Construction Administrative Services, For A Period Of Up To Twelve (12) Months, For The South Point
Park Pier Project; In The Negotiated Lump Sum Amount Of $266,472 And An Additional Amount of $34,380 For
Reimbursable Expenses, For A Total Amount Of $300,852 With Previously Appropriated Funding In The Amount
$300,852 From Fund 389 South Pointe Capital Fund.
Key Intended Outcome Supported:
Ensure Value and Timely Delivery of Quality Capital Projects, Ensure Well Maintained Facilities, Ensure Safety
and A_Qpearance of Building Structures and Sites. ----~
Supporting Data (Surveys, Environmental Scan, etc.}: The 2012 Customer Satisfaction Survey indicated
that over 87% and 83% of City residents and businesses respectively, rated the appearance and
maintenance of pubfic buildings as excellent or good; and over 81% of residents rated recently completed
capital improvementprolects as excellent orgood.
Issue:
I Shall the Mayor and City Commission approve the issuance of the Resolution?
Item Summary/Recommendation:
On April13, 2011, the City Commission pursuant to Request for Qualifications (RFQ) No. 04~ 10/11, adopted
Resolution No. 2011~27628, approving and authorizing the Mayor and City Clerk to execute a Professional
Services Agreement with Atkins North America, Inc. (Atkins) for Professional Services for the South Pointe
Pier Project. The Agreement provided for the design, bid, award and construction administration services.
Pursuant to RFQ No. 04~ 1 0/11, any additional services required during the performance of the work would be
requested by the City and negotiated in accordance with the Contract Documents. To that effect, the
additional services will be added to the Atkins Professional Services Agreement as requested by the City.
As supplemental construction services to Task 4-Construction Administration Services in the Professional
Services Agreement, Atkins shall perform the duties and responsibilities of an on~site representative to
monitor the construction and environmental permitting requirements for a period of twelve {12) months.
Atkins will provide review of the Construction Manager at Risks progress in ful! coordination with the City and
environmental agencies. In addition, this amendment will include the services of Geotechnical Consultant
{authorized sub-consultant) to perform Pile Dynamic Analyzer (PDA) tests as specified by the Contract
Documents.
The Administration has determined that the supplemental construction administration services are warranted
due to sensitive marine environment and extensive environmental permit monitoring requirements during the
project's construction phase. The additional services will be added to the Atkins Professional Services
Agreement as requested by the City (Exhibit A).
The negotiated price submitted by Atkins North America for the above services has been reviewed by City
staff and found to be fair and reasonable.
The Administration recommends approval of the resolution.
Advisory Board Recommendation:
Financial--·--r-] __ Amou~-+~--~·~-------A_c_c_o~u.n_t ___ ·-----
~for~~ti<r: 111 $3oo.s52 l_3_s9_-_2_5_77~_-_o_6_13_5_7_~----------~--
l 2 I
~-----------------· ----------~---------4
\ Total $300,852 J------~----------~--------1
Financial Impact Summary:
L...-.----~~-----------~-----------~--------~-
fity Clerk's qffice Legislative Tracking:
1 Mattie Reyes, Ext. 6884
t
Si n-Offs:
'rector Interim City Manager
--------+-·
Assistant City Manager I
Chief Financial Officer ~-----~----------~~~r-·----~~ JGG PDW ____ KGB FV...._,,c;-_
i
MIAMI BEACH 201
AGENDA ITEM ...,..._.,t1_?7-:7-"'8""----
DATE /-{{r/3
(9 MIAMI BEACH
City of Miami Beach, 1700 Convenlion Center Drive, Miami Beach, florida 33139, www.miomibeachll.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager §i0 ;(-.
/
DATE: January 16, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AMENDMENT NUMBER 4 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH
AMERICA, INC. FOR SUPPLEMENTAL CONSTRUCTION
ADMINISTRATION SERVICES, FOR A PERIOD OF UP TO TWELVE (12}
MONTHS, FOR THE SOUTH POINTE PARK PIER PROJECT; IN THE
NEGOTIATED LUMP SUM AMOUNT OF $266,472 AND AN ADDITIONAL
AMOUNT OF $34,380 FOR REIMBURSABLE EXPENSES, FOR A TOTAL
AMOUNT OF $300,852; WITH PREVIOUSLY APPROPRIATED FUNDING IN
THE AMOUNT OF $300,852 FROM FUND 389, SOUTH POINTE CAPITAL
FUND.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Ensure Value and Timely Delivery of Quality Capital Projects, Ensure Well Maintained Facilities,
Ensure Safety and Appearance of Building Structures and Sites.
FUNDING
Funding in the amount of $300,852 has been previously appropriated from Fund 389, South
Pointe Capital Fund.
ANALYSIS
On April 13, 2011, the City Commission pursuant to Request for Qualifications (RFQ) No. 04-
10/11, adopted Resolution No. 2011-27628, approving and authorizing the Mayor and City Clerk
to execute a Professional Services Agreement with Atkins North America, Inc. (Atkins) for
Professional Services for the South Pointe Pier Project. The Agreement provided for the
design, bid, award and construction administration services.
The Administration has determined that additional services are warranted due to the sensitive
marine environment and extensive environmental permit monitoring requirements during the
construction phase. Some of the regulatory agencies that have issued permits to be monitored
include the US Army Corps of Engineers, the US Coast Guard, the Florida Department of
Environmental Protection, the Florida Fish and Wildlife Conservation Commission, the South
Florida Water Management District, and several Miami-Dade County agencies. Other pertinent
ordinances/codes to be adhered to include the Marine Turtle Lighting Ordinance and the
Coastal Construction Line Program.
As one of the world's leading engineering and design consultancies, Atkins provides expertise in
a diverse range of specialized areas including construction management and administration
202
Commission Memorandum -Atkins North America
Amendment 4 for South Pointe Park Pier Project
January 16, 2013
Page 2of2
services, project controls, etc. Atkins has been successful in providing the required support to
the City in securing the required myriad of permits and in capturing the extensive code
requirements in the Construction Documents. It would be a benefit to the City to retain Atkins
for the additional required services due to their familiarity and in-depth knowledge of the design,
permitting requirements, and sensitive nature of the project.
Pursuant to RFQ No. 04-10/11, any additional services required during the performance of the
work would be requested by the City and negotiated in accordance with the Contract
Documents. To that effect, the additional services will be added to the Atkins Professional
Services Agreement as requested by the City (Exhibit A).
As supplemental construction services to Task 4 ~ Construction Administration Services in the
Professional Services Agreement, Atkins shall perform the duties and responsibilities of an on-
site representative to monitor the construction and environmental permitting requirements for a
period of twelve {12) months. Atkins will provide review of the Construction Manager at Risk's
progress in full coordination with the City and environmental agencies.
In addition, this amendment will include the services of Geotechnical Consultant (authorized
sub-consultant) to perform Pile Dynamic Analyzer (PDA) tests as specified by the Contract
Documents.
The negotiated price submitted by Atkins North America for the above services has been
reviewed by City staff and found to be fair and reasonable.
CONCLUSION:
The Administration recommends that a Resolution of the Mayor and City Commission of the City
of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment Number 4
to the professional services agreement with Atkins North America, Inc. for supplemental
construction administration Services, for a period of up to twelve ( 12) months, for the South
Pointe Park Pier Project; in the negotiated lump sum amount of $266,472, and an additional
amount of $34,380 for reimbursable expenses, for a total amount of $300,852; with previously
appropriated funding in the amount of $300,852 from Fund 389, South Pointe Capital Fund.
KB\JGG\FV\~
ATTACHMENTS:
Exhibit A-Atkins Amendment No.4
203
EXHIBIT A
AMENDMENT NO. 4
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE ClTY OF MIAMI BEACH, FLORIDA
AND
ATKINS NORTH AMERICA, INC.,
DATED MAY 9, 2011
FOR SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES IN THE NOT-TO-
EXCEED AMOUNT OF $300,852 FOR THE SOUTH POINTE PARK PIER PROJECT
This Amendment to the Agreement made and entered this __ day of , 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 Atkins North America, Inc., a Florida Corporation having its
principal office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida, 33607 (hereinafter
referred to as CONSULT ANT).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 04~10/11, the Mayor and City
Commission adopted Resolution No. 2011-27628 on April 13, 2011, approving and authorizing the
Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc.,
(CONSULTANT) for Professional Services for the South Pointe Park Pier Project (PROJECT); and
WHEREAS, the Agreement provides for the design, bid, award and construction
administration services for the South Pointe Park Pier Project in the not-to--exceed amount of
$369,000; and
WHEREAS, on February 2012, Amendment No. 1 to the Agreement was executed approving
additional services required pursuant to the USACOE permit RAI process related to a new coral
recipient site in Government Cut, in the not-to~exceed amount of $12,950; and
WHEREAS, Amendment No.2 to the Agreement was executed approving additional bidding
and award services required under a Construction Management at Risk method of procurement in
the not-to-exceed amount of $11 ,974; and
WHEREAS, Amendment No. 3 to the Agreement was executed approving additional
coordination in the FOEP-CCCL permit RAI process in the not-to-exceed amountof$15, 120; and
WHEREAS, this Amendment No.4 to the Agreement in the amount of $300,852 will provide
supplemental construction administration services for an on-site representative to monitor the
construction and environmental permitting requirements for a period of twelve (12) months and will
also include geotechnical services to perform Pile Dynamic Analyzer (PDA) tests as specified in the
contract documents for the South Pointe Park Pier Project.
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:
i. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this Amendment No.
4.
204
2. MODIFICATIONS
The Agreement is amended to include "Schedule A-4", which is attached and incorporated
herein.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The CITY and CONSULT ANT ratify the terms of the Agreement. as amended by this
Amendment No. 4.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
City Clerk,
Rafael Granado
ATTEST:
TITLE:
Print Name
CITY OF MIAMI BEACH
By___ ·--------------
Interim City Manager,
Kathie G. Brooks
CONSULTANT:
ATKINS NORTH AMERICA, INC.,
By ____________________ __
TITLE:
Print Name
F ,\C/\PI\$uil\Projdct Flics\~:.outh Poir:te Pn(K Pier\O.G C·:)niracs. i~F::> s. f~_L:'s. FZ~<Ys\0 2 C.JJ1iract\J\."l\INS\/.t,rnenr!nit~H1tS\i\nv:mornent3 ·1\TI\It-~S
Souu·, F\;in!e Pier do\:
205
SCHEDULE A-4
TO THE PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC.
FOR THE SOUTH POINTE PARK PIER PROJECT
SCHEDULE A
SCOPE OF SERVICES
Task 4-Supplemental Construction Administration Services for the South Pointe Park Pier
Project:
As supplemental services to the TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES,
Atkins North America, Inc. {CONSULT ANT) shall perform related on-site construction
representative duties and responsibilities as outlined herein:
• Provide the services of an on-site, full time construction representative acting as a Special
Inspector, to provide oversight of the Construction Manager at Risk's (CONTRACTOR's)
project progress and quality control programs as well as, to facilitate coordination between
the design team, the CONTRACTOR, the CITY and applicable regulatory agencies. The
CONSULT ANT will perform project documentation work off-site, in a construction field
office provided by the CONTRACTOR. the CITY and/or at the home office of the
CONSULTANT.
The construction representative services will be invoiced on a lump sum fee basis inclusive
of all labor and expenses. Compensation to the CONSULTANT shaH be based on twelve
(12} equal payments for construction representative services rendered on monthly basis,
for a period of twelve ( 12) months, in concert with the approved construction baseline
schedule.
• Perform underwater SCUBA dive inspections of the completed pile installation work in
compliance with the duties of a Special inspector and as authorized by the CITY. A total of
three (3) SCUBA dive inspections are programmed throughout the project
The labor for the authorized underwater SCUBA dive inspections and reporting services will
be invoiced based on actual time expended by the CONSULTANT dive team, times the
applicable hourly billing rates per job classification as stipulated in Schedule C -Hourly
Billing Rate Schedule. Certified CONSULTANT time sheets shall be submitted with each
invoice.
The equipment costs for the authorized underwater SCUBA dive inspections and reporting
services will be invoiced as reimbursable expenses. Copies of invoices for equipment
rentals (i.e: dive boat, SCUBA gear, travel, etc.) will be submitted with each invoice.
• Provide the services of a specialty Geotechnical Engineering firm (authorized
subconsultant) to perform up to three (3) Pile Dynamic Analyzer (PDA) tests in concert with
the development of pile installation procedures, as specified by the Contract Documents
and as authorized by the City. Construction material sampling and testing as required by
SOUTH POINTE PARK PIER PROJECT
AMENDMENT No.4-12/21/2012
206
Page 1 of7
the Contract Documents shall be undertaken by an independent testing laboratory engaged
by the CITY under a separate agreement.
The PDA testing services will be undertaken in accordance with the approved service
agreement inclusive of an approved scope of services and fees. The CONSULT ANT shall
invoice these services as a Reimbursable Expense.
• Provide the services of a specialty Geotechnical Engineering firm (authorized
subconsultant) during pile driving activities to address any unforeseen conditions requiring
site specific geotechnical expertise and consultation related to the installation of the new
pier pilings.
The services will be undertaken with the approval of the CITY in accordance with the
approved service agreement inclusive of an approved scope of services and fees. The
CONSULT ANT shall invoice these services as a Reimbursable Expense.
7.1 General Coordination: The CONSULTANT will communicate periodically with the CITY and
CITY's inspector related to progress on the project and any issues that are being addressed.
The CONSULTANT will report on concerns as it relates to the construction effort and
activities. In addition, the CONSULTANT shall also coordinate with the contractor's Public
Information Officer where notifications such as utility outages. road closures, etc. may be
required. The CONSULTANT will monitor and verify that the CONTRACTOR has made the
required notifications to the utility owners, residents and businesses as may be required.
7.2 Full-Time Field Representative and Construction Engineering Inspections: The
CONSULTANT shall conduct field inspections throughout the construction phase of the
project.
The field representative services are predicated on twelve ( 12) months project duration
(January 2012 to January 2013). The field representative shall be present at the construction
site daily during the construction phase of the project and will be expected to be available, as
needed, throughout the CONTRACTOR's 8~hour work day, 40-hour work week, excluding
weekends and CITY holidays. The CONSULT ANT may perform project documentation work
off~site, in a construction field office provided by the CONTRACTOR, the CITY or at the home
office of the CONSULTANT.
The CONSULT ANT shall provide inspection services during pile driving activities to record
and document the installation of the each piling in conformance with the duties of a Special
Inspector.
The CONSULTANT shall also perform underwater SCUBA dive inspections of the completed
pile work in compliance with the duties of a Special Inspector and as authorized by the CITY.
7.2.1 Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to
the jobsite, the CONSULTANT will check the materials certifications and samples and
verify that an approved shop drawing was submitted for the material in question. If it is
determined that a submittal as not been approved, the CONSULTANT shall immediately
notify the CITY and issue a Non-Compliance Notice. The CONSULT ANT will direct and
supervise the sampling and testing of materials to be performed by the CITY's
independent testing laboratory. The CONSULTANT shall maintain test report logs which
SOUTH POINTE PARK PIER PROJECT
AMENDMENT No.4-12/21/2012
207
Page 2 of7
shall be submitted to the CITY for review on a monthly basis and uploaded to the CITY's
E~Builder document management system on a weekly basis. CONSULT ANT shall also
review invoices submitted by the independent testing laboratories and recommend
payment by the CITY.
7.2.2 Issuance of Non-compliance Notices: The CONSULTANT will be responsible for
notifying the CITY when they become aware of a condition that is believed to be in non-
compliance with Construction Documents. Anytime the CONSULTANT notices a potential
construction problem or a condition that could result in non-complying materials,
equipment or workmanship, the CONSULT ANT will need to determine whether the
condition poses an immediate threat to public health or safety. If a condition does not pose
a threat to public health or safety, immediate verbal notification or "Pre-Noncompliance
Notice" of the potential non-compliance should be made to the CONTRACTOR and the
CITY. This verbal notice shall be documented in the CONSULTANT's daily report and
shall advise the CONTRACTOR of potential construction problems, errors, or deficiencies
that can be promptly resolved and do not warrant a Non-compliance Notice. If the
CONTRACTOR fails to respond to the verbal notification within a reasonable timeframe,
the CONSULTANT will notify the CITY and the CITY's Projects Coordinator will issue a
Non-compliance Notice. If a condition poses an immediate threat to public health or safety,
the CONSULTANT will notify the CONTRACTOR and CITY immediately and the CITY's
Projects Coordinator will issue a Non-compliance Notice to the Contractor. Non-
compliance Notices will include a description of the Work that does not meet the
construction contract requirements, along with a required timetable for corrective work to
be implemented by the Contractor. Other items that should be included in the Notice
include a reference to the provision of the Construction Documents that has been violated.
7.2.3 Damage to Existing Facilities: The CONSULTANT will identify any existing
facilities damaged by the CONTRACTOR and verify that the CONTRACTOR has notified
the respective owner(s)". Include record of such occurrences in the daily reports.
7 .2.4 Schedule: CONSULTANT will review the construction schedule, monitor the
progress of construction, and ensure that Contractor's adherence to the schedule. The
CONTRACTOR will be required to submit a detailed schedule to the CONSULTANT at the
prewconstruction meeting. This schedule will be reviewed and approved by the
CONSULTANT and the CITY. This schedule will be updated on a by weekly basis by the
Contractor; however, the CONSULT ANT will be responsible for reviewing the Contractor's
schedule to confirm accuracy of the work activities completed. Analysis of the
CONTRACTOR schedule will be on the basis of planned versus actual costs for the month
and construction contract to date. CONSULTANT shall verify that the CONTRACTOR is
uploading approved schedule and schedule updates to the CITY's E-Builder document
management system.
7.3 Daily Reports: The CONSULT ANT will prepare daily reports, on the same date as
construction occurs, to record the daily performance of the CONTRACTOR as well as other
significant construction related matters. Daily Reports shall be uploaded to the CITY's E-
Buitder document management system by the CONSULT ANT. The daily reports shall include
records of when the CONTRACTOR is on the job-site, general field observations, weather
conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing
activities, testing results, testing observations, and records of the outcome of tests and
inspections. At a minimum the daily reports will contain the following information:
SOUTH POINTE PARK PIER PROJECT
AMENDMENT No.4-12/21/2012
208
Page 3 of 7
• Weather and general site conditions
• Contractor's work force counts by category and hours worked
• Description of work performed including location
• Equipment Utilized
• Name of visitors to the jobsite and reason for the visit
• Tests made and results
• Construction difficulties encountered and remedial measures taken
• Significant delays encountered and apparent reasons why
• Description of (potential} disputes between the CONTRACTOR and CITY
• Description of (potential) disputes between the CONTRACTOR and residents
• Summary of additional directions that may have been given to the Contractor
• Detailed records of materials, equipment and labor used in connection with extra work, or
where there is reason to suspect that a claim or request for Change Order may be
submitted by the Contractor
• Summary of any substantive discussions held with the CONTRACTOR and/or CITY
• Summary of nonconforming work referenced to corresponding Non-Compliance Notice
• A log of photographs taken
• Photographic Record: CONSULTANT shall provide a photographic record of the overall
progress of construction, beginning with preconstruction documentation, following with on-
going construction documentation, and ending with post-construction documentation.
Photographs shall be digital snapshot type take to define the progress of the project and
shall be filed electronically by month in the CITY's E-Builder document management
system, labeled by date, time and location. The CONSULTANT will upload aU photos to the
E-Builder document management system on a weekly basis.
7.4 Pay Requisitions: CONSULTANT shall verify Contractor's pay requisition and sign-off on all
pay requisition quantities in the field. CONSULT ANT shall be responsible for reviewing with
the CONTRACTOR the monthly payment requisition to confirm the status of completed and
uncompleted work and stored materials. The CONSULTANT shall advise the CITY of
quantities being approved for subsequent concurrence for payment purposes. Payment
requisitions shall be certified by the CONSULTANT. CONSULTANT will prepare a Final
Certificate for Payment.
7.5 Record Drawings: CONSULTANT will monitor that record drawing mark-ups are properly
maintained by the Contractor. At a minimum, the CONSULTANT will review the record
drawing mark-ups every month, or more often, as deemed necessary. Contractor's failure to
maintain the record drawings in up-to-date condition may be deemed grounds for withholding
Contractor's monthly payment requisitions until such time as the record drawings are brought
up-to-date. The CONSULT ANT will notify the CITY if it considers the mark-up documents
insufficient. The CITY will make final determination of payment withholding.
7.6 Safety: CONSULTANTs will be expected to recognize a hazard that any reasonable non-
safety professional might be expected to recognize. In additfon, those safety obligations
extend only to recognizable hazards that the CONSULT ANT may note while in the normal
conduct of onsite business. If a situation presents itself, the following procedures should be
followed:
• Immediately direct personnel to remove themselves from the apparent danger,
SOUTH POiNTE PARK PIER PROJECT
AMENDMENT No.4-12/21/2012
209
Page 4 of7
• Notify the CONTRACTOR's superintendent of the apparent condition that caused the
concern and that the affected personnel were directed to remove themselves accordingly,
• Notify the CONTRACTOR of the situation that arises concern, both in writing and verbally,
• Issue a written Notice of Noncompliance stating that the CONTRACTOR should take
immediate action as it deems necessary to correct the deficiency/conditlon,
• Write a full report in the Daily Report on the condition found to be unsafe, all actions taken,
and correspondence written, including times and names,
• Take photographs of the concern,
• If the CONTRACTOR does not make corrections, the CONSULT ANT should notify the
CITY,
• The CONSULTANT will review the situation with the CITY for further direction,
• The condition, as well as all conversations and correspondence, will be recorded in the
CONSULTANT's Daily Report,
• In case of a construction-related accident, CONSULT ANT will notify the CITY of the
accident. CONSUT ANT will direct the CONTRACTOR to prepare an accident report with a
copy forwarded to the CITY.
7.7 Quality Control: The CONSULTANT will review and monitor the Contractor's adherence to
an acceptable quality control program submitted by the CONTRACTOR prior to the issuance
of the second Notice-to-Proceed by the CITY. This program will describe the Contactor's
quality control, organizational procedures, documentation controls and processes for each
phase of the work. Quality control during construction wtU be the responsibility of the
Contractor; however, oversight and ensuring the CONTRACTOR complies with applicable
jurisdictional construction standards will be enforced on the CITY's behalf by the
CONSULTANT.
7.8 CONSTRUCTION MANAGER Request for Services: When the CONTRACTOR requires
services from the CITY for issues such as water service shutdowns, tie-ins to existing water
mains, electrical service interruptions and/or any special regulatory inspections. etc., a request
shall be made in writing by the CONTRACTOR, and forwarded by the CONSULT ANT to the
CITY, a minimum of three {3) working days prior to when required.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements whether oral or written. It is further agreed that no
modification, amendment or alteration in the terms or conditions contained herein shall be effective
unless memorialized in written document approval and executed with the same formality and of
equal dignity herewith.
SOUTH POINTE PARK PIER PROJECT
AMENDMENT No.4-12/21/2012
210
Page 5 of 7
SCHEDULE B
CONSULTANT COMPENSATION
Task Descriution Payment Method
• On~ site full time construction representation Lump Sum
• Underwater SCUBA dive inspections Unit Cost
• Reimbursable Expenses:
o PDA pile testing and report
o Geotechnical consulting services
o Underwater inspection equipment rentals
Subcontract
Subcontract
Receipts
Receipts o Other reimbursable expenses
Grand Total Limiting Fee
Notes:
Limiting Fee
$266,472
$12,360
$10,500
$7,140
$2,880
$1,500
$300,652
1. The on~site full time construction representation services shaH be invoiced in twelve (12)
· equal amounts of $22,206, for a duration of twelve ( 12) consecutive months. In the event
that construction representative services are required to be extended, which extension shall
be subject to CITY approval, the CONSULTANT shall be entitled to additional
compensation, to be negotiated.
2. The labor for the authorized underwater SCUBA dive inspections and reporting services will
be invoiced based on actual time expended by the CONSULTANT dive team, times the
applicable hourly billing rates per job classification as stipulated in Schedule C -Hourly
Billing Rate Schedule. Certified CONSULTANT time sheets shall be submitted with each
invoice.
3. PDA pile testing and geotechnical services will be undertaken with the approval of the CITY
in accordance with the approved service agreement inclusive of an approved scope of
services and fees. The CONSULTANT shall invoice these services as a Reimbursable
Expenses.
4. The Reimbursable Expenses must be approved in writing, in advance, by the CITY's
Project Coordinator. Any unused portions will not be paid to the CONSULTANT.
SOUTH POINTE PARK PIER PROJECT
AMENDMENT No.4-12/21/2012
211
Page 6 of 7
SCHEDULE C
HOURLY BILLING RATE SCHEDULE
Supplemental Construction Administration Services
Classification
Project Manager
Construction Engineer (Inspector)
Engineer El (Project Controls)
Sr. Engineer Ill (Lead Structural Diver)
Sr. Engineer II (Structural Diver)
Construction Engineer (Safety Diver/Boat Tender)
Note:
Hourly Billing Rate
$198.00 per hour
$1 00.00 per hour
$91.00 per hour
$180.00 per hour
$135.00 per hour
$100.00 per hour
Rates are per the Agreement between City of Miami Beach and Atkins North America, Inc for
Professional Architecture and Engineering Services for the South Pointe Park Pier Project,
Resolution No. 2011-27628.
SOUTH POINTE PARK PlER PROJECT
AMENDMENT No. 4-12/21/2012
212
Page 7 of7
213
KADERABEK COMPANY ·=·--=---=--··=·-=-===============:.._:· ~Goo::_:!~ctuli<:al Engineering • Found~tlon Englne~ri'l9 • Coowuc!ion Materials 11>~!~--· Soil ~~-gst_Mo_ol~ We~
December 20, 2012
Mr. William Pitcher, P.E.
ATKINS
3230 West Commercial Blvd., Ste 100
Fort Lauderdale, Florida 33309
Re: Proposal for CEI Services
South Pointe Park Pier
Miami Beach, Florida
KACO ProjecUProposal No. 12-334
Dear Mr. Pitcher:
9565 NW 40th Street Rd.
Miami, Horida 3317S
Phone: 305/666-3563
Fax: 305/666-3069
Kaderabek Company (KACO) is pleased to submit this proposal as a result of your
recent request for proposal. This Proposal describes our understanding of the project, lists a
purpose for our work, suggests a scope of work and presents our compensation.
PROJECT INFORMATION
Construction of the new South Pointe Park Pier is will involve razing of the existing
structure and construction of a new pier. The pier will be constructed on driven precast
concrete piles.
PURPOSE
The purpose of our services on this project will be to provide testing services related
to the pier construction.
PROPOSED SCOPE OF SERVICES
Based on the information provided, we will provide piles testing services
• Conduct three (3) PDA pile tests as per the technical specifications and develop the
pile installation criteria and production pile lengths.
o Provide QA inspector for pile driving activities during a period of 4.5 months of pile
driving-64 new piles )
• Provide on-call Sr. Geotechnical Engineer support during pile driving to address
unforeseen conditions/consultations.
• Provide materials testing for cast-in-place concrete pours and soil density for utility
trenches and pavement subgrade.
214
Mr. William Pitcher, P.E.
ATKINS
COMPENSATION
December 20, 2012
Page2
We can complete the requested scope of services proposed herein on a unit price
time and materials basis. We estimate a budget as follows:
PDA Testing
Pile QA Inspector
Sr Geotech Engineer
$3,500 each x 3
$60 hr x 5 hr/pile 3 piles
$130 hr x 48 hrs
$10,500
$900
$6,240
We recommend a budget of $18,000. We will submit an invoice for the actual work
that has been completed; we request that this invoice be paid at the time the engineering
Report is submitted.
CLOSURE
We look forward to the opportunity to work on this project. If you have questions
about information contained in this Proposal, please contact the writer at 305/666-3563.
Sincerely,
Distribution: Copy via Email (Christian.ossa@atklnsgtobal.com)
Copy to KACO File
F:\DOC\KACO Prqx>sai~\12-334-Swthl'<>illl<> Paffi-Cf:I·Aik!ns<J7-31-i2.<Joo
215
KAOERABEK COMPANY
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AMENDMENT NUMBER 4 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH
AMERICA, INC. FOR SUPPLEMENTAL CONSTRUCTION
ADMINISTRATION SERVICES, FOR A PERIOD OF UP TO TWELVE {12)
MONTHS, FOR THE SOUTH POINTE PARK PIER PROJECT; IN THE
NEGOTIATED LUMP SUM AMOUNT OF $266,472 AND AN ADDITIONAL
AMOUNT OF $34,380 FOR REIMBURSABLE EXPENSES, FOR A TOTAL
AMOUNT OF $300,852; WITH PREVIOUSLY APPROPRIATED FUNDING IN
THE AMOUNT OF $300,852 FROM FUND 389, SOUTH POINTE CAPITAL
FUND.
WHEREAS, pursuant to Request for Qualifications {RFQ) No. 04-10/11, the Mayor
and City Commission adopted Resolution No. 2011-27628 on April 13, 2011, approving and
authorizing the Mayor and City Clerk to execute a Professional Services Agreement with
Atkins North America, Inc. for Professional Services for the South Pointe Park Pier Project;
and
WHEREAS, the Agreement provides for the design, bid, award and construction
administration services for the South Pointe Pier Project in the not-to-exceed amount of
$369,000; and
WHEREAS, Amendment No. 1 to the Agreement was executed approving additional
services required pursuant to the USACOE permit RAI process related to a new coral
recipient site in Government Cut, in the not-to-exceed amount of $12,950; and
WHEREAS, Amendment No. 2 to the Agreement was executed approving additional
bidding and award services required under a Construction Management at Risk method of
procurement in the not-to-exceed amount of $11 ,97 4; and
WHEREAS, Amendment No. 3 to the Agreement was executed approving additional
coordination in the FDEP -CCCL permit RAI process in the not-to-exceed amount of
$15,120; and
WHEREAS, the Administration has determined that additional services are warranted
due to the sensitive marine environment and extensive environmental permit monitoring
requirements during the construction phase; and
WHEREAS, pursuant to RFQ No. 04-10/11, any additional services required during
the performance of the work would be requested by the City and negotiated in accordance
with the Contract Documents; and
WHEREAS, Amendment No. 4 to the Agreement in the amount of $300,852 will
provide supplemental construction administration services for an on-site representative to
monitor the construction and environmental permitting requirements for a period of twelve
216
(12) months and will also include geotechnical services to perform Pile Dynamic Analyzer
(PDA) tests as specified by the Contract Documents for the South Pointe Park Pier.
NOW, THEREFORE, BE IT 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 authorize the Mayor and City Clerk
to execute Amendment 4 to the Professional Services Agreement with Atkins North America
for Supplemental Construction Administration Services, for the South Pointe Park Pier for a
total amount of $300,852; with previously appropriated funding in the amount of $300,852
from Fund 389, South Pointe Capital Fund.
PASSED AND ADOPTED THIS ___ DAY OF ____ ,2013.
ATTEST:
CITY CLERK MAYOR
217
THIS PAGE INTENTIONALLY LEFT BLANK
218
COMMISSION lTEM SUMMARY
Condensed Title:
A Resolution Authorizing By 5/7th Vote, The Waiver Of Competitive Bidding, Finding Such Waiver To
Be Jn The Best Interest Of The City, And Authorizing The Mayor And City Clerk To Execute An
Amendment To The Contract Between The City Of Miami Beach And Frederick M. Keroff, M.D., Dated
October 1, 2005, For Medical Director Of The City Of Miami Beach's Emergency Medical Services
(Ems), In The Annual Amount Of $47,207; Said Amendments Approving The Renewal Option Of The
Contract, And Further Amending Section 1 Thereof (Terms) To Allow Subsequent Renewal By The
City Manager.
Key Intended Outcome Supported:
Increase community satisfaction with City government.
~upporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
Florida Statute 401.265 and Rules of the Department of Health, Chapter 64J 1.004, Florida
Administrative Code, requires that all Fire Department emergency medical services have a licensed
Medical Director.
Dr. Fredrick M. Keroff has served as Medical Director since March 28, 2002, as authorized by
Resolution Numbers 2002-25038 and 2005-26030. Due to Dr. Keroffs familiarity with the Miami
Beach Fire Department's EMS System and medical protocols, and his service to the Department and
the City over the past ten (10) years, it is in the City's best interest to continue to contract with Dr.
Keroff for the continued provision of said services, at an annual salary of $47,207.
The purpose of this Resolution is to recommend the renewal optron of this contract, and to amend
Section 1 of such contract, to allow renewal for option years by the City Manager, at his/her sole
discretion.
In accordance with section 2-367 of the City Code, the City requests to waive the competitive bid
process with a 5/J'h commission vote.
APPROVE RESOLUTION.
Advisory Board Recomm:..:..:..e~n-=d-=at.=i.::..o;;..;n,:._: ~------~ r L-----------------------------------~------~~------------~----
Financial Information: r~~~~~~~,~~-~--~~------~~~----~~~--~~--------------Source of Amount Account
Funds: f---.,..,.1:-:--+--=-$4-,.7,.-,2.-.-07. 00 011-1220-000312 Profe_s_sc-io-n-,ai-,S-=-e-r-,vi-ce-s----1
i!Jl ~~-+--------·------~~------------~··-------------~-~ 2
I . 3 '
OBPI I Totall $47,207.00
1 • ---------~
Financial Impact Summary:
City Clerkts Office Legislative T~ack._in_,g""':'-----
i Alex Denis. ext. 7490.
Si n~Offs:
JO
T:\AGENDA\2013\January 16\Medica!director-Renewai-Summary.Docx
MIAMI BEACH 219
AGENDA ITEM
DATE
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, F!orido 33139, www.miamibeochfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members o.f ~~e ""Cit~/~om,ssion
Kathie G. Brooks, Interim City Manager /;zfc/ t/ l-....-!
t~ '
January 16, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING BY 5/7TH VOTE, THE
WAIVER OF COMPETITIVE BIDDING, FINDING SUCH WAIVER TO BE IN
THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF MIAMI BEACH AND FREDERICK M. KEROFF,
M.D., DATED OCTOBER 1, 2005, FOR MEDICAL DIRECTOR OF THE CITY
OF MIAMI BEACH'S EMERGENCY MEDICAL SERVICES (EMS), IN THE
ANNUAL AMOUNT OF $47,207; SAID AMENDMENTS APPROVING THE
RENEWAL OPTION OF THE CONTRACT, AND FURTHER AMENDING
SECTION 1 THEREOF {TERMS) TO ALLOW SUBSEQUENT RENEWAL BY
THE CITY MANAGER.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENTED OUTCOME
Increase community satisfaction with City government.
AMOUNT AND FUNDING
Account Code: 011~1220-000312-$47,207-Professional Services.
BACKGROUND
Florida Statute 401.265 and Rules of the Department of Health, Chapter 64J 1.004,
Florida Administrative Code, requires that all Fire Department emergency medical
services have a licensed Medical Director.
Dr. Fredrick M. Keroff has served as Medical Director since March 28, 2002, as
authorized by Resolution Numbers 2002-25038 and 2005-26030. Due to Dr. Keroff's
familiarity with the Miami Beach Fire Department's EMS System and medical protocols,
and his service to the Department and the City over the past ten { 1 0) years, it is in the
City's best interest to continue to contract with Dr. Keroff for the continued provision of
said services, at an annual salary of $47,207.
220
January 16, 2013
Commission Memorandum
Medica! Director Contract Renewal
Page 2 of2
The purpose of this Resolution is to recommend the renewal option of this contract, and
to amend Section 1 of such contract, to allow renewal for option years by the City
Manager, at his/her sole discretion. In accordance with section 2-367 of the City Code ,
the City requests to waive the competitive bid process with a 5/7th commission vote.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the
attached resolution, and authorize the Mayor and City Clerk to execute an amendment
to the contracts between the City and Frederick M. Keroff, M.D., dated October 1, 2005,
for Medical Director of the City's Emergency Medical Services (EMS) provided by the
City's Fire Department, in the total estimated annual amount of $47,207; said
Amendment approving the renewal option of the contract, and further amending Section
1 thereof (Terms) of such contracts to allow subsequent renewals by the City Manager.
T:\AGENDA\2013\January 16\Medica!Director-Memo.docx
T:\AGENDA\2013\01-16-13\MedicaiDrrectorContractRenewal Memo.doc
221
RESOLUTION TO BE SUBMITTED
222
ttl .....
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution accepting the recommendation of the City Manager pertaining to the ranking of proposals,
pursuant to Request for Proposal (RFP) No. 62-11/12, to install and maintain an externally web hosted
software for Parks and Recreation; Authorizing the Administration to enter into negotiations with the Second-
Ranked Proposers: Capturepoint.Com; And Should The Administration Not Be Successful In Negotiating An
Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Top-Ranked Proposer,
The Active Network; And Should The Administration Not Be Successful In Negotiating An Agreement With
The Top-Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, Vermont Systems,
Inc.; Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of
Successful Negotiations By The Administration.
Key Intended Outcome Supported:
Increase Satisfaction with Family Recreational Activities
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Surveys indicates
75% of residents and 68% of businesses rated Miami Beach city government as excellent or good in meeting
their needs and expectations. It is expected that these percentages may Increase with the addition of this
software for Recreation.
Issue:
I Shall the Mayor and CitY Commission Adopt The Resolution?
Item Summary/Recommendation:
The City of Miami Beach (the City) solicited responses from qualified software firms to provide an externally
hosted software package for the Parks & Recreation Department in the City of Miami Beach. The software is
intended to replace the Department's current software, which has slowly become outdated since its
installation in 2005.
On July 18, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP)
No. 62-11/12, which was subsequently issued on August 15, 2012, with an opening date of September 13,
2012. A pre-proposal conference to provide information to the proposers submitting a response was held on
August 28, 2012. BidNet issued bid notices to 91 prospective proposers, and eight (8) downloaded the
solicitation. 15 additional proposers were notified via e-mail, which resulted in the receipt of the following five
(5) responsive proposals: Stadiumroar.com; The Active Network; Capturepointcom; Vermont System, Inc;
and US E Direct
On September 26, 2012, the City Manager via Letter to Commission (l TC) No. 245-2012, appointed an
Evaluation Committee (the "Committee"). The Committee convened on November 1, 2012 and
recommended entering into negotiations with the top-ranked proposers, The Active Network.
After considering the review and recommendation of City staff, the City Manager exercised her due diligence
and is recommending that the Mayor and the City Commission enter into negotiations with second-ranked
proposer, Capturepoint.com; and should the administration not be successful in negotiating an agreement
with the second-ranked proposer, authorizing negotiations with the top-ranked proposer, The Active
Network; and should the administration not be successful in negotiating an agreement with the top-ranked
proposer, authorizing negotiations with the third-ranked proposer, Vermont Systems, Inc.
ADOPT THE RESOLUTION
Advis~ Board Recor:!l-.cm.c...:...;:_ec:..:n-"d-'-a--"ti . ..:.o_n_: __ ~----------~---------~---~
Financial Information: ~~-~~~~~~~~.-~-----,-~~·---------~~·-------------------, .Source of 1 Amount Account
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Finan~_iallmpact .:::S,;;;.u:;;.cm:c:.:mc.:.:.::a~ryL:'--~--------~--------~-------.....
City Clerk's Office Legisla::..:..t::..:..iv"-e'--"-T.:..:ra"'-'c::..;ck.:.:.in::..:..g!OL....: ~----------------~~----. I Alex Denis, Extension 66_4_1 __ ~-
Si n-Offs:
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T:IAGENDA \2013\Janua~
... ,,~Jj
MIAMI BEACH AGENDA ITEM G1D
223 DATE Jd0-f ?>
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamlbeachfLgov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members. of the ~ty pmmission
Kathie G. Brooks, Interim C~y Manager~~
January 16, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 62-11/12, TO INSTALL AND MAINTAIN
AN EXTERNALLY WEB HOSTED SOFTWARE FOR PARKS AND RECREATION;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
THE SECOND-RANKED PROPOSERS: CAPTUREPOINT.COM; AND SHOULD
THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WITH THE SECOND-RANKED PROPOSER, AUTHORIZING
NEGOTIATIONS WITH THE TOPMRANKED PROPOSER, THE ACTIVE
NETWORK; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN
NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER,
AUTHORIZING NEGOTIATIONS WITH THE THIRD-RANKED
PROPOSER, VERMONT SYSTEMS, INC.; FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Increase Satisfaction with Family Recreational Activities
FUNDING
$29,550.00 is available in the following account No. 552-2724~000674
BACKGROUND
The City of Miami Beach (the City) solicited responses from qualified software firms to provide
an externally hosted software package for the Parks & Recreation Department in the City of
Miami Beach. The software is intended to replace the Department's current software, which
has slowly become outdated since its installation in 2005.
In addition to being able to merge data/history from the City's current software (Rec-Ware
Safari), while meeting the City Finance Department's requirements to provide direct deposits
into the City's bank account, and updating the City's EDEN Finance Accounting System in
order to generate analytical reports, this software is intended to simplify the registration
224
Commission Memorandum-RFP # 62-11-12 Parks and Recreation Software
January 16, 2013
Page 2
process by allowing residents the ability to not just register and pay on-line for Parks
programming, but to manage their own information. This functionality is not available with the
Parks Department's current software. The intent is to select new technology which will be
easier to use, more customer-friendly and interface directly with the City's current financial
system.
The Parks and Recreation Department had previously received approval from the City's IT
Governance Committee to proceed with selecting replacement software. The provider of the
current Parks software, The Active Network, developed a web-based upgrade that provides
most of the functionality that was being requested. Staff began negotiations with the vendor for
this upgrade, but after more than nine months of discussions, was ultimately unable to reach
agreement on certain terms. As such, it was necessary to identify other software providers that
may be able to meet the City's needs.
SCOPE OF SERVICES
The software must meet the Minimum Requirements and should address most, if not all, of the
following Parks and Recreation Department needs, both as set forth below. The proposals that
do not meet the Minimum Requirements would be deemed non-responsive and would not be
evaluated.
Minimum Requirements
1. The software must be Web based.
2. The software must interact and interface with City's EDEN Financial System to
process Revenue and miscellaneous other Reports.
3. The software must have online registration capability.
4. The software must have Point of Sale.
5. The software must have the ability to create internal and external reports.
6. Proposer must have successfully completed at least five (5) externally hosted
Parks & Recreation software packages. Please note that the five (5)
externally hosted software packages can reference parks and recreation
divisions for municipalities, counties, states, cities, school districts, special
agencies, universities, or any other organizational structure of any size,
demographic composition or registration volume.
Proposer must clearly state the five (5) externally hosted packages already
implemented equal to most, if not all the specifications stated in Section II,
including software merging of one (1) existing data/history within the past
four {4} years.
7. The software must meet the following IT and Finance Requirements:
a) Must be PCI Compliant (quarterly reports must be submitted)
b) Vendor Supported and Hosted Solution shall have Mobile Capability
c) The Application Administration Functions must be a log on to browser
base, NOT a direct log-on to the Production Server (merchant
account)
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Commission Memorandum-RFP # 62~11~12 Parks and Recreation Software
January 16, 2013
Page 3
d) All revenue collected from customers must be deposited into the City's
Bank account within no more than three (3) days of collection,
including internet based payments such as PayPaL
e) Database must be Microsoft SQL compatible
f) City of Miami Beach's data must be in a separate database
Parks and Recreation Department needs:
1. Capabilities for Online Registration with payment plan and scholarship options for the
customers.
2. Customer Registration with capabilities for refunds, transfers, billing, create waiting
lists, etc.
3. F acUity Reservations
4. Point of Sale Feature to include hardware such as receipt printers, inventory scanners,
etc.
5. Ability to create internal/external reports such as, but not limited to-Customer History,
Customer Profile, Marketing, Financial, Profit/Loss, Rosters, Sign-Outs, Daily Close-
Out, etc.
6. Membership Module.
7. The Hosted Support Software should be capable of transferring data/history from
current software (Rec-Ware Safari) converting all of the Parks & Recreation data with
the new software.
8. Vendor shaU be responsible for all Service to the Data Base Website Reporting.
9. All data must be owned by the City.
1 0. Proposer must provide On-site Training for implementation.
11. The City will reimburse the vendor for their participation fees (percentage) separately.
The successful proposer will be responsible for the following tasks during the Pre-planning and
project kick-off phases:
Term
1. Meet with staff committee members to review and refine the project methodology.
2. Review the City's current Recreation software for a new development process,
including fees charged by the Parks & Recreation Department.
3. Meet with staff from Department.
4. Review relevant prior studies conducted by the City, including existing cost
allocation studies and prior studies reconciling revenues and fees.
5. Review historical direct costs and revenues and process for Recreation Programs
and Registration.
The term of contract will be for three (3) years with the sole option and discretion of the City to
renew for two (2) additional one (1) year periods.
226
Commission Memorandum-RFP # 62-11-12 Parks and Recreation Software
January 16, 2013
Page4
RFP PROCESS
On July 18, 2012, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP} No. 62-11/12, to Install and Maintain an externally web hosted software for
the City of Miami Beach Parks and Recreation Department {RFP).
RFP No. 62-11/12 was issued on August 15, 2012, with an opening date of September 13,
2012. A pre-proposal conference to provide information to the proposers submitting a
response was held on August 28, 2012.
BidNet issued bid notices to 91 prospective proposers, and eight (8) downloaded the
solicitation. 15 additional proposers were notified via e-mail, which resulted in the receipt of the
following five (5) responsive proposals:
1. Stadiumroar.com
2. The Active Network
3. Capturepoint.com
4. Vermont System, Inc
5. US E Direct
On September 26, 2012, the City Manager via Letter to Commission (LTC) No. 245-2012,
appointed an Evaluation Committee (the "Committee") consisting of the following individuals:
• Theresa Buigas, Parks and Recreation Analyst, Parks and Recreation Department;
• Bob Biles, Applications System Manager, IT Department;
• Modesto Mora, Resident and Leadership Academy Graduate;
• Jon Groff, Resident and Chairman of the Parks and Recreational Facilities Board;
• Bruce Reich, Resident and Leadership Academy Graduate
• Fred Couceyro, Parks and Recreation Director, City of Coral Gables
• Todd Hofferberth, Parks and Recreation Director, Village of Key Biscayne
Alternates
• Esther Egozi Choukroun, resident and Scott Rakow Board member
• Meryl Wolfson, member of the Parks and Recreational Facilities Board; and
As per the request of Commissioner Tobin, the Interim City Manager directed the
administration to add Christine Florez to the Committee. Committee member Todd
Hofferberth, was informed of this change and advised that he no longer was part of the
Evaluation Committee.
The Parks and Recreation department developed a scripted demo outline to be performed by
the proposers during their presentation.
The Committee convened on November 1, 2012 to receive software demonstrations from the
five (5) proposers. All five (5) proposers provided on-line presentations. Committee members
Christine Florez and Modesto Mora were not in attendance.
The Committee was provided with an overview of the project, information relative to the City's
Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also
provided with general information on the scope of services, Performance Evaluation Surveys,
and additional pertinent information from all responsive proposers. Additionally, the Committee
engaged on a 15-minute Question and Answer session.
227
Commission Memorandum-RFP # 62-11-12 Parks and Recreation Software
January 16, 2013
Page5
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFP, which was as follows:
Evaluation Criteria/Factors:
Software functionaHty according to Departmental needs
Consultant(s) experience and past performance with similar projects
Proposed Fees
Methodology and Approach
Weight
35 points
20 points
35 points
10 points
Additional points, over the aforementioned potential points were to be allocated, if applicable
and in accordance to following ordinances. Please note that no points were given to any of the
companies since no company claimed Veterans or Local preference.
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to
Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor
as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a small business
concern owned and controlled by a veteran(s) or a service-disabled veteran business
enterprise, as defined in the City's Veterans Preference Ordinance.
The Committee discussed its individual perceptions of the proposers' qualifications,
experience, and competence, and further scored and ranked the proposers accordingly. The
Committee's final rankings are as follows:
FINAL RANKINGS
A motion was presented by Theresa Buigas, seconded by Jon Groff, and unanimously
approved by all Committee members, to recommend entering into negotiations with the top~
ranked proposers, The Active Network; and should the administration not be successful in
negotiating an agreement with the top-ranked proposer, authorizing negotiations with the
second-ranked proposer, Capturepoint.com; and should the administration not be successful
in negotiating an agreement with the second-ranked proposer, authorizing negotiations with
the third-ranked proposer, Vermont Systems, Inc.
THE ACTIVE NETWORK'S PROFILE
The Active Network was founded in 1999 and is a leading provider of application services
technology and marketing access to community service organizations, such as State and
Local governments, recreation facilities and the like.
The Active Networks currently services over 4,000 local municipalities, parks and recreation
228
Commission Memorandum-RFP # 62-11-12 Parks and Recreation Software
January 16, 2013
Page6
departments, non-profits, sports organizations and educational organizations providing
recreation management, point of sale, inventory controls, and long list of other related
services. The company, based out of San Diego, California has over 450 employees servicing
the North America market.
The ACTIVEnet product, specifically written to assist Parks and Recreation Departments
provides simple to use facility bookings, activity registration, memberships, league scheduling
and point of sale transactions while providing strong reporting capabilities and safe audit
controls.
Appendix "A" provides a summary of the Cost Proposal submitted by The Active Network.
MANAGER'S DUE DILIGENCE
After considering the review of the recommendation of City staff and review of overall
functionality and pricing, the City Manager exercised her due diligence and is recommending
that the Mayor and the City Commission enter into negotiations with second-ranked proposer,
Capturepoint.com; and should the administration not be successful in negotiating an
agreement with the second-ranked proposer, authorizing negotiations with the top-ranked
proposer, The Active Network: and should the administration not be successful in negotiating
an agreement with the top-ranked proposer, authorizing negotiations with the third-ranked
proposer, Vermont Systems, Inc.
The top three {3) ranked proposer's software meet the City's requirements including the ability
to provide on-line customer registration, point of sale, and facility reservations.
There are three (3) differences in the pricing scheme of the top two proposers: (See Attached
Schedule)
1) Online Transaction Fee:
One difference between The Active Network and Capturepoint.com is that the Active Network
would charge end users online transaction fees of approximately $7,520 when using the
system online to reserve a facility or register for a program, while the Capturepoint.com
system does not have end user transaction fees. One of the primary goals of purchasing a
new Parks and Recreation software is to provide end users with an easy and efficient system
to that can be accessed online at any time of day.
2)/nitial Year Costs:
Capturepoint.com's first year cost to install, train staff and implement the software totals
$27,010 vs. The Active Network's first year expected cost of$ 53,685, including the end user
on-line transaction fee of$ 7,520. Both costs mentioned are net of hardware costs.
3)Yearly recurring cost:
Capturepoint.com's yearly recurring cost totals $ 13,012, which includes their annual per
month, transaction and subscription fee vs. The Active Network of$ 36,752, which includes
processing and subscription fees. Please note that the City pays an annual maintenance and
subscription fee of approximately $7,500 for the Parks and Recreation software currently being
used.
Although The Active System has a more advanced user interface, The Capturepointcom
software is a significant improvement to the current software being used by the Department.
Although it may require some additional programming to fully encompass all functionality
required by the Department, the cost of such programming is not expected to be substantial,
229
Commission Memorandum-RFP # 62-11-12 Parks and Recreation Software
January 16, 2013
Page 7
and the total first year costs is anticipated to be within the budgeted amount of $29,550.
The benefit of Capturepoint.com, by not charging transaction fees to the end user, is a
likelihood of increased online transactions and a reduced need for repeat users from having to
register in person at a City facility.
Please refer to Appendix "A" for a summary of the Cost Proposal submitted by all responsive
proposers. It must be noted that additional costs will be required for the acquisition of required
hardware, which will be determined during the negotiation phase.
CAPTUREPOINT.COM'S PROFILE
Capturepoint.com has over ten (10) years or experience developing web-based applications
and managing data, seven (7) year years of experience in product development, a-commerce
and implementation services for web-based registration management software that includes
online registration, program, and membership.
Capturespoint.com is an online software company that makes it easy for residents to
participate within their communities and affordable for community service organizations to
operate. Capturepoint.com designs, deploys and supports software that provides online
access and a-Commerce to more than 150 organizations such as municipal, educational, and
youth sports organizations, including Recreation Departments, Public/Private Pools, Tennis &
Golf Clubs, Sports Clubs, Not-for-Profit Associations. School Districts, Parent-Teacher
Organizations, Community Schools & Centers, Child Care, or Religious Organizations,
Residents enjoy the simplicity of conducting all their community transactions via a single login
and password, whether it is registering for our afterschool, summer, soccer, or any other
Recreation program. Recreation staff may benefit from reduced paperwork, easy payment
collection, and increased productivity.
Capturepoint.com's web-based products offer users a comprehensive and integrated set of
tools that includes program, membership and reservations data-management combined with
in-depth reports, data export, and a powerful e-marketing product line, Products are easy-to-
use and most clients can be up and running fairly quickly.
Appendix "A" provides a summary of the Cost Proposal submitted by Capturepoint.com.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to request for proposals (RFP) No. 62-11/12, to install and maintain an
externally web hosted software for parks and recreation; authorizing the administration to enter
into negotiations with the second-ranked proposer, Capturepoint.com; and should the
administration not be successful in negotiating an agreement with the second-ranked
proposer, authorizing negotiations with the top-ranked proposer, The Active Network; and
should the administration not be successful in negotiating an agreement with the top-ranked
proposer, authorizing negotiations with the third-ranked proposer, Vermont Systems, Inc.;
further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of
successful negotiations by the administration.
T:IAGENDA\2013\January 16\RFP-62-1 1-12 Web Hosted Sofware -Memo FinaL doc
230
N w ~ Rank Cost Options-HARDWARE NOT INCLUDED Option 1 Option 2 Option 3 Only Option Only Option ALL Initial Costs $ 9,412 $ 9,412 $ 9,412 $ 13,998 $ 55,996 1 1 1 Active • Annual Subscription Pricing (If Revenues of $0-$2.49 million) Active -Annual Subscription Pricing (If Revenues of $2.5 milfion-$2.99 million) Active • Annual Subscription Pricing (If Revenues exceed $3 million) 1 I Active -Credit Card Processing 1% (Based on FY 12 -$927,280.99) 1 I Active-Online Transactions 3%-TO BE PAID BY USER (Est. 30% of FY 12 Cash/Check intake of $835,593.73 = $250,678.12} 2 ICapturepoint-Annual Fee Per Month $15 2 ICapturepoint-Annual Fee Per Transaction .15(: (Est. $1J62,874.72 I est. amnt per transaction $50= 35,257 transactions) 2 jC3pturepoint ·Annual Fee Per Batch .15(: (Est. 10 sites, 365 days per year= 3,650 botches per year) 2 ICapturepoint-Annual Subscription 3 !Vermont System-Annual Maintenance Fees $ $ $ $ $ $ $ $ $ $ TOTAL COST (first year) I $ Paid by the online user I $ NET COST TO THE CITY (first year) l $ YEARLY Reccuring Costs to the City I $ Reccuring Costs Paid by the online user l $ APPROX. AMOUNT PAID BY USER AND CITY (RECCURING}I $ 35,000 l $ $ $ $ $ 4o,ooo I s -I s $ s · I s 45,ooo I s $ 9,273 l $ 9,273 I $ 9,273 I $ $ 7,520 I$ 7,520 I $ 7,520 I$ $ $ $ $ 180 l $ $ $ s s,289 Is $ $ $ 547.50 I$ $ $ S 6,996 I s $ $ $ -I s 24,696 53,685 $ 58,685 $ 63,685 I $ 21,010 $ 80,692 7,520 $ 7,520 $ 7;52o I$ $ 46,164 $ 51,164 $ 56,164 I $ 21 ,o10. $ 80,692 36,752 $ 41,752 $ 46,752 I $ 13,012 $ 24,696 7,520 $ 7,520 $ 7,520 I$ $ 44,273 $ 49,273 $ 54,273 l $ 13,012 $ 24,696 OVER 3 YEAR PERIOD SPENT I $134,710 1 $ 149,710] $ 164,710 l $ 53,034 I $ 130,084 FY 11/12 {October 1, 2011-September 30, 2012} cash $441,811.90 Checks $393,781.83 $1,762.874.72
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 62~11/12, TO
INSTALL AND MAINTAIN AN EXTERNALLY WEB HOSTED SOFTWARE
FOR PARKS AND RECREATION; AUTHORIZING THE ADMINISTRATION
TO ENTER INTO NEGOTIATIONS WITH THE SECOND~RANKED
PROPOSERS: CAPTUREPOINT.COM; AND SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WITH THE SECOND-RANKED PROPOSER,
AUTHORIZING NEGOTIATIONS WITH THE TOP~RANKED PROPOSER,
THE ACTIVE NETWORK; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-
RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE
THIRD-RANKED PROPOSER, VERMONT SYSTEMS, INC.; FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS
BY THE ADMINISTRATION.
WHEREAS, on July 18, 2012, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 62-11/12, to Install and Maintain an externally
web hosted software for the City of Miami Beach Parks and Recreation Department (RFP);
and
WHEREAS, RFP No. 62-11/12 was issued on August 15, 2012, with an opening date
of September 13, 2012; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on August 28, 2012; and
WHEREAS, BidNet issued bid notices to 91 prospective proposers, and eight (8)
downloaded the solicitation. 15 additional proposers were notified via e-mail, which resulted
in the receipt of five (5) responsive proposals; and
WHEREAS, on September 26, 2012, the City Manager via Letter to Commission
(LTC) No. 245-2012, appointed an Evaluation Committee (the "Committee"} consisting of the
following individuals:
• Theresa Bulgas, Parks and Recreation Analyst, Parks and Recreation
Department;
• Bob Biles, Applications System Manager, IT Department;
• Modesto Mora, Resident and Leadership Academy Graduate;
• Jon Groff, Resident and Chairman of the Parks and Recreational Facilities Board;
• Bruce Reich, Resident and Leadership Academy Graduate;
• Fred Couceyro, Parks and Recreation Director, City of Coral Gables; and
• Todd Hofferberth, Parks and Recreation Director, Village of Key Biscayne
Alternates
• Esther Egozi Choukroun, resident and Scott Rakow Board member;
• Meryl Wolfson, member of the Parks and Recreational Facilities Board; and
232
WHEREAS, as per the request of Commissioner Tobin, the Interim City Manager
directed the administration to add Christine Florez to the Committee; Committee member
Todd Hofferberth, was informed of this change and advised that he no longer was part of the
Evaluation Committee; and
WHEREAS, the Parks and Recreation department developed a scripted demo outline
to be performed by the proposers during their presentation; and
WHEREAS, the Committee convened on November 1, 2012 to receive software
demonstrations from the five (5) proposers; Committee members Christine Florez and
Modesto Mora were not in attendance; and
WHEREAS, the Committee was provided with an overview of the project, information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, with
general information on the scope of services, Performance Evaluation Surveys, and
additional pertinent information from all responsive proposers; additionally, the Committee
engaged on a 15-minute Question and Answer session; and
WHEREAS, a motion was presented by Theresa Bulgas, seconded by Jon Groff, and
unanimously approved by aU Committee members, to recommend entering into negotiations
with the top-ranked proposers, The Active Network; and should the administration not be
successful in negotiating an agreement with the top-ranked proposer, authorizing
negotiations with the second-ranked proposer, Capturepoint.com; and should the
administration not be successful in negotiating an agreement with the second-ranked
proposer, authorizing negotiations with the third-ranked proposer, Vermont Systems, Inc;
and
WHEREAS, after considering the review of the recommendation of City staff and
review of overall functionality and pricing, the City Manager exercised her due diligence and
is recommending that the Mayor and the City Commission enter into negotiations with
second-ranked proposer, Capturepointcom; and should the administration not be successful
in negotiating an agreement with the second-ranked proposer, authorizing negotiations with
the top-ranked proposer, The Active Network; and should the administration not be
successful in negotiating an agreement with the top-ranked proposer, authorizing
negotiations with the third-ranked proposer, Vermont Systems. Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH; FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the City Manager pursuant to Request for Proposals (RFP)
No. 62-11/12, , to install and maintain an externally web hosted software for parks and
recreation; authorize the administration to enter into negotiations with the second-ranked
proposer, Capturepoint.com; and should the administration not be successful in negotiating
an agreement with the second-ranked proposer, authorize negotiations with the top-ranked
proposer, The Active Network; and should the administration not be successful in
negotiating an agreement with the top-ranked proposer, authorize negotiations with the
third-ranked proposer, Vermont Systems, Inc.; further authorizing the Mayor and City Clerk
to execute an agreement upon conclusion of successful negotiations by the administration.
PASSED AND ADOPTED THIS ___ DAY OF ____ 2013.
ATTEST: APPROVED AS TO
FORM & LAr'-JGUAGE
& FOR E '". CUTION
L)~~~~ . D~e
THIS PAGE INTENTIONALLY LEFT BLANK
234
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution adopting and appropriating the First Amendment to the Police Confiscation Trust Fund
Budget for Fiscal Year 2012/13 in the amount of $130,000, to be funded from the proceeds of Federal
Confiscated Funds.
Key Intended Outcome Supported:
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community
Satisfaction Survey results, 47% of residents chose "increasing police visibility in neighborhoods" as the
second most popular method for improving public safety. One of the three key drivers that impact how
residents rate quality of life in the City of Miami Beach is ratings for safety.
Item Summary/Recommendation:
The Miami Beach Chief of PoHce, Raymond Martinez, has reviewed and identified the need for the
appropriation and has established that the expenditures of forfeiture funds are in compliance with Section
932.7055, Florida State Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for
local Law Enforcement Agencies.
As part of the Miami Beach Police Department's (MBPD} involvement on the Internal Revenue Service
Financial Investigations Strike Team (HIDTA), the MBPD participates in revenue sharing under forfeiture
proceedings. On June 20, 2012, the South Florida Asset Sharing Fund held a meeting to discuss revenue
sharing among participating agencies, and recommendations were made as to how these funds would be
expended.
As a result, the Miami Beach Police Department was approved to receive $120,000 for 3 vehicles and
$10,000 for technology upgrades for the Officer assigned to the Strike Team {Exhibit A).
Advisory Board Recommendation; I N/A
Financial Information:
Source of Amount Account
Funds: 1 I Confiscation Funds:
!
~ $130,000 603-8000-351211 Federal-Justice funds
-;t~-. '
-Jvl l
OBPI Total $130,000
Financial Impact Summary:
c· Clerk's Office Legislative Tracking:
Mauvett Rattigan, Miami Beach Police Department
Si n-Offs:
Department Director
Ra mend Martinez, Chief
MlAMfBEACH
Assistant City Manager
235
/
AGENOAtTEM
DATE
e:1t=
J-/h--!3
MIAMI BEACH
City of Miami Beach, 1700 Convanlion Center Drive, Miami Beach, Florida 33!39, www.miomibaachfLgov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM, Kathie G. Brooks, Interim City Manage~/~~ ;L-.
DATE: January 16, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE
FIRST AMENDMENT TO THE POLICE CONFISCATION TRUST BUDGET
FOR FISCAL YEAR 2012/2013 IN THE AMOUNT OF $130,000, TO BE
FUNDED FROM THE PROCEEDS OF FEDERAL-JUSTICE CONFISCATED
FUNDS IN THE AMOUNT OF $130,000, FOR THE APPROPRIATION AND
EXPENDITURE OF THOSE ITEMS SET FORTH IN EXHIBIT "A," WHICH
SHALL BE FUNDED THROUGH THE POLICE CONFISCATION TRUST
FUND.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Florida Statute 932.7055 provides for expenditures of forfeiture funds for law
enforcement purposes. The Miaml Beach Chief of Police, Raymond Martinez, has
reviewed and identified the need for the appropriation and has established that the
expenditures of forfeiture funds are in compliance with Section 932.7055, Florida State
Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for Local
Law Enforcement Agencies. These forfeiture funds have been deposited in the Police
Confiscation Trust Fund. The City has complied with all statutory procedures involved in
the transaction of these funds.
As part of the Miami Beach Police Department's (MBPD) involvement on the Internal
Revenue Service (IRS) Financial Investigations Strike Team (HIDTA), the MBPD
participates in revenue sharing under forfeiture proceedings. The South Florida Asset
Sharing Fund Steering Committee acts as a governing body, which determines revenue
sharing amongst participating agencies and meets on a quarterly basis. The South
Florida Asset Sharing Fund Steering Committee acts as a governing body, which
determines revenue sharing amongst participating agencies and meets on a quarterly
basis.
Aside from the funds provided directly to participating agencies, three (3) percent is set
aside from every forfeiture and placed into a fund for HIDTA. These funds are allocated
for use by HIDTA.
On June 20, 2012, the South Florida Asset Sharing Fund Steering Committee held their
meeting to discuss revenue sharing of unanticipated funds made available from HIDTA's
three (3) percent share among participating agencies. These funds are in excess of the
236
individual agencies allotment. Since these unanticipated funds were initially allocated for
HIDT A, the Steering Committee determines how the funds will be distributed and for
what purpose.
In addition, the Strike Team Commander provided his recommendations as to how these
funds would be expended, in accordance with the IRS's preference to fund purchases of
high value tangible assets with these monies. This process was vetted through the
Treasury Executive Office for Asset Forfeiture and the United States Department of
Justice.
The Commander's recommendations were unanimously approved by the committee,
which is composed of the Town of Medley Police Chief, Village of Miami Shores Police
Chief, Village of Virginia Gardens Police Chief, Miami-Dade Drug Taskforce Commander
and Miami Beach Criminal Investigations Unit Captain.
As a result, the Miami Beach Police Department was awarded $120,000 for three (3)
utility vehicles and $10,000 for technology upgrades for the Officer assigned to the Strike
Team (Exhibit A). The expenditures outlined in this amendment meet the Federal
Guidelines for equitable sharing, and are for the purchase of specialized equipment, that
goes above and beyond what the City currently provides the department.
The three (3) utility vehicles purchased with these funds will be assigned to the MBPD
Canine Unit to provide the most up to date technology with regards to the canine vehicle
cage and bailout system, while at the same time, providing handlers the ability to carry
more equipment, as well as a safer environment to transport the canine. This purchase
will allow the Canine Unit to assign these unmarked utility vehicles with specialized
canine cages to the passive alert dog handlers, as well as a full service dog handler, for
the purpose of narcotics detection and other special details. This purchase will eliminate
the need to replace three (3) K-9 vehicles and maintain the Miami Beach Police
Department's fleet at the current level.
In addition, 20% of the shared revenue must be set aside for technology upgrades for
the Detective assigned to the Strike Team and their department. As a result, the
expenditure will include a laptop computer for the assigned Detective, an iPad, digital
camera, a pair of binoculars and seventeen (17) 22" inch monitors for the Criminal
Investigations Unit.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the First
Amendment to the Operating Budget for the Police Confiscation Trust Fund for Fiscal
Year 2012/13, in the amount of $130,000 to be funded from the proceeds of Federal
Confiscation Funds as listed in Exhibit "B", and authorize the expenditures as approved
by the South Florida Asset Sharing Fund.
\<M '})N'\ tl~
KGB/RM/MO/DM/MI'{
237
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND
APPROPRIATING THE FIRST AMENDMENT TO THE POLICE
CONFISCATION TRUST BUDGET FOR FISCAL YEAR
2012/2013 IN THE AMOUNT OF $130,000, TO BE FUNDED
FROM THE PROCEEDS OF FEDERAL-JUSTICE
CONFISCATED FUNDS IN THE AMOUNT OF $130,000, FOR
THE APPROPRIATION AND EXPENDITURE OF THOSE ITEMS
SET FORTH IN EXHIBIT "A," WHICH SHALL BE FUNDED
THROUGH THE POLICE CONFISCATION TRUST FUND.
WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and
procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust
Fund; and
WHEREAS, the proceeds and interest earned from the Police Confiscation Trust Fund is
authorized to be used for crime prevention, safe neighborhood, drug abuse education and
prevention programs, or for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds upon request to the
City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police
Department by the City of Miami Beach Commission; and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification which states that this request complies with the provisions of Section 932.7055 of
the Florida Statutes (written certification attached as Exhibit 8), and the Guide to Equitable
Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and
WHEREAS, funds in the amount of $130,000 are available in the Police Confiscation
Trust Fund.
CURRENT INCREASE AMENDED
BUDGET BUDGET
STATE-$ 1,019,300 $ 0 $1,019,300
FEDERAL-$ 182,800 $ 1301000 § 312,800
TOTAL-$1,202,100 $130,000 $1,332,100
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, adopting and appropriating the
First Amendment to the Police Confiscation Trust Fund budget for fiscal year 2012/2013 in the
amount of $130,000, to be funded from the proceeds of Federal Justice confiscated funds for
the appropriation and expenditure of those items set forth In Exhibit "A," which shall be funded
through the Police Confiscation Trust Fund.
PASSED and ADOPTED this ___ day of January, 2013.
ATTEST BY:
MAYOR MA TTl HERRERA BOWER
RAFAEL E. GRANADO, CITY CLERK
238
SOUTH FLoRIDA AsSET SHARING FuND-IRS CoMPONENT
JUNB 20~ 2012 MEETING
A meeting of the South Florida Asset Sharing Fund was held at the South Florida HIDTA facility
in Mira:m.ar. The meeting was called to order at 9:50 a.m. on June 20t 2012 by Timothy Wagner,
Director! South Florida HIDTA. Self introductions were made by those present. A copy of the
meeting roster is attached as part of these minutes.
Timothy Wagner explained the concept and history of the fonnatiQtl of the HIDTA forfeiture
fund~ the reasons for a separate fund for each federal lead agency. He explained that the members
of the IRS 1\utd are ftee to make expenditures a8 they see fitJ as long as they oonfonn to
DOTIDOJ Forfeiture Fund rules and regulations as they relate to the use of asset sharing. He
further stated that Monroe County SherlffiJ Office can no longer purchase on behalf of an agency
because according fu DOJ MCSO is responsible in out years for tracking the items purohased. As
a result, when equipment not being retained and inventoried by HIDTA is being purchased
Monroe County Sheriffs Oftloe (MCSO) will either give the agency a oheok up front or
reimburse the agency once the purchase has been made. "TT ~ ~ ff\i. fb
# t 3o ouD Cliff Lockwood, SSA, IRS made the fullowing recotntntm.dations to the committee. •
To_tal recommended purchases-$823,000.00
Mr. Lock~ood asked if there was a commitment letter to give eool1 agency. Mr. Wagne1· stated
· MCSO has a "Sharing of Federally Forfeited Property" application that each agency will need to
submit. James Chohoniss Cbie.( Virginia Gardens Police Department asked what was the turn
aro·und time for the appli.oation and Mr. Wagner stated it usually takes between 1 to ·2 weeks for
MCSO approval but can take longer in some cases. Mr. Lockwood recommended to all
participating agencies to make sure they have a valid agreement betw~ their agency and DOJ.
A ~otion to approvG the recommendations made by Mt. Lockwood was 1tUld.e by Jeanette Said,
Chief, Medley Police Department and seconded by Rick Clements, Captain. Miami Beach Police
. Department wes voted on and unanimously passed by the board.
Themeetingwasadjoumedat 10:15 am.
239
\3 -ol :s~llS m~~~
MONROE COUNTY SHERIFF'S OFFICE tf 13o~OOO·o0 I
SHARING OF FEDERALLY FORFEITED PROPERTY
NamoofOrganizrion: M!aml Beach Pollee
Department
Address: Miami Beach Police Headquarters. Phlme Number; 305.673.7925
· 1100 Washington Avenue NC\t.: fL~ OlS0100
Miami Beach, Fl33139
Conll!Gt Name: Raymond A Martinez, Chief of
Pollee
FIIXNuulbe~; 305.673.7867
'l'ype Of ,Entity:
State, County. or Local Goverrunent Department or Agency
Private. nonprofit organization, pursuant to 26 U.S.C. 501(c)(3) or (4)
Chook:One
[ X 1
[ 1
Other (PleilSC tlesiribe): · ..... --·-[ ]
Mtivity!Minlon of Entity (i.e., drug ab\lse treatroent, drug'alld ertme prevention, provtdl"G bouslllg, providing job skiUi, 1\te). Please be as duerlptlve a&~
The Miami Beach Pollee Department·(MBPD) Is a fully accredited law enforcement agency, which is dedicated to
pursuing every opportunity and engaglng all challenges as part of this organization's on-going quest for
excellence. With the continued growth In the popularity of Miami Beach as a destination of choice for out of town
and local visitors alike, the Police Department Is tasked with balancing the needs of the residential population with
those of business and visitors. MBPO is focused on ensuring the public safety, with a focus on community
policing. ·
Based on the recommendations of the June 20,2012 South Florida Asset Sharing Fund (IRS Component)
meeting, the MBPD is submitting a request for the purChase of three (3} utility vehicles, which will be assigned to
' the K9 Unit. The cost of each vehicle is $40,269.66 {including $29,649 for the vehicle, $9,895.66 for necessary
equipment and accessories and $675 for fleet markings). The monies will be spent on purchasing three K9
vehlcl$s as additions for the Miami Beacl'l Police department's current fleet. These vehicles will have the most up
to date teChnology with regards to the K9 cage and bailout system. ThJs Is the first time MBPD is deptoylng utility
vehicles for this type of pollee service. The lntentlon ls to provide the K9 handler the ability to carry additional
equipment, and at the same time, haVe mare room for the 'K9 within the vehicle. This wilt also provide a safer
environment to transport the K9.
As soon as the shared monies are allocated, MBPO will move forward with the purchase through the City's
procurement process and should have the 3 vehicles deployed as part of the departmenfs fleet during the first
quarter of Fiscal Year 2013.
In addition, MBPD proposed the following expenditures for technological upgrade& ($10,000) as follows;
• 1 Dell latitude E6530m with five (5) year warranty and printer for $3,985.00
• 1 Apple iPad with WiFi, 32GB, With tw'o (2) year warranty for $776.00
• 1 Celebrite Software upgrade with extended warranty for one (1) year for $999.00
• 1 Nlkon 090 Oigitaf Camera with 18-105mm DX VR and.70--300mm tenses for$1.325.00
• 1 Nikon Monarch 5 ATB 8x42mm Binocular~7542 for $230.00.
• 17 Dell Professional P2213-22 inch Monitor with LED and three (3) year warranty for $2,703.00
These upgrades will allow MBPD's assigned Taskforce Officer to work more effectively and efficiently, as we\1 as
maintain better communications with the dep~rtrrent,.,.~1 ~oon as the shared monies are allocated, MBPD will
move foiWard with the purchase through the q~y~ _pr~:n::ur~melilt process and should receive the Items during the
first quarter of Fiscal Year 2013. \Cl\i\~l~~§~ i. \1>~(1;)(') , 00
240
Delllll aetMty•s ~ to t'ilrtherlng law euforcement ettoru. For~xample, direct w.aectlon ~payiag for lnformatlsn), prevelltah Cllllneeliou {dr11g
awartm• program). or dtvefopmental wnaUt:tioa (funding lltw ellfon:tll\ertt awarellll&ll in• youf!l program),
The proposed expenditures have a direct connection to furthering taw enforcement efforts. The purchase of tne
three (3) K9 utility vehicles will allow MBPD to deploy officers into the field, with the added benefit of additional
equipment as well as comfort for the K9. In turn. this wiU allow the officer and their K9 partner to better seNe both
MBPO and other area agencies who request assistance. The technological upgrades also have a direct
connection to furthering law enforcement efforts as these upgrades will supply the necessary tools for MBPD's
assigned Taskforce Officer, as well as the Criminal Investigations Unit, to conduct the necessary case research
and management.
wm tile graat moole~~l'\I!JIIMetl lit. \!led u matehtng tundJ for anothtl' grant.
No other grant funding will be utilized for this purchase.
1
1 MBPD reviewed the approved department budget for Fiscal Year 2012~2013, as well as available grant monies.
However, current appropriations and grant funding are not available for these expenditures.
I
i
I
·i
241
I hereby certify:
1. All fnfor.mation included in this-application is true. ,
2. A sepanrte accounting of an shared funds received will be maintained subject to acoounting requirements and practices employed
under state Wld local law for :recipients of federal, state, or local funds.
3. Compliance with Federal Civil Rights laws. ·
4. Compliance with all :fuderal laws that apply to the applicant.
S. No officer, director, trustee, fiduciary oftl:te applicant lias been:
a) convioted of a felony offense under federal or state law; or
b) convicted of any drug offense.
6. No sbared benefJ.ts will be used for political orper801lal purposes.
1. No shared benefit will be used for any purpose that would conlltitate an improper or illegal use under the lawS; rules, regulations, or
orders of the state or local jur:isdiotion in which the applicant is located otopertlte$.
8.
I agree to comply with the follawJng ,Additional South Ftorhla Asset Sharing Fulld requirements:
Funds are provided on a reitnburilable basis.
Reimbun.imtent ciaims must be submitted wilhin two months of an erxpendif.ure
Grants are :lbr one year (364 days) only. After tbe grant period ends, unex}lended funds w.ilJ. be forfeited. CR.ei!nned to the South
Florida As.'it~t Sharing Fund). . .
l agree to report enforcement reSUlts achieved with the use of any awarded funds in the manner prescribed by tlle South Florida Asset
Sharing Fund Board ofDlrectors.
Commenll! R.egardlng D~sion
242
Approval~] I
Comments Regllrd v
n &low To Be Completed By MCSO Personnel
~=ZJ
Approval [ V J Denial [ ]
Comments hgarding Decision:
ll}Olftl ... At.. Pef.4ntrfttbiG ~mvr;.e;:s -:n.t,,nc.p-~e.:;: ~
...
Committee Approvals and Statement:
Signature:._---------PrlntedName:. __ ~--······--Pate:._~-
S~nature:. ______ _
Signai.Ut'e: ___ ~.....__.·~---Printed Name: ________ Date:. __ _
----~---PrlntedNamc:. _______ Date: __ _
Signature:. __________ Printed Name:. _______ Date:. __ _
Comments:
243
l Statement By Chief Law Enforcement Officer:
244
EXHIBIT "B"
CERTIFICATION
I, Raymond Martinez, Chief of Police, City of Miami Beach, do hereby certify that the
aforementioned proposed request for expenditures from the City of Miami Beach Police
Confiscation Trust Fund, for the 2012/2013 fiscal year providing funds for expenditures,
complies with the provisions of Section 932.7055(4)(a), Florida Statutes, and the Guide to
Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies.
Raymond Martinez, Chlef of Police
Miami Beach Police Department
Date 1 1
245
THIS PAGE INTENTIONALLY LEFT BLANK
246
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Neighborhoods/Community Affairs Committee Changing The Mayor's Blue Ribbon
Bikeways Committee To A Permanent Committee, Entitled Bicycle-Pedestrian Facilities Advisory Committee.
Key Intended Outcome Supported:
Enhance Mobility Throughout The City
----~-~~--------~-------~~~------~----~------------~-------4 Supporting Data {Surveys, Environmental Scan, etc.) In the 2012 Citywide Survey, 48% of the
espondents would be willing to use bicycles as an alternative form of transportation.
Item Summary/Recommendation:
The Mayor's Blue Ribbon Bikeways Committee was established originally by Mayor David Dermer and
subsequently continued by Mayor Mattie Herrera-Bower to promote the use of bicycles as a viable and sustainable
mode of transportation in the City and to review, coordinate and promote better and safer bicycling and bicycle
facilities throughout the City for residents and tourists alike. Initially, the concept of a Bicycle Committee was
brought forth by residents and bicycle advocates in the City that felt that the City of Miami Beach was in dire need
of bicycle infrastructure coupled with the need to foster the well-being and quality-of-life of residents and
communities through the development of a progressive bicycle plan.
The Mayor's Blue Ribbon Bikeways Committee is comprised of neighborhood activists, business owners, and City
staff. The Committee has typically convened on the third Wednesday of every month. Its objectives are to provide
input on the City's bicycle infrastructure plans/projects and to ensure the safety and mobility of bicyclists traveling
in the City, both for recreational and commuter purposes. In the last few years, however, there has been
diminishing interest from committee members. ·
It is important that the Mayor's Blue Ribbon Bikeways Committee build upon the City's recent success and
national recognition and continue to advocate for cycling as a sustainable and safe mode of transportation
throughout the City. However, this can best be achieved through the creation of a permanent and reconstituted
Bicycle-Pedestrian Facilities Advisory Committee serving in an advisory capacity to the City Commission on all
matters pertaining to bicycle and pedestrian mobility in the City.
By becoming a permanent City Committee serving in an advisory capacity to the City Commission, the Bicycle-
Pedestrian Facilities Advisory Committee can accomplish the goals set forth by the City Commission and make a
difference at the local level by advocating, at a regional and national level, for a more pedestrian and bike-friendly
Miami Beach.
Upon approval of this item and further direction by the Commission, the Administration will present an Ordinance
on creating a Committee entitled the Bicycle-Pedestrian Facilities Advisory Committee for City Commission
approval at the Commission meeting on February 6. 2013.
The Administration recommends approving the Resolution.
Advi~ Board RecoiJlmen_dation: ····~c-:---
jThiS item was referred to the Neighborhoods/Community Affairs Committee (NCAC) by Mayor Matti Herrer~a
j Bo~,er at the City Commission meeting on October 24, 2012 and subsequently discussed and approved at NCAC
1 on November W. 2012. ___ _
Financial Information:
Source of Amount 1-" Account
Funds: ,....,. -· 1 i
[ ----
i 2
I 3 j
J
OBPI Total
Financial Impact Summary: N/A
. -·-·-Ci_!y Clerk's Office Legislative Tracking:
Tose R. Gonzalez, P£, Transportation Ma_n_,a~ge_r_,';::E::-:X:::T:-.--=6=76-=8=---------------._-_-_-~~~__j.............,1
Si n-Offs:
Depaqmeot Director ·
--~--FHB
T:\AGENDA\2013\January 16\Changing the Mayor's Blue Ribbon Bikeway~ o mittee to a Perrnanent Committee-SUMMARY.docx
MIAMI BEACH 247
AGENDA ITEM
DATE
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Cen 1er Drive, .lv'.iami Beach. Florida 33l39, www.rniamibeochfLgov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera-Bower and Members of the City Commission
FROMo Kathie G. Brooks, Interim City Manager /0f--
Date: January 16, 2013
SUBJECT: A RESOlUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FlORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE CHANGING THE MAYOR'S
BlUE RIBBON BIKEWAYS COMMITTEE TO A PERMANENT COMMITTEE,
ENTITlED BICYClE-PEDESTRIAN FACILITIES ADVISORY COMMITTEE.
This item was referred to the Neighborhoods/Community Affairs Committee (NCAC) for discussion
by Mayor Matti Herrera-Bower at the City Commission meeting on October 24, 2012. On November
19, 2012, the NCAC recommended to change the Blue Ribbon Committee to a permanent Bicycle-
Pedestrian Committee.
RECOMMENDATION
The Administration recommends that this item be approved.
BACKGROUND
The Mayor's Blue Ribbon Bikeways Committee was established originally by Mayor David Dermer
and subsequently continued by Mayor Mattie Herrera-Bower to promote the use of bicycles as a
viable and sustainable mode of transportation in the City and to review, coordinate and promote
better and safer bicycling and bicycle facilities throughout the City for residents and tourists alike.
Initially, the concept of a Bicycle Committee was brought forth by residents and bicycle advocates in
the City that felt that the City of Miami Beach was in dire need of bicycle infrastructure coupled with
the need to foster the well-being and quality-of-life of residents and communities through the
development of a progressive bicycle plan.
The Mayor's Blue Ribbon Bikeways Committee is comprised of neighborhood activists, business
owners, and City staff. The Committee has typically convened on the third Wednesday of every
month and its objectives are to provide input on the City's bicycle infrastructure plans/projects and to
ensure the safety and mobility of bicyclists traveling in the City, both for recreational and commuter
purposes. In the last few years, however, there has been diminishing interest from committee
members. Only two or three committee members typically attend a given meeting.
Notwithstanding, the City has recently made great strides in welcoming bicyclists by providing safe
accommodations for cycling and encouraging people to bike for transportation and recreation. For
example, the DecoBike bicycle rental program has recorded over one million bicycle trips since
inception with a majority of those trips being commuter bicycle trips by residents. The statistic is
substantiated by new census data which has revealed that the City of Miami Beach is the number
ten (1 0) city in the country in the percentage of people using bicycles to commute to work. The City
of Miami Beach registered an estimated 6.3% of total workers using bicycles as their mode of
transportation to reach their workplace. These are impressive statistics given the country's average
248
Commission Memorandum-Resolution on Changing the Mayor's Blue Ribbon Bikeways Committee To a
Permanent Committee, Entitled Bicycle-Pedestrian Facilities Advisory Committee
January 16, 2013
Page 2 of 2
for commuter bicycle trips is 0.56%. The City's mode split percentage is a clear indicator that Miami
Beach is well on its way to becoming a more livable, bikeable, sustainable, and healthier City.
ANALYSIS
It is important that the Mayor's Blue Ribbon Bikeways Committee build upon the City's recent
success and national recognition and continue to advocate for cycling as a sustainable and safe
mode of transportation throughout the City. However, this can best be achieved through the
creation of a permanent and reconstituted Bicycle-Pedestrian Facilities Advisory Committee serving
in an advisory capacity to the City Commission on all matters pertaining to bicycle and pedestrian
mobility in the City.
The short-term goals of a new or reconstituted Bicycle-Pedestrian Facilities Advisory Committee will
include the following:
• Interacting with schools, business entities, communities, and residents to raise bicycle-
pedestrian awareness in the City.
• Promoting annual Bicycle Day and coordinating family-friendly bicycle events throughout the
year, such as Bike Miami Beach, Bike Rides, and other events.
• Advocating for future bicycle-pedestrian improvements in the City at the regional level
through involvement in the Miami-Dade Metropolitan Planning Organization (MPO)
transportation planning process via the MPO Bicycle-Pedestrian Advisory Committee.
• Becoming more engaged in the ongoing update of the Atlantic Greenway Network
(AGN)/Bicycle Master Plan to promote the use of alternative and sustainable forms of
transportation throughout the City.
Furthermore, the Bicycle-Pedestrian Facilities Advisory Committee should work closely with the
League of American Bicyclists. The League of American Bicyclists is a non-profit membership
organization which promotes cycling for fun, fitness, and transportation through advocacy and
education. The League is one of the largest membership organizations of cyclists in the United
States and provides incentives, hands-on assistance, and award recognition for communities that
actively support bicycling. It is important that the City, through the Bicycle-Pedestrian Facilities
Advisory Committee, engage and foster a partnership with the League.
Upon approval of this item and further direction by the Commission, the Administration will present
an Ordinance on creating a Committee entitled the Bicycle-Pedestrian Facilities Advisory Committee
for City Commission approval at the Commission meeting on February 6, 2013.
CONCLUSION
By becoming a permanent City Committee serving in an advisory capacity to the City Commission,
the Bicycle-Pedestrian Facilities Advisory Committee can accomplish the goals set forth by the City
Commission and make a difference at the local level by advocating, at a regional and national level,
for a more pedestrian and bike-friendly Miami Beach.
KGB/JGG/FHB/JJF JRVISJ JRG
T:\A.GENDA\2013\January 16\Changing the Mayor's Blue Ribbon Bikeways Committee To a Permanent Committee, Entit!ed Bicycle-
Pedestrtan Facilities Advisory Committee MEMO.doc
249
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE CHANGING THE
MAYOR'S BLUE RIBBON BIKEWAYS COMMITTEE TO A PERMANENT
COMMITTEE, ENTITLED BiCYCLE-PEDESTRIAN FACILITIES ADVISORY
COMMITTEE.
WHEREAS, the Mayor's Blue Ribbon Bikeways Committee was established to promote
the use of bicycles as a viable and sustainable mode of transportation in the City and to review,
coordinate and promote better and safer bicycling and bicyde facilities throughout the City for
residents and tourists alike; and
WHEREAS, the Mayor's Blue Ribbon Bikeways Committee's objectives are to provide
input on the City's bicycle infrastructure plans/projects and to ensure the safety and mobility of
bicyclists traveling in the City, both for recreational and commuter purposes; and
WHEREAS, the City has recently made great strides in welcoming bicyclists by providing
safe accommodations for cycling and encouraging people to bike for transportation and
recreation; and
WHEREAS, it is important that the Mayor's Blue Ribbon Bikeways Committee build upon
the City's recent success and national recognition and continue to advocate for cycling as a
sustainable and safe mode of transportation throughout the City at a local, regional, and national
level; and
WHEREAS, this can best be achieved through the creation of a permanent and
reconstituted Bicycle-Pedestrian Facilities Advisory Committee serving in an advisory capacity to
the City Commission on all matters pertaining to bicycle and pedestrian mobility in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the
recommendation of the Neighborhoods/Community Affairs Committee changing the Mayor's Blue
Ribbon Bikeways Committee to a permanent committee, entitled Bicycle-Pedestrian Facilities
Advisory Committee.
PASSED AND ADOPTED this 16th day of January, 2013.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Cferk
APPROVE~S TO FORM,
AND LANGU~E, AND FOR EXECUTION
\
\\
City Attorney Date
T:\AGENDA\2013\January 16\Changing the Mayor's Blue Ribbon Bikeways Committee to a perman t co
Bicycle·Pedestrian Facilities Advisory Committee· RESO.docx ··
//
I ~ l._.......--/
250
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting A
Utility Easement From And Vacating A Portion Of A Utility Easement To William Goldsmith, Owner Of
The Property Located At Lot 9 Of Block 2H Of The Third Revised Plat Of Sunset Islands, For The
Construction, Installation, Maintenance, Repair, And Replacement Of Stormwater Piping.
Ke Intended Outcome Su orted:
I!:!Jprove storm dr~inage city~ide, ?nd m~.i_ntain the City's infrastructure. -·
jSUP£2!:!ing Da!!_jfulrveys, Environmental Scan, ~!c.): ... ..--__,
LP£9~n~~!2a~~~~~e~:~t ~~~~~~:ion Survey indicated th~t 37% of res:den~.~ and _busin~~ses rated ~~_:)
Item Summary/Recommendation:
On July 13, 2011. the City Commission pursuant to Invitation to Bid (ITB) 27-10/11, approved the
award of a construction contract to David Mancini & Sons, Inc. (DMSI) for the construction of the City
of Miami Beach Right-of-Way Infrastructure Improvement Program Neighborhood No. 8E Bayshore.
Sunset Islands I & II project in the amount of $5,611,041. On December 12, 2011, DMSI was issued
the second Notice to Proceed, allowing commencement of construction activities on January 11,
2012. As of December 30, 2012 the project is at 84% of completion.
The stormwater improvements approved for the project include the repair and lining of a 1 0-inch
outfall pipe within an existing easement on Lot 9 of Block 2H of the Third Revised Plat of Sunset
Islands (the Property). After the repair needs were assessed, it was deemed more feasible to replace
the outfall piping. Once the decision was made to replace the outfall piping, lt became an opportune
time to upsize the outfall from 10 inches to 18 inches.
ln order to save a 40~foot royal palm, install a manhole inside the property limits, and connect to the
existing pollution control structure already installed within the right"of-way, it will be necessary to divert
the path of the proposed pipe from the existing location. As a result, the City needs additional
easement area and can vacate a portion of the existing easement that will no longer be needed.
Stormwater piping replacement in the new easement was budgeted and will be funded by Capita!
Improvements Project Bayshore Neighborhood No. 8E, Sunset Islands 1 & 2 from Fund 431, Storm
Water Bonds 2011.
THE CITY ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Adviso!Y_Board Recommendation: N_/A __ ~
!._-~~ ----·--~· .. ~----~----···~-----~-~--·-------~----_j
Financial Information: N/A
---·---------···~-----··--··------·-
City Clerk's Office f:..egi~lative I!ack_~~----------------·~--·---·······~----L FH!?IRW?..!. Pub_~9 Works 656§ _j
Si n-Offs:
Department Direc Assistant City Manager City Manag
FHB JGG ---+-----K:-::-.G::-:B::----BJ~
TIAGENDA\2013\January 6\Bayshore E-Sunset Islands 1 and 2 (Easement)\SUMMARY.docx
MIAMI BEACH 251
AGENDA ITEM
DATE
C?G-
1-/6····-!3
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochf!.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members _/)he City Commission
Kathie Brooks, City Manage/~/----' '
January 16, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM AND
VACATING A PORTION OF A UTILITY EASEMENT TO WILLIAM GOLDSMITH,
OWNER OF THE PROPERTY LOCATED AT LOT 9 OF BLOCK 2H OF THE THIRD
REVISED PLAT OF SUNSET ISLANDS, FOR THE CONSTRUCTION,
INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF
STORMWATER PIPING.
ADMINISTRATION RECOMMENDATION
The Administration recommends approval of the Resolution.
KEY INTENDED OUTCOME
Improve storm drainage citywide, and maintain the City's infrastructure.
FUNDING
Stormwater piping replacement in the new easement was budgeted and will be funded by
Capital Improvements Project Bayshore Neighborhood No. 8E, Sunset Islands 1 & 2 from Fund
431, Storm Water Bonds 2011.
BACKGROUND
On July 13, 2011, the City Commission pursuant to Invitation to Bid (ITS) 27 ~1 0/11, approved
the award of a construction contract to David Mancini & Sons, Inc. (OMS I) for the construction of
the City of Miami Beach Right-of-Way Infrastructure Improvement Program Neighborhood No.
8E Bayshore, Sunset Islands I & II project in the amount of $5,611,041. On December 12,
2011, DMSI was issued the second Notice to Proceed, allowing commencement of construction
activities on January 11, 2012. As of December 30, 2012 the project is at 84% of completion.
The stormwater improvements approved for the project include the repair and lining of a 1 0-inch
outfall pipe within an existing easement on Lot 9 of Block 2H of the Third Revised Plat of Sunset
Islands (the Property). After the repair needs were assessed, it was deemed more feasible to
replace the outfall piping. Once the decision was made to replace the outfall piping, it became
an opportune time to upsize the outfall from 1 0 inches to 18 inches.
252
City Commission Memorandum
Easement at Lot 9 of Block 2H of the Second Revised Plat of Sunset Islands
January 16, 2013
Page2 of2
In order to save a 40-foot royal palm, install a manhole inside the property limits, and connect to
the existing pollution control structure already installed within the right-of-way, it will be
necessary to divert the path of the proposed pipe from the existing location. As a result, the City
needs additional easement area and can vacate a portion of the existing easement that will no
longer be needed (Attachment).
ANALYSIS
Should the Amended Easement be approved, the City will be able to save a 40-foot-tall royal
palm tree, and improve the existing condition of the current infrastructure. As such, the
Amended Easement will be a contribution the City's commitment to be a more sustainable and
greener municipality and to improve storm drainage citywide.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the resolution
Attachment:
Sketch and legal description of drainage easement to be vacated and easement
to be accepted
JGG/FHB/JJF/RWS/DEF
T:\AGENDA\2013\January 16\Bayshore E-Sunset Islands 1 and 2 (Easement)\Memo.docx
253
Attachment
SKETCH TO ACCOMPANY LEGAL DESCRIPT'ION
DRAINAGE EASEMENT TO BE CLOSED AND VACATED
! t
I
re g,
·~
I
\
' ~ __ W. 25th ST.
EAST:;-,;g:--f.-P.O.B .. --------~ -·---{f--
5.46' FROM N.W. CORNER OF LOT 6
N w: COHNI:~t; P.B. 40, PG. 8
EAST-5.00'
SOUTh' RIGHT OF HAY LiNE
Q.t:: 75'"06'06"_~~'
L~J9.77
DRJ..INAGE EASEMENT
TO BE DEDICATED
CANAL
£"~S1 ~ i'OO.OOI
LlNE OF LOT 6
EllST ·~ 100.00'
JOOOO'
lOD.OO'
N
~ ~
tu SCALE 1"=30' SHEET 1 OF 2 SHEETS
~~------,---~~~--~~--~~~~----~----~------------~~----~--~~~~~-i iii C P 7 P C/' P C".. _/7 t /7 REVISiONS a -t-c:::=.>e/uv& lee -c::.:::JiziJ..Jein c::.;r C7TJ...J..oeia e::.r~ Line. ~ LAND SURVEYORS-ENGINEERS-LAND PlANNERS --3240 CORPORATE WAY-MIRAMAR, FL 33025
ffi PHONE No.(954)435-7010 FAX No. (954)438-3288 ~ ORDER NO. 200707 -·-PREPARED UNDER MY SUPE.'?V!SION:
~ DATE:: _1U0~6c.t../.!..t.12,__ __
i:l THIS IS NOT A " BOUNDARY SURVE:Yn RONALD A FRITZ ASSISTANT VIC£ -PRESIDENT
f.J CERTIFICATE OF AUTHORIZATION No, LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 ~~------~--------------------------------------------------------_.------------~
254
[
3
~
i
I
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
DRAINAGE EASEMENT TO BE CLOSED AND VACATED
A PORTION OF LOTS 9 AND 6, BLOCK 2H, (ISLAND NO. 2), JRD REVISED PLAT OF SUNSET ISLANDS, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 40, AT PAGE 8, OF THE PUBLIC RECORDS OF MIAMI-DAD£ COUN7Y,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST COi?NER OF SAID LOT 6; THENCE RUN EAST, ALONG THE NORTH LINE OF SAID LOT 6, ALSO
BEING THE SOUTH RfGHT-OF-WAY OF W 25th STREET, FOR 5.00 FEET; THENCE SOUTH, ALONG A LINE THAT IS 5.00
FEET EAST OF AND PARALLEL WITH THE WEST UN£ OF SAID LOT 6, FOR 23.84 FEET (SAID LAST DESCRIBED COURSE
BEING COINCiDENT WITH THE EAST LINE OF A 10 WIDE FOOT D.RAfNAG£ EASEMENT AS SHOWN ON SAID PLAT OF 3RD
REVISED PLAT OF SUNSET ISLANDS); THENCE NORTH 19 D£Gl?EES 36 MINUTES 05 SECONDS WEST FOR 25.31 FEET TO
A POINT ON THE NOl?TH LIN£ OF SAID LOT 9, ALSO BEING THE SOUTH RIGHT-OF-WAY OF W 25th STREET,· THENCE
EAST, ALONG SAID RIGHT Of WAY LINE, FOR 3.49 FEU TO THE POINT OF BEGINNING.
LYING AND BEING IN SECTION 28, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI-DAD£ COUNTY,
FLORIDA.
NOTES:
1) BEARINGS SHOWN HEREON REFER TO AN ASSUM[D BEARING OF EAST ALONG THE NOl?T/i LINE OF SAtO LOT 6
2) ORDERED BY: CiTY OF MIAMI BEACH
3} AUTHENTIC COPIES OF THIS SKUCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE
A TTEST!NG PROFESSIONAL LAND SURVEYOR.
r-----------~------------------------------------~
LEGEND:
R/W~ DENOTES RIGHT-OF-WAY LINE
----f-DENOTES CENTER LINE
P.B. DENOTES PLAT BOOK
PG. DENOTES PAGE
P.O.B. DENOTES POINT OF BEGINNING
D DENOTES DELTA
R DENOTES RADIUS
L DENOTES ARC LENGTH
~--------·--------------------------------------, CANAL
CANAL
N
AREA OF
SUBJECT
EASEMENT I LOCATION MAP ! SCALE = N. T.S.
~ SECTION 28, 70WNSHIP 53 SOUTH, RANGE 42 EAS SHEET 2 OF 2 SHEETS
~~------T----=~~--~~---=~--~---------=------------~~~~~~~~~~--1 ~ 1 cSc:Jht.SJEbke---\hi:ikt12 0 c::715-::tOC!tafe::L_. £hze. ,~:?£VISIONS
~ t lAND SURVEYORS-ENGINEERS-LAND PlANNERS -3240 CORPORATE WAY-MiRAMAR, FL 33025 -------···----···---~·
~ PHONE No.(954)435-70i 0 FAX No. (954 )4,38-3288
~ ORDER NO. 200707 PREPARED UNDER MY SUPERVISiON: --~-------------.. -..... "' '~ DATE:: __12L!2§L'-'-1_.,2 __ _
\\' liJ THIS IS NOT A " BOUNDARY SURVEY" RONALD A. FRITZ ASSISTANT VICE -PRESIDENT ..... ·------··-----·---
~ CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYO.R No. 2767 ~L-------~------------------------------------------------------~----------~
255
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
DRAINAGE EASEMENT TO BE DEDICATED
' ~, W. 25th ST.
WE;r~__f£-P.o.E~ --------~ ----{f--
WEST-0.46 P.B. 40, PG. 8
P.O.~~ N.E. CORNER OF LOT 9
!?=7" oo·
D."' 1/:;'dB'OS'"
R::15.00'
D=6'45'4.J"
Lo::8.85'
S19'J6'05"E-27.69'
DRAINAGE EASEMENT
TO BE DEDICATED
NORTH-25.57'
6,!:'.93'
SCALE 1 "=JO'
EAST -
CANAL
256
100.00'
1 (/() uo 700.00 ~
SI-!EET
N
;,;
!
!
l!l
~ I
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
--~-~ ~ -
DRAINAGE EASEMENT TO BE DEDICATED
A PORTION OF LOT 9, BLOCK 2H, {ISLAND NO. 2), JRD REVISED PLAT OF SUNSET ISLANDS, ACCORDING TO THE PLAT
THEREOF. AS RECORDED IN PLAT BOOK 40, AT PAGE 8, OF THE PUBLIC RECORDS OF MIAMI-DAD£ COUNTY, FLORIDA,
BEING MORE PART/CULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE RUN WEST FOR 5.0D FEET TO THE POINT OF
BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE CONTINUE WEST FOR 0.46 FEET TO A POINT OF
CURVATURE; THENCE NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE RIGHT; HAVING A RADIUS OF 75.00 FEET AND
A CENTRAL ANGLE OF 06 DEGREES 45 MINUTES 43 SECONDS FOR AN ARC DISTANCE OF 8.85 FEET TO A POINT ON
SAID CURVE {TiiE lAST MENTiONED THREE COURSES BEING ALONG THE NORTH LINE OF SAID LOT 9, ALSO BEING THE
SOUTH RIGHT-OF-WAY OF W. 25th STREET}; THENCE SOUTH 19 DEGREES 36 MINUTES 05 SECONDS EAST FOR 27.69
FEET TO A POINT ON THE WEST LINE OF A 10 FOOT WID£ DRAINAGE EASEMENT AS SHOWN ON SAID PlAT OF JRD
REVISED PLAT OF SUNSET ISLANDS; THENCE NORTH, ALONG A LINE THAT IS 5. 00 FEET WEST OF AND PARALLEL WITH
THE EAST LINE OF SAID LOT 9, FOR 25.57 FEET TO THE POINT OF BEGINNING (SAID LAST DESCRIBED COURSE BEING
COINCIDENT WITH THE WEST LIN£ OF SAID t 0 FOOT WID£ DRAINAGE EASEMENT)
LYfNC AND B£/NG IN SECTION 28, TOWNSHIP 53 SOUTH, RANCE 42 EAST, CITY OF MIAMI BEACH. MIAMI-DADE COUNTY,
FLORfDA.
NOTES:
1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF EAST ALONG THE NORTH LINE OF SAID LOT 6
2} ORDERED BY: CITY OF MIAMI BEACH
3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE
ATTESTING PROFESSIONAL LAND SURVEYOR.
r--------------------------------------------------.
LEGEND:
·.R/W DENOTES RIGHT-OF-WAY LINE
·'"·f. .. ~-DENOTE..'> CENTER LINE
P.B. DENOTES PlAT BOOK
PG. DENOTES PAGE
P. 0.8. DENOTES POINT OF BEGINNING
D DENOTES DELTA
R DENOTES RADIUS
L DENOTES ARC LENGTH
~===================-=-==============~ !
I
AREA OF
SUBJECT
EASEMENT
CANAL
CANAL
~ LOCATION MAP ~ SCALE = N. T.S.
:u SECTION 28, TOWNSHIP 53 SOUTH, RANGE 42 EAS SHEET 2 OF 2 SHEETS ~~------T---~~~--~~---=~--~---------=------------~~-----r--~~~~--~ ~ -t .d-:::hu:rebke-dhi:£kin 5 c71::!.:!0CtClf£:£_. £/nc. REVISIONS
~ LAND SURVEYORS-ENGINEERS-LAND PlANNERS -3240 CORPORATE WAY-MIRAMAR, FL 33025 ---~-----~--·~-
:?, PHONE No.(954)435-·7010 FAX No. (954)438-3288
~ ORD£.1{ NO. 200707 PREPARED UNDER MY SUPE.'MS!ON: ····--~---·-········-
" DATE: 12 /"'-'06"'-/-'-'12.____ __ _ ~ __!..:f;./_;_ __
"' THIS f$ NOT A " BOUNDARY SURVEY" RONALD A FRITZ ASSISTANT ViCE-PRESIDENT .~-·~··· ··~·----~--.. •······· ~~------~-c~m_n~A~~-~~or_A_u_rn~o-mz~A_no_N_N_o_. L-B--8~7------~-oR_ID_A_P_Ro_A_o_~_o~_L __ ~_~_)_su_R_v~_o_R_N_o._2_7_67--~------------•
257
RESOLUTION TO BE SUBMITTED
258
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach Florida authorizing the City
Manager to issue a Certification of Consistency with the City's FY 2008-2012 Consolidated Plan to
Douglas Gardens Community Mental Health Center of Miami Beach, Inc. for their Starting Again
Project; further authorizing the City Manager to execute any subsequent Certifications of Consistency
with the City's FY 2008-2012 Consolidated Plan.
Key Intended Outcome Supported:
To reduce the number of homeless persons in Miami Beach.
Supporting Data (Surveys, Environmental Scan, etc.):
Based on the 2011 Community Satisfaction Survey, 43.6% of residents and 31.6% of businesses
ranked the City's ability to address homelessness as excellent and good.
Item Summary/Recommendation:
Douglas Gardens Community Mental Health Center of Miami Beach, Inc. requested a Certification of
Consistency with the City's FY 2008-2012 Consolidated Plan for their Starting Again Project. In
accordance with the Consolidated Plan adopted by the City, each request for Certification of
Consistency with the Consolidated Plan requires City Commission review and approvaL It is
recommended that the City Commission approve and authorize the City Manager to issue a
Certification of Consistency with the City's Consolidated Plan; further authorizing the City Manager to
execute any subsequent Certifications of Consistency with the City's Consolidated Plan for the
aforesaid Project.
---------------~~~~
I
Advisory Board Recommendation:
[ N/A
j
Financial Information:
Source of
Funds:
D
OBPI
Financial lmpa
1
2 -l
' 3 I I Total l ! . .
ct Summary:
-
Amount
Clerk's Offi~e legislative Tracking:
Anna Parekh x7260
MIAMI BEACH
I ~
I
i
1
I
I
259
-·-
..
Account
AGENDA ITEM _C_' 7~1-/'-:-
DATE f-f6 -/j
\•
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Fiorida 33139, www.miomibeachfLgov
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager ;f'~-I
January 16, 2013 / f....__..-.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MJAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ISSUE A
CERTIFICATION OF CONSISTENCY WITH THE CITY'S FY 2008-2012 CONSOLIDATED
PLAN TO DOUGLAS GARDENS COMMUNITY MENTAL HEALTH CENTER OF MIAMI
BEACH, INC. FOR ITS STARTING AGAIN PROJECT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY SUBSEQUENT CERTIFICATIONS OF CONSISTENCY
WITH THE CITY'S CONSOLIDATED PLAN FOR RENEWAL APPLICATIONS OF FUNDING
FOR THE AFORESAID PROJECT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The U.S. Department of Housing and Urban Development (HUO) requires that applicants for funding
obtain and submit a Certification of Consistency with the Consolidated Plan from the entitlement
jurisdiction where the activity is to be located for each application. The Plan is a five (5) year planning
document required by HUO, whereby an entitlement community, through a collaborative process,
establishes a unified vision for community development and housing activities. It offers local jurisdictions
the opportunity to shape the various housing and community development programs into effective,
coordinated neighborhood and community development strategies. The Plan is also the means to meet
the application requirements for HUD's CDBG, HOME and Homeless programs. The City of Miami
Beach Commission adopted its Consolidated Plan (Plan) on July 16, 2008. The Plan is in effect through
September 30, 2013.
A jurisdiction's certification that an application is consistent with its Consolidated Plan means that the
proposed activities are consistent with the jurisdiction's Plan, and the location of tl1e proposed
activity(ies) is consistent with the geographic areas specified in the Plan. The jurisdiction must provide
the reasons for any denial when it fails to provide a Certification of Consistency.
On December 3, 2012, the Miami-Dade County Homeless Trust (Trust) issued a Notice of Funding
Availability (NOFA) RFA On December 17, 2012, Douglas Gardens Community Mental Health Center of
Miami Beach, Inc. requested a Certification of Consistency with the City's Consolidated Plan in order to
apply for funding for the following project :
• Starting Again-Scattered Site Supportive Housing Program to provide housing and supportive
services to formerly homeless persons
This project includes initiatives and efforts, such as preventing homelessness, outreach/assessment,
emergency services, transitional housing, and helping homeless persons (especially any persons that
are chronically homeless) make the transition to permanent housing and independent living.
260
Certificate of Consistency for Douglas Gardens
1116/13
Page 2 of2
The project is consistent with the City's Consolidated Plan and is eligible for funding. It is recommended
that the City Manager be authorized to execute any future Certifications of Consistency for renewal
funding for this project.
CONCLUSION
The Administration recommends adoption of the attached Resolution of the Mayor and City
Commission of the City of Miami Beach, Florida, approving and authorizing the City Manager to
issue a Certification of Consistency with the City's FY 2008-2012 Consolidated Plan to Douglas
Gardens Community Mental Health Center for their Starting Again Project: further authorizing the
City Manager to execute any subsequent Certifications of Consistency with the City's Consolidated
Plan for the aforesaid Project
\ \ ., '
KGB/~~~ /BG
261
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO ISSUE A CERTIFICATION OF CONSISTENCY WITH THE CITY'S
FY 2008~2012 CONSOLIDATED PLAN TO DOUGLAS GARDENS COMMUNITY
MENTAL HEALTH CENTER OF MIAMI BEACH, INC. FOR ITS STARTING AGAIN
PROJECT: FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
SUBSEQUENT CERTIFICATIONS OF CONSISTENCY WITH THE CITY'S
CONSOLIDATED PLAN FOR RENEWAL APPLICATIONS OF FUNDING FOR THE
AFORESAID PROJECT.
WHEREAS, on July 16, 2008, the Mayor and City Commission adopted the City of Miami
Beach Consolidated Plan for Fiscal Years 2008 through 2012 (Consolidated Plan); and
WHEREAS, the Miami-Dade County Homeless Trust (Trust) issued a Request for
Applications for inclusion in the application to be submitted by the Miami*Dade County Continuum of
Care for the 2012 USHUD Notice of Funding Availability (NOFA) for the Continuum of Care Program
Competition; and
WHEREAS, US HUD requires applicants to submit a Certification of Consistency with the
Consolidated Plan from the entitlement jurisdiction where the proposed activity is located; and
WHEREAS, the Douglas Gardens Community Mental Health Center of Miami Beach, Inc. is
applying for funding for its Starting Again Project; and
WHEREAS, the Certification of Consistency, once issued, will be submitted to the Trust as
part of its funding application to HUD for award of funds for the Proposed Project: and
WHEREAS, the proposed activities of the Starting Again Project are eligible for funding.
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 authorize the City
Manager to issue a Certification of Consistency with the City's Consolidated Plan to Douglas
Gardens Community Mental Health Center of Miami Beach, Inc.'s Starting Again Project to be
submitted by Douglas Gardens Community Mental Health Center of Miami Beach, Inc. to the Miami-
Dade County Homeless Trust and further authorizing the City Manager to execute any subsequent
Certificates of Consistencies with the City's Consolidated Plan for funding for the aforesaid project
PASSED AND ADOPTED this_ day of _____ , 2013.
ATTEST:
CITY CLERK MAYOR
262
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution setting a public hearing, pursuant to Section 118~262 of the City Code, to review the Design
Review Board order relative to ORB File No. 22889 rendered on October 8, 2012 requested by W. Tucker
Gibbs, PA on behalf of Sunset Islands 3 and 4 Property Owners, Inc. and Olga Lens, as affected persons.
Item Summary/Recommendation:
Pursuant to City Code Section 118-262, W. Tucker Gibbs, PA on behalf of Sunset Islands 3 and 4 Property
Owners, Inc. and Olga Lens, as affected persons, is requesting a review of the Design Review Board
decision rendered on October 8, 2012 (ORB File No. 22889) pertaining to the approval of a 5~story, mixed~
use development project located at 1201-1237 201
h Street-Palau at Sunset Harbour.
The Administration recommends setting the public hearing on March 13, 2013 to review the order of the
Design Review Board pertaining to ORB File No. 22889 (1201-1237 20th Street-Palau at Sunset Harbour).
Advisorv Board Recommendation: ~~---'-.L
Financial Information:
---·----~·J
Account Source of j j Amount I
Funds: 1 · -ti---------~~------------------------_,
I i ;+-
OBPI . rTotal I ---1 ------------~~--------;
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
j Richard Lorber or William Cary
Si n-Offs:
Department Director
/ I
T:\AGENDA\2013\January 16\Pa!au Project qR Fife No. 22889 Appeal-PH~M 1-16·13~docx
"'
MIAMI BEACH 263
AGENDA ITEM
DATE
c·1I
1-lb·~IJ"
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the ?ity C<jrission
Kathie G. Brooks, Interim City Manager _-jf:./1-,f.__ ·
/ I January 16, 2013
SETTING OF THE PUBLIC HEARING
SUBJECT Palau Appeal
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING,
PURSUANT TO SECTION 118u262 OF THE CITY CODE, FOR AN
APPEAL FILED BY W. TUCKER GIBBS, P.A., ON BEHALF OF
SUNSET ISLANDS 3 AND 4 PROPERTY OWNERS, INC. AND
OLGA LENS, OF THE DESIGN REVIEW BOARD'S ORDER
RELATIVE TO ORB FILE NO. 22889 FOR 1201-1237 20TH STREET,
PALAU AT SUNSET HARBOR, AND SETTING SAID PUBLIC
HEARING FOR THE CITY COMMISSION MEETING OF MARCH 13,
2013.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
ANALYSIS
Pursuant to City Code Section 118~262, W. Tucker Gibbs, P.A., on behalf of Sunset
Islands 3 and 4 Property owners, lnc. and Olga Lens, as affected persons, is requesting
a review of the Design Review Board decision rendered on October 8, 2012 (ORB File
No. 22889) pertaining to the approval of a 5-story, mixed-use development project
located at 1201-1237 20 1h Street-Palau at Sunset Harbour.
Section 118-262 of the Miami Beach City Code allows the applicant, the City Manager
on behalf of the City Administration, the Miami Design Preservation League, Dade
Heritage Trust or an 'Affected Person', to seek review of any order of the Design Review
Board by the City Commission. For purposes of Section 118·262, an "affected person"
shall mean either:
(i) a person owning property within 375 feet of the applicant's project reviewed by
the board, or
(ii) a person that appeared before the design review board (directly or
represented by counsel), and whose appearance is confirmed in the record of the
design review board's public hearing(s) for such project.
It appears from the appellants appeal memo that the definition of 'affected person' has
been satisfied.
264
Commission Memorandum
Palau Appeal-Setting Public Hearing
January 16, -~01_3 ______ ~ Page 2 of 2
Also pursuant to Section 118-262 of the Miami Beach Code, the review by the City
Commission is not a "de novo" hearing and it must be based upon the record of the
hearing before the Design Review Board. Furthermore, Section 118-262 (b) states the
following:
In order to reverse, or remand for amendment, modification or rehearing any
decision of the Design Review Board, the City Commission shall find that the Design
Review Board did not do one of the following:
1) provide procedural due process;
2) obsetve essential requirements of law; or
3) base its decision upon substantial, competent evidence.
In order to reverse or remand a decision of the ORB, a 5f7 1h vote of the City Commission
is required.
CONCLUSION
The Administration recommends setting the public hearing on March 13, 2013 to review
a decision of the Design Review Board pertaining to ORB File No. 22889 for the
proposed development project at 1201-1237 201h Street-Palau at Sunset Harbour.
~(,.
KGB/JGG/RGL:trm
T:\AGENDA\2013\January 16\Pa!au Project DRB File No. 22889 Appeal-PH MEMO 1-16-13,docx
265
W. TUCKER GIBBS, P.A.
Decerr~er 28, 2012
ATTORNEY AT LAW
P.O. BOX 1050
COCONUT GROVE FL 33133
TELEPHONE {305) 448·8486
FACSIMILE (305) 448·0773
tucker@wtgibbs.com
Rafael E. Granado, City Clerk
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Request for City Commission Review.
Palau Sunset Harbor, DRB File 22889
Dear Mr. Granado:
2012 DEC 28 PH 3: 4 9
CMB PLANNING DEPT
VIA HAND DELIVERY
On behalf of my clients Sunset Islands 3 and 4 Property
Owners, Inc.1 and Olga Lens, and pursuant to section 118-262
of the city's land development regulations, enclosed for
filing is the attached request for city commission review of
the Design Review Board Decision regarding the Palau Sunset
Harbor development (DRB File 22889). Also enclosed is a
check for the applicable filing fee ($860.00).
I a~ available to answer any questions you may have
regarding this filing.
Sincerely,
lY~~s
cc: Acting Planning Director Richard Lorber
City Attorney Jose Smith
First Assistant City Attorney Gary Held
Terry Bienstock
Olga Lens
266
BEFORE THE MIAMI BEACH CITY COMMISSION
DESIGN REVIEW BOARD FILE 22Ssj:CEiVED
2012 OEC 28 PH 3: lJ 9
IN RE: PALAU SUNSET HARBOR .
All of Lots 22, 23, and 24, and the north 70 feett.:6f8 PLANNING DEPT
Lots 25 and 26, Block 15A, Island View Addition
According to the Plat Thereof as Recorded in Plat
Book 9, Page 144 of the Public Records of1vfiami-
Dade County
1201-123 7 20th Street, Miami Beach, Florida
33139
------------------------------~1
REQUEST FOR CITY COMMISSION REVIEW OF
DESIGN REVIEW BOARD DECISION
The Sunset Islands 3 and 4 Property Owners, Inc. ("Sunset") and Olga
Lens ("Lens'') (collectively "neighbors"), pursuant to section 118-262, City
of Miami Beach Land Development Regulations, requests that the City of
Miami Beach City Commission ("commission") review the decision of the
Miami Beach Design Review Board ("DRB") to grant the application for
design review approval for the Palau Sunset Harbor development (DRB File
No. 22889). The neighbors request that the commission reverse that DRB
decision, or in the alternative, remand the matter back to the DRB with
instructions for review consistent with the requests herein.
1. Sunset represents its members who property owners on both
Sunset Island 3 and Sunset Island 4 across the waterway from the proposed
Palau development site. Its members include property owners within 375~
feet of the site.
1
267
2. Lens owns the property at 2000 North Bay Road, across Sunset
Drive from and within 375-feet of the proposed Palau development site.
3. On August 7, and October 2, 2012, the DRB held a publicly
noticed, quasi-judicial hearing and reviewed the application for design
review approval for the Palau Sunset Harbor development (DRB File No.
22889) ("Palau development").
4. At that hearing the neighbors appeared before the Design Review
Board
5. On October 8, 2012, the board rendered its order granting design
review approval to the Palau pursuant to design review criteria set forth in
section 118-251 of the Miami Beach Land Development Code and subject to
conditions set forth therein.
6. On October 23, 2012, the Sunset and another entity petitioned the
DRB to rehear the matter pursuant to section 118-261.
7. On December 4, 2012, with only four of the seven members
present, the DRB considered the petition for rehearing:
a. The DRB considered and denied a motion to continue the
hearing by a 2-2 tie vote.
b. Without hearing argument or testimony and without any
presentation of evidence the DRB considered and denied a
motion to deny the petition for rehearing by a 2-2 tie vote.
2
268
c. There were no further motions. Therefore, the DRB
counsel interpreted the DRB Rules to detennine that the
last decision of the DRB shall stand and the request for
rehearing be denied even though there was not a majority
vote for such denial of the rehearing.
8. The DRB Order denying the rehearing was rendered on
December 10,2012.
9. The DRB consideration of this matter was characterized by
procedural errors, and its order fails to show that it correctly applied the
DRB criteria and that its decision was supported by competent substantial
evidence.
10. The neighbors request the city commission to either reverse the
decision of the DRB to approve the Palau development or to remand the
matter to the DRB for it to evaluate the Palau development consistent with
the requests herein.
11. While there are other procedural (for example: the erroneous
preclusion of Sunset's expert witness at the DRB hearing), and application
of law matters at issue in this request for review, the neighbors also assert
the following:
a. The failure to disclose ex -parte communications pursuant
to sections 2-511 through 513 of the city code is a failure
3
269
to provide procedural due process and a failure of the DRB
to observe the essential requirements of law in its
evaluation of the Palau development application.
b. The failure of the DRB to evaluate the elimination and/or
diminution of four view corridors pursuant to section 118~
251(a) (12), is a failure to observe the essential
requirements of law.
c. The failure of the DRB to evaluate the application
consistent with the historic designation report of the Sunset
Islands Bridges pursuant to section 118-25l(a) (6), is a
failure to observe the essential requirements of law.
F AlLURE TO DISCLOSE EX .pARTE COMMUNICATIONS AS
REQUIRED BY SECTIONS 2-511 THROUGH 2~513
OF THE CITY CODE
12. Section 2~ 511 defines a prohibited ex parte communication as
any written or oral communication with any member (of a city quasi-judicial
board], which may directly or indirectly influence the disposition of an
application, other than those made on the record during a public hearing.
13. Section 2-512(a) establishes a procedure "for all ex-parte
communication" with a board member of a quasi-judicial board such as the
Design Review Board. Section 2-512(a)(l) requires that "[t]he subject
4
270
matter of any ex-parte communication, together with the identity of the
person, group or entity with whom the communication took place, shall be
disclosed and made a part of the record on file with the city prior to final
action on the matter. H
14. Section 2-512(a)(4) requires that ''[a]ny ex-parte communication
or activity regarding a pending quasHudicial matter and not physically made
a part of the record on file with the city and available for public inspection
prior to the public meeting on the matter shall be orally stated and disclosed
on the record at the public meeting prior to the vote on the matter ... "
15. Based on information and belief, prior to the Design Review
Board's hearings on the Palau matter (August 7, and October 2, 2012)
representatives of the applicant Palau Sunset Harbor, LLC, met with and
communicated with a member or members of the Design Review Board
regarding the disposition of the Palau application.
16. No disclosure has been made of the subject matter of this
communication, or the identity of the person, group or entity with which the
communication took place.
17. According to section 2-512(b) without such disclosure a
presumption of prejudice arising from that/those ex-parte communication(s)
remains attached to that communication. These non-disclosed ex -parte
corrununications and the attached presumption of prejudice effectively
5
271
impacted the neighbors' ability to obtain a fair hearing and denied them
procedural due process. Furthermore this direct violation of the city code is a
failure of the DRB to observe the essential requirements of law.
FAILURE TO EVALUATE THE ELIMINATION AND/OR
DIMUNITION OF FOUR VIEW CORRIDORS
PURSUANT TO SECTION 118 .. 251(A) (12)
18. Section 118-25l(a) requires the DRB to include the examination
of architectural drawings for consistency with specific criteria with regard to
the aesthetics. appearances, safety, and function of the proposed structure
"and physical attributes of the project in relation to the site, adjacent
structures and surrounding community."
19. Section 118-251(a) (12) states: "The proposed structure has an
orientation and massing which is sensitive to and compatible with the
building site and surrounding area and which creates or maintains
important view corridor(s).'' Emphasis added.
20. There is no indication in the staff recommendations, or the final
order of the Design Review Board that shows that the proposed Palau
building has an orientation and massing that "creates or maintainsn
important view corridors.
21. The orientation and massing of the Palau building eliminates
four existing view corridors: (1) the existing West Avenue view corridor to
6
272
the waterway that extends between the World Bank property and the Sunset
Harbor Townhomes~ and (2) the existing view corridor to the waterway that
extends between the World Savings building and the existing incomplete
structure to its east~ (3) the existing view corridor to the waterway that
extends between the existing incomplete structure and the Mark's Cleaners
building to the east; (4) the existing view corridor along Sunset Drive, from
20th Street to the historic Sunset Islands Bridge.
22. Furthermore, the orientation and massing of the proposed Palau
building diminishes the existing view corridor along Sunset Drive, from 20th
Street to the historic Sunset Islands Bridge.
23. The failure of the board to apply correctly section 118-251(a)
(12), which requires the orientation and massing of the structures to "create
or maintain important view corridors,'' is a failure to observe the essential
requirements of law.
24. The failure of the applicant and city staff to present evidence to
the board that the Palau development meets the specific requirements of
section 118-251(a) (12) --that the orientation and massing of the structures
creates or maintains important view corridors --is a failure to present
competent substantial evidence to the DRB to support its decision that the
Palau development is consistent with that standard.
7
273
FAILURE TO EVALUATE THE APPLICATION CONSISTENT
WITH THE ffiSTORIC DESIGNATION REPORT OF THE SUNSET
ISLANDS BRIDGES PURSUANT TO SECTION 118-25l(A) (6)
25. Section 118-251(a) requires design review to include the
examination of architectural drawings for consistency with specific criteria
with regard to the aesthetics, appearances, safety, and function of the
proposed structure "and physical attributes of the project in relation to the
site, adjacent structures and surrounding community."
26. Section 118-251(a) requires design review to include the
examination of architectural drawings for consistency with specific criteria
with regard to the aesthetics, appearances, safety, and function of the
proposed structure "and physical attributes of the project in relation to the
site, adjacent structures and surrounding conmmnity."
27. Section 118-25l(a) (6) states: "The proposed structure, and/or
additions or modifications to an existing structure, indicates a sensitivity to
and is compatible with the environment and adjacent structures, and
enhances the appearance of the surrounding properties." Emphasis
added.
28. The Historic Designation Report for the adjacent historic Sunset
Islands Bridge expressly explains the importance of "sensitive new
construction" which allows a new structure to "blend with its surroundings
8
274
and be compatible with the neighborhood." In defining compatibility with
the adjacent historic Sunset Islands neighborhood, that study addressed
proportion and scale stating "When there is a combination of structural
building types surrounding a project site, scale and proportion of the
buildings closest to the proposed construction should be observed."
29. The failure of the DRB to correctly apply section 118-251(a) (6)
which requires the project to be compatible with its neighbors and "enhance
the appearance of surrounding properties" including the adjacent single-
family neighborhood including the historic bridge structures, is a failure to
observe the essential requirements of law.
30. The failure of the applicant and city staff to present evidence to
the DRB that the Palau development meets the specific requirements of
section 118-251(a) (6) showing that the project is compatible with the
adjacent single-family neighborhood and historic bridge structures as
defined by the Historic Designation Report, is a failure to present competent
substantial evidence to the DRB to support its decision that the Palau
development is consistent with that standard.
31. Furthermore, neighbors seek a waiver and refund of the filing
fees for the rehearing and appeal, both of which would not have been
necessary, had the DRB process been proper to afford them a full and fair
hearing.
9
275
. . . ...
WHEREFORE, Sunset Islands 3 and 4 Property Owners, Inc. and
Olga Lens request:
,i!
1. The Miami Beach City Commission review the decision of the
DRB and reverse or remand this matter to the DRB with
instructions the DRB.
2. The Miami Beach City Commission waive and refund to Sunset
Islands 3 and 4 Property Owners, Inc. the filing fees for the
rehearing and appeaL
10
276
Respectfully Submitted,
W. TUCKER GIBBS, ESQ.
Attorney for Neighbors
Sunset Harbor 3 & 4
Homeowners, Inc
P.O. Box 1050
Coconut Grove, Florida 33133
Tel (305) 448-8486
Fax (305) 448-0773
Email: tucker@wtgibbs.com
~ W. TUC GIBBS
DESIGN REVIEW BOARD
City of Miami Beach, Florida
MEETING DATE:
FILE NO:
PROPERTY:
LEGAL:
INRE:
December 4, 2012
22889
1201-1237 20th Street
All of Lots 22, 23, and 24, and the north 70 feet of Lots 25 and 26 in Block
15A of "Island View Addition" According to the Plat Thereof, as Recorded
in Plat Book 9, Page 144, of the Public Records of Miami-Dade County,
Florida.
A request for a rehearing of a previous final decision of the Design
Review Board, wherein it approved both the construction of a new 5-story
mixed-use building to replace aU existing structures on the subject site, to
be demolished, as well as modifications to a previously approved site
plan.
ORDER
The applicants, MAC SH, LLC, and the Sunset Islands 3 and 4 Property Owners, Inc., filed an
application with the City of Miami Beach Planning Department containing a Petition for
rehearing of a previously issued Design Review ApprovaL
On October 2, 2012, the Design Review Board approved the original application for Design
Review Approval, determining based on the plans and documents submitted with the
application, testimony and information provided by the applicant. and the reasons set forth in the
Planning Department Staff Report, that the project as submitted was consistent with the Design
Review Criteria in Section 118~251 of the Miami Beach City Code, subject to the conditions set
forth in the October 2, 2012 Final Order for the project The Petition for rehearing timely
followed.
The City of Miami Beach Design Review Board held a hearing on Tuesday, December 4, at
which a quorum of the Board was present, taking into consideration the Petition, evidence,
information, testimony and materials presented at the public hearing and which are part of the
file and record for this matter.
Following denial of a motion to continue the hearing (which failed due to a tie vote), and denial
of a motion to deny the Petition for Rehearing (which failed due to a tie vote), there being no
further motions, IT IS HEREBY ORDERED, that the fast decision of the Board shaH stand as the
decision of the Board, and that the request for a rehearing of the subject project is DENIED.
277
Dated this day of
STATE OF FLORIDA ) ) ss
Page 2 of2
Meeting Date: December 4, 2012
ORB Fife No. 22889
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this p,A day of tf?~e/L.. 20/~y Thomas R. Mooney, Design and Preservation Manager,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the Corporation. He is personally known!~
NOTARY PUBLIC
Miami-Dade County, Florida ~
My commission expires: /£,-;?. - / /
Approved As To Form: ~2 //'. j
Legal Department: ~ ( 1 ;i .. /t:J .. ~ 0 I ..:t )
Filed w~h the Clerk of the Design Review Board on I zit(/ I 'Z(l I z. ( "'#--)
F:\PlAN\$DRB\DRB12\DacDRB12\22889-RH Denied Dec12 FO GH.docx
278
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OR Bi< 28317 Pss 268~ ·· 2691; (8P9si
RECORDED 10/17/2012 16:05:33
HARVEY Rlli/Hh CLERK OF COURT
I'IIAI'II-DADE COUNTYP FLORWA
DESIGN REVIEW BOARD
City of Miami Beach, Florida
MEETING DATE:
FILE NO:
PROPERTY:
LEGAL:
lNRE:
October 2, 2012
22889
1201-1237 20th Street-
Palau at Sunset Harbor
All of Lots 22, 23, and 24, and the north 70 feet of Lots 25 and 26 in Block
15A of "Island View Addition" According to the Plat Thereof, as Recorded
in Plat Book 9, Page 144, of the Public Records of Miami-Dade County,
Fiorida.
The Application for Design-Review Approval for the construction of a new
5-story mixed-use building, which will replace all existing structures on the
subject site, to be demolished. The applicant is also requesting Design
Review Board approval for modifications to a previously approved site
plan, which is the subject of a Declaration of Restrictive Covenants in
Lieu of Unity of Title.
ORDER
The applicant, Palau Sunset Harbor, LLC., flied an application with the City of Miami Beach
Planning Department for Design Review Approval.
The City of Miami Beach Design Review Board makes the following FINDINGS OF FACT,
based upon the evidence, information, testimony and materials presented at the pubfic hearing
and which are part of the record for this matter:
A Based on the plans and documents submitted with the application, testimony and
information provided by the applicant, and the reasons set forth in the Planning
Department Staff Report, the project as submitted is consistent with the Design Review
Criteria in Section 118-251 of the Miami Beach Code.
B. The project would remain consistent w\th the criteria and requirements of section 118-
251 if the foHowing conditions are met:
1. The applicant shall comply with City Code section 118-5 by executing and
recording in the public records a unity of title or covenant in lieu, subject to the
279
Page 2 of 8
Meeting Date: October 2, 2012
DRB File No. 22889
approval of the City Attorney, combining the lots comprising the subject property,
before submitting its application for a building permit.
2. The appHcant shall execute and record in the public records of Miami~Dade
County an easement providing for public access between the hours of sunrise
and sunset, over its waterfront walkway, subject to the approval of the City
Attorney, prior to the issuance of a Building Permit for the proposed project.
3. Site plan approval is contingent upon meeting Public Schoo! Concurrency
requirements. Applicant shall obtain a valid School Concurrency Determination
Certificate (Certificate) issued by the Miami~Dade County Public Schools. The
Certificate shaU state the number of seats reserved at each school leveL In the
event sufficient seats are not available, a proportionate share mitigation plan
shaU be incorporated into a tri-party development agreement and duly executed
prior to the issuance of a Building Permit.
4. Revised elevation, site plan and floor plan drawings shall be submitted to and
approved by staff; at a minimum, such drawings shaH incorporate the following:
a. The drive aisle on the north side of the site shaH be reduced from 23'-10''
to 22'-0" in width, and the entire garage structure, along with adjoining
steps to the residential terraces above shaH be setback an additional 1 '-
1 0" from the north property line, and the additional area landscaped in a
manner to be reviewed and approved by staff.
b. The final design and details, including materials, finishes, glazing, railings,
and any architectural projections and features, shall be provided in a
manner to be reviewed and approved by staff.
c. The roof top, including any canopies, and stairwell or elevator bulkheads,
shall be further developed and detailed to include any and all such
elements that may be proposed above the main roof level, and shall be
lowered in height to the extent possible, notto exceed a clear height of 8'-
6" between any finished floor and the underside of the roof slab structure
above, subject to the review and approval of staff. No roof-top elements
that are not explicitly shown on the roof p!ans and elevations presented to
the Board shall be approved at a later date by staff.
d. The final design and details, including landscaping, walkways, fences,
and architectural treatment of west elevation facing the former bank
building, shall be provided, in a manner to be reviewed and approved by
staff.
e. The applicant shail engage a soils engineer to evaluate the former Mark's
Cleaners site for possible chemicals contamination, shall provide such
report to staff, and shall take any and aU necessary action to
decontaminate the site, if necessary.
f. All roof-top fixtures, air-conditioning units and mechanical devices shall
be dearly noted on a revised roof plan and shall be screened from view,
in a manner to be approved by staff.
g. Prior to the issuance of a Certificate of Occupancy, the project Architect
shall verify, in writing, that the subject project has been constructed in
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Page 3 of 8
Meeting Date: October 2, 2012
ORB File No. 22889
accordance with the plans approved by the Planning Department for
Building Permit.
5. A revised landscape plan, prepared by a Professional Landscape Architect,
registered in the State of Florida, and corresponding site plan, shaH be submltted
to and approved by staff. The species type, quantity, dimensions, spacing,
location and overall height of all plant material shaH be clearly delineated and
subject to the review and approval of staff. At a minimum, such plan shaH
incorporate the following:
a. The plaza at the northeast corner of the site shall be further studied and
enlarged to improve its visibility and functionality, and shall be added to
the waterfront walkway easement for public access, subject to the review
and approval of staff.
b. Irrigation, up!ighting and the City's standard bound aggregate system with
fertilization trench may be required for alf street trees located within the
sidewalk, subject to the review and approval of staff.
c. Along the north elevation in the areas where the stairway access to the
first level of residential units is not in conflict with the partially
underground parking, such stairs shaH be relocated to be in-set into the
terraces in order to increase the available landscape area for at~grade
landscaping in the common outdoor area.
d. The applicant shall further study and prepare plans, including cross
sections, for the transition area from the Sunset Isle bridge approach to
the project plaza at the northeast corner of the site. These plans should
also include the public access corridor to the canal wa!k, which may be
required by the County's Shoreline Review Board.
e. A fully automatic irrigation system with 100% coverage and an automatic
rain sensor in order to render the system inoperative in the event of rain.
Right-of-way areas shall also be incorporated as part of the irrigation
system.
f. The utilization of root barriers and/or structural soH, as applicable, shall be
dearly delineated on the revised landscape plan.
g. The applicant shall verify, prior to the issuance of a Building Permit, the
exact location of all backflow preventors and an other related devices and
fixtures; such fixtures and devices shall not be permitted within any
required yard or any area fronting a street or sidewalk. The location of
backflow preventors, siamese pipes or other related devices and fixtures,
if any, and how they are screened with landscape material from the right~
of-way, shall be clearly indicated on the site and landscape plans and
sha!l be subject to the review and approval of staff.
h. The applicant shall verify, prior to the issuance of a Building Permit, the
exact location of all applicable FPL transformers or vault rooms; such
transformers and vault rooms, and all other related devices and fixtures,
shall not be permitted within any required yard or any area fronting a
street or sidewalk. The location of any exterior transformers, and how
they are screened with landscape material from the right-of-way, shall be
281
Page 4 of 8
Meeting Date: October 2, 2012
ORB File No. 22889
clearly indicated on the site and landscape plans and shall be subject to
the review and approval of staff.
i. Prior to the issuance of a Certificate of Occupancy, the Landscape
Architect or the project architect shall verify, in writing, that the project is
consistent with the site and landscape plans approved by the Planning
Department for Building Permit.
6. A!! building signage shall be consistent in type, composed of flush mounted, non-
plastic individual letters and shall require a separate permit No illuminated
signage shall be permitted facing north.
7. The final exterior surface color scheme, including color samples, shall be subject
to the review and approval of staff and shalf require a separate permit
8. A traffic mitigation plan, which addresses ali roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, if
required, shall be submitted prior to the issuance of a Building Permit and the
final buHding plans shall meet aU other requirements of the land Development
Regulations of the City Code.
9. Manufacturers drawings and Dade County product approval numbers for atl new
windows, doors and glass shall be required, grior to the issuance of a building
permit.
10. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly
noted on a revised roof plan and shall be screened from view, in a manner to be
approved by staff.
11. All new and altered elements, spaces and areas shall meet the requtrements of
the Florida Accessibility Code {F AC),
12. The applicant may be required to submit a separate analysis for water and sewer
requirements, at the discretion of the Public Works Director, or designee. Based
on a preliminary review of the proposed project, the following may be required by
the Pubfic Works Department:
a. A traffic and neighborhood impact study shall be conducted as a means
to measure a proposed development's impact on transportation and
neighborhoods. The study shall address afi roadway Leve! of Service
{LOS) deficiencies relative to the concurrency requirements of the City
Code, and if required, shall be submitted prior to the issuance of a
Building Permit. The final building plans shaH meet all other requirements
of the Land Development Regulations of the City Code. The developer
shall refer to the most recent City of Miami Beach's Traffic and
Neighborhood Impact Methodology as issued by the Public Works
Department.
b. Remove/replace sidewalks, curbs and gutters on all street frontages, if
applicable, Unless otherwise specitred, the standard color for city
sidewalks is red, and the standard curb and gutter color is gray.
c. Mill/resurface asphalt in rear alley along property, if applicable,
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Meeting Date: October 2, 2012
ORB Flle No. 22889
d. Provide underground utility service connections and on-site transformer
location, if necessary.
e. Provide back-flaw prevention devices on all water services.
f. Provide on-site, self-contained storm water drainage for the proposed
development.
g. Meet water/sewer concurrency requirements inciuding a hydraulic water
model analysis and gravity sewer system capacity anaiysis as determined
by the Department and the required upgrades to water and sewer mains
servicing this project.
h. Payment of City utility impact fees for water meters/services.
i. Provide flood barrier ramps to underground parking or minimum slab
elevation to be at highest adjacent crown road elevation plus 8".
j. Right-of-way permit must be obtained from Pubfic Works.
k. Atl right-of-way encroachments must be removed.
I. All planting/landscaping in the public right·of-way must be approved by
the Public Works and Parks Departments.
13. The Applicant agrees to the following operational conditions for all permitted uses
and shall bind itself, lessees, permittees, concessionaires, renters, guests, users,
and successors and assigns and an successors in interest in whole or in part to
comply with the following operational and noise attenuation requirements and/or
limitations. The applicant shall ensure through appropriate contracts,
assignments and management rules that these restrictions are enforced and the
applicant agrees to include the rules and regulations set forth in these conditions
in any contract or assignment.
a. NOISE CONDITIONS
i. No commercial outdoor bar counters shall be permitted on the
premises.
ii. The Design Review Board (ORB) or the Planning Director shall
retain the right to call the owners andior operators back before the
ORB, at the expense of the owners and/ or operators, to impose
and/or modify the hours of operation, or amend or impose other
conditions, should there be a va!id violation (as determined by
Code Complfance) about !oud, excessive, unnecessary, or
unusual noise or ather conditions of this approval. An adverse
adjudication of a violation against the owner or operator is not
necessary for the board to have jurisdiction over the matter under
this condition. This condition vests jurisdiction independent of any
other condition hereof.
Hi. A violation of Chapter 46, Article IV, "Noise," of the Code of the
City of Miami Beach, Florida (a/k!a "noise ordinance"), as
amended, shall be deemed a violation of this approval and subject
283
14.
Page 6 of 8
Meeting Date: October 2, 2012
ORB File No. 22889
the approvar to modification in accordance with the procedures for
modification of prior approvals as provided for in the Code, and
subject the applicant to the review provided for in the first
sentence of this subparagraph.
iv. Except as may be required for fire or building code/Life Safety
Code purposes, no loudspeakers shall be affixed to or otherwfse
located on the exterior of the premises.
v. No outdoor live music shall be permitted at any time, inclusive of
percussion, musical instrument, or vocal.
vi. Entertainment establishments, as well as dance hails, as defined
in the Miami Beach City Code, shall be prohibited, and the
applicant wm not seek permits therefore.
vii. Special events pursuant to the Miami Beach City Code may not be
held on the premises and the applicant agrees that it will not seek
or authorize applications for such permits.
b. OPERATIONAL CONDITIONS
i. All trash containers shall utilize rubber wheels, or the path for the
trash containers shall consist of a surface finish that reduces
noise, in a manner to be reviewed and approved by staff.
ii. Adequate trash room space, air conditioned and noise baffled,
shall be provided, In a manner to be approved by the Planning
and Public Works Departments. Sufficient interior space must be
provided so that doors can remain closed while trash and trash
bags are being deposited in dumpsters. Doors shall remain
closed and secured when not in active use.
iii. Trash room(s)/garbage room(s) shall be large enough, or
sufficient in number to accommodate enough dumpsters so that
no more than one pick up of garbage per day wm be necessary.
iv. Garbage dumpster covers shall be closed at all times except when
in active use.
v. Garbage pickups and service deliveries shaH not take place
between 6PM and 8AM.
vL Outdoor cooking any.llfhere on the premises is prohibited. Kitchen
and other cooking odors will be contained within the premises. All
kitchens and other venting shall be chased to the roof and venting
systems shall be employed as necessary to minimize or dissipate
smoke, fumes and odors.
vii. Equipment and supplies shaH not be stored in areas visible from
streets, alleys or nearby buildings.
The project shall comply with any landscaping or other sidewalk/street
improvement standards as may be prescribed by a relevant Urban Design
284
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Page 7 of 8
Meeting Date: October 2, 2012
ORB File No. 22889
Master Pian approved prior to the completion of the project and the issuance of a
Certificate of Occupancy.
15. The Final Order shall be recorded in the Public Records of Miami~Dade County,
prior to the issuance of a Building Permit
16. At the time of completion of the project, only a Final Certificate of Occupancy
(CO) or Final Certificate of Completion (CC) may be applied for; the staging and
scheduling of the constructlon on site shall take this into account. All work on
site must be completed in accordance with the plans approved herein, as well as
any modifications approved or required by the Building, Fire, Planning, C!P and
Public Works Departments, inclusive of all conditions tmposed herein, and by
other Development Review Boards, and any modifications required pursuant to
field inspections, prior to the Issuance of a CO or CC. This shall not prohibit the
issuance of a Partial or Temporary CO, or a Partial or Temporary CC.
17. The Final Order is not severable, and if any provision or condition hereof is held
void or unconstitutional in a final decision by a court of competent jurisdiction, the
order shall be returned to the Board for reconsideration as to whether the order
meets the criteria for approval absent the stricken provision or condition, and/or it
is appropriate to modify the remaining conditions or impose new conditions.
18. The conditions of approval herein are binding on the applicant, the property's
owners, operators, and a !I successors in interest and assigns.
19. Nothing in this order authorizes a violation of the Cfty Code or other applicable
law, nor allows a relaxation of any requirement or standard set forth In the City
Code.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
testimony and materials presented at the public hearing, which are part of the record for this
matter, and the staff report and analysis, which are adopted herein, including the staff
recommendations which were adopted by the Board, that the Application for Design Review
approval is GRANTED for the above-referenced project subject to those certain conditions
specified in Paragraph B of the Findings of Fact (Condition Nos. 1-19, inclusive) hereof, to
which the applicant has agreed.
PROVIDED, the applicant shall build substantially in accordance with the plans approved by the
Design Review Board, as determined by staff, entitled "Palau at Sunset Harbour", as prepared
by Kobi Karp Architecture, Interior Design & Planning, dated August 2012, modified in
accordance with the conditions set forth in this Order and staff review and approval.
No building permit may be issued unless and until afl conditions of approval that must be
satisfied prior to permit issuance as set forth in this Order have been met. The issuance of
Design Review Approval does not relieve the applicant from obtaining all other required
Municipal, County and/or State reviews and permits, including final zoning approvaL If adequate
handicapped access is not provided on the Board-approved plans, this approval does not mean
that such handicapped access is not required.
When requesting a building permit, the plans submitted to the Building Department for permit
shall be consistent with the plans approved by the Board, modified in accordance with the
conditions set forth in this Order.
If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting
285
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Meeting Date: October 2, 2012
DRB File No. 22889
date at which the original Design Review Approval was granted, the Design Review Approval
will expire and become null and void, unless the applicant makes application to the Board for an
extension of tfme, in accordance with the requirements and procedures of Chapter 118 of the
City Code; the granting of any such extension of time shall be at the discretion of the Board. At
the hearing on any such application, the Board may deny or approve the request and modify the
above conditions or impose additional cond[tlons. If the Full Building Permit should expire for
any reason (including but not limited to construction not commencing and continuing, with
required inspections, in accordance with the applicable Building Code), the Design Review
Approval will expire and become null and void.
In accordance with Section 118-264 of the City Code, the violation of any conditions and
safeguards that are a part of this Order shall be deemed a violation of the iand development
regulations of the City Code.
Dated this 41!i day of OcTo {j Ef_ ' 20~
DESIGN REVIEW BOARD
TH f1TY OF MICEAY
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~ day of
OC!.-'f:o be.l't.--20ffi.. by Thomas R. Mooney, Design and Pr~ Manager,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the Corporation. He is personally known to me~. ~ Y
'"''"'/;;· ~/ ~c. TERESA MARIA
-.. * MYCOMMiSSION#DIHi28148 NOTARY PUBLIC
" , E~;Gt~~emter2,2613 ; • · 1'P.o,,e<fo"' 8~m!edTI!ru!Ul!3!1HiotaryServiU!s M.ami-Dade County, Flonda a
My commission expires: /t2 -62. -{._...:.,_1
Approved As To Form: ~ l "' ,..
Legal Department: -----,1-~+-<--· _______ ( /D ... l.f .... t}..ot.:J.
{/
Filed with the Clerk of the Design Review Board on
F:\PLAN\$DRB\DR612\0ctDR812\22889.0ct2012.FO.docx·
286
RESOLUTION TO BE SUBMITTED
287
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288
COMMISSION ITEM SUMMARY
Condensed Title:
_A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager Pursuant To Request For Proposals (RFP) No. 68-11/12, For
Electric Fireworks And Pyrotecnics For The City's Fourth Of July Celebration; Authorizing The Administration
To Enter Into Negotiations With The Sole Proposer Zambelli Fireworks; Further Authorizing The Mayor And
City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration.
Ke Intended Outcome Su orted:
Maximize Miami Beach as a Brand Destination.
Supporting Data {Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
The purpose of this RFP was to establish a contract with a qualified provider of electric fireworks and
pyrotechnics for the City's Fourth of July Independence Day Celebration, as each year the City hosts a FREE
Fourth of July Celebration featuring fireworks for the community.
On September 12, 2012, the Mayor and City Commission approved the issuance of Request for Proposals
(RFP) No. 68-11/12, for Electric Fireworks and Pyrotechnics for the City's Fourth of July Celebration (RFP).
RFP No. 68-i 1/12 was issued on September 26, 2012, with an opening date of November 6, 2012. A pre-
proposal conference to provide information to the proposers submitting a response was held on October 12,
2012.
BidNet issued bid notices to 11 prospective proposers, and two (2) proposers viewed the bid notification.
12 additional proposers were notified via e-mail after contacting the American Pyrotechnics Association
with the intent of maximizing competition and participation. However, the City only received one (1)
proposal from Zambelli Fireworks.
The Procurement Division reached out to the prospective proposers whom received a copy of the RFP
and elected not to submit a response to inquire about the reasons why they did not submit a response.
The memo includes responses received in this regard.
On November 8, 2012, the City Manager via Letter to Commission (LTC) No. 289-2012, appointed an
Evaluation Committee which convened on December 21, 2012. Committee member ,Iorge Linares could not
attend and was replaced by resident and Leadership Academy Graduate, Ray Breslin.
After review of proposal received and the presentation with the sole proposer, a motion was presented by
Marla Gortney, seconded by Graham Winick, and unanimously approved by all Committee members, to
recommend entering into negotiations with the sole proposer Zambelli Fireworks.
ADOPT THE RESOLUTION
Adviso: Board Recommendation=----
L ~ -----------' Financial Information: -----·~~~~r-~~~~~~--~----~~~
Source of 1 . Amount Ac(.:O!,.n1t
Funds:L r-'-'1 $25,000 Account# 011-9322-000353
lr&· ~~ 2 OBPI tfi;tai.j ---~~----------~
Financial 1m act Summa : Future year expenditures will be based on approved budgeted amounts---'
,9ty Clerk's Office Legislative Tracking:
~?< Denis =:=J
Si n-Offs:
MS
MIAMI BEACH
Assistant. City Manager
--~-----1----------~--~+-·----~-4
POW
289
KGB
AGENDA lTEM . C 7 J
DATE _j-/fo>~·l3 _
MIAMI BEACH
City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM, Kathie G. Brooks, Interim City Manager ;:ft/J< ~ ·
DATE: January 16, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 68-11/12,
FOR ELECTRIC FIREWORKS AND PYROTECNICS FOR THE CITY'S FOURTH
OF JULY CELEBRATION; AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH THE SOLE PROPOSER ZAMBELLI FIREWORKS;
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Maximize Miami Beach as a Brand Destination.
FUNDING
Funding In the amount of $25,000 is budgeted in account# 011-9322-000353
BACKGROUND
The purpose of this RFP was to establish a contract with a qualified provider of electric
fireworks and pyrotechnics for the City's Fourth of July Independence Day Celebration, as
each year the City hosts a FREE Fourth of July Celebration featuring fireworks for the
community.
SCOPE OF SERVICES
The fireworks display shall be in the City of Miami Beach on July 4, 2013 at a time and site to
be specified by the City. Traditionally, the fireworks display is held on the beach east of Ocean
Drive and 81h Street. However, location is subject to change annually.
The proposals for fireworks/pyrotechnic display must include the following:
Experience, Qualifications and Past Performance
Proposers shall demonstrate at least three (3) years of experience providing firework and
pyrotechnic displays on a beach dealing with environmental conditions such as rain, sand and
turtle nesting regulations. Bidders must provide the City with the names, addresses,
290
Commission Memorandum-RFP # 68~11-12 Fireworks
January 16, 2013
Page 2
telephone numbers and electronic mail addresses of a least three (3) other firms or
government agencies for whom a similar type of work has been performed in the past twenty-
four {24) months.
Proposed Cost
Proposals shall include electric fireworks displays with budgets ranging from $25,000 up to
$75,000, increasing in $10,000 increments (i.e. $25,000, $35,000, $45,000, etc ... ).
Methodology, Approach and Quality of Show Design/Display
• A narrative description of each proposed fireworks display shall include the order in
which the shells are to be fired. The description shaU maintain a show intensity of
shells shot every two (2) seconds, from multiple locations with no black sky (i.e. no
lapse of time between shells).
• Length of time of display.
• A breakdown of an shells to be used, by size and description and price.
• A detailed price breakdown of each shell with a total price for the entire display.
• All supplies and equipment necessary to perform the disptay as proposed.
• Transportation of equipment, supplies and personnel necessary to present the display
as proposed.
• All licensed and /or permitted personnel and labor, as required, needed to transport,
set up, shoot, tear down and cleanup the display as proposed.
• All licensed and/or permits required to transport, stage, and shoot display as proposed.
• Required insurance as detailed in the RFP.
TERMS OF THE AGREEMENT
The contract term will be for one (1) year, with two (2) one (1) year renewals, at the City's sole
discretion and subject to the availability of annual funding.
RFP PROCESS
On September 12, 2012, the Mayor and City Commission approved the issuance of Request
for Proposals (RFP) No. 68-11/12, for Electric Fireworks and Pyrotechnics for the City's Fourth
of July Celebration (RFP).
RFP No. 68-11/12 was issued on September 26, 2012, with an opening date of November 6,
2012. A pre-proposal conference to provide Information to the proposers submitting a
response was held on October 12, 2012.
BidNet issued bid notices to 11 prospective proposers and two (2) proposers downloaded the
bid notification. 12 additional proposers were notified via e~mail after contacting the American
Pyrotechnics Association with the intent of maximizing competition and participation. However,
the City only received one ( 1) proposal from Zambelli Fireworks.
The Procurement Division reached out to the prospective proposers whom received a copy of
the RFP and elected not to submit a response to inquire about the reasons why they did not
submit a response. The following are the responses we received in this regard:
"Because we are ve1y carefully selecting new July 4th business we won't be bidding on
the Miami Beach show this year. Should things change we will definitely stay in touch. We
291
Commission Memorandum-RFP # 68-11-12 Fireworks
January 16, 2013
Page3
have a few shows we are currently bidding on that are in the $35,000 to $50,000 range which
is what we are trying to do this coming year and for the future. We are trying to take some of
our smaller shows and combine crews on larger shows. Because electrical equipment is so
expensive we are trying to make the most of our July 4th business and maximize our shows
dollar value. It is impottant for us to maximize profits on the July 4th holiday. There is a point
when as a company doing 650 shows nationally on the 4th we have to begin maximizing the
July 4th shows and focus on off date business which is something we are doing because
taking on too many shows and relying on skeleton crews is not the way to run a business. We
would prefer to turn down your show than to risk under delivering because we stretched our
crew and equipment capabilities on that day. Thanks and stay in touch as things are always
changing." Chris Liberator, Pyrotecnico
"I really want to do your fireworks, would like you to keep this email and my phone
number. My Mom went into the hospital twice in the last month, I heard about your bid late
and did not have the time to finish. I want to work to be your company for next year and hope
we can be your second choice or backup if you need help this year. Thank you for your
excellent help and service". Bill Flett, Add Fire
"/ am writing in response to your request as to why Garden State Fireworks did not
elect to submit a bid for this event. Based on the intended budget of $25,000.00 we choose to
pass on possible consideration. Our production value and patticipation is at a significant level
above our competition. We ensure only the most highly trained individuals are allocated to
each display and we must carefully assess how we allocate that manpower each year on July
4th. Additionally, we use the most expensive hardware and software systems in the industry
to prepare the displays. This was purely an issue of best deciding how to allocate our
manpower and equipment in the most beneficial manner on July 4th. If the show were a
minimum of $40,000.00 budget on July 4th for an electrical display or on an off date where
equipment and manpower are at a surplus, we would have bid the display. Please keep us in
consideration for all future projects during the entire year. We appreciate the diligence of your
follow up and wish you the best for your event." August N. Santore, Jr., Garden State
Fireworks
''Thank you for the oppottunity. Unfottunate/y, after assessing our expected workload
for July 4th we were not 100% confident we could commit a crew for your event. We always
want to be over confident that we are ready to deliver the most outstanding display possible
and at the time of the bid due date we did not feel we could commit to the event. We annually
perform displays in the Miami area including July 4th in the city of Dora! and we are constantly
expanding our capacity in our Florida base and do hope to be considered for future
opportunities for your event. Please do keep us on the City's bid list as we look forward to
future opportunities. Thanks again." Chris Santore, Garden State Fireworks, Inc.
"Yes because I believe the bid process does not choose the best company for the
show for the people of its community the board is blindsided by professional bidders who know
how to play the game. I choose not to play the game and milk the people. I would not change
my design of a show so that i can win a bid you have a-budget and its my job to give you the
best show for your budget not to conform to how my show should be shot in order to win or
have it designed by a committee who wants to dictate what will be shot the bidding process
should be thrown away on fireworks and should first go to the local companies that can handle
it then seek other companies in other states." Steve, Sparktacular
292
Commission Memorandum-RFP # 68-11-12 Fireworks
January 16, 2013
Page4
''Thank you for the opportunity, but unfortunately we were unable to submit a response.
The major reason( s) are the overwhelming amount of requests for fireworks displays on your
chosen date, as even a company as large as ours, has certain limits to equipment and
manpower. Also, the requested budget ''ranges" that are required by your RFP, while keeping
open the City's options of underwriting and sponsorship, hamper our ability to forecast
inventory, transport and scheduling. This is not to be taken as criticism, but with so many
established clients that have their event on July 4th, it is best that we do not submit a proposal.
We fully understand the desire to have your event on Independence Day. I would hope that
municipalities would consider other dates in the future, for some of the following reasons:
By choosing an alternate date (IE July 1,2,3 or weekends that fall before or after the actual
date),
1 .... companies such as ours, may have openings in our production schedules, and are apt to
be more aggressive in our bidding.
2 .... your event would not be in competition with similar local displays, and your attendance
potentially would be larger.
3 .... your ancillary costs (IE overtime for PO, FD, etc.) for hosting a major event could be
dramatically reduced.
4 .... more of your potential attendees may not be "away on vacation" or have to work on July
5th, when it falls on a weekday.
Again, we sincerely thank you for considering Bay Fireworks. I trust that we may be able to
work together in the future, but just not on July 4, 2013. " Thank you, Sig Rosen,
Bayfireworks
'~We serve the upper Midwest (Minnesota, Wisconsin and Iowa) as our primary region.
Off the 4th we do look for opporlunities worldwide and enjoy producing large complex shows
with great success ... but on the 4th, we stick close to home as the needs here are also strong.
Thank you for the invite, but we will pass on the 4th of July. If you need something a New
Years or other event off the 4th, do please let us know and we'lllook to how we can help make
it huge for you." Ms. Mira LaCous, Hollywood Pyrotechnics, Inc.
On November 8, 2012, the City Manager via Letter to Commission (LTC) No. 289-2012,
appointed an Evaluation Committee (the "Committee") consisting of the following individuals:
• Mario Courtney, Ocean Drive Associations and Goldman Properties
• Paul (Cork) Flredman, Waterfront Protection Committee Chairperson
• Jorge Linares, Fire Captain, Fire Prevention
• Jim Richmond, Middle Beach Alliance
• Graham Winick, Film and Event Production Manager
Committee member Jorge Linares could not attend and was replaced by resident and
Leadership Academy Graduate, Ray Breslin.
The Committee convened on December 21, 2012 to receive a presentation from the sole
proposer. Additionally, the Committee was provided with an overview of the project,
information relative to the City's Cone of Silence Ordinance and the Government Sunshine
Law. The Committee was also provided with general information on the scope of services, and
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Commission MemorandLlm-RFP # 68-11-12 Fireworks
January 16, 2013
Page 5
Performance Evaluation Surveys. Additionally, the Committee engaged on a 15-minute
Question and Answer session.
The Committee was instructed to score and rank the sole proposal pursuant to the evaluation
crrterla established in the RFP, which was as follows:
Evaluation Criteria/Factors:
• Experience and Qualifications of the Proposer and
Past performance
• Proposed Cost
• Methodology, Approach and Quality of the
Show-design/display
Weight
30 pts
30 pts
40 pts
Additional points, over the aforementioned potential points were to be allocated, if applicable
and in accordance to following ordinances. Please note that no points were allocated.
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to
Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor
as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a small business
concern owned and controlled by a veteran{s) or a service-disabled veteran business
enterprise, as defined in the City's Veterans Preference Ordinance.
The Committee discussed its individual perceptions of the proposer' qualifications, experience,
and competence, and further scored the proposer. A motion was presented by Mario Cortney,
seconded by Graham Winick, and unanimously approved by all Committee members, to
recommend entering into negotiations with the sole proposer Zambelli Fireworks.
PROPOSER'S PROFILE
Zambelli Fireworks is a professional and experienced pyrotechnics company with 120 year
history and a significant history of firing safe and exciting aerial fireworks displays. On July 41h,
2012, the company fired over 61 fireworks display in Florida and more than 500 shows
throughout 37 states in the US Zambelli Fireworks will display 2,000 shows total in 2012.
The Florida Zambelli Team is located in Boca Raton and produces more than 250 displays
annually in Florida including more than 40 shows on barges, beaches and piers. The team
works closely with the US Coast Guard, FWC, DEP, and local authorities for full transparency
in permitting and safety. AU technicians assigned to the Miami Beach display are Dade County
residents. The lead technician, Phil Beirne, is a local resident of the City of Miami Beach.
Please refer to Appendix "A" for proposal submitted by Zambelli Fireworks for the $25,000,
$35,000, $45,000, $55,000, $65,000, and $75,000, as requested by the City.
MANAGER'S DUE DILIGENCE
After considering the review and recommendation of City staff, the City Manager exercised her
due diligence and is recommending that the Mayor and the City Commission accept her
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Commission Memorandum-RFP # 68-11-12 Fireworks
January 16, 2013
Page6
recommendation of entering into negotiations with the sole proposer, Zambelli Fireworks;
further authorizing the mayor and city clerk to execute an agreement upon conclusion of
successful negotiations by the administration.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to request for proposals (RFP) No. 68-11/12, for Electric Fireworks and
Pyrotecnics for the City's Fourth of July Celebration; authorizing the administration to enter
into negotiations with the sole proposer, Zambelli Fireworks; further authorizing the mayor and
city clerk to execute an agreement upon conclusion of successful negotiations by the
administration.
T:\AGENDA\2013\January 16\RFP-68-11-12 Fireworks-Memo. doc
295
Zambelli
FIREWORKS
Appendix A-Shell Designs
Chrysanthem urns
Description: Typically a spherical break of colored stars that leave a trail or sparks
behind. May include pistils (center multi break stars) or other features such as multi~
colored, half and half, cracking, etc.
Red Chrys
Green Chrys
Yellow Chrys
Blooming Silvery Chrys
Blue Chrys
Red, White and Blue Chrys
Green to Purple Chrys
Varied Colorful Flowers
Multi-Color Chrys
Golden Chrys w/Rising Tails
Silver to Purple Chrys
Glittering Silver to Red Chrys
Purple Chrys with White Pistil
Red Chrys with White Pistil
Gold Wave to Red/Blue Chrys
296
Red to Blue Chyrs.
Silver to Green Chyrs.
Gold Chrys. w/ Rising Tails
Glitter Silver to Red Chrys
White Twinkling Chrys.
Spangle Chrys. w/Rising Tails
Orange Chrys. w/Rising Tails
Purple Chrys
Yellow Chrys
Silver Chrys w/Rising Tails
Silver to Green Chrys
Variegated Rainbow Chrys
Green Chrys with Green Pistil
Silver and Gold Ch rys
Multi-Color Chrys to Popping Flowers
40
Zambelli
FIREWORKS
Peonies
Description: Typically a spherical break of colored stars that leave no trail or sparks
behind. May include pistils (center multi break stars) or other features such as multi-
colored, half and half, crackling, etc.
White Peony
Silver Wave to Purple Peony
Yellow Peony
Purple Peony w/Gold Palm
Variegated Peony (rainbow)
Red, White and Blue Peony
Silver to Red Peony
Orange Peony
Silver Wave to Blue Peony
Red to Silver Peony
Golden Peony
Red and Green Peony
Color Changing Peony
Popping Peony (Red)
Half Blue Half Red Peony
Half Green Half White Peony
Pink Peony
Green to Silver to Blue Peony
297
Blue Peony w/Biue Palm Tree.
Multi-Colored Peony
Green Peony w/Gold Palm Tree
Red to Blue Peony
White Peony w/Biue Pistil
Glittering Peony
Silver to Blue Peony
Half Green Half White Peony
Silver Wave to Purple Peony
Green to Purple Peony
Blue Peony w/Titanium Reports
Blue to Silver Peony
Sparkling Peony w/Pistil
Popping Peony (White)
Half White Half Red Peony
Golden Waves to Purple Peony
Brilliant Orange Peony
Red to White to Blue Peony
41
Zambelli
FIREWORKS
Crossettes
Description: A crossette is a unique shell that breaks into 6 or 8 arms. Then, after some
delay, those arms again break into multiple arms criss-crossing each other in a grid-like
fashion throughout the sky. Larger caliber shells may even have a third break in all of
the arms.
Blue Crossettes
Red to Blue Crossettes
Variegated Rainbow Crossettes
Crackling Crossettes
Red to Green Crossettes
Green to Purple Crossettes
Red Crossette Palm Tree
White Flitter Crossettes
298
Green to Blue Crossettes
Silver Crossettes
Purple and White Crossettes
Gold Crossettes w/Rising Tails
Green Crossette w/Green Tails
Rainbow Crossettes wiRed Tails
Blue Crossette Palm Tree
Silver Crossettes
42
Zambelli
FIREWORKS
Duration/Lingering Effects (Willows, Brocades, Kamuros}
Description: A Long Duration/Lingering Effect is like a Chrysanthemum but burns slowly
to the ground leaving a trail of aerial spark dust. These shells are many times gold or
silver with various color tips, color changing, or have various colored centers. Zambelli
uses many long duration effects at the end of finales to create a sky of gold or silver.
Twilight Glitter w/Purple
Brocade Crowns
Brocade Crown to Purple
Variegated Falling Leaves
Long Duration Kamuro
Pixie Dust Willows
White Poca Shells
299
Twilight Glitter wiRed
Long Duration Red Falling Leaves
Brocade Crown to Red
Purple Falling Leaves
Super Brocade Crowns
Ultra-Long Duration Gold Kamuro
Gold Poca Shells
43
Zambelli
FIREWORKS
Dahlias
Description: A Dahlia shell is like a peony but uses dramatically larger and fewer stars
to create brighter, wider trails of sparks through the air. They are typically very bold,
defined colors used to mix up the pace of a show. They many times are also used in
finales.
Assorted Color Dahlia
Green Dahlia w/Pistil
Yellow Dahlia w/Pistil
Pink Dahlia
Gold Strobe Dahlia
Red Strobe Dahlia
Variegated Dahlia
Purple and Red Dahlia
300
Blue Dahlias w/Pistil
Red Dahlia w/Pistil
Red and Blue Dahlia
Silver Dahlia
Blue Strobe Dahlia
Purple Strobe Dahlia
White Dahlia w/Purple Tips
White Dahlia w/Red Tips
44
Zambelli
FIREWORKS
Patterns
Description: Pattern shells come in a variety of shapes, sizes and depictions. Most
notable shapes are shells with stars in patterns of hearts, smiley faces, Saturn or other
planet blasts, 4-leaf clovers, wagon wheels, etc.
Red Palm Trees
Red Hearts
Green to Purple Ring
Octopus Shells
Saturn Rings
Smile Faces
Green to Blue Crossing Rings
White/Red Bowtie in Ring
301
Blue Palm Trees
Triple Rings
Saturn Blasts
Meteor Rings
Crackling Palm Trees
Triple Rings w/Scattering Stars
Half White Half Purple Ring
45
Zambelli
FIREWORKS
Specialty Shells
Description: There's a variety of specialty, premium shells that include horsetail willows,
scattering stars, bees, falling leaves. Palm Trees and other unique designs and effects.
Silver Bees
Horsetails
Large Silver Whirls (Serpents)
Trees of Many Colors
Peacock Feathers
Thousands of Gold Waves
Peacock Tails
Silver and Purple Strobes
Treasure Chests
Green Magnesium to Fast Strobe
Multi-Color Shell of Shells
302
Blue Bees
Aluminum King Shells
Blue and Red Spiders
Kaleidoscopes
Gold Sparkling Kamikazes
Thousands of Red Waves
Red, White, Blue Dragon Eggs
Popping Flowers
Red Shell of Shells
Green Shell of Shells
Tourbillion and Multi-Color
46
Zambelli
FIREWORKS
Specialty Noise
Description: Noise shells come in many different types. The most popular are crackling,
whistling or screamers, thousands of popping flowers, and the extremely loud titanium
salutes.
Cracking Delight
Diamond Screamer Whistles
Crackling Double Rings
Crackling Coconut Trees
Twice Crackling Rain
Blue Crackling Flowers
Artillery Titanium
Gold Crackling Chrys
303
Serpents with Reports
Large Silver Screaming Whirls
White and Green Scattering
Blue Crackling Spiders
Tourbillion w/Reports
Green Crackling Flowers
Thundering Tourbillions
Whistles and Stars
47
Zambelli
FIREWORKS
Barrage Cakes
Description: Barrage Cakes or Multi-shot devices are designed to significantly enhance
fireworks displays by adding hundreds of rapid-fire shots of various effects. They are
mainly used to create tableaus in tandem with aerial shells breaking around the multi-
shot devices. Zambelli has over 500 various devices in inventory to use in our displays.
Below are some examples of multi-shot boxes:
35 Shot White Flitter Comet Box
35 Shot Red Crossette Fan Box
35 Shot Thunder Tourbillion Fan Box
35 Shot Dragon Eggs w/Tails
36 Shot Silver Fish with Tourbillion
36 Shot Assorted Colorful Falling Leaves
36 Shot Gold Twinkling Kamuro Box
36 Shot Red and Blue Crossettes
49 Shot Red and Silver Moons
49 Shot Red Crackling Tails
49 Shot Silver Crossettes
49 Shot Red and Green Crossettes
1 00 Shot Hammer Boxes
1 00 Shot Brocade Crowns
100 Shot Blue Crossettes with Tails
1 00 Shot Variegated Peonies
304
119 Shot Rapid Fired Gold Comets
192 Shot Fast Pearl Zippers
96 Shot Peacock Tails
140 Shot Silver Rain
80 Shot V -Shape Silver Coconuts
80 Shot V-Shape Rainbow Chrys.
200 Shot Whistling Comets
70 Shot WwShape Zippers
408 Shot V Shape Rapid Fire Box
408 Shot Zipper Rapid Fire Box
300 Shot Finale Comet Box
665 Shot Silver Barriers
Angle Wipe Devices-(various angles)
Zipper Curtain Devices
Zipper Chase Devices
Fan Chase Devices
48
Zambelli
FIREWORKS
Section F -$25,000 Proposal
W i£ i!~Jft .. ,J . .C,~M N&SQJJZKL .lWtiJJ, .. J.xt.!. S%ilkJ ~I .£ '·~ &.Sl X . (, • tQ_ Mt.LLIQ tXt 6 CJ J ... JU!£t£#L%lbtSL AX.&L..#JJ@J,Q$1 tJ .. ,.l@iQ .k!ZilZiSb LZMMI. 2 J SJ~,£.~ ...•• f
SHELL DESCRIPTION QUANTITY AVG.UNIT$ TOTAL$
.... XXXi 52 .•.. MJ$3. t)XSJ)J.ItX iQ!lWJ#J&M ~~· ...• t.%%.-.QRA ~3J¥.4Uii.iltJ!!!QJL J.WMCJ&J WUL .• AQ4~--.U®%UUQ 1.. i. JQt, .J.QI UXSJ W S .. # J.k.QL.f%< $HZ. .... S.QJ.,t£d$Mt.JJWL lit.. .%1.
BODY OF PROGRAM
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE INCH SHELLS
GRAND FINALE SHELLS
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE INCH SHELLS
TOTAL AERIAL SHELLS
300
300
180
500
90
60
1,460
MULTI-SHOT DEVICES 7,947 SHOTS (65 DEVICES)
PRODUCT COST 9,407 SHELLS/SHOTS
$4.50
$8.55
$12.60
$5.50
$8.55
$12.60
$91.00
$1,350
$2,565
$2,268
$2.750
$770
$756
$10,459
$5,915
$16,374
DISPLAY RELATED EXP (PYROTECHN!C!AN, INSURANCE, TRANSPORTATION, MiSC.) $8,626
ToTAL CosT S25.00Q
Dl11UTION:
BODY: DURATION I 5 MINUTES SHELLS FIRED LESS TI-IA.N EVERY 1 SECOND FOR THE DURATION OF THE
SHOW
FINALE: DURATION IS 60 SECONDS
TOTAL SHOW DURATION= 16 t>lJ.t:l.!JTES
17
305
Zambelli
FIREWORKS
Section F -$35,000 Proposal
.S ,d_UitJ. UMJJ\@,_"tfKLtu(.)fKl U .$.,$.., .1-J ,.,.. ····-· tt ~, Jii.i!X.tz !..L. AthJ. HW.C¥11W.!&L J ,., k )$ & ,JJJUJM!il.QS .. S.JMJJtL &tL .. k..XS..JA& t Ji .£LQ&d.$U£ .MA i, .J M!UM;:
SHELL DESCRJPTION QUANTITY AVG.UNIT$ TOTAL$
,;;.;&.. .. .! \.,&.&khM-!.li.M.i#Jt$JSI~.t,..,Lt.JQP33¥.%tMAtt t .. Ui !!$U i.L.!WtU:QJ ti.A&:U!W.M,.&kM1tJHXXtti J4¥lJI.lJJ I J,£_,J,StiSi&t.4M£.,.4.5%.ZZM%,XQ6ii.$£UM ... L aiSttUttW
BODY OF PROGRAM
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE INCH SHELLS
GRAND FINALE SHELLS
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE INCH SHELLS
TOTAL AERIAL SHELLS
360
360
270
700
120
120
1,930
MULTI-SHOT DEVICES 9,820 SHOTS (100 DEVICES)
PRODUCT COST 11,750 SHELLSiSHOTS
$4.50
$8.55
$12.60
$4.50
$8.55
$12.60
$91.00
$1,620
$3,078
$3,402
$3,150
$1,026
$1,512
$13,788
$9,100
$22,888
DISPLAy RELATED EXP (PYROTECHNICIAN, INSURANCE, TRANSPORTATION, MISC.) $12, 1 12
TOTAL COST $35,0QO
Duration:
BODY: DURATION 17 MINUTES SHELLS FIRED LESS THAN EVERY 1 SECOND FOR THE DURATION OF THE
SHOW
FINALE: DURATION IS 70 SECONDS
TOTAL SHOW DURATJON = L~ MINUTES
18
306
Zambelli
FIREWORKS
Section F -$45,000 Proposal
k!b!!JSU&-:Z&AM&L 1Wt%1L12htL.L .LCA$$.-.. L.J$2,, _£ Xl£.t . A X3M&M_d.,9)JL~ .,,,,JJJ.k. 3$ !.tft~Xhtk \AJ%.52 AM~.&-, ... U UKAC.h.JQ ;,;.,JU WiJJik,
SHELL DESOUPTION QUANTITY AVG.UNIT$ TOTAL$
.L&MM Qtttl4#$AJRl. ¢ stU! Qii§)QM M£. etJX&MZ..A RM4W3#,£& ML .. &Ut..tt .. ,Z£tJQ-4~,..itiLZ!~.tQJ J%Zk#Utl%M.AS.XJJWtQtJ . ..,ll&Ullt§tNJhtU. X.Az.tCU.JAKQAk XU£ !itt..
BODY OF PROGRAM
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE INCH SHELLS
GRAND FINALE SHELLS
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE INCH SHELLS
TOTAL AERIAL SHELLS
420
420
400
800
150
150
2,340
MULTI-SHOT DEVlCES 11,945 SHOTS ( J 30 DEVICES)
PRODUCT COST 14,285 SHELLS/SHOTS
$4.50
$8.55
$12.60
$4.50
$8.55
$12.60
$91.00
$1,890
$3,591
$5,040
$3,600
$1,282
$1,890
$17,293
$11,830
$29,123
DISPLAy RELATED EXP {PYROTECHNICIAN, INSURANCE, TRANSPORTATION, MJSC.) $15,877
ToTAL COST ~45,000
Duration:
BODY: DURATION 19 MINUTES SHELLS FIRED LESS THAN EVERY l SECOND FOR THE DURATION OF THE
SHOW
FINALE: DURATION IS 80 SECONDS
TOTAL SI-IOW_DURATION = 20 MINUTES.
19
307
Zambelli
FIREWORKS
Section F-$55,000 Proposal
.. l.J.J., ... %!. ,ta.L.JU.&.tt A Ld$)UJ)IQL!. (JJW .. MILtlJ.,L!.Z ~.&.t&QiLMkt.L.h&&JtdQ_@.&.,t. .. WW#. t .. ,.L iLJL~ ... Utl.,.J.Utiii#J& .L .£.)2£!6 t.J5iJS-...4U!<LL!lJL.J!Q4XZ -.~ .. L~ ,,if<.
SHELL DFSCRIPTION QUANTITY AVG. UNIT$ TOTAL$
.Mtt !CdJCSZ.XUA!MlRUSA.£ &.SX#t#¢ .. $\JU.aA.ti!ttt ... !IJ."'l!tklSM£.2 ik at. &i t:ZJ..t4,4&JLik!MAl4¢iSMUUIMSA JO&tUt.t .ZLWML.Q.JIY.kt& J!Ut4.J$li§J.tt!J 9¢.¢&2J3t:P,. k.Q!JSZ~:
BODY OF PROGRAM
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE INCH SHELLS
GRAND FINALE SHELLS
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE INCH SHELLS
TOTAL AERIAL SHELLS
500
470
450
1,100
200
200
2,920
MULTI-SHOT DEVICES 13,905 SHOTS ( 160 DEVICES)
PRODUCT COST 16,825 SHELLS/SHOTS
$4.50
$8.55
$12.60
$4.50
$8.55
$12.60
$91.00
$2,250
$4,018
$5,670
$4,950
$1,710
$2,520
$21,118
$14,560
$35,678
DISPLAy RELATED EXP (PYROTEC'HNICIAN, INSURANCE, TRANSPORTATION, MISC.} $19,322
TOTAL COST $55,000
DURATION:
BODY: DURATION 21 MINUTES SHELLS FIRED LESS THAN EVERY ONE SECOND
FINALE: DURATION 90 SECONDS
TOTAL SHOW DURATIQN .::_22-23 MINUTES
308
20
Zambelli
FIREWORKS
Section F -$65,000 Proposal
SJ.UJU.QtJ .. UJlh, tt MJW$&&h!4!ltMZlZ.S£D.Mi&iQ.., M&Wl&&Vt&WJWI.WS&J$2. .!UZM@) .®P4%kSHJJ.t&. L . .JZL-i..XM&JRM1%$l$M .. ,. ~SAJttN!K . I .J& 9k ---· l . 1$$ M Q_!UXL.)#
SHELL DESCRIPTION QUANTITY AVG.UNIT$ TOTAL$
.. &kt.&.W..&W.JMlSW!J£4Q $-.Uh .:XJJJSU&SCXJJL.ZA!. UJQI.tJ.JX £2&.3MlkR.J..thMA%10MUJMGtLib.t_JM, iif...U.JtJtA!Ll i ... lJUkXWIJ.Q£4.U&M .. MA£W)JJCJ&tX\iJ,.M.t.~
BODY OF PROGRAM
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE lNCH SliELLS
GRAND FINALE SHELLS
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE INCH SHELLS
TOTAL AERIAL SHELLS
600
560
500
1200
250
200
3,310
MULTI-SHOT DEVICES 15,890 SHOTS (205 DEVICES)
PRODUCT COST 19,200 SHELLS/SHOTS
$4.50
$8.55
$!2.60
$4.50
$8.55
$12.60
$91.00
$2,700
$4,788
$6,300
$5.400
$2.137
$2,520
$23,845
$18,655
$42,500
DlSPLAY RELATED EXP (PYROTECHN!CIAN, INSURANCE, TRANSPORTATION, MISc.) $22,500
TOTAL COST $65,000
DURATION:
BODY: DURATION 23 MINUI'ES
fiNALE: DURATION 100 SECONDS
TOTAL SHOW DURATION= 24 MINUTES AND 40 SECONDS
309
21
Zambelli
FIREWORKS
Section F-$75,000 Proposal
.Ji .... i~h~." ... LA S.X LX&§! X MSliWk . .$#L4k .L, .t.L2kA.&. tLJXJ! ... ZLMB>-.,kkKJ.$!4 .. J.J&L!U~ .Si!ZJBA .. ,. U£141. 222 .. MZ Q t. e&a&&AQWJ ..... 5XS.iMX. _k:
SHELL DFSCR.IPTION QUANTITY AVG. UNIT$ TOTAL$
AM.&t.WLMJ k.i.KSMUIJWk£ . Rk! CM-. .W £&,_j£)]. £.& ME.MU&S MQ AQZILAS£.1h#P ££3. &.l#l&:.Jt.JM..JfL.~¥4 .1$...£,$ AWL-tzMSW#JJLttJMUS.GJ.:U X _b .M.4£&£U&Mr,
BODY OF PROGRAM
THREE INCH SHELLS
FOUR INCH SHELLS
FIVE INCH SHELLS
GRAND FINALE SHELLS
THREE INCH SHELLS
FOUR INCH SHELLS
F!VE INCH SHELLS
TOTAL AERIAL SHELLS
700
600
600
1400
300
250
3,850
MULTI-SHOT DEVICES ] 7,730 SHOTS (250 DEVICES)
PRODUCT COST 21,580 SHELLS/SHOTS
$4.50
$8.55
$12.60
$4.50
$8.55
$12.60
$91.00
$3,150
$5,130
$7,560
$6,300
$2,565
$3,150
$27,885
$22,750
$50.635
DISPLAY RELATED EXP (PYROTEC!lNICIAN, INSURANCE, TRANSPORTATION, MISC.) $24,365
TOTAL COST $75,000
DC RATION:
BODY: DURATION 231\·HNUTES
FINALE: DURATION 120 SECONDS
TO'l".~L SHOW DC RATION= 25 MJNCTES
310
22
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER PURSUANT TO REQUEST FOR PROPOSALS
{RFP} NO. 68-11/12, FOR ELECTRIC FIREWORKS AND PYROTECNICS
FOR THE CITY'S FOURTH OF JULY CELEBRATION; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SOLE
PROPOSER ZAMBELLI FIREWORKS; FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
WHEREAS, on September 12, 2012, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 68-11/12, for Electric Fireworks and
Pyrotechnics for the City's Fourth of July Celebration (RFP); and
WHEREAS, RFP No. 68-11/12 was issued on issued on September 26, 2012, with
an opening date of November 6, 2012; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on October 12, 2012; and
WHEREAS, BidNet issued bid notices to 11 prospective proposers and two (2)
proposers downloaded the bid notification. 12 additional proposers were notified via e-mail
after contacting the American Pyrotechnics Association with the intent of maximizing
competition and participation; and
WHEREAS, the City only received one (1) proposal from Zambelli Fireworks; and
WHEREAS, the Procurement Division reached out to the prospective proposers
whom received a copy of the RFP and elected not to submit a response to inquire about the
reasons why they did not submit a response; and
WHEREAS, on November 8. 2012, the City Manager via Letter to Commission (l TC)
No. 289-2012, appointed an Evaluation Committee {the "Committee") consisting of the
following individuals:
• Marlo Courtney, Ocean Drive Associations and Goldman Properties;
• Paul (Cork) Firedman. Waterfront Protection Committee Chairperson;
• Jorge Linares, Fire Captain, Fire Prevention;
• Jim Richmond, Middle Beach Alliance; and
• Graham Winick, Film and Event Production Manager
WHEREAS, committee member Jorge Linares could not attend and was replaced by
resident and Leadership Academy Graduate, Ray Breslin; and
WHEREAS the Committee convened on December 21, 2012 to receive a
presentation from the sole proposer; and
311
WHEREAS the Committee was provided with an overview of the project, information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The
Committee was also provided with general information on the scope of services, and
Performance Evaluation Surveys. Additionally, the Committee engaged on a 15-minute
Question and Answer session; and
WHEREAS, the Committee discussed its individual percepttons of the proposer'
qualifications, experience, and competence, and further scored the proposer; and
WHEREAS, a motion was presented by Marlo Gortney, seconded by Graham Winick,
and unanimously approved by all Committee members, to recommend entering into
negotiations with the sole proposer Zambelli Fireworks; and
WHEREAS, after considering the review and recommendation of City staff, the City
Manager exercised her due diligence and is recommending that the Mayor and the City
Commission accept her recommendation of entering into negotiations with the sole proposer,
Zambelli Fireworks; further authorizing the mayor and city clerk to execute an agreement
upon conclusion of successful negotiations by the administration.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the City Manager pertaining to the ranking of proposals,
pursuant to request for proposals (RFP) No. 68~11/12, for Electric Fireworks and Pyrotecnics
for the City's Fourth of July Celebration; authorizing the administration to enter into
negotiations with the sole proposer, Zambelli Fireworks; further authorizing the mayor and
city clerk to execute an agreement upon conclusion of successful negotiations by the
administration.
PASSED AND ADOPTED THIS ___ DAY OF ____ 2013.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2013\January 16\RFP-68~11·12 Fireworks· RESO.doc
312
OFFICE OF THE CITY AnORNEY
JOSE SMITH, CITY AnORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
INTERIM CITY~ R KAT BROOKS
JOSE SMITH / ... /
CITY ATTOR~Y ~
JANUARY16~
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, CREATING THE MAYOR'S AD HOC COMMITTEE TO PLAN
THE 2013 SUSTAINABLE & AUTHENTIC FLORIDA CONFERENCE AND
PRESCRIBING THE DUTIES, MANNER OF APPOINTMENT, AND THE TERMS OF
OFFICE OF COMMITTEE MEMBERS.
Pursuant to the request of Mayor Matti Herrera Bower, the above-referenced
Resolution creating the Mayor's Ad Hoc Committee to plan the 2013 Sustainable &
Authentic Florida Conference is submitted for consideration by the City Commission.
The Conference will be held in the City of Miami Beach in October of 2013.
JS/DT/mem
F:\ATTO\TURN\COMMMEMO\Commission memo Mayors Ad Hoc Committee for Sustainable Florida Conference.doc
313
Agenda Item C 7 k
Date 1-/b-1~
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CREATING THE MAYOR'S AD
HOC COMMITTEE TO PLAN THE 2013 SUSTAINABLE & AUTHENTIC
FLORIDA CONFERENCE AND PRESCRIBING THE DUTIES, MANNER
OF APPOINTMENT, AND THE TERMS OF OFFICE OF COMMITTEE
MEMBERS.
WHEREAS, Section 2-22 of the Code of the City of Miami Beach provides for the
creation of agencies, boards, and committees; and
WHEREAS, the Mayor and members of the community participated in the 2012
Sustainable & Authentic Florida Conference hosted by the communities of Ana Maria Island, the
Anna Maria Island Preservation Trust, and the Island Players Theater, and found the
Conference informative and inspiring; and
WHEREAS, the City of Miami Beach is proud of its historic, authentic, and sustainable
community; and
WHEREAS, the Mayor and City Commission, as well as members of the community,
have expressed an interest in promoting the City of Miami Beach and wish to showcase the
City's efforts in historic preservation and sustainable practices and to educate others in building
their communities in sustainable and authentic ways by hosting the 2013 Sustainable and
Authentic Florida Conference in Miami Beach; and '
WHEREAS, the planning for the hosting of the 2013 Sustainable & Authentic Florida
Conference could best be accomplished by an Ad Hoc Committee composed of fifteen (15)
members to be direct appointments by the Mayor, with additional members to be appointed at-
large on an as needed basis, who shall report to, and receive input from, the Mayor and
Commission, with terms to begin on January 29, 2013 and end on December 31, 2013 (subject
to earlier or later sunset by the City Commission).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Mayor's Ad Hoc Committee is
hereby created whose purpose is to plan the 2013 Sustainable & Authentic Florida Conference
to be held in Miami Beach, Florida in October of 2013 which shall be composed of fifteen (15)
members to be direct appointments by the Mayor, with additional members to be appointed at-
large on an as needed basis, and which shall report to, and receive input from, the Mayor and
City Commission, with board member terms beginning on January 29, 2013 and explring on
December 31, 2013 (subject to earlier or later sunset by the City Commission).
PASSED and ADOPTED this ___ day of January, 2013.
ATTEST:
Rafael E. Granado, City Clerk
F:\ATTO\TURN\RESOS\Ad Hoc Sustainable.docx
Matti Herrera Bower
Mayor
314
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Adopting The
First Amendment To TheCa ital Bud et For Fiscal Year 2012/13.
I ·~---~~----·~~~~----------------------~ Supeorti.l)g Data {Surveys, Envi~ . .::.o.:...;:n.:..;_m'-e-'-n'--ta'-t·-'S'--c __ a_n""-, _et....cc..J..)_: -------------------.
IN/A ~
Item Summary/Recommendation:
A First Amendment to the Capital Budget for Fiscal year 2012/13 is required to account for bids received
above the bLJdgeted amounts for the following projects:
1. Water main utility work along Alton Road, from 51h Street to Michigan Avenue -On December 6,
2012, the Florida Department of Transportation {FOOT) notified the City that the lowest
responsive bid received for the water main utility work along Alton Road exceeded the City's initial
deposit of $2,680,670.52, by a net amount of $436,720.13. Currently, $114,954.48 of contingency
is budgeted for this project in the City's Capital Plan; Therefore, a net amount of $321,765.65 is
required to fully fund the City's obligation under the terms of the MOA. In accordance with the
terms of the MOA for this work, if any portion of the additional contingency amount funded by the
City for the water main improvements is not used as part of the FOOT project, FOOT will return
any unused funds to the City at the end of project construction.
2. Construction of new irrigation system along Alton Road, from 51h Street to Michigan Avenue -On
December 19, 2012, FOOT notified the City that the lowest responsive bid received for the
construction of a new irrigation system along Alton Road exceeded the City's initial deposit of
$125,000 by a net amount of $31,101.68. In accordance with the terms of the Locally Funded
Agreement (LFA) and Memorandum of Agreement (MOA) with FOOT, the City is required to fund
any overages of the lowest bid amount or reject the bids. Currently, $140,000 is budgeted for this
project in the City's Capital Plan; therefore, a net amount of $16,101.68 is required to fully fund
the City's obligation under the terms of the MOA and LFA.
3. 10 Street End Improvement Project -Currently, this project is funded by $472,820 Florida Inland
Navigation District (FIND) grant funds and $542,491 from Pay As You Go. A total of $121,140 of
Pay As You Go has been allocated for previous expenditures, additional engineering services and
construction management. The City has entered into a JPA with FOOT to receive an additional
$64,185. Thus, there is $958,406 available for construction. The Ebsary bid amount of
$1,234,500 plus a 10% project contingency of $123,450 totals $1,357,900 for construction. Given
that the project's stormwater improvements amount to $756,272 of the net bid amount,
Stormwater Reserves will be utUized to fund this portion of the project. Thus, the 10 Street
contract award funding will be funded by $472,820 FIND grant, $64,185 FOOT JPA, and
$756,272 Stormwater Reserves.
THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND CITY COMMISSION ADOPT THE
RESOLUTION ADOPTING THE FIRST AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR
2012/13.
Financial Information· -····.··Amounf . : ;Account . . . Source of I .. . ..... . ...
Funds: j···.···.·1· $756,272.00 Stormwater Fund 427-8000-389100 Fund Balance
~ r .·.·2 $321,!~5.65 Water & Sewer Fund 425 425-8000-389100 Fund Balance
3 $16,101.68 South Beach Quality of Life Resort :rax 1% Fund 305
1--'-4 $64,185.00 FOOT
Total $1 '158,324:33 -
MIAMI BEACH AGENDA ITEM ___;;C:......' "...:;.7-"L ___ _
DATE 1-/b ·~ 13 315
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera-Bower and Members of the City Commission
FROM, Kathie G. Brooks. Interim City Managerp /-•
DATE: January 16, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE CAPITAL
BUDGET FOR FISCAL YEAR 2012/13.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding source for the water main improvements will be Water and Sewer Enterprise Fund
(Fund 425) in the amount of $321,765.65. Funding source for the construction of the irrigation
system will be South Beach Quality of Life Resort Tax Fund (Fund 305) in the amount of
$16,101.68. Funding source for the Biscayne Bay 10 Street End Improvement Project will be
Stormwater Fund (Fund 427) in the amount of $756,272.00.
BACKGROUND
The Florida Department of Transportation (FOOT) is planning to construct roadway and
drainage improvements on Alton Road from 5th Street to Michigan Avenue (Project)
commencing in April 2013. In addition, the City the Biscayne Bay 10 Street End Improvement
Project will include seawall replacement and drainage improvements at the street end.
On May 9, 2012, the City Commission adopted Resolution No. 2012-27899 approving a Locally
Funded Agreement (LFA) and Memorandum of Agreement (MOA) with FOOT in the amount of
$125,000, funded by the City, for the purpose of constructing an irrigation system on Alton Road
from 51
h Street to Michigan Avenue, as part of the FOOT Project
On September 12, 2012, the City Commission adopted Resolution No. 2012-27994 approving a
Utility Work by Highway Contractor Memorandum of Agreement (MOA) with FOOT, in the
amount of $2,680,670.52 funded by the City, for the purpose of constructing a new water main
system on Alton Road from 5th Street to Michigan Avenue, as part of the FOOT Project.
The Biscayne Bay 10 Street End Improvement Project was developed to address shoreline
erosion and improve stormwater drainage. The failing seawall will be replaced with a sheet pile
seawall structure that meets the new Stormwater Management Master Plan design criteria.
316
Commission Memorandum -Resolution Adopting the First Amendment to the Capital Budget for FY 13
January 16, 2013
Page 2 of3
In April 2013, the FOOT is reconstructing Alton Road drainage system. As part of FOOTs plans,
a stormwater forcemain will be constructed to discharge into Biscayne Bay by way of the 1 0
Street. In order to minimize the duration of construction in this area and disturbance to the
adjacent properties, the City will include a portion of the stormwater force main into the street
end project through the Joint Participation Agreement (JPA) with FOOT.
On November 27, 2012, an Invitation to Bid (ITB) No. 07-12/13 was issued for construction of
the 10 Street End Improvement Project with an opening date of December 28, 2012. Four bids
were received, however through the Procurement Division's review of each bid for
responsiveness, David Mancini & Sons, Inc. (DMSI) was deemed nonresponsive. As a result,
the following table provides the proposed total base bid prices of the three (3) responsive bids:
Company
FHP Tectonics Corp.
Ebsary Foundation Co.
Lanzo Construction Co. Florida
Total Base Bid
$ 1 ,225,002.38
$ 1,234,500.00
$ 1,355,594.00
The Administrative Review Panel convened on January 4, 2013, to interview the responsive
bidders and evaluate each bid. Ebsary Foundation Co. (Ebsary) received all five first-place
votes for contract award and is being recommended for award under a separate Commission
agenda item.
ANALYSIS
On December 6, 2012, FOOT notified the City that it had received bids for the water main utility
work along Alton Road and that the lowest bid amount received had exceeded the City's initial
deposit of $2,680,670.52 by a net amount of $436,720.13. Per the terms of the Utility Work by
Highway Contractor MOA between FOOT and the City, the City is required to fund any overage
of the lowest bid amount or reject the bids. The FOOT and City peliormed a due diligence
analysis of the bids and found the bids were appropriate. Therefore, an additional deposit is
due to FOOT based on the following computation: $2,783,384.51 (lowest bid amount) x 1.12
(adders) = $3, 117,390.65, less deposit by the City of $2,680,670.52, equals balance due to
FOOT of $436,720.13. Currently, $114,954.48 of contingency is budgeted for this project in the
City's Capita! Plan. Therefore, a net amount of $321,765.65 is required to fully fund the City's
obligation under the terms of the MOA. In accordance with the terms of the MOA for this work,
if any portion of the additional contingency amount funded by the City for the water main
improvements is not used as part of the FOOT project, FOOT will return any unused funds to
the City at the end of project construction. The amended project capital budget sheet is shown
in Attachment A.
On December 19, 2012, FOOT notified the City that it had received the bids for the construction
of a new irrigation system along Alton Road and that the lowest bid amount of $156,101.68 for
this work exceeded the City's initial deposit of $125,000 by a net amount of $31,101.68. FOOT
peliormed a due diligence analysis of the bids and found the bids were appropriate. In
accordance with the terms of the LFA and MOA with FOOT, the City is required to fund any
overage of the lowest bid amount or reject the bids. Therefore, an additional deposit to FOOT in
the amount of $31,101.68 is required by the City in order to fully fund the City's portion of project
costs. Currently, $140,000 is budgeted for this project in the City's Capital Plan. Therefore, a
net amount of $16,101.68 is required to fully fund the City's obligation under the terms of the
MOA and LFA. The amended project capital budget sheet is shown in Attachment B.
317
Commission Memorandum -Resolution Adopting the First Amendment to the Capital Budget for FY 13
January 16, 2013
Page 3 of 3
Currently, the 10 Street End Improvement Project is funded by $472,820 Florida Inland
Navigation District (FIND) grant funds and $542,491 from Pay As You Go. A total of $121,140
of Pay As You Go has been allocated for previous expenditures, additional engineering services
and construction management. The City has entered into a JPA with FOOT to receive additional
$64,185. Thus, there is $958,406 available for construction. The Ebsary bid amount of
$1,234,500 plus a 10% project contingency of $123,450 totals $1,357,900 for construction.
Given that the project's stormwater improvements amount to $756,272 of the net bid amount,
Stormwater Reserves will be utilized to fund this portion of the project. Thus, the 10 Street
contract award funding will be funded by $472,820 FINO grant, $64,185 FOOT and JPA,
$756,272 Stormwater Reserves. The amended project capital budget sheet is shown in
Attachment C.
The water main improvements and the construction of the irrigation system must be fully funded
by the City and constructed as part of the FOOT Reconstruction of Aiton Road from 51h Street to
Michigan Avenue. The construction of the seawall and stormwater drainage improvements at
10 Street must be fully funded to complete the necessary improvements at this street end.
Attachments: A: Alton Road Utilities from 51h to Michigan Capital Budget Sheet
B: Alton Road Irrigation from 5th to Michigan Capital Budget Sheet
C: 10 Street End Improvement Project Capital Budget Sheet
JGG/FHB/JJF/RWS/JRG/ESW
T:\AGENDA\2013\January 16\FDOT Alton Road Water and Irrigation Budget Amendment MEM0(1).doc
318
w ~ <0 Title: Alton Road Utilities from 5th to Michigan Project #: rwsaltutly Department: Public Works Manager: Richard Saltrick Category: cip Domain: Stree!!Sidewalk!Streetscape Improvements Location: southbeach Descrlptio~: Justifocation: ·Operating Categorles :Personnel , Operating and Maintenance 'Miscellaneous TOTAL OPERATING COSTS Project Tlmeline: Description ll/l()nth/Year "~ [)_f)_scriptlon ""--"" Mo_rt!h!Year AlE Agreement Award: Planning Starts: Planning Completion: Design Starts: Design Completion: Bid Start: Bid Completion: Construction Contract Award: Construction Starts: Jun~13 Construction Completion: Jun-14 Annual fneremental Cost ~ rt" rt" PI 0 ::>' B (l) :J rt" :t"i I I I
Mid-year Total Beyond Prior Years Commission Prior 2012113 2013114 2014115 2015116 2016117 2017 Total Cost Category Appropriation Appropriation cm425 Construction Management 425 186.875 0 186,875 0 0 0 0 0 () 186,875 00425 Construction Fund 425 2.034.750 321.766 2,356.516 0 0 0 0 0 0 2,356,516 0042l Construction Fund 427 266,250 () 266,2.50 0 0 0 0 c 0 266.250 ct425 Contingencies Fund 425 229,000 0 229,000 0 0 0 0 0 0 229,000 de425 Design & Ertgineermg Fund 425 345.000 0 345.000 0 0 0 0 0 0 345,000 0 a 0 0 0 0 0 0 0 0 Total 3,061,675 321,766 3,383,641 0 0 0 0 0 0 3,383,641 Mid-year Total Beyond Funding Prior Years Commiss;ion Prior 2012113 2013114 2014115 2015116 2016117 2017 Total Appropriation Appropriation 425 Water & Sewer Enterprise Fund 2,795.625 321.766 3,i17,391 0 0 0 0 (J 0 3.117,391 428 Stormwater Enterprise Fund 266.250 0 266.250 0 0 0 0 0 a 2Q6,250 0 0 0 () 0 0 0 0 0 0 Total Funded 3.061,875 321./66 3.383.641 0 0 0 0 0 0 3,383,641 Total Unfunded Total Variance Explanation w N 0 Unfunded Budget Funded %Funded SW W&S UNF Construction Management 186.875 185,875 5.5% () a 0 Con$~ruction: 2.622.700 2,622.700 77.5% a 0 0 Contingency 229.000 229.000 68% 0 c 0 Design; 345.000 345,000 10.2% 0 0 a Equipment 0 0 (),0% 0 0 0 Program ManaJernent 0 0 00% 0 0 0 r~~al: 3,383,641 3,363,641 100% 0 0 0
w N ~ Title: Alton Road Irrigation from 5th to Michigan Project#: pwaltrdirr Annual Incrementa! Department: Public Works Manag<>r: Richard Saltrick Category: cip Oomaln: Environmental Location: southbeach Description: Justification: Project Timeline: :Operating Categories :personnel Operating and Marntenance ; Miscellaneous TOTAL OPERATING COSTS Cost Installation of an irrigation system and associated elements as part of the FOOT reconstruction of Alton Road from 5th Street to Michigan Avenue. The City of Miami Beach considers Alton Road to be a primary gateway corridor serving the mobility needs of residents and visitors. The City has requested that FOOT include enhancements, such as an irrigation system for the proposed project landscaping, which are considered over and above the standard FDOT improvements. This project is required by FOOT in order for it to construct an irrigation system as part of the Alton Road Reconstruction Project from 5th Street to Michigan Avevenue. Description Month/Year Description Month/Year NE Agreement Award: Planning Starts: Planning Completion: Design Starts: Design Completion: Bid Start: Bid Completion: Construction Contract Award: Construction Starts: Apr .. 13 Construction Completion: Apr~14 ::t' rt' rt' Ill Q :.::r' 3 (l) ;:j (T tJj I I '
Mid-year Total Beyond Prior Years Commission Prior 2012113 2013114 2014/15 2015/16 201$117 2017 Total Co.gt Category Appropriation Appropriation coaos Construclio:m Fund 305 SB QOL 120,000 16,102 136,102 0 0 0 (] 0 0 136.102 ct305 Contingencies FU!ld 305 SB OOL 20,000 0 20,000 0 0 0 0 0 0 20.000 0 0 0 0 0 (l 0 0 0 0 Total 140,000 16,10;1: 156,102 0 0 0 0 (I 0 156,102 Mid-year Total Beyond Funding Prior Years Commission Prior 2012113 2013114 2014115 2015116 2016117 2017 Total Appropriation Appropriation 305 SB Quality of Life Re-<ort rax Fund 140.000 16,102 156.102 0 0 0 0 0 0 166,102 0 0 0 0 0 0 (l 0 0 0 Total Funded 140,000 16,102 156.102 0 () () 0 0 0 156,102 Total Unfunded Total Variance Explanation Unfunded Budget Funded %Funded SW W&S UNF w Construction Management 0 0 00% 0 0 0 N Constr~c!ioo: 136,102 136.102 872% 0 0 0 N Contingency. 20,000 :?.0,000 12.8% 0 0 0 D<ls1gn: 0 0 0,0% 0 0 0 Equipment' 0 0 00% 0 0 0 Program Management: 0 0 0,0% 0 0 a rotal· 156,102 156,102 100% 0 0 0
w N w Title: Seawall-Biscayne Bay St End Enh Phil Project#: ensbiscbse Annual Incremental Cost Department: Public Works Manager: Rirllard Saltrick Category: dp Domain: Seawalls Locatlon: biscaynept Description: Justification: Proje<:! Timeline: Operating Categories Personnel Operating and Maintenance Miscellaneous TOTAL OPERATING COSTS 100 100 The Biscayne Bay Streetends Enhancement Phase II at 1oth Street will provide drainage, streetend landscape and replacement and repair of seawalls along Biscayne Bay. This project wm provide improvements to the stormwater system, minimize land based sediment run-off into Biscayne Bay Aquatic Preserve, and enhance public access to the water. This project includes outfall replacement and improvements. This project is part of a larger city-wide initiative to repair over 100 seawalls that are in disrepair. Additional funding to be provided by reallocation of funding from existing project WesttBay Neighborhood Shore in the amount of $198,918. No anticipated maintenance cost other than inspections. This project is FIND grant eligible. The funding request is for the required 50% matching funds, which would provide for the successful completion of the project upon grant approvaL According to the City code, all seawall must be maintained in good repair so that upland soil, sand, grass or like substance may not escape into any waters within the city, thereby minimizing the potential need and cost associated with dredging and maintain compliance with the National Pollutant Discharge Elimination System (NPDES) permit This project is part of a larger city-wide initiative to repair over 100 seawalls that are in disrepair. Maintenance and improvement of seawalls and associated elements of the stormwater system have both environmental and economic benefits. KIO • Well improved infrastructure • Maintain City's infrastructures. Description Month/Year Description AlE Agreement Award: Planning Starts: Design Starts: Bid Start: Construction Contract Award: Construction Starts: Nov-12 Jan-13 Mar-13 Planning Completion: Design Completion: Bid Completion: Construction Completion: Month/Year Complete Dec-12 Sep-13 :J;;< rt" rt" Pl () ::r !3 (!) ~ rt" (1 1 a I I
w N ~ Cost Category de302 Design/Engineering Fund 302 co30.."l Construction Fvnci 303 c!J\302 Constn;ction Mgmt Fund 302 counf Construction Unfunded co3U2 Construction Fund 302 c0427 Construction Fund 427 ct302 Cootingencies Fund 302 o!303 Other Operating Fund 303 Funding 302 Pay As You Go 427 Storrnwater 303 Gra'1t Funded Total Total Funded T<:>tal Unfunded Tota! Budget r'J:,,i;Xi).Wisl\i;ri#Vij~@J<'¥\,'c~m~~i~~>> ;·· Construction Management Co.."1structio-n: Contingency: Design: Equipment Program ManagemBnt To!~l. PdCH"Y~an; 6,630 325,986 61.405 0 406.146 0 68.31<) 146,834 1,015,31 t PriorY ears 542,491 0 472,!>20 1,015,311 Valiance Budget 61,<!05 1.195,811 68.310 6,630 146,834 0 1,478,990 Mid-year Total Commission Prior Appropriation Appropriation 0 6.530 64,185 390.171 0 61.405 0 0 (356,778) 49,368 756,272 756.272 0 68,310 0 146,824 4Gl,679 1,478,990 Mid-year Total Commissfon Prior Appropriation Appropriation (356.778) 185,713 756,272 756.272 64,185 537,005 463,679 1,478,990 Funded %Funded 61,405 4.2% 1,195,811 80.9% 68.310 4.6% 6,630 04% 146,834 9.9% 0 0.0% 1,478,990 100% Beyond 2012/13 2G1JJ14 2014115 201$/16 2016/17 2017 Total 0 0 c. 0 0 0 6,630 0 0 0 0 0 0 390,171 0 0 0 0 0 61.405 0 0 0 0 0 0 0 0 0 0 0 0 0 49,36$ 0 0 0 0 0 0 ;'!i6,:272 0 0 0 0 0 0 68.310 0 0 0 0 0 0 146.834 0 0 () 0 Q 0 1,4711,990 Beyond 2012113 2013114 2014115 2015116 2016117 2017 Total 0 0 C• 0 0 0 185,713 0 0 0 0 0 0 756,272 0 0 0 0 0 0 537,005 Q 0 0 0 0 0 1,478,990 Explanation Unfunded sw W&S UNF a 0 0 0 [) 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0
RESOLUTION TO BE SUBMITTED
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R5
ORDINANCES
OFFICE OF THE C!TY ATTORNEY
JOSE SMITH, CTY ATTORNEY COMMISSION MEMORANDUM
TO;
FROM:
DATE:
MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
INTERIM CITY MANAGER, ~KATHIE BROOJS
JOSE SMITH, CITY ATTO~ ;..;~!-.·. {/ /
'--· ' . /I,JlPt
JANUARY 16, 2013 -.·.
SUBJECT: AMENDMENTS TO DEBARMENT ORDINANCE
(SECOND READING/
PUBLIC HEARING)
Pursuant to the request of Mayor Matti Herrera Bower, proposed amendments to
the Debarment Ordinance were considered and approved by the City Commission on
First Reading at the November 14, 2012 City Commission meeting. In addition, the
Ordinance was referred to the Neighborhoods and Community Affairs Committee for its
review.
Pursuant to recommendations made at the Neighborhoods and Community
Affairs Committee at its November 19, 2012 meeting, an alternate version of the
Ordinance was submitted for Commission consideration and passed on First Reading at
the December 12, 2012 Commission meeting. The Ordinance is now submitted to the
Mayor and City Commission for Second Reading/Public Hearing.
JS/DT/mmd
F:\ATTO\TURN\MEMOS\Memo re debarment January 8 2013.docx
Agenda Item R 5' P.
Date 1·-lb ~ .. ;?
328
ORDINANCE NO.------
AN 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 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
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,
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; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach deem it in the
best interest of the City to amend the City's debarment provisions and to create provisions and
procedures for the suspension of contractors under certain specified circumstances.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Division 5, entitled ''Debarment of Contractors from City Work," of Article VI, entitled
"Procurement," of Chapter 2, entitled "Administration," of the Miami Beach City Code is hereby
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amended as set forth below. Other sections in Division 5 are also provided for reference
purposes.
CHAPTER 2
ADMINISTRATION
* * *
ARTICLE VI. PROCUREMENT
DIVISION 5. Debarment of Contractors from City Work
Sec. 2-397. Purpose of debarment and suspension.
(a) The city shall solicit offers from, award contracts to, and consent to
subcontractors with responsible contractors only. To effectuate this policy, the
debarment and suspension of contractors from city work may be undertaken.
(b) The serious nature of debarment and suspension requires that this sanction be
imposed only when it is in the public interest for the city's protection, and not for
purposes of punishment. Debarment and suspension shall be imposed in
accordance with the procedures contained in this division.
Sec. 2-398. Definitions.
As used in this division:
(a) Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates
of each other if, directly or indirectly, (i) either one controls or has the power to control
the other, or (ii) a third party controls or has the power to control both. Indicia of control
include, but are not limited to, a fiduciary relation which results from the manifestation
of consent by one individual to another that the other shall act on his behalf and
subject to his control, and consent by the other so to act; interlocking management or
ownership; identity of interests among family members; shared facilities and
equipment; common use of employees; or a business entity organized by a debarred
entity, individual, or affiliate following debarment of a contractor that has the same or
similar management, ownership, or principal employees as the contractor that was
debarred or suspended.
(b) Civil judgment means a judgment or finding of a civil offense by any court of competent
jurisdiction.
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(c) Contractor means any individual or other legal entity that
(1) Directly or indirectly (e.g., through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be awarded,
a city contract, including, but not limited to, vendors, suppliers, providers,
bidders, proposers, consultants, subcontractors, and/or design professionals;
or
(2} Conducts business, or reasonably may be expected to conduct business,
with the city as an agent, representative or subcontractor of another
contractor.
(d) Conviction means a judgment or conviction of a criminal offense, be it a felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict
or a plea, and includes a convictions entered upon a plea of nolo contendere.
(e) Debarment means action taken by the debarment committee.._ or by the mayor and city
commission as provided in this division, to exclude a contractor (and, in limited
instances specified in this division, a bidder or proposer} from city contracting and city
approved subcontracting for a reasonable, specified period, as provided in subsection
0) be lev;; a contractor so excluded is debarred not to exceed five (5) years.
(f) Debarment committee means a group of seven ill individual members, each
appointed by the mayor and individual city commissioners, to evaluate and, if
warranted, to impose debarment or suspension.
!.91 Designated Investigator means the person (or persons) charged by the city manager
with the duty to investigate and prepare a written report concerning a proposed
debarment or suspension. including the cause and grounds therefor, and whether
there is probable cause to support the request for suspension or debarment.
{~).(.blGreater weight of the evidence means proof by information that, compared with that
opposing it, leads to the conclusion that the fact at issue is more probably true than
not.
f:Rtill.lndictment means indictment for a criminal offense. An information or other filing by
competent authority charging a criminal offense shall be given the same effect as an
indictment.
fitill.Legal proceeding means any civil judicial proceeding to which the city is a party or any
criminal proceeding. The term includes appeals from such proceedings.
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ijt.(hlUst of debarred contractors means a list compiled, maintained and distributed by the
city's procurement office, containing the names of contractors debarred under the
procedures of this division.
ill List of suspended contractors means a list compiled, maintained and distributed by the
city's procurement office containing the names of contractors suspended under the
procedures of this division.
1ml.Probable cause means that there is cause to believe that a contractor is guilty of an
act or actions that are cause for suspension or debarment as provided in this division.
fnl Suspension means action taken by the debarment committee, or by the mayor and city
commission as provided in this division. to exclude a contractor, {and. in limited
instances specified in this division. a bidder or proposer) from city contracting and city
approved subcontracting for a reasonable specified period, not to exceed two (2)
years.
Sec. 2-399. List.§ of debarred and suspended contractors.
(a) The city's procurement office, as the agency charged with the implementation of
this division, shall:
(1) Compile and maintain a current, consolidated list (list) of all contractors
suspended or debarred af!G by the city eepartments. Such list§. shall be
public record and shall be available for public inspection and
dissemination;
(2) Periodically revise and distribute the list and issue supplements, if
necessary, to all departments, to the office of the city manager, and to the
mayor and city commissioners; and
(3) Included in the list§. shall be the name and telephone number of the city
official responsible for its maintenance and distribution.
{b) The debarment and suspension list§ shaH indicate:
(1) The names and addresses of all contractors debarred, or suspended, in
alphabetical order;
(2) The name of the city department that recommendeds initiation of the
debarment or suspension action;
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{3) The cause for the debarment or suspension action, as is further described
herein,-GF-etfler statutory or regulatory authority;
(4) The effect of the debarment or suspension action;
(5) The termination date for each listing;
(6) The contractor's certificate of competency or license number, when
applicable; and
{7) The person through whom the contractor is qualified, when applicablej
fS1 The narne and telephone number of the point of contact in the department
recommending the debarment or suspension action.
(c) The city's procurement office shall:
( 1) In accordance with internal retention procedures, maintain records
relating to each debarment or suspension;
{2) Establish procedures to provide for the effective use of the debarment
and suspension list§,, including internal distribution thereof, to ensure that
departments do not solicit offers from, award contracts to, or consent to
subcontracts with contractors on the list§; and
(3) Respond to inquiries concerning listed contractors and coordinate such
responses with the city department that recommended the action.
Sec. 2-400. Effects of debarment and suspension.
(a) Debarred or suspended contractors are excluded from receiving contracts, and
city departments shall not solicit offers from, award contracts to, or consent to
subcontracts with these contractors, unless the city manager determines that an
emergency exists justifying such action, and obtains approval from the mayor
and city commission, which approval shall be given by a five-sevenths {5/7ths)
vote of the city commission at a regularly scheduled city commission meeting.
Debarred or suspended contractors are also excluded from conducting business
with the city as agents, representatives, subcontractors or partners of other
contractors.
(b) Debarred or suspended contractors are excluded from acting as individual
sureties.
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Sec. 2-401. Continuation of current contracts/disqualification from bids.
(a) Commencing on the effective date of this division, all proposed city contracts, as
well as request for proposals (RFP), request for qualifications (RFQ), requests for
letters of interest (RFLI), or bids issued by the city, shall incorporate this
ordinance and specify that debarment or suspension may constitute grounds for
termination of the contract, as well as disqualification from consideration on any
RFP, RFQ, ~or bid.
(b) The debarment or suspension shall take effect in accordance with the notice
provided by the city manager pursuant to subsection 2-405(Al} below, except that
if a city department has contracts or subcontracts in existence at the time the
contractor was debarred, or suspended, the debarment or suspension period
may commence upon the conclusion of the contract, subject to approval of same
by a five-sevenths (5/7ths) vote of the mayor and city commission at a regularly
scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current
contracts, or consent to subcontracts with debarred or suspended, contractors,
unless the city manager determines that an emergency exists justifying the
renewal or extension or for an approved extension due to delay or time extension
for reasons beyond the contractor's control. and such action is approved by a
five-sevenths (5/?ths) vote of the mayor and city commission at a regularly
scheduled meeting.
{d) No further work shall be awarded to a debarred or suspended contractor in
connection with a continuing contract, where the work is divided into separate
discrete groups and the city's refusal or dental of further work under the contract
will not result in a breach of such contract.
Sec. 2~402. Restrictions on subcontracting.
(a) When a debarred or suspended contractor is proposed as a subcontractor for
any subcontract subject to city approval, the department shall not consent to
subcontracts with such contractors unless the city manager determines that an
emergency exists justifying such consent, and the mayor and city commission
approves such decision, by a five-sevenths (5/7ths} vote, at a regularly
scheduled meeting.
(b) The city shall not be responsible for any increases in project costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 2-402(a) above, provided the
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subcontractor was debarred or suspended prior to bid opening or opening of
proposals, where the contract was awarded by the city pursuant to an RFP, RFQ,
~or bid.
Sec. 2-403. Debarment and suspension.
(a) The debarment committee or, at its option and by a majority vote, the mayor and
city commission, may, in the public interest, debar or suspend a contractor for
any of the causes listed in this division, using the procedures outlined below. The
existence of a cause for debarment or suspension, however, does not
necessarily require that the contractor be debarred or suspended; the
seriousness of the contractor's acts or omissions and any mitigating factors
should be considered in making any debarment or suspension decision.
(b) Debarment constitutes debarment of all officers, directors, shareholders owning
or controlling 25 percent or more of the stock, partners, divisions or other
organizational elements of the debarred contractor, unless the
debarmentdebarred decision is limited by its terms to specific divisions,
organizational elements, or commodities. The debarment committee's (or the
mayor and cfty commission's. as the case may be) decision includes any existing
affiliates of the contractor, if they are 0) specifically named and (ii) given written
notice of the proposed debarment and an opportunity to respond.
(c) Suspension constitutes suspension of all officers, directors, shareholders owning
or controlling 25 percent or more of the stock, partners. divisions or other
organizational elements of the suspended contractor, unless the suspension
decision is limited by its terms to specific divisions, organizational elements, or
commodities. The debarment committee's (or the mayor and city commission's)
decision includes any existing affiliates of the contractor, if they are (i) specifically
named and (ii) given written notice of the proposed suspension and an
opportunity to respond.
f.9l A contractor's debarment or suspension shall be effective throughout city
government
.(stl Nothing in this division shall preclude the city from pursuing any other available
legal or equitable remedies against the contractor.
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Sec. 2-404. Causes for debarment and suspension.
(a) Debarment. "fl:le debarment committee shall debar aA contractor shall be
debarred for a conviction or civil judgment:
(1) For commission of a fraud or a criminal offense in connection with
obtaining, attempting to obtain, performing, or making a claim upon a
public contract or subcontract, or a contract or subcontract funded in
whole or in part with public funds; or
{2) For violation of federal or state antitrust statutes relating to the
submission of offers; or
(3) For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property; or
( 4) For commission of any offense indicating a lack of business integrity or
business honesty that may seriously and directly affect the present
responsibility of the contractor on a city contract or subcontractor; or
@ For commission of any criminal activity as defined in Chapter 772 of the
Florida Statutes, and as that Chapter may be amended; or the aiding or
abetting of anv offense in subsections (a)(1 )-(3) or (a)(5); or
.@1 Which makes the city the prevailing party in a legal proceeding, and a
court determines that the law.sWt lsJetween the claim(s) filed by the
contractor amJ against the city was frivolous or filed in bad faith.
(b) The committeeA contractor may be debarred or suspended acontraotor (and, in
limited instances set forth hereinbelow, a bidder or proposer).L based upon the greater
weight of the evidence, for:
( 1 ) Violation of the terms of a city contract or subcontract, or a contract or
subcontract funded in whole or in part by city funds, ~ including,
without limitation, failure to perform or unsatisfactorv performance in
accordance with i) one or more of the terms of such contracts or
subcontract, as certified by the city department administering the contracti
or ii} the specifications and/or budget or within the time limit provided in
the contract or the failure to periorm, or unsatisfactorily-~
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336
asoordanse vvith the terms of one or more sontrasts, as sertified by an
independent registered arshitest, engineer.-GF general sontraotor; or
(2) A consistent pattern or documented history of significant deviation from
contract specifications, engineering standards, design or material
requirements or safety regulations, where such pattern or history has first
been presented to the contractor by the city department administering the
contract. and where the contractor continues to engage in such
deviations; or
Q} Violation of the ethical standards set forth in local, state, or federal law, or
knowingly failing to disclose criminal or fraudulent conduct relating to
public procurement. public officials. or the public trust; or
ffi By reason of a contractor's admitted commission, aiding, or abetting of
any offense specified in subsection (a); or
@ Violation of a city ordinance or administrative order which lists debarment
or suspension as a potential penalty: or;-
@l For any other cause so serious or compelling of a nature that it seriously
and directly affects the responsibility of the contractor on a city contract or
subcontract.
Sec. 2-405. -Debarment and suspension procedures.
(a) Requests for the debarment or suspension of g contractors may be initiated by a
city department or by a citizen-at~large and shall be made in writing on a form
promulgated by the city administration (and approved by the city commission) to
the office of the city manager. Upon receipt of a request for debarment QI
suspension, the city manager shall transmit the request to a designated
investigator who shall be charged by the city manager with the duty of promptly
investigating and preparing a written report concerning the proposed debarment
or suspension, including the grounds for debarment or suspension, as set forth in
this division, and the designated investigator's findings and recommendation as
to whether probable cause exists to proceed with the request or whether the
matter should be dismissed.
(b) Upon completion of the aforestated written report, the city manager shall forward
said report to the mayor and city commission at a regularly scheduled meeting.
9
337
The mayor and city comm1ss1on shall consider the designated investigator's
written report and recommendation and determine whether:
ill a hearing for debarment or suspension should be conducted; or
® no probable cause exists for the allegations in the written request for
debarment or suspension and the matter should be dismissed; or
fllil further investigation should be made prior to considering whether a
hearing should be conducted or the matter should be dismissed; or
.{jyl other action, as may be appropriate, should be taken.
(c) If the mayor and city commission determine that a hearing should be conducted,
the mayor and city commission shall forward the report to the debarment
committee or. at its option and by majority vote, the mayor and city commission
may elect to hear the matter as the trier of fact instead of the debarment
committee.
{ GQ) Notice of proposal to debar or suspend. Within ten li.Ql working days of the
debarment Gemmitteemayor and city commission having made a determination
that a hearing shall be conducted, the city's procurement office, oo-bel:lalf of the
debarment committee, shall issue a notice of proposed debarment or suspension
advising the contractor and any specifically named affiliates, by certified mail,
return receipt requested, or personal service, containing the following
information:
(1) That debarment or suspension is being considered;
(2) The reasons and causes for the proposed debarment or suspension in
terms sufficient to put the contractor and any named affiliates on notice of
the conduct or transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the debarment committee~
the mayor and city commission pursuant to a majority vote of the mayor
and city commission, on a date and time not less than thirty {301 days
after service of the notice. The notice shall also advise the contractor that
it may be represented by an attorney, may present documentary evidence
and vefba.J testimony, and may ~ rebut evidence and 9:Q§§.:
examine testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of
proposed debarment or suspension, and of the potential effect of an
actual debarment or suspension.
10
338
(dg) No later than seven ill working days prior to the scheduled hearing date, the
contractor must furnish the city's procurement office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the
list, in writing, at least seven ill working days prior to the hearing, or fails to seek
an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The debarment committee, or if heard by
the mayor and city commission, the mayor and city commission has the right to
grant or deny an extension of time, and, for good cause, may set aside the
waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
{eD Hearsay evidence shall be admissible at the hearing but shall not form the sole
basis for initiating a debarment or suspension procedure nor the sole basis of
any determination of debarment or suspension. The hearing shall be transcribed,
taped_.. or otherwise recorded by use of a court reporter, at the election of the
committee or, if heard by the mayor and city commission. at the election of the
mayor and city commission and at the expense of the city. Copies of the hearing
tape or transcript shall be furnished at the expense and request of the requesting
party .
.(g} The city's procurement office shall act as staff to the debaFmeRt oommitteetrier of
fact and, with the assistance of the designated investigator, present evidence
and argument to the trier of factdebarment committee.
{bl The city attorney's office shall represent the trier of fact and may present
evidence and testimony at the debarment or suspension hearing and may rebut
evidence and cross-examine testimony presented at the debarment hearing.
(fi) Debarment committee's or suspension decision. In actions based upon a
conviction or judgment, or in which there is no genuine dispute over material
facts, the debarment committee shall make -a-decision shall be made on the
basis of all the undisputed, material information in the administrative record,
including any undisputed, material submissions made by the contractor. The
debarment committee or, if heard by the mayor and city commission, the mayor
and city commission. shall be the sole trier of fact. Where actions are based on
disputed evidence, the debar-ment committeetrier of fact shall decide what weight
to attach to evidence of record, judge the credibility of witnesses, and base its
decision on the greater weight of the evidence standard. +J:le debarmeRt
GGmmittee shall be the sole trier of fact. The committee'sdecision shall be made
11
339
within ten .{1Ql working days after conclusion of the hearing, unless the
debarmeRt-oommittee extends this period is extended for good cause.
(91) The committee'sdecision shall be in writing and shall include the
committee'sfactual findings, the principal causes of debarment or suspension as
enumerated in this division, identification of the contractor and all named affiliates
affected by the decision, and the specific term, including duration, of the
debarment or suspension imposed.
(~.!s) Notice of debarment GfJmmittee'sor suspension decision.
{1) If the debarment committee decides to imposedebarment or suspension
is imposed, the city manager shall give the contractor and any named
affiliates involved written notice by certified mall, return receipt requested,
or hand delivery, within ten llQl working days of the decision, specifying
the reasons for debarment or suspension and including a copy of the
committee'swritten decision; stating the period of debarment or
suspension, including effective dates; and advising that the debarment or
suspension is effective throughout the city governmentdepartments.
(2) !f Ggebarment or suspension is not imposed, the city manager shall notify
the contractor and any named affi!iates, by certified mail, return receipt
requested, or personal service, within ten .{1Ql working days of the
decision.
(i!) All decisions of the debarment committeeof debarment or suspension shall be
final and shall be effective on the date the notice is signed by the city manager.
Decisions ef the debarment cemm#teeare subject to review by the Appellate
Division of the Circuit Court. A debarred or suspended contractor may seek a
stay of the debarment or suspension decision in accordance with the Florida
Rules of Appellate Procedure.
Sec. 2~406. ~ Period of debarment or suspension.
(a) The period of debarment or suspension imposed shall be within the sole
discretion of the debarmeAt cemmitteetrier of fact. Debarment or suspension
shall be for a period commensurate with the seriousness of the cause(s), and,
where applicable, within the guidelines set forth below, but in no event shall
debarment exceed five @ years, or suspension exceed two {2) years.
12
340
(b) Debarment The following guidelines for the period of debarment shall apply
except where mitigating or aggravating circumstances justify deviation:
( 1) For commission of an offense as described in subsection 2-404( a)( 1 ):
Five .{§} years.
(2) For commission of an offense as described in subsection 2-404(a)(2):
Five .{§} years.
(3) For commission of an offense as described in subsection 2-404(a)(3):
Five .{§} years.
{4) For commission of an offense as described in subsection 2-404(a)(4).:{ID:
Two f6l to five @ years.
{5) For commission of an offense as described in subsections 2-404.(Ql(Gjf41
~: Two 0 to five@. years.
(c) Suspension. The following guidelines for the period of suspension shall apply
except where mitigating or aggravating circumstances justify deviation:
For commission of an offense as described in subsection 2-404(b):
Up to two (2) years.
@ The debarment committeetrier of fact may, in its sole discretion, reduce the
period of debarment or suspension, upon the contractor's written request, for
reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment or
suspension was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment or suspension was
imposed; or
(5) Other reasons the debarment committeetrier of fact deems appropriate.
(d~) The debarred or suspended contractor's written request shall contain the reasons
for requesting a reduction in the debarment or suspension period. The city's
13
341
procurement office, with the assistance of the affected department, shall have
thirty (301 days from receipt of such request to submit a written response thereto.
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,"
"artide,n or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the __ day of December, 2012.
PASSED and ADOPTED this __ day of ______ , 2012.
ATTEST:
MATTI HERRERA BOWER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and strike through denotes deletions
F:\ATTO\AGUR\RESOS·ORD\Debarmen1 and Supsension ofCon1ractors from City Work (Option B Final J2.J4-l2).docx
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!
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14 \~
~.~,, ··"·-· ...::_-··· .__.._.
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXE UTlON
IL .. ~.~~<:1/
Date
MlftJv\IB
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public
hearing will be held by the Mayor and City Commission of the City
of Miami Beach, Florida, ln the Commission Chambers, 3rd Roor,
City Hall, 1700 Convention Center Drive, Miami Beach, Flor!da, on
Wednesday, January 16, 2013, to consider the following:
11:00a.m.
An Ordinance Of The Mayor And City Commission Of The City Of
Miami Beach, Florida, Amending Chapter 2 01 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 Amend(ng Section 2-397, Entitled
"Purpose Of Debarment," To Provide The Purpose For Suspensions;
By Amending Section 2-398, Entitled ''Defin!tions," To Provide
Additional Definitions Regarding Suspension Of Contractors; By
Amending Section 2-399, Enlilled "List Of Debarred Contractors;•
To Provide For The Additional Usllng Of Suspended Contractors; By
Amending Section 2-400, Entitled "Effects Of Debarment" To Provide
Far 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
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 Provldlng For Add!tlonaf
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;
Providing For Repealer; Severability; Codification; And An Effective
Date.
lnquir'.es may be directed to the City Attorney's Office at (305) 673-7470.
INTERESTED PART!ES 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 Ci1y Clerk, i 700 Convention Center
Drive, 1st Floor, City Half, Miami Beach, Florida 33139. Copies of
these items are available for public inspection during norma! business
hours In the City ClerK's Off!ce, 1700 Convention Center Drive, 1st
Floor, City Hall, Miami Beach, F!or!da 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 Sect! on 286.0i 05, Fla. Stat, the City hereby advises the
public that if a person decides to appeal any declsion 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 accessibie 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) 673-741 1{voice} or TTY users may also call the Florida
Relay Service at 711.
Ad #756_
343
JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM
TO:
CC:
FROM:
DATE:
Mayor Matti Herrera Bower
Members of the City Commission
Kathie Brooks, lnteri~Si:ty-2M. · .a.ge.r .· ?~~-COND READING
Jose Smith, City A~~6~ --?Pv-;, / 1 ( l ' c"'
January 16, 2013 '·~--~ ·---·-·""
....... ,_ ...
SUBJECT: 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
proposed Ordinances amend and set 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.
344
Agenda Item RS"t3
Date J-I fo -13
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,
Modified Option A is the version approved by the City Commission on First
Reading on July 18, 2012 and referred to the Finance and Citywide Projects
Committee ("FCWPC"). This version reflects minor corrective amendments that
add line items for deferred compensation and a vehicle allowance for the City
Manager that reflect the actual benefits received by Interim City Manager Kathie
Brooks. Option 8 is the proposal of the Finance and Citywide Projects
Committee. Modified Option C is the proposal of Commissioner Jonah Wolfson
and the City Attorney's Office.
First Reading Version -Modified Option A
The attached Modified 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
345
the Commission agenda for Second Reading/Public Hearing, but was continued
to December 12, 2012 pending consideration by the FCWPC. Subsequent to the
FCWPC meeting, minor corrective amendments were made to add line items for
deferred compensation and a vehicle allowance for the City Manager that reflect
the actual benefits received by Interim City Manager Kathie Brooks, and a line
item for the City Attorney's city vehicle to reflect actual vehicle benefits received.
Finance and Citywide Projects Committee Version -Option B
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 and City Attorney's Version -Modified
Option C
The Ordinance attached hereto as Option C reflects the proposals of
Commissioner Jonah Wolfson and the City Attorney's Office. This version
provides a salary range for the City Manager and City Attorney and certain
specified categories of compensation.
Conclusion
The City Attorney concurs with Commissioner Jonah Wolfson that
Modified Option C provides both transparency and flexibility and would be more
likely to withstand a legal challenge based on a strict City Charter interpretation.
JS/OT/mmd
F:\.A TTO\SMIJ\COMM!SSION MEMOS\Salary Ordinance January 2 2013.docx
346
MODIFIED 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
GRAD Iii
.26-----tD=~t.e*t~er+~m-ffiin~eftdHb:H.yHt++hee--bCrtt:it,.,...y -
Commissief:l-
GeteffRined by the GH:-y
Gemmissifm-
Grade, Classifications and Compensation for the City Manager and City Attorney
CITY MANAGER BASE SALARY/RANGE $162,916.00 to $263,126.00/yr
DEFERRED COMPENSATION
HEALTH, LIFE &
OTHER
INSURANCE:
347
City pays premium for term life
insurance policy, and for
hospitaHzation. surgical and
comprehensive medical, dental
and vision insurance
VEHICLE ALLOWANCE
PROFESSIONAL
DEVELOPMENT:
OTHER BENEFITS:
CITY ATTORNEY BASE SALARY/RANGE:
GRADE
SECTION 2. REPEALER.
DEFERRED
COMPENSATION:
HEALTH, LIFE &
OTHER
INSURANCE:
CITY VEHICLE
PROFESSIONAL
DEVELOPMENT:
OTHER BENEFITS:
MINIMUM
BIWEEKLY
* * *
Dues and subscriptions as
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,
glanning 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.
2
348
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. 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
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349
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
MJ.NIMUM
~-¥
~-----Getermined by--the--Gty--
~fl-
MAXIMUM
81VVEEKb¥
Getermined by tA-e---G#y
Gemmission
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 Comgensation for the City Manager and City Attorney
*26 CITY MANAGER BASE SALARY/RANGE $162,916.00 to $263, 126.00/yr
350
*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 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 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:
j
Rafael E. Granado, City Clerk
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351
MODIFIED OPTION "C"
{COMMISSIONER WOLFSON'S AND CITY ATTORNEY'S OFFICE 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 as follows:
CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS
A. Salary Grades and Ranges
GRADE MINIMUM-
26--DetermiRed by the City
~
MAXIMUM
~
GommissioR
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 1 Classifications and Compensation for the City Manager and City Attorney
26 CITY MANAGER BASE SALARY: $162,916.00/yto $263,126.00/yr
Medical insurance,
Dental Insurance,
352
Life Insurance
457 Deferred
Compensation
Vehicle allowance
Planning Days
Annual Vacation,
Sick Leave,
Floating, and
Birthday
CITY ATTORNEY BASE SALARY:
GRADE
SECTION 3. REPEALER.
Medica! insurance,
Dental Insurance,
Life Insurance
457 Deferred
Compensation
City Vehicle
Planning Days
Annual Vacation,
Sick Leave,
Floating, and
Birthday
MINIMUM
BIWEEKLY
* * *
As provided in
the Unclassified
Employees Leave
Ordinance
$162,916.00/yr to $263, 126.00/yr
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
353
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.
ATTEST:
Rafael Granado, City Clerk
(Sponsored by Commissioner
Jonah Wolfson}
Matti Herrera Bower, Mayor
Date
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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 Miamr Beach and the Future Land Use Map (FLUM) of
the City of Miami Beach, for the Miami Heart Institute property.
Ke lntended Outcome Su orted:
Neighborhood satisfaction and maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc More than h-a-;:;!f-o7f-a:-o-U -re-s-,-id:-e-n~tia-:-1-respondents,
55%, su ested the effort put forth b the Cit to re ulate develo ment is "about the ri ht amount"
Item Summa /Recommendation:
SECOND READING
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 Pubfic Hearing for December 12, 2012. This public hearing was
opened and continued to January 16, 2013.
The Administration recommends that the City Commission adopt the Zoning Map Amendment
Ordinance and the FLUM Amendment Ordinance.
Advisory Board ~ecommendation.; ---:--------:-:------,
! On July 24, 2012, the Planning Board recommended that the City Commission approve the
L2.roposed ordinances by a _yote of 5-0 (1 member absent, 1 position vacant).
Financial Information:
Source of ~--::::---+---A-m~o-u-nt __ J+=---------·_A_c_c_o_u_n_t -~~·------t
Funds: ; 1 ___ J_
II ~--~,_..__.2_..,_... __ ~ l [ _ __j I 3
-OBPI :_jr=o-t_a_l ============--+-~ ----~~-~-~~~~~~~~~~~~~~~~~-----------------==--........;
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 result in 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.
SpecificaHy, municipal related services such as waste collectlon. on-street parking enforcement, and
infrastructure maintenance are expected to be significantly less for a 122 unit apartment structure,
rather than a large, full service hospital and medical campus. Additionally, any increase in City
services that may resuft from the change in zoning and conversion to a residential use would be
more than offset by the expected increase in revenue from the expanded ad valorem tax
assessments .
.....c:..;..:.;:.:._ ____ ~~· --:::::---7":---------~ ---------------'
Cit Clerk's Offic!_. Legislative Tracking:_
Richard Lorber or Thomas Mooney Si n~Off~s_: _________________ _
Department Director
'
356
AGENDA ITEM R s c_
DATE 1-/(o ·" 13
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfLgov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of th~ City CTission
Kathie G. Brooks, Interim City Manager j(:.fo r '
January 16, 2013 I
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 uA" HERETO, FROM THE
CURRENT ZONING CLASSIFICATION HD, uHOSPITAL DISTRICT," TO THE
PROPOSED ZONING CLASSIFICATION RM-1 RESIDENTIAL MULTI-
FAMILY LOW INTENSITY," PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Zoning Map Amendment Ordinance and the FLUM Amendment Ordinance.
BACKGROUND
The applicant, 4701 North Meridian, LLC, submitted a request to amend the Future Land
Use Map of the Comprehensive Plan and the Official Zoning District Map of the City of
357
Commission Memorandum
Miami Heart Institute •• FLUM and Zoning Map Change
January 16, 2013 ---~~~----------~Page 2 of 6
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.
358
Commission Memorandum
Miami Heart Institute-FLUM and Zoning Map Change
January 16, 2013
City Charter
Page 3 of 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 vittue 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) ...
Fotlowing 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 Jot fine).
(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 histotic 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 followrng 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 buflding 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
the Life Safety Code.
359
Commission Memorandum
Miami Heart Institute -FLUM and Zoning Map Change
January 16, 2013 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
shafl 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 aflows for Conditional Uses such as adult congregate living facility; day care
faciHty; 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 availabiHty,
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
government should send a copy of the adopted small scale amendment to the State
360
Commission Memorandum
Miami Heart Institute -· FLUM and Zoning Map Ct1ange
.!anuarf16, 2013 Page 5of 6
--------'
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 residenttal 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 feast 5 years) of this proposed legislative action. The proposed Ordinance
should not result in a significant fiscal impact upon the City, but should significantly
increase the property's value, as the defunct hospital building is renovated and
converted into habitable apartment units.
Specifically, municipal related services such as waste collection, on-street parking
enforcement, and infrastructure maintenance are expected to be significantly less for a
122 unit apartment structure, rather than a large, full service hospital and medical
361
Commission Memorandum
Miami Heart institute -FLUM and Zoning Map Change
January 16, 20}_3 ___ ~ Page 6 of 6
campus. Additionally, any increase in City services that may result from the change in
zoning and conversion to a residential use would be more than offset by the expected
increase in revenue from the expanded ad valorem tax assessments.
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 is expected to be fully
executed prior to the January 16, 2013 City Commission meeting.
The proposed 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 January 16, 2013.
The ORB considered the applicants residential proposal, as a preliminary evaluation, on
December 4, 2012, In light of the fact that final DRB approval was not granted, the
matter was opened and continued at the December 12, 2012 City Commission meeting
to a date certain of January 16, 2013. The subject project is scheduled to go before the
DRB for final approval on January 8, 2013.
CONCLUSION
The Administration recommends that the City Commission adopt the Zoning Map
Amendment Ordinance and the FLUM Amendment Ordinance.
\Z.l-
KGB/JGG/RGL:TRM
T;\AGENDA\2013\January 16\Miami Heart HD-MEMO 2ND.docx
362
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
FUTURELANDUSECATEGORYFORTHEPARCELKNOWNASTHE
"MIAMI HEART INSTITUTE/' MORE PARTICULARLY DESCRIBED IN
THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO,
FROM THE CURRENT PF-HD, "PUBLIC FACILITY, HOSPITAL,n 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 ln 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."
363
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 invaHdity.
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-
364
/--;;;,.""'"-#----
MAYOR
IJ .. 27·J2
Date
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 UMiami Heart Institute," located at 4701 Meridian Avenue, from HO, 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 wUI 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."
365
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.
AITEST:
CITY CLERK
First Reading: October 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-
366
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/d /' /L;i.. ~-IJ~2:1~J'2
Date
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.
367
COMMISSION ITEM SUMMARY
First Reading to consider an Ordinance Amendment proposing to require Conditional Use approval
for Second Hand Goods Stores dealin in Precious Metals
Neighborhood satisfaction and Maintain strong growth management policies.
Supporting Data-(Surv-eys, Environmental Scan, etc More than half of all residential respondents,
55%, su ested the effort put forth b the Ci to re ulate develo mentis "about the ri ht amount"
Issue:
Should the City Commission approve an Ordinance at First Reading requiring Conditional Use
a roval from the Plannin Board for Second Hand Goods stores dealin in Precious Metals?
FIRST READING
The proposed Ordinance would treat Secondhand Goods stores that deal in Precious Metals to be
approved as Conditional Uses by the Planning Board. The ordinance would treat them in the same
way as currently applied to Pawn Shops, requiring Conditional Use in areas where permitted, and
prohibiting them in certain other areas.
The Administration recommends that the City Commission approve the Planning Department version
of the Ordinance on First Reading and set a Second Reading Public Hearing for February 6, 2013.
Advisory Board Recommendation~.--------·~~--=------~:------~
I On June 28, 2011, the Planning Board considered the proposed amendment drafted by staff, and
commended that the Ordinance only include the Conditional Use requirement only for second hand
ecious metals, as they were concerned about affecting used furniture shops and "thrift" shops, as
rrently defined in the State statute as second hand goods.
Financial Information:
Source of
Funds:
-~~ ----·~---'
I J : 3 1 ------~~:~~~~~~~~~~~---------~--------~
OBPI I Tota.l .j __
Financial Impact Summary: The proposed ordinance should not have any direct fiscal impact
_y_eon the resources of the City a;.;;_t -'-th-'is:;__t:..;.im __ e.;;_·'--------~~~·---·-----~~-------'
City Clerk's Office leg_is-,-1.,.-at_iv_e_T_ra_c __ k_i_n=g_: -------~
\ Richard Lorber or Thomas Mooney ~
Si n-Offs:
MIAMI BEACH 368
AGENDA ITEM R 5' D
DATE [-lb··l'$
m MIAMI BEACH ~
City of Miami Beach, 1700 Convention Cer.ter Drive, Miami Beoch, Fiorido 33139, www.miomibeochf!.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROMe Kathie G. Brooks, Interim City Manage/.,0{ ~ .
DATE: January 16,2013
FIRST READING
SUBJECT: Second Hands Goods Stores -Precious Metals
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, AMENDING THE CITY CODE, BY
DELETING CHAPTER 18, "BUSINESSES", ARTICLE XII,
.. SECONDHAND GOODS .. , DIVISION 3, "PAWNSHOPS"; AND
DIVISION 4, "SECONDHAND DEALERS,; AND BY AMENDING
CHAPTER 102, "TAXATION .. , ARTICLE V, "LOCAL BUSINESS
TAX", SECTION 102-356, "CONSTRUCTION OF ARTICLE;
DEFINITIONS"; IN ORDER TO CONFORM CITY CODE
PROVISIONS ON PAWNSHOPS AND SECONDHAND GOODS
WITH APPLICABLE FLORIDA STATUTES; AND BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II "DISTRICT REGULATIONS/' DIVISION 4 "CD-1
COMMERCIAL, LOW INTENSITY DISTRICT," SECTION 142-273,
"CONDITIONAL USES" AND DIVISION 5 "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT/' SECTION 142-303
HCONDITIONAL USES" BY INCLUDING SECOND HAND
DEALERS OF PRECIOUS METALS AS A CONDITIONAL USE IN
THE CD-1 AND CD-2 ZONING DISTRICTS; AND DIVISION 6,
"CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION
142-335 "PROHIBITED USES" AND DIVISION 18 "PS
PERFORMANCE STANDARD DISTRICT," SECTION 142-693(C)
"PERMITTED USES," BY INCLUDING SECOND HAND
DEALERS OF PRECIOUS METALS AS PROHIBITED USES IN
THE CD-3 AND PS DISTRICTS, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on First Reading and set a Second Reading Public Hearing for
February 6, 2013.
BACKGROUND
A discussion to tighten the City ordinance involving conditional use procedure for second
hand stores was referred to the Land Use and Development Committee by the City
Commission on November 17, 2010, at the request of Commissioner Gongora. On
369
Commission Memorandum
Second Hand Goods Stores -Precious Metals
January 16, 2013 Page 2 of 3 -------'=--
December 13, 2010, the Land Use Committee referred the matter to the Planning Board
as an Ordinance Amendment.
ANALYSIS
Currently the City Code specifies that in those commercial zoning districts that permit
them, pawnshops are a Conditional Use, requiring review and approval by the Planning
Board. Pawnshops are specifically defined in the City Code.
Another type of business, which is related to pawnshops, are second hand goods. The
City has two types of second hand goods licenses, either apparel. Le. used clothing, or
non-apparel. Second hand goods non-apparel can be any type of hard good, used
furniture and the like, but most often is characterized by the buying and sometimes
selling of gold and jewelry items. This use is very similar to pawnshops, except they do
not deal in "pawns" or loans for a specific amount of time secured by the goods pawned,
but rather engage in a straight purchase of the proffered goods.
In 1994 the City enacted restrictions on pawnbroking, requiring Conditional Use
approval. Originally, staff believes that this was intended to extend to second hand
goods dealers as well; however, changes to State law split pawnbroking from second
hand goods, and the City ordinance requiring Conditional Use was not applied to second
hand goods. The proposed ordinance would extend the same Conditional Use
requirement and district prohibitions to certain Second Hand Goods.
On June 28, 2011, the Planning Board considered a comprehensive Ordinance
amendment drafted by staff, which included numerous references to applicable State
Law and set forth more comprehensive procedures and requirements for second hand
good stores. This comprehensive version of the ordinance included dealers in precious
metals, as well as used furniture shops and "thrift" shops, as currently defined in the
State statute as second hand goods.
The Planning Board, however, expressed concern about the broad nature of the
proposed ordinance, and recommended that the Ordinance be reduced in scope and
include the Conditional Use requirement only for second hand precious metals.
Precious metals is defined by the state statute 538.03 F.S. as any item containing any
gold, silver, or platinum, or any combination thereof, excluding any chemical or any
automotive, photographic, electrical, medical, or dental materials or electronic parts.
Precious metals dealer is defined as a secondhand deafer who normally or regularly
engages in the business of buying used precious metals for resale. The term does not
include those persons involved in the bulk sale of precious metafs from one secondhand
or precious metals dealer to another. ·
Staff has reviewed the recommended Ordinance with the City Attorney's Office and the
Police Department, and presented a draft of the recommended Ordinance for discussion
and policy direction to the Land Use Committee (see attached). This ordinance is more
limited in scope, as per the Planning Board's recommendation. During a recent
discussion of the matter at a City Commission discussion, Mayor Bower expressed a
similar preference for a more limited approach, rather than increasing regulations on all
types of used goods sellers.
Note that the ordinance as proposed also deletes the entirety of those portions of
Chapters 18 and 102 (outside the Land Development Regulations) that deal with
370
Commission Memorandum
Second Hand Goods Stores-Precious Metals
January 16, 2013 Page 3 of 3
pawnbrokers and second hand goods, and replaces them with references to the
applicable State statutes, F.S. 538 and 539. This amendment is at the request of the
City Attorney's Office staff, who believe that this would be more preferable than
continuing to delineate the state requirements through text in the City Code.
In summary, the proposed ordinance attached would require Second Hand Precious
Metals dealers to obtain Conditional Use approval, restricts them from those districts
which pawnbrokers are currently restricted, and replaces regulations in Chapters 18 and
1 02 with references to the applicable state statutes.
PLANNING BOARD REVIEW
On June 28, 2011, the Planning Board considered the proposed amendment drafted by
staff, and recommended that the Ordinance only include the Conditional Use
requirement only for second hand precious metals, as they were concerned about
affecting used furniture shops and "thrift" shops, as currently defined in the State statute
as second hand goods.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
should not be a measurable impact on the City's budget by enacting the proposed
ordinance.
CONCLUSION
The Administration recommends that the City Commission approve the Planning
Department version of the Ordinance on First Reading and set a Second Reading Public
Hearing for February 6, 2013.
KGB/JGG/RGL
T:\AGENDA\2013\January 16\Second Hand Goods MEM 1st.docx
371
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, AMENDING THE CITY CODE, BY DELETING
CHAPTER 18, "BUSINESSES", ARTICLE XII, "SECONDHAND
GOODS", DIVISION 3, "PAWNSHOPS"; AND DIVISION 4,
"SECONDHAND DEALERS"; AND BY AMENDING CHAPTER 102,
"TAXATION", ARTICLE V, "LOCAL BUSINESS TAX", SECTION 102-
356, "CONSTRUCTION OF ARTICLE; DEFINITIONS"; IN ORDER TO
CONFORM CITY CODE PROVISIONS ON PAWNSHOPS AND
SECONDHAND GOODS WITH APPLICABLE FLORIDA STATUTES;
AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS/' ARTICLE II "DISTRICT REGULATIONS/' DIVISION 4
"CD-1 COMMERCIAL, LOW INTENSITY DISTRICT/' SECTION 142-
273, "CONDITIONAL USESn AND DIVISION 5 11 CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," SECTION 142-303 "CONDITIONAL
USES'' BY INCLUDING SECOND HAND DEALERS OF PRECIOUS
METALS AS A CONDITIONAL USE IN THE CD-1 AND CD-2 ZONING
DISTRICTS; AND DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT," SECTION 142-335 "PROHIBITED USES" AND DIVISION
18 "PS PERFORMANCE STANDARD DISTRICT/' SECTION 142-693(C)
"PERMITTED USES," BY INCLUDING SECOND HAND DEALERS OF
PRECIOUS METALS AS PROHIBITED USES IN THE CD-3 AND PS
DISTRICTS, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly
define the requirements of the Land Development Regulations of the Code of the City of
Miami Beach as they pertain to zoning districts and regulation; and
WHEREAS, currently the City Code specifies that in those commercial zoning
districts that permit them, pawnshops are a Conditional Use, requiring review and
approval by the Planning Board. Pawnshops are specifically defined in the City Code;
and,
WHEREAS, secondhand dealers are a similar use to pawnshops, but are not
specified enumerated in the list of permitted, conditional and prohibited uses for the
various zoning districts; and,
WHEREAS, the City of Miami Beach desires to require review and approval of
secondhand dealers similar to that which is required of pawnshops; and,
WHEREAS, the amendments set forth below throughout the City Code are
necessary to accomplish the above objective;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACHY FLORIDA.
372
SECTION 1. Chapter 18, "Businesses", Article XII, "Secondhand Goods", Division 3,
"Pawnbrokers" of the City Code is hereby deleted and replaced with the following reference to
Florida Statutes:
DIVISION 3. ·PAWNBROKERS
Sec. 18-721.-Sec. 18-737
Replaced by F.S. § 539.003 as may be amended from time to time.
* * *
SECTION 2. Chapter 18, "Businesses", Article XII, "Secondhand Goods", Division 4,
"Secondhand Dealers" of the City Code is hereby deleted and replaced with the following
reference to Florida Statutes:
DIVISION 4. ·SECONDHAND DEALERS
Sec. 18-761 -Sec. 18-770
Replaced by F .S. § 538.03 -538.17 as may be amended from time to time.
SECTION 3. Chapter 102, "Taxation", Article V, "Local Business Tax", Section 102-356,
"Construction of Article; Definitions" of the City Code is hereby amended as follows:
Sec. 102-356.-Construction of article; definitions.
* * *
Secondhand dealer is as defined in F.S. § 538.03. means any person not solely-a
secondary metals recycler subject to F-·.S. ch. 538;-pt. II, engages in the business of
!Jurchasing, coHSigning, pavming, selling, baftering, e*GAanging in any manner at retail
or Viholesale, or other:wise dealing for profit-in secon6ha00-goods. The term shalf
~e-~11 sealers who bu-y,tfase or sell or who make loans of mooey
Hpon the de13osit or pledge of seoo-n€1-hand goads.
Secondhand goods is as defined in F.S. § 538.03. means per:senal pr:eper=ty-prevleusly
owned or: used, v;hich is net regulated metals property regulated HASer F.S. ch. 538.,.-ph
II, and 'Nhich is purohased,--soifl,-Sartered, exchanged, con-slgned or pawnee as used
property. The term includes-Out is not limited to:
(1} VVatc~
(2) Items centa~i}etd, silver, platinum of-Other precious metal;
2
373
(3) Jewelry, dlamones, gems, ane othor precious stones, excluding costume
jev.'elry;
(4) Fishing-rods ane tackle;
(5} Au4e and video~f3ment. ineluding but not limited to telev-ision sets, radiO&;
~rs, turntables, tape reGefders, vidootape reeorders, speakers,
800 oitizens' band radios, and compact disc playeFs;.
(6) Compu-tef equipment;
(8) Depth fiAders;
(9) Trolling ffiGters-afl&etJtboard motors;
(1 0) Photographic equipment, incl~· but not !4mited to eameras, lenses,
electronio #ashes, tripods and developing equipment;
~ry. tools, electric motors, caleulators, tires, hubcaps, musical
instruments, tyf3evt'riters;
fl.2t.VVeapons, iAcluding knives, swords, and.a-if-§tm&r
{13) Telephones, including cellH-J.ar and peftable-;
04~veAS7
{15) Animal f~
(16) Video games;
(17)Qffi~~~~**~~a&~~~.~a~X~m~a~C»hi~n~etrS~a~n~d~p*O~S~taftg~eHA1flttS~Ch~i»Ae~S~;
f4~orts ef1uipment~
(1 9) Lawnmowe~d-metor vehieles.
* * *
SECTION 4. Chapter 142, Entitled "Zoning Districts and Regulations", Article II "District
Regulations," Division 4 "CD-1 Commercial, Low Intensity District," Section 142-273,
"Conditional Uses" of the City Code is hereby amended as follows:
Sec. 142-273.-Conditional uses.
The conditional uses in the CD-1 commercial, low intensity district are adult congregate
living facilities; nursing homes; religious institution; public and private institutions;
schools; day care facility; pawnshops; secondhand dealers of gracious metals; video
game arcades; warehouses; any use selling gasoline; new construction of structures
50,000 square feet and over (even when divided by a district boundary line), which
3
374
review shall be the first step in the process before the review by any of the other land
development boards; neighborhood impact 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~ 11 03.
SECTION 5. Chapter 142, "Zoning Districts and Regulations", Article II "District
Regulations," Division 5 "CD-2 Commercial, Medium Intensity District," Section 142-303
"Conditional Uses" of the City Code is hereby amended as follows:
Sec. 142-303.-Conditional uses.
The conditional uses in the CD-2 commercial, medium intensity district are adult
congregate living facilities; funeral home; nursing homes; religious institution;
pawnshops; secondhand dealers of precious metals; 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. Chapter 142, "Zoning Districts and Regulations", Article II "District
Regulations," Division 6, "CD-3 Commercial, High Intensity District," Section 142-335
"Prohibited Uses" of the City Code is hereby amended as follows:
Sec. 142-335. -Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are pawnshops;
secondhand dealers of precious metals; and accessory outdoor bar counter, except as
provided in this division.
SECTION 7. Chapter 142, "Zoning Districts and Regulations", Article ll "District
Regulations," Division 18 "PS Performance Standard District," Section 142-693(C)
"Permitted Uses," of the City Code is hereby amended as follows:
Sec. 142-693. -Permitted uses.
* * *
(c) For purposes of this section, pawnshops, secondhand dealers of precious metals
and dance halls and entertainment establishments are not permitted as a main
permitted or accessory use south of Fifth Street; however, in the C-PS3 and C-
PS4 districts dance halls and entertainment establishments shall be permitted as
an accessory use within a hotel of 250 rooms or more with access to the dance
hall or entertainment establishment only from the interior lobby and not from the
street.
4
375
SECTION 8. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 9. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 10. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 11. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of _______ , 2011.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:--------·
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
1/4/2013
T:\AGENDA\2013\JanuaJy 16\Secondhand Goods-ORD.docx
5
376
MAYOR
tl'i ) 1.)
TDa(e
THIS PAGE INTENTIONALLY LEFT BLANK
377
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amendment proposing to modify the off street parking requirements for hotel
development in the Cit .
Key Intended Outcome Supported:
Neighborhood satisfaction and Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc More than half of all residential respondents,
55%, suggested the effort put forth by the City to regulate development is "about the right amount"
Issue:
Should the City Commission approve an Ordinance at First Reading modifying the off street parking
re uirements for hotel develo ment?
FIRST READING
The proposed Ordinance would amend the parking requirements for hotel development within the City
by reducing the off street parking requirement from 1 space per hotel unit to .5 spaces per hotel unit,
for the first 100 units. There are 2 versions of the Ordinance. The Planning Board has recommended
that the .5 ratio be applicable city wide. The Planning Department version recommends that the .5
ratio be applicable in certain, defined areas of the City, including historic and national register districts,
as well as areas of North Beach, and . 75 spaces per hotel room outside of local historic Districts.
Both versions exclude the West Avenue residential corridor and south of Fifth Street
The Administration would recommend that the City Commission approve either the Administration
Recommendation alternative or the Planning Staffs recommendation upon First Reading and set a
Second Readin Public Hearin for Februar 6, 2013.
On October 30, 2012, the Planning Board (PB File No. 2078) recommended that the City
1 Commission approve the Planning Board version of the proposed Ordinance by a vote of 5-2.
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPJ Total
Financial Impact Summary:
The proposed ordinance, by reducing required parking for hotels in historic districts, will reduce the receipts for
fees in-lieu of parking, as many hotel projects in these districts must resort to paying these fees when parking
on site or nearby cannot be provided. Although the amount of the reduction in impact fees to the City cannot
accurately be pinpointed as this involves estimating future development levels, some hotel projects already
underway would be affected, and the resulting impact to the City of forgoing these payments would be
approximately $2,5 million.
Balanced against the potential loss of parking impact fee revenue is the potential for additional revenue from
increased hotel development, which might be expected to include an increase in resort tax receipts, and 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. Increased hotel room construction within appropriate areas of
the City would be expected to have a positive effect on the overall economic health of the City, as estimates
indicate that spending by visitors to hotels in Miami Beach is approximately $621 per room/night, including room
rate, transportation, entertainment, meals and shopping. At an occupancy rate of 75.3%, this would translate
into $170,000 in additional economic activity per year, and approximately $2,600 in additional resort tax
collections per year, for each additional hotel room added.
City Clerk's Office Legislative Tracking:
[Richard Lorber or Thomas Mooney
Si n-Offs:
Department Director
T:\AGENDA\2013\January 16\Hotel Parki
!
MIAMI BEACH
378
-
AGENDA ITEM _R_S_£ __
DATE /-Jb-f3
(9 MIAMI BEACH
City of Miami Beoch, 1700 Convention Center Dr~ve, Miaml Beach, florida 33139, V<WW.miamibeochfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members ~~~~ ~. c, Cro · ·mrission
Kathie G. Brooks, Interim City Manager Jf::/ ~ ~
January 16, 2013 / ..
FIRST READING
SUBJECT: Hotel Parking Requirements
A 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, "DISTRICTS; REQUIREMENTS," BY AMENDING
THE OFF-STREET PARKING REQUIREMENTS FOR HOTELS IN All
DISTRICTS; PROVIDING FOR REPEALER. SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Planning Department version of the Ordinance on First Reading and set a
Second Reading Public Hearing for February 6, 2013.
BACKGROUND
A discussion regarding parking requirements for hotels and how the City can incentivize
good hotel development was referred to the Land Use and Development Committee by
the City Commission on February 9, 2011. On May 16, 2012, the LUDC referred the
matter to the Planning Board and recommended that the Board review a proposed
ordinance amending hotel parking requirements for hotel units only, but not the parking
requirements for accessory uses. On October 30, 2012, the Planning Board considered
the version of the Ordinance being recommended by the Planning Department. and
recommended approval of a slightly different version of the proposed Ordinance.
ANALYSIS
As noted in Attachment 1, the current parking requirements for hotels, and for
convention hotels are based upon the number of rooms within the hotel. There are also
additional parking requirements for accessory uses within hotels, such as retail,
restaurants, auditoriums, ballrooms, convention halls, gyms, and meeting rooms,
although they are less than those requirements for stand~alone uses, since the
assumption is that many of those patrons using the accessory uses will be hotel guests.
The mix of such uses found in various hotel developments means that there could be a
wide differential of the amount of parking actually needed, based upon the different
combination of uses. Many restaurants and clubs located within hotels actually draw a
large percentage of patrons from outside of the hotel, and would rationally need more
parking than those that were primarily used by hotel guests.
According to the Greater Miami Convention and Visitor's Bureau, 98 percent of overnight
visitors to Miami Beach arrive by airplane. The visitors' decision about whether to rent a
car will be influenced by many factors including walking distance to restaurants,
shopping, entertainment, and/or convention/meeting space; therefore, location of the
hotel is another important variable in determining hotel parking demand. Other factors
379
Commission Memorandum
Hotel Parking Requirements
January 16, 2013 Page 2 of 6
that influence the rental car choice are purpose of trip, length of stay, cost of parking and
visitor profile. These factors are more difficult to analyze than location, but there are
certain hotels that cater to a particular market segment that could arguably predict
parking demand based upon its typical guest profile.
The Planning Department contacted the Greater Miami Convention & Visitors Bureau
(GMCVB} and the Greater Miami & Beaches Hotel Association (GMBHA) to request their
assistance with surveying existing hotels to determine the percentage of hotel guests
that drive automobiles. The GMCVB and GMBHA obtained responses to this question
from 14 hotels. The responses ranged from 10% to 30% guests with cars in South
Beach hotels and 30% to 50% guests with cars in mid-beach hotels (see attachment 2).
A review of parking requirements for hotels in other Florida cities and in other tourist
destination cities throughout the country show that most of them have a lower parking
requirement for the dense, walkable, urban districts than our current requirement of one
parking space per hotel room (1 :1 ). While the ITE Institute of Transportation Engineering
parking manual reflects a similar level of required parking as our existing code, this may
reflect a more suburban, auto oriented type of hotel and may be less appropriate for
Miami Beach. This theory is consistent with the other cities surveyed, which generally
have a 1:1 parking requirement for suburban areas and a lower parking requirement for
urban districts. The following table lists the minimum parking requirements for hotel
guest rooms in the walkable urban districts of each city surveyed.
1:2
None re uired
I 1:3
1:4
1:2
0.7:1
Based upon the research conducted so far, the Planning Department is supportive of
reducing the hotel parking requirement to 1 space per 2 rooms as an incentive for good
hotel development. Staff does not recommend changing the current parking
requirements for ancillary facilities within hotels such as retail, restaurants, bars,
nightclubs, meeting rooms and ballrooms. Parking requirements for such uses have
already been discounted for a certain percentage of users being guests in the same
hoteL
The following is a list of proposed or potential hotel projects that Planning Department
staff has been working on or has been made aware of, along with comments describing
at what phase of the development process the project is at, and what is staff's
understanding of the impact of the passage of the proposed reduction of hotel parking
requirements might be on each project.
Please note that the City does not currently require pro forma business calculations as
part of the development review process, so the request for this information cannot be
provided.
380
' '
Commission Memorandum
Hotel Parking Requirements
January 16, 2013
Pro·ect
1 Crt db M 'tt ou yar y arno
' 3925 Collins Ave.
Historic district
Page 3of 6
Descri tion Ordinance im act
N t f f10 t ew cons rue ton o s ory p f assage o
1
addition to existing hotel, and ordinance prior to
adding a basement garage, final C.O. would
includes 93 hotel units. result in return of the
I
Providing 68 new parking amount above, as the I
spaces on-site; still a 26 68 spaces being
space deficit. constructed would
then cover all parking I $910,000 paid in parking . requirement for the
impact fees for 26 space new construction.
deficit currently in escrow
account
2 Riviera Lofts Hotel New construction of 4 story Passage of
318 21st Street hotel bldg addition with 43 ordinance prior to I Historic district rooms. No place for parking. final C.O. would
result in the return of
Parking impact fee of the amount currently
$1,505.000 paid for 43 space in escrow. $770,000
deficit; % has been paid to already paid City
· the City and % is currently in would remain with
escrow account. 'City.
3 Wyndham Gardens Proposed one~story rooftop Parking impact fee
11 1h and Washington 1 additions to several existing would be reduced by
Historic district historic buildings. 51 new half, from $1,785,000
units proposed. No place for to$ 892,500.
added parking.
4 Residence Inn Proposed extended stay Passage of the
1231 17th Street (at West Avenue) hotel on irregularly shaped Planning Board
Not Historic District vacant parcel. Going to version of the
Planning Board. 116 units ordinance (.5) would
I
and minimal accessory mean that the
commerciaL proposed 66 on-site
spaces with
66 parking spaces proposed mechanical lifts
to be on-site (using lifts). would satisfy the
l parking requirement.
I
The Planning
Department version
of the ordinance (. 75)
would require a
reduction of the
number of units
! proposed or the
1
addition of more
parking spaces.
The amounts mvolved m satisfying parkmg reqUirements for new construction w1th the
fee in-lieu of parking can be quite high, with fees of over $1 million not uncommon. This
money goes into a special fund, used to finance parking garage construction by the City.
It can also be used for transportation related projects. The construction of new parking
garages in the South Beach area has already proceeded somewhat vigorously, with a
new garage becoming operational in Sunset Harbour and another garage being
proposed in the Collins Park area on 23rd Street. There may be little opportunity for
additional parking garage construction in South Beach in the near future; more parking
fee funds could, however, be directed towards alternative transportation projects.
381
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'
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Commission Memorandum
Hotel Parking Requirements
January 16, 2013 Page 4 of 6
Staff believes that incentivizing additional hotel room construction within appropriate
areas of the City would have a greater positive effect on the overall economic health of
the City than maintaining the status quo simply to retain maximum contributions to the
parking impact fee funds. Information from the Greater Miami Convention and Visitor's
Bureau (GMCVB) indicates that spending by visitors to hotels in Miami Beach is
approximately $621 per room/night, including room rate, transportation, entertainment,
meals and shopping. At an occupancy rate of 75.3%, this would translate into $170,000
in additional economic activity per year, and approximately $2,600 in additional resort
tax collections per year, for each additional hotel room added.
Quantifying the number of new hotel rooms that would result from passage of the
ordinance is difficult. While some of the projects listed above might go forward
regardless of the level of impact fees or parking requirements, others are more
speculative and might only be expected to proceed through to construction if the
reduction was approved. It should be noted that while some of the projects listed are
providing as much parking as possible on site, most sites located within historic districts
are unable to provide much, if any, on~site parking. In general, the nature of these
proposals are additions to existing hotels in historic districts, or development of new
hotels on problematic parcels of land that could not accommodate large numbers of
parked cars, and staff has been generally supportive of these types of developments,
especially when the focus is on hotel rooms rather than accessory commercial
restaurants and entertainment establishments.
The purpose of the proposed ordinance is to foster new hotel development. During the
course of discussion, it has become clear that this hotel development should occur
within areas of the City that are compatible with hotel development. It is not the intention
of the ordinance to incentivize hotel development in those areas where hotels are not
compatible. As such, the West Avenue Corridor and the South of Fifth Street areas
have been removed from the area of applicability. This would address the concerns of
residents and stakeholders who do not want to encourage additional tourism and hotel
development within established residential areas, while allowing such encouragement in
most of the rest of the City.
In response to concerns raised regarding the appropriateness of hotel uses in certain
zoning districts, staff has examined the proposed ratio of required spaces for hotels, as
well as different areas of the City that would realize the greatest benefit from the
proposed revised Ordinance. After removing the South of Fifth Street and West Avenue
neighborhoods from the reduced parking areas, staff concluded that the following areas
of the City, which are zoned Commercial, or Multi~fami!y Residential (RM~2 or RM-3),
were the most compatible for increased hotel development:
• Local Historic Districts
• National Register Historic Districts
• The North Beach resort area, generally bounded by 62nd Street and 73rd Street,
from Indian Creek to the Atlantic Ocean
Because these areas are the most compatible for expanded hotel development, staff
believes that the proposed ratio of .5 spaces per hotel unit would be appropriate.
However, for larger structures in excess of 100 hotel units, the ratio should be adjusted
upward, as the likelihood for increased vehicular trips rises with larger hotel
developments.
This revised proposal also takes into account the issue of hotel employee parking. Staff
has concluded that additions to existing hotel facilities should not result in the same
382
Commission Memorandum
Hotel Parking Requirements
January 16, 2013 Page 5 of 6
magnitude of new employees requiring parking as would a new hotel project on a vacant
lot. Incremental addition of rooms should be more easily absorbed by existing labor
corps, without the same reliance on hiring large numbers of new employees that new
construction of brand new hotels would.
As it pertains to the remaining multi-family and commercial areas of the City, staff
believes that these areas do not have the same compact, walkable attributes that the
above noted areas do, nor are they as oriented toward tourists/visitors. As such, staff
believes that hotel guests in the remaining multi-family and commercial areas of the City
would be more reliant on automobile transportation and that the parking space ratio
should be adjusted to . 75 spaces per unit, for the first 100 units. Planning Department
staff believes that a difference should be made between the compact historic areas
closely tied to tourism, and those areas that are more automobile oriented or more
oriented towards permanent residents.
The majority of the Planning Board did not reach the same conclusion as staff regarding
the different areas of the City, and recommended approval of a version of the proposed
that has the .5 ratio used City Wide (excluding the West Avenue and South of Fisth
Neighborhoods). The Planning Department has proposed an alternate version of the
Ordinance transmitted by the Planning Board, which includes the aforementioned .75
ratio.
On December 19, 2012, the Land Use and Development Committee considered the two
versions of the ordinance -the Planning Board recommended version and the Planning
Department recommended version. After a lengthy discussion, the Land Use Committee
could not reach a consensus on either version, and transmitted both versions to the full
City Commission for a final decision, without recommending either version.
PLANNING BOARD REVIEW
The subject Ordinance came before the Planning Board on July 24, 2012 and was
continued to a date certain of August 28, 2012 in order for more data to be submitted.
On August 28, 2012, the Ordinance was discussed and continued to the September 24,
2012 meeting. On September 24. 2012, the item was discussed and continued to a date
certain of October 30, 2012, in order for staff to propose specific districts that would
benefit from lower parking requirements.
On October 30, 2012, the majority of the Planning Board did not reach the same
conclusion as staff regarding the different areas of the City, and recommended approval
of a version of the proposed that has the .5 ratio used City Wide (excluding the West
Avenue and South of Fifth Neighborhoods). The Planning Department has proposed an
alternate version of the Ordinance transmitted by the Planning Board, which includes the
aforementioned . 75 ratio. The Planning Board {by a 5~2 vote) transmitted the Planning
Board version of the Ordinance Amendment to the City Commission with a favorable
recommendation.
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, by reducing required parking for hotels in historic districts, will
reduce the receipts for fees in-lieu of parking, as many hotel projects in these districts must
resort to paying these fees when parking on site or nearby cannot be provided. Although the
amount of the reduction in impact fees to the City cannot accurately be pinpointed as this
383
Commission Memorandum
Hotel Parking Requirements
January 16, 2013 Page 6 of 6
involves estimating future development levels, as the chart above indicates, some hotel
projects already underway would be affected, and the resulting impact to the City of forgoing
these payments would be approximately $2,5 million. For future projects, the impact cannot
be accurately assessed, as developers may or may not move forward projects depending on
all costs involved.
Balanced against the potential loss of parking impact fee revenue is the potential for
additional revenue from increased hotel development. which might be expected to include an
increase in resort tax receipts, and 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.
As discussed above, increased hotel room construction within appropriate areas of the City
would be expected to have a positive effect on the overall economic health of the City, as
estimates indicate that spending by visitors to hotels in Miami Beach is approximately $621
per room/night, including room rate, transportation, entertainment, meals and shopping. At
an occupancy rate of 75.3%, this would translate into $170,000 in additional economic
activity per year, and approximately $2,600 in additional resort tax collections per year, for
each additional hotel room added.
CONCLUSION
Attached are two versions of the ordinance, the Planning Board's recommendation
which reduces parking to .5 spaces per hotel room citywide, and the Planning
Department staffs recommendation which applies the reduction to .5 spaces only to
historic districts and to North Beach areas targeted for encouraging hotel development
and . 75 spaces per hotel room outside of local historic Districts. Both versions exclude
the West Avenue residential corridor and south of Fifth Street.
As there has been increased concern voiced by residents about the appropriateness of
hotel development in traditionally residential areas, the Administration would not agree
with the Planning Board's recommendation. In addition given that the Land Use and
Development Committee did not specifically recommend either ordinance, if the
Commission wishes to proceed more conservatively, the Administration recommends
the Planning Staff's recommendations, however only applicable to additions and
redevelopment, but not to new construction. The Administration would recommend that
the City Commission approve either the Administration Recommendation alternative or
the Planning Staff's recommendation upon First Reading and set a Second Reading
Public Hearing for February 6, 2013.
KGB/JGG/RGL:trm
T:\AGENDA\2013\January 16\Hotel Parking MEM 1stdocx
384
Attachment 1
MIAMI BEACH EXISTING PARKING REQUIREMENTS
Hotel, suites hotel, motel or motor lodge: 1 space per unit; however, suites hotel units as
defined in section 142-1104 that are greater than 550 square feet and that contain full
cooking facilities on lots that are greater than 50 feet in width, shall have the same
parking requirement as apartment buildings. Required parking for hotel accessory uses
shall be as follows:
a. Retail--Required parking shall be computed at 1 space per 400 square feet,
minus 7.5 square feet per unit.
b. Auditorium, ballroom, convention hall, gymnasium, meeting rooms or other
similar places of assembly--Required parking shaH be 1 space per 4 seats or 1
space per 60 square feet of floor area where there is no seating, minus 1 seat or
15 square feet per unit.
c. Restaurant or other establishment for consumption of food or beverages on the
premises--Required parking shall be 1 space per 4 seats minus 1 seat for every
2 units.
d. Required parking for all other uses shall be as set forth in this section.
These parking requirements for hotel accessory uses are only applicable to structures
that are being newly constructed or substantially rehabilitated as hotels.
The zoning board of adjustment may grant a variance for the total amount of parking
required for a hotel and related accessory uses by up to 20 percent.
Convention Hotel: (defined as: a newly constructed or substantially rehabilitated hotel
located within 2, 500 feet of the City Convention Center)
For structures of less than 250 units, 1 space per unit; for structures with 250--499 units,
0. 75 space per unit; for structures with 500 units or more, 0.50 space per unit. Required
parking for convention hotel accessory uses shall be as follows:
a. Retail: Required parking shall be computed at 1 space per 500 square feet,
minus 7.5 square feet per unit.
b. Auditorium, ballroom, convention hall, gymnasium, meeting rooms or other
similar places of assembly: Required parking shall be 1 space per 7 seats or 1
space per 105 square feet of floor area where there is no seating, minus 1 seat
or 15 square feet per unit.
c. Restaurant or other establishment for consumption of food or beverages on the
premises: Required parking shall be 1 space per 7 seats or 1 space per 105
square feet of ftoor area where there is no seating, minus 1 seat or 15 square
feet per 2 units.
d. Required parking for all other uses shall be as set forth in this section.
The zoning board of adjustment may grant a variance for the total amount of parking
required for a hotel and related accessory uses by up to ten percent.
385
Attachment 2
Miami Beach Hotel Guests with Cars -Survey by GMCVB and GMBHA
Annual Percentage of Address Hotel Parking
Hotel Guests who Check In Availability
with a Car
Cam bean Hospitality Collins Av/Ocean None
(Carlton, Clifton, Majestic, 10% Dr./6 -14 St. Valet
lords hotels)
1757 Collins Ave. Valet Parking
$35/day) with
Richmond Hotel 15% unlimited access
n our own lot
Dream South Beach
1111 Collins Ave. None
20% Valet $34/day
Mondrlan South Beach 20%
1100 West Av. 103 spaces
South Beach Marriott 25%
161 Ocean Dr. Valet $34/day
Shelborne 30%
1801 CoHins Ave.
Miami Beach Resort and 30%
4833 Collins Ave.
Spa
Eden Roc 35%
4525 Collins Av. Valet
2201 Collins Av. 175 guest+ 75
W South Beach 25%-40% employee
The Palms Hotel and Spa
3025 Colflns Av. 120 spaces
45% Valet
4835 Collins Ave. Valet parking on-
Grand Beach Hotel 50°/o site ($29/day); in
and out privileges
T:IAGENDA\2013\January 16\Hotel Parking ATTACHMENTS 1st.docx
386
HOTEL PARKING REQUIREMENTS
PLANNING BOARD RECOMMENDED VERSION
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, "DISTRICTS;
REQUIREMENTS," BY AMENDING THE OFF-STREET PARKING
REQUIREMENTS FOR HOTELS IN ALL DISTRICTS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, current parking requirements for hotels, and for convention hotels
contain a requirement for parking spaces based upon the number of rooms within the
hotel and additional parking requirements for accessory uses within hotels; and
WHEREAS, a review of parking requirements for hotels in other Florida cities
and in other tourist destination cities throughout the country show that most of them
have a lower parking requirement for the dense, walkable, urban districts than our
current requirement of one parking space per hotel room ( 1: 1 ); and
WHEREAS, parking requirements for accessory uses within hotels, such as
retail, restaurants, clubs, etc., actually draw a large percentage of patrons from outside
of the hotel, and would rationally need more parking than those that were primarily used
by hotel guests and, therefore, such parking is necessary for the operation of a hotels,
such requirements are not being amended; and
WHEREAS, the proposed changes are necessary in order to promote good hotel
development.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
Section 1. That Section 130-32, "Off Street parking requirements for Parking District
No. 1 ," is hereby amended as follows:
Section 130-32 -Off-street parking requirements for parking district no. 1
Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking district no. 1, accessory off-street parking
spaces shall be provided for the building, structure or additional ffoor area as follows:
* * *
(26) Hotel, suites hotel, motel or motor lodge: For properties located south of Fifth
Street and properties zoned residential and located south of 17th Street, west of
Alton Court. east of Biscayne Bay and north of 6th Street: 1 space per unit. For
properties located within a local historic district or a national register historic
district, and properties bounded by 62nd Street on the south, 73rd Street on the
north, Indian Creek on the west and the Atlantic Ocean on the east: .5 spaces
per unit, up to a maximum of 1 00 units and 1 space per unit for all units in excess
387
of 100 units. However, for a building or structure that is classified as
'Contributing', and is located within a National Register Historic District, those
portions of the building identified in Section 118-395(b)(2)d. 1 of these Land
Development Regulations must remain substantially intact. retained, preserved
and restored in order to qualify for the aforementioned parking space
requirement in the event such building or structure is substantially demolished,
the parking requirement shall be 1 space per hotel unit. For properties not
located within a local historic district or a national register historic district .5
spaces per unit, up to a maximum of 1 00 units and 1 space per unit for all units in
excess of 100 units. J:tHowever, suites hotel units as defined in Section 142-1104
that are greater than 550 square feet and that contain full cooking facilities on
lots that are greater than 50 feet in width, shall have the same parking
requirement as apartment buildings in (6) b. and c. above. Required parking for
hotel accessory uses shall be as follows:
* * *
Section 130-33 -Off·street parking requirements for parking districts nos. 2, 3
and4
Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3 and 4 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:
* * *
(3) Hotel, convention.· For structures 'Nith less than 250 units, one space per two (2)
unit§; for structures with-250 to 499 units, 0.75 space per unit; for structures witt+
500 units ·OF more, 0.50 space per unit. Required parking for convention hotel
accessory uses shall be as follows:
* * *
(4) Hotel, suites hotel, motel or motor lodge: For properties located south of Fifth
Street and properties zoned residential and located south of 17tn Street, west of
Alton Court, east of Biscayne Bay and north of 6111 Street: 1 space per unit. For
properties located within a local historic district or a national register historic
district, and properties bounded by 62nd Street on the south, 73rd Street on the
north. Indian Creek on the west and the Atlantic Ocean on the east: .5 spaces
per unit, up to a maximum of 1 00 units and 1 space per unit for all units in excess
of 1 00 units. However, in the event a building or structure, which is classified as
'Contributing' and is located within a National Register Historic District, those
portions of the building identified in Section 118-395(b )(2)d.1 of these Land
Development Regulations must remain substantially intact, retained, preserved
and restored in order to qualify for the aforementioned parking space
requirement; in the event such building or structure is substantially demolished,
the parking requirement shall be 1 space per hotel unit For properties not
located within a local historic district or a national register historic district: .5
spaces per unit, up to a maximum of 1 00 units and 1 space per unit for all units in
excess of 100 units. J:tHowever, suites hotel units as defined in Section 142-1105
2 of3
388
that are greater than 550 square feet and that contain fuH cooking facHities in
buildings on lots that are greater than 50 feet in width shall have the same
parking requirement as apartment buildings in (1)b. and c. above. Required
parking for hotel accessory uses shall be as follows:
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word.
SECTION 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of _______ , 2013.
ATTEST:
CITY CLERK
First Reading: January 16, 2013
Second Reading: February 6, 2013
Verified by:---------
Richard G Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
T:IAGENDA\2013\January 16\Hotel Parking Planning Board Ver ORD 1stdocx
3 of 3
389
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
HOTEL PARKING REQUIREMENTS
PLANNING DEPARTMENT STAFF RECOMMENDED VERSION
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, "DISTRICTS;
REQUIREMENTS,'' BY AMENDING THE OFF-STREET PARKING
REQUIREMENTS FOR HOTELS IN ALL DISTRICTS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, current parking requirements for hotels, and for convention hotels
contain a requirement for parking spaces based upon the number of rooms within the
hotel and additional parking requirements for accessory uses within hotels; and
WHEREAS, a review of parking requirements for hotels in other Florida cities
and in other tourist destination cities throughout the country show that most of them
have a lower parking requirement for the dense, walkable, urban districts than our
current requirement of one parking space per hotel room (1:1); and
WHEREAS, parking requirements for accessory uses within hotels, such as
retail, restaurants, clubs, etc., actually draw a large percentage of patrons from outside
of the hotel, and would rationally need more parking than those that were primarily used
by hotel guests and, therefore, such parking is necessary for the operation of a hotels,
such requirements are not being amended; and
WHEREAS, the proposed changes are necessary in order to promote good hotel
development
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
Section 1. That Section 130-32, "Off Street parking requirements for Parking District
No. 1 ," is hereby amended as follows:
Section 130-32 -Off-street parking requirements for parking district no. 1
Except as otherwise provided in these !and development regulations, when any building
or structure is erected or altered in parking district no. 1, accessory off"street parking
spaces shall be provided for the building, structure or additional floor area as follows:
* * *
(26) Hotel, suites hotel, motel or motor lodge: For properties located south of Fifth
Street and properties zoned residential and located south of 1 y!h Street, west of
Alton Court, east of Biscayne Bay and north of 6th Street: 1 space per unit. For
properties located within a local historic district or a national register historic
district, and properties bounded by 62nd Street on the south, 73rd Street on the
north. Indian Creek on the west and the Atlantic Ocean on the east: .5 spaces
per unit, up to a maximum of 1 00 units and 1 space per unit for all units in excess
390
of 100 units. However. for a building or structure that is classified as
'Contributing', and is located within a National Register Historic District, those
portions of the building identified in Section 118~395(b)(2}d.1 of these Land
Development Regulations must remain substantially intact. retained, preserved
and restored in order to qualify for the aforementioned parking space
requirement; in the event such building or structure is substantially demolished,
the parking requirement shall be 1 space per hotel unit For properties not
located within a local historic district or a national register historic district: . 75
spaces per unit, up to a maximum of 100 units and 1 space per unit for atl units in
excess of 100 units. RHowever, suites hotel units as defined in Section 142-1104
that are greater than 550 square feet and that contain full cooking facilities on
lots that are greater than 50 feet in width, shall have the same parking
requirement as apartment buildings in (6} b. and c. above. Required parking for
hotel accessory uses shall be as follows:
* * *
Section 130-33 -Off-street parking requirements for parking districts nos. 2, 3
and 4
Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3 and 4 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:
* * *
(3) Hotel, convention: F-er structures with less-than 250 units, one space per two (2)
unit~; for structures with 250 to 499 uffits.-Q;7~ace per unit; for structures 'Nith
500 units or more, 0.50 space per unit. Required parking for convention hotel
accessory uses shalf be as follows:
(4)
* *
Hotel, suites hotel, motel or motor lodge: For properties located south of Fifth
Street and properties zoned residential and located south of 1 th Street, west of
Alton Court, east of Biscayne Bay and north of 61n Street: 1 space per unit. For
properties located within a local historic district or a national register historic
district, and properties bounded by 62nd Street on the south, 73rd Street on the
north, Indian Creek on the west and the Atlantic Ocean on the east: .5 spaces
per unit, up to a maximum of 100 units and 1 space per unit for all units in excess
of 100 units. However, in the event a building or structure, which is classified as
'Contributing' and is located within a National Register Historic District, those
portions of the building identified in Section 118-395(b)(2)d.1 of these Land
Development Regulations must remain substantially intact, retained, preserved
and restored in order to qualify for the aforementioned parking space
requirement: in the event such building or structure is substantially demolished.
the parking requirement shall be 1 space per hotel unit For properties not
located within a local historic district or a national register historic district: .5
spaces per unit, up to a maximum of 1 00 units and 1 space per unit for all units in
excess of 100 units. hHowever, suites hotel units as defined in Section 142-1105
2 of 3
391
that are greater than 550 square feet and that contain full cooking facilities in
buildings on lots that are greater than 50 feet in width shall have the same
parking requirement as apartment buildings in (1 )b. and c. above. Required
parking for hotel accessory uses shall be as follows:
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word.
SECTION 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoptton.
PASSED and ADOPTED this __ day of ________ ,, 2013.
ATTEST:
CITY CLERK
First Reading: January 16, 2013
Second Reading: February 6. 2013
Verified by:-------~---:----::-:::
Richard G Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
T:\A.GENDA\2013\January 16\Hotel Parking Planning Dept Ver ORO 1 stdocx
3 of3
392
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
THIS PAGE INTENTIONALLY LEFT BLANK
393
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Adopting Amendment 11 of Florida Constitution.
Issue:
Should the City Commission approve an Ordinance at First Reading amending Chapter 1 02 of the City
code?
Item Summar /Recommendation:
FIRST READING
On November 6, 2012, voters approved Amendment 11 of the Florida Constitution revising
the existing additional homestead exemption for low-income seniors and authorizing a new
additional exemption for them.
On December 19, 2012, the Property Appraiser's Office advised the City that the new
exemption could only be applied by the taxing authority once an ordinance is adopted by a
super ma·orit of the members of the Cit Commission
Cd~is~~oar:_t!_f!eco~_'!l~~~!!.~r:a:..._~---.-·~--=:=-==--==~-=======~==]
Financial Information:
·-~~~~~~ or-~·· ·
1
~+-· · Amount · ---r--_________ ··_· 3ccount_:~=_ --·--·---
r~--·-~ r--... 2 ·.··j·. -_ -------t .. --.-·-------·~------.. --~----~
1 I r-· 3 ------T--~-·---·-·----~-·-----~.-----
L. ____ __J f-.:: ---------·-· .. ----·-~------------
OBPI ! Total
·---·----~L___ --.-.... --L-~---~~---·-·--·--··~~--.. --.-~ -·
Financial Impact Summary:
According to Miami-Dade County Property Appraiser Office, the City of Miami Beach has
305 Qualifying Seniors of which 89 will be benefited by this ordinance. Based on the 2012
Preliminary~~men_! _ _8o1Ub~ t2!.~f!ll?_?.Ct_!Q...tb~ Ci!Y.L!"!!evenu~l<?s~~ill_be jj_6, ~ 42.:_ ~ ...
pity Clerk's Office Legislative Tracking: -·-~---·---·
L~·· ··---~·~·-· Si n-Offs:
Department Director l · Assistan.t City Manager
---·---------~-------·-,--,-·--__ ,,_,_.,.,_.,. __ .. ________ ·-~
T:\AGENDA\2013\January 16\Hotel Parking SUM 1st.docx
MfAMIBEACH 394
anager
~~-------·-
AGENDA ITEM _R~'S_;_F_·· _
DATE /·-/{y/3_ ... .;e
(9 MIAMI BEACH
City of Miami Beach, 1700 Convenlion Center Drive, Miami Beach, Florida 33139, www. miomibeochfLgov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Clty Commission
fROM' Kathie G. Brooks, Interim City Manager )4'A /---. ,
DATE: January 16, 2013
FIRST READING
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF
THE MIAMI BEACH CITY CODE, ENTITLED "TAXATION," BY
CREATING SECTION 102-2, TO BE ENTITLED "HOMESTEAD
EXEMPTION FOR LOW-INCOME SENIOR CITIZENS WHO ARE LONG-
TERM RESIDENTSn; PROVIDING FOR AN ADDITIONAL HOMESTEAD
EXEMPTION FOR CERTAIN LOW-INCOME QUALIFYING SENIOR
CITIZENS WHO ARE LONG-TERM RESIDENTS TO BE APPLIED TO
MILLAGE RATES LEVIED BY THE CITY OF MIAMI BEACH;
REQUIRING DELIVERY OF ORDINANCE TO THE MIAMI-DADE
COUNTY PROPERTY APPRAISER; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AN EFFECTIVE DATE, AND
REQUIRING A MAJORITY PLUS ONE VOTE OF THE MEMBERS OF
THE CITY COMMISSION.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on First Reading and set a Second Reading Public
Hearing for February 6, 2013.
BACKGROUND
On November 6, 2012, voters approved Amendment 11 of the Florida
Constitution revising the existing additional homestead exemption for low-income
seniors and authorizing a new additional exemption for them.
On December 19, 2012, the Property Appraiser's Office advised the City that the
new exemption could only be applied by the taxing authority once an ordinance is
adopted by a super majority of the members of the City Commission.
According to Miami-Dade County Property Appraiser Office, the City of Miami
Beach has 305 Qualifying Seniors of which 89 will be benefited by this ordinance.
Based on the 2012 Preliminary Assessment Roll, the total impact to the City in
revenue loss will be $16,742.
In order for this exemption to be applicable for the 2013 tax roll, we have to
submit our adopted ordinance to the County's Property Appraiser's Office no
395
later than March 1, 2013.
These Amendment revisions are as follows:
Changes to the existing additional Homestead exemption for Qualifying Seniors
• The amount of exemption that can be granted to a qualifying senior is now
a flat $50,000 instead of an amount up to $50,000.
• A municipality can adopt an ordinance granting either or both of these
additional exemptions authorized by the constitution for qualifying seniors.
Provisions regarding the new additional Homestead exemption for Qualifying
Seniors
• The amount of this exemption is equal to the assessed value of the
Homestead, up to a just value of less than $250,000; and,
• The owner must have made the property his permanent residence for 25
years; and
• This exemption can only be granted by a super majority of the members of
the municipal governing body.
Provisions that apply to both additional exemptions for Qualifying Seniors
• The owner's household income must not exceed $27,030;
• Municipalities must pass a local ordinance granting either or both of these
exemptions; and,
• These additional exemptions will first apply to the 2013 tax roll and to all
subsequent tax rolls.
CONCLUSION
That the Mayor and City Commission approve the Ordinance by a super majority
on First Reading and set a Second Reading Public Hearing for February 6, 2013
396
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
102 OF THE MIAMI BEACH CITY CODE, ENTITLED
"TAXATION," BY CREATING SECTION 102-2, TO BE ENTITLED
"HOMESTEAD EXEMPTION FOR LOW-INCOME SENIOR
CITIZENS WHO ARE LONG-TERM RESIDENTSn; PROVIDING
FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR
CERTAIN LOW-INCOME QUALIFYING SENIOR CITIZENS WHO
ARE LONG-TERM RESIDENTS TO BE APPLIED TO MILLAGE
RATES LEVIED BY THE CITY OF MIAMI BEACH; REQUIRING
DELIVERY OF ORDINANCE TO THE MIAMI-DADE COUNTY
PROPERTY APPRAISER; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AN EFFECTIVE DATE, AND
REQUIRING A MAJORITY PLUS ONE VOTE OF THE MEMBERS
OF THE CITY COMMISSION.
WHEREAS, on September 20, 2011, Representative Jose Oliva (R-Hialeah) filed
House Joint Resolution 169 for consideration during the 2012 Florida legislative session
related to property tax relief for low-income senior citizens who are long-term residents;
and
WHEREAS, during the 2012 session, the Florida Legislature enacted House
Joint Resolution 169 and placed the question on the statewide November 2012 ballot as
Amendment No. 11, and also enacted House Bill 357 implementing Amendment No. 11
contingent on voters approving it, Chapter 2012-57, Laws of Florida; and
WHEREAS, on November 8, 2012, voters approved Amendment No. 11 by the
required 60 percent needed for passage; and
WHEREAS, pursuant to Amendment No. 11 and House Bill 357, now codified as
Article VII, Section 6(d)(2) of the Florida Constitution and Section 196.075, Florida
Statutes, respectively, the board of county commissioners of any county and the
governing body of municipalities may adopt an ordinance to allow an additional
homestead exemption for the amount of the assessed value of the property for any
person who has the legal or equitable title to real estate with a just value of less than
$250,000 and has maintained thereon the permanent residence of the owner for at least
25 years, who has attained the age of 65, and whose household income does not
397
exceed the income limitations set forth in state Jaw, which is currently $27,030 and
adjusted annually; and
WHEREAS, Article VII, Section 6(d) provides that a municipality may implement
this low-income senior homestead exemption for long-term residents in addition to or in
place of the existing additional $50,000 senior citizen homestead exemption at the
option of the municipality; and
WHEREAS, Section 196.075, Florida Statutes, provides that this low-income
senior exemption must be authorized by a majority plus one vote of the members of the
governing body of the municipality granting such exemption; and
WHEREAS, on May 5, 2007, the Mayor and City Commission pursuant to
Ordinance No. 2007-3558 increased the homestead exemption for certain qualifying
senior citizens from $25,000 to $50,000, as codified in Section 102-1 of the Code of the
City of Miami Beach, Florida; and
WHEREAS, in addition to the existing additional $50,000 senior citizen
homestead exemption adopted pursuant to Ordinance 2007-3558, the Mayor and City
Commission wish to implement the additional homestead exemption for low-income
senior citizens who are long~term residents in accordance with the provisions of Article
VII, Section 6{d)(2), of the Florida Constitution, and Section 196.075 of the Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA by a majority plus one vote
of the members of the City Commission as follows:
SECTION 1. Section 102-2 of the Code of the City of Miami Beach, Florida, is
hereby created to read as follows:
CHAPTER 102
TAXATION
Article I. In General
* * *
2
398
Sec. 1 02~2. Homestead exemption for low-income senior citizens who are
long-term residents.
(a} In accordance with Article VII, Section 6(d)(2) of the Florida Constitution and
Section 196.075 of the Florida Statutes, any Qerson who meets the following criteria
shall be entitled to make application for an additional homestead exemption for the
amount of the assessed value of the property:
{i) has the legal or eguitable title to real estate located within the
City of Miami Beach, Florida with a just value of less than
~250,000,
(ii) has maintained thereon the Qermanent residence of the owner
for at least 25 years,
(iii) has attained the age of 65, and
Ov) has a household income that does not exceed the income
limitations set forth in state law, which is currently $27,030 and
adjusted annually.
(b) The exemption set forth in subsection (a} above shall be in addition to and shall not
replace the additional $50,000 senior citizen homestead exemption adopted pursuant to
Ordinance No. 2007-3558 and codified in Section 102-1 of the City Code.
(c) Every person claiming the additional homestead exemption pursuant to subsection
{a} above must file an application therefore with the Miami-Dade County Property
Appraiser ("Property Appraiser") no later than March 1 of each year for which such
exemption is claimed. Such application shall include a sworn statement of household
income for all members of the household and shall be filed on a form prescribed by tf'!e
Florida Department of Revenue. On or before June 1 of each such year, every applicant
must file supporting documentation with the Property Appraiser, unless the filing of
annual supporting documentation is waived by the Miami Dade County Board of County
Commissioners. Such documentation shall include copies of all federal income tax
returns. wage and earning statements, and such other documentation as required by
the Miami Dade County Board of County Commissioners. including documentation
necessary to verify the income received by all of the members of the household fo_r the
prior year.
3
399
(d) Failure to file the application and sworn statement by March 1 or failure to file the
required supporting documentation by June 1 of any given year shall constitute a waiver
of thQ_additional exemption privilege for that year.
(e} Notwithstanding subsections (c) and (d) above, if the Property Appraiser, pursuant to
Section 196.011 (9). Florida Statutes, requests that the Miami-Dade County Board of
County Commissioners waive the requirement that an annual application and income
statement be made for renewal of the exemption provided in Section 196.075, then after
an initial application for exemption has been made and the exemption is granted
pursuant to Section 196.075, subsection (c) and (d) shall not apply and the requirement
that an annual renewal application or Income Statement be submitted to the Property
Appraiser for exemption of prop~rty within the County shall be waived except in the
circumstances set forth below. A timely annual application together with the required
Income Statement for exemption shall be required whenever:
(i} property exempted on the assessment roll of the immediately
preceding tax year is sold or otherwise disposed of,
(ii) the ownership changes in any manner,
(iii) the applicant ceases to use the property as his or her
homestead, or
(iv) the status of the owner changes so as to change the exempt
status of the property, as provided in Section 196.011 (9}(a}, Florida
Statutes.
(f) This additional exemption shall be available commencing with the 2013 tax roll and
shall continue with all subsequent tax rolls.
{g) Commencing Japuary 1, 2013, and each January 1 thereafter, the annual income
limitation applicable to this Ordinance shall be adjusted annually as provided in state
law and shall be apQiicable as of January 1 of each year.
{h) The City Clerk shall file a copy of this Ordinance in the appropriate books anp
records and shall transmit a copy to the Miami-Dade County Property Appraiser on or
before March 1, 2013.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
4
400
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
Underline denotes additions
StAke through denotes deletions
(Sponsored by Mayor Matti Herrera Bower and
Vice"Mayor Michael Gongora)
F:\ATTO\TURN\ORDINANC\Low Income Senior Homestead Exemption.rtf
5
401
MATTI HERRERA BOWER
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
R7
RESOLUTIONS
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution Waiving The Competitive Bidding Requirement And Approving And Authorizing The Mayor And
City Clerk To Execute Two Separate Lease Agreements Between 1) The City And State Representative
David Richardson For The Use Of Office Space Located At 1701 Meridian Avenue, And 2) The City And
Commissioner Bruno Barreiro For The Use Of Ground Floor Space Located At City Hall
Key Intended Outcome Supported:
Not Applicable
Supporting Data (Surveys, Environmental Scan, etc.):
Not Applicable
Shall the City enter into two separate Lease Agreements with 1) State Representative David Richardson and
2 Commissioner Bruno Barreiro for the use of office s ace?
Item Summary/Recommendation:
David Richardson was elected to represent District 113 in the Florida House of Representatives and was
sworn into office on November 20, 2102. Representative Richardson currently occupies Suite 402B,
consisting of 149 square feet, and has requested to lease Suite 402A, consisting of 541 square feet, once it is
vacated by the current tenant Commissioner Richardson would vacate Suite 402B. The Lease would be for
an initial term of two (2) years with three (3) extension options for two (2) years each. In an open market,
Suites 402A/402B could command approximately $35 per square foot tt is recommended, due to the benefit
of providing space for Miami Beach residents to meet with their elected officials, the City enter into a Lease
Agreement with Representative Richardson for $6.90 per square foot, which covers the City's common area
maintenance costs and insurance expense.
Commissioner Bruno Barreiro was first elected in 1998 and has been re-elected for subsequent terms to
represent District 5, which includes portions of the City of Miami Beach. In approximately 2001, Commissioner
Barreiro moved his office to a 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. The 412 square foot space could
command at least $35 per square foot (or $14,420 annually). The City does not currently charge rent for this
space. It is recommended, due to the benefit of providing space for Miami Beach residents to meet with their
elected officials, the City enter into a Lease Agreement for one dollar per year.
At its December 12, 2012 meeting, the Finance & Citywide Projects Committee discussed the matter and
recommended approving_ both Lease Agreements with the proposed terms.
~i!Qry Boa~d Recommendation: -----~
i Finance & Citywide Projects Commi~tee: December 20, 2012_
Financial Information: ourceof ------r---~~---A-m __ o_u_n_t----~~
unds: ~~-----1~+---~n~/~a ------
~--~--~-----~--~~ _anciallmpact Summary:
Cit Clerk's Office Legislative Tracking~
na Parekh, ext 6471
-----~--
KGB/MAS/AP/MM
T:IJ\GENDA\2013\January ·to\f~ep Hichmdson & C0mm Barreiro Leases SUM (1-4-13).docx
MlAMIBEACH 403
__ A_c_c~o_u_n_t ----~
-·-l
·-----~-J
AGENDA tTEM R 7 A
DATE {-Iff/]
(9 MIAMIBEACH
City of Miami Bea(h, 1700 Convention ((;nter Drive, Miami B<•och, Florida :33139, www.miort,ibeac~fl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti H. Bower and Members of the ~ity Com eon ·~~/.
Kathie Brooks, Interim City Manager/ " /
January 16, 2013
A RESOLUTION WAIVING, BY 5/7THS VOTE, THE COMPETITVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY, AND APPROVING A LEASE AGREEMENT WITH STATE
REPRESENTATIVE DAVID RICHARDSON TO LEASE OFFICE SPACE
LOCATED AT 1701 MERIDIAN AVENUE, MIAMI BEACH, FLORIDA, FOR AN
INITIAL TERM OF TWO YEARS RETROACTIVELY COMMENCING ON
DECEMBER 20, 2012, AND EXPIRING NOVEMBER 30, 2014, WITH THREE
(3) EXTENSION OPTIONS FOR A PERIOD OF TWO (2) YEARS EACH; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT SUBJECT TO FINAL REVIEW BY THE CITY MANAGER AND
FORM APPROVAL BY THE CITY ATTORNEY
A RESOLUTION WAIVING, BY 5/7THS VOTE, THE COMPETITVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY, AND APPROVING A LEASE AGREEMENT WITH
COMMISSIONER BRUNO BARREIRO AND/OR THE MIAMI-DADE BOARD OF
COUNTY COMMISSIONERS TO LEASE 412 SQUARE FEET OF GROUND
FLOOR OFFICE SPACE LOCATED AT 1700 CONVENTION CENTER DRIVE,
MIAMI BEACH, FLORIDA, FOR AN INITIAL TERM OF FORTY SIX (46)
MONTHS COMMENCING ON FEBRUARY 1, 2013, AND EXPIRING
NOVEMBER 30, 2016, WITH ONE (1) EXTENSION OPTION FOR A PERIOD
OF FOUR (4) YEARS; AND FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE AGREEMENT SUBJECT TO FINAL REVIEW
BY THE CITY MANAGER AND FORM APPROVAL BY THE CITY ATTORNEY
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
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 Visitor and Convention Authority (MBVCA), 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. Representative Richardson moved into an adjacent 149
square feet of space (hereinafter referred to as Suite 4028) on a temporary basis on December
404
Commission Memorandum -Representative Richardson & Commissioner Barreiro Leases
January 16, 2013
Page 2of3
20, 2012, which was previously used part-time on Tuesday mornings by staff from the office of
Congresswoman Ileana Ros-Lehtinen. Both spaces are depicted on the floor plan which is
attached hereto and marked ''Attachment 1."
Representative Richardson has requested to lease a larger space and has determined that the
current MBVCA space meets his needs to serve as his district office.
The MBVCA is in the process of initiating the renovations for its future space and the MBVCA's
contractor is currently in the permitting phase. In the meantime, the temporary use of Suite
402B allows 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.
Throughout Florida there is precedent for the provision of affordable municipal office space to
State Representatives. For example, the City of Vero 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. 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. The space occupied by Commissioner Barreiro's office is
depicted on the floor plan which is attached hereto and marked "Attachment 2."
ANALYSIS
Suite 402B (149 square feet temporarily occupied by Representative Richardson) and Suite
402A (541 square foot space to be occupied by Representative Richardson) could command, in
an open market, approximately $35/sf gross. The City currently leases adjacent office space at
$37.61/sf to a physician on the 41h floor. That rent (which started at $35/sf and escalated during
the exercised renewal options} includes $6.00/sf for operational expenses (utilities and common
area maintenance expenses) and $.90/sf for insurance. Cleaning and trash removal within the
405
Commission Memorandum-Representative Ric/1ardson & Commissioner Barreiro Leases
January 16, 2013
Page 3 of3
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, At fair market rent, Suite
402A (541 square feet) could lease for approximately $18,935 per year and Suite 402B (149
square feet) could lease for $5,215 per year.
The 412 square foot 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 HaU 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 estimated CAM costs would be $6.90/sf, which is what we are charging the
physician in the 1701 Meridian Avenue leased space. In an open market, Commissioner
Barreiro's space could lease for approximately $14,420 per year.
CONCLUSION
While the City could command fair market rents for the use of the two spaces, the current use of
ground floor space by Commissioner Barreiro, and the proposed use of office space on the 41h
floor by Representative Richardson facilitate enhanced public service to constituents, The
City's contribution in making City space available for Miami Beach residents to meet with their
County and State elected officials outweighs the benefits of collecting fair market rent for these
properties.
At the December 20, 2012 Finance and Citywide Projects Committee ("F&CPC") meeting, the
Administration proposed the terms set forth above. The F&CPC agreed with the importance of
providing space for Miami Beach residents to meet with their elected officials, as well as the
terms proposed by the Administration.
Therefore, the Administration recommends in favor of approving:
• The City enter into a Lease Agreement with Representative David Richardson (and/or
the Florida House of Representatives) for the temporary use of 149 square feet and the
future use of 541 square feet of space located on the 41h floor of 1701 Meridian Avenue
for $6.90/sf. The rent for the 149 square foot space will be $86 monthly, and the rent for
the 541 square foot space will be $311 monthly. This rent represents the amount
necessary to cover the City's Common Area Maintenance costs and insurance
expenses.
• The City enter into a Lease Agreement with Commissioner Bruno Barreiro (and/or the
Miami-Dade Board of County Commissioners) for the use of 412 square feet of space
currently occupied in the ground floor of City Hall, 1700 Convention Center Drive, for one
dollar per year. The one dollar represents legal consideration and is intended to honor
the previously agreed upon terms for the use of the space. The recommendation to
enter into a formal Lease Agreement is intended for the purpose of memorializing the
re ent for the use of the space.
KGB\ MM
Attach
T:\AGENDA\2013Vanuary 16\Rep Richardson & Comm Barreiro Leases MEM (1-4-13).docx
406
ELEVATOR
LOBBY
WAITING
AREA
WORK
AREA
425 SQ. fT.
CORRIDOR
jTENANT]
///
OFFICE
///
QfFICE PLAN
0 SCALE: 1/8• o 1'·0'
/ /coN~NC~ /
/ /R/ //
FOURTH FLOOR PLAN
~ SCALE: NTS
4th Floor Office Space
777 Building
1701 Meridian Avenue
407
OFACE
130 SQ. FT.
REC£PTION/
WORK AREA
OFFICE
ep MIAMIBEACH
ATTACHMENT 1
OFFICE PLAN 6 SCALE: 1/6' < 1'-0'
/////11
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2
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//////
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FOURTH FLOOR PLAN 0 SCALE: NTS
Pliwmmu:\ Miami-Dade County
District 5 Commissioners Office
Miami Beach City Hail
1700 Convention Center Drive
408
C9 MIAMIBEACH
ATTACHMENT 2
~ 0 <0 MIAMI BEACH L -~~~----~"~" ~ ~ ~~ ~~~~~-~-~~----~ CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, January 16,2013, to consider the following: 2:15p.m. A Resolution Waiving, By 517ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving A Lease Agreement With State Representative David Richardson To Lease 541 Square Feet Of Office Space Located At 1701 Meridian Avenue, Miami Beach, Florida, For An Initial Term Of Two Years Commencing On December 20, 2012, And Expiring November 30,2014, With Three (3} Extension Options For A Period Of Two (2} Years Each; And Further Authorizing The Mayor And City Clerk To Execute The Agreement Subject To Final Review By The City Manager And Form Approval By The City Attorney. A Resolution Waiving, By Sfiths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving A Lease Agreement With Commissioner Bruno Barreiro And/Or The Miami-Dade Board Of County Commissioners To Lease 412 Square Feet Of Ground Floor Office Space Located At i 700 Convention Center Drive, Miami Beach, Florida, For An Initial Term Of Forty Six (46) Months Commencing On February 1, 2013, And Expiring November 30,2016, With One (1) Extension Option For A Period Of Four (4) Years; And Further Authorizing The Mayor And City Clerk To Execute The Agreement SubjectTo Final Review By The City Manager And Form Approval By The City Attorney. Inquiries may be directed to the Office of Real Estate, Housing & Community Development (305) 673-7260 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 avallable 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 Ctty 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 whicfl the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherv1ise inadmissible or irrelevant evidence, nor does tt 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 m users may also call the Florida Relay Service at 711. Ad#759
RESOLUTION TO BE SUBMITTED
410
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting the
Recommendations Of The Historic Preservation Board (HPB) And Granting A Certificate Of Appropriateness
For The Total Demolition Of An Existing Single Story Bullding And The Construction Of A New 5-Story Parking
Garage With Accessory Ground Level Commercial Space At 340 23'<~ 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 wiH 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 3rd, 2012, and on May 24,2012, the Notice to Proceed for the Planning
Phase was issued.
The proposed parking garage wm 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,
wm 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 demoHtion 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 demoHtion 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.
On December 12, 2012, the City Commission approved Resolution No. 2012-28076, setting a Public Hearing to
consider the issuance of 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 (Comns Park Garage).
The Administration recommends approval of the Resolution.
Board Recommendation:
Financial Information:
Source of I Amount Account
Funds: 1
I I 2
OBPI Total
Financia.llmpact ~~mmary: --
Cit~ Clerk's Office Legislative Tracking:
I Fernando Vazqld_e:::.:z:.L.'..:::.e:..;.;xt:.:.... 6.:::..1.;...:3::..:5'---~~---------~---------~--=:J
Si n-Offs:
MIAMI BEACH 411
AGENDA ITEM _i ...... ~_/--'8"-· _
DATE 1-flr"/:3
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, F!orido 33139, www.miomibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members ~; the cyommission
Kathie G. Brooks, Interim City Manager ;f fi / ·
January 16, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE HISTORIC
PRESERVATION BOARD, AND GRANTING A CERTIFICATE OF APPROPRIATENESS
FOR THE TOTAL DEMOLITION OF AN EXISTING SINGLE STORY BUILDING AND
THE CONSTRUCTION OF A NEW 5wSTORY 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.
Improve parking availability.
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.
412
Commission Memorandum -Collins Park Garage -Setting Public Hearing for Certificate of Appropriateness
January 16, 2013
Page 2 of2
The proposed parking garage will be constructed on the two properties currently occupied by
surtace 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 Uberty 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 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.
On December 12, 2012, the City Commission approved Resolution No. 2012-28076, setting a Public
Hearing to consider the issuance of 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).
CONCLUSION
The Administration recommends that the City Commission accept the recommendations of the
Historic Preservation Board, and 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).
413
r --·---·.·---.···-------------------------·---·--·------------------·--·---·---·--·-·---····M----------------------------·--· ·-------·----.,.'-
MIA/v\lBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
llOfiCE IS lfEIIEBY given that a public hearl~g wiii be held by the; Mayor and City Commission of the City ol Miami Beacn, Aorida, in \he
Commission Chambers, 3rd Floor, City Hall, 1700 Convention C'A:nh;r Drive, Miami !leaCh. Florida, on Wednesday, January 16, 2013, to
consider the tol!owing:
10:50a.m.
A Resolution PurSiJar.t To Miami Beach City Code Section 118·tit>3, To Consider Granting A Certificate Of Appropriateness for Tile Totnl
DemolitiOn or An Existing Single Story Building And Tile Cnnstnu:lion Of A lk>w S·Story Parking Garage With 1\ccessory Ground Level
Commercial Space At 340 23rd Stroot (Collins Park Garage}.
Inquiries may be directed to the Capital improvements Office (306) C73· 7071.
1
I
INTERESTED PARTIES arc !n'lltea 10 appear at this meeting, or be rr:oresented by an agent, or to express their views in wri~ng addressed to l
the City Commissio.'l, c/o the City Clerk, 1700 Convention Center Drive. 1st Floor, City Hall, Miami Bear.h, Fio.ida 33139. Copies of tl1~>SC items
are avai!flbie tor public iflSl)1Jction during normal business ho\lrS in tile City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall,
Miami Beach, Aorida 33139. This melliing moy be continued, and under such C•rcumstnnces additional \ega! notice will no! be provided. i
(Due 10 The Miami Herald's deadline, ordinances and/or resoMions 1Mt are tallleo. denies or willldrown will appear in this advertisemen~. ,
Ra!Bll! E. Granado, City Clelk
1 City ol Miami Beach !
Pursuant to Section 286.0105, F!a Stat, the City hereby advises 1M public thai: if a person decides to appeal anv decisioo made by the
City COmmission with respect to any matter coosidere<t at its meding or its hearing, such person must ensure that a verbatim record of
the proceedings is made, whicll record inc!udas the testimony ann twiflllnce upon which the appeal is to be based. This notice does not
constitute consent by the City IOi the introdiJclion or admissi!ln r•l oth<J,'Wisi! inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals oot otherwise allowed by law.
To request this material In accessible format sl!)n k1lli)UI\{Ie interpreters, Information on access lor peroons with disabililles. and/Or any
accommodation to review any document or participate in any Ci!y-sponsored proceeding, please contact us live diiys In advance at
(305) 673-741 l(Yoice) orm users may also call the Florida Relay Service at 711.
~~ i ~------------------------------------------~'
414
RESOLUTION TO BE SUBMITTED
415
THIS PAGE INTENTIONALLY LEFT BLANK
416
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Granting A Waiver Of Certain Development Regulations, Pursuant to Section 142-425(d) OfThe
City's Zoning Ordinance, For The Collins Park Garage Project, Located Within The Museum Historic District
And Collins Park Neighborhood; Said Waiver RegardiQg_ Tile 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
re_Qiaced with a parking structure of over 400_parkinJ;}_spaces.
Item Summary/Recommendation:
PUBLIC HEARING
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 3'd. 2012, and on May 24, 2012, the Notice to Proceed for the Planning
Phase was issued.
The proposed parking garage wilt 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 Uberty
Avenues. will provide approximately 17,500 sq. ft. of retail space, whHe 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 Uberty Avenue to create the urban plaza space (level4 ),
has been carefully studied in context with the Miami Beach Regional Library north fa.;: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 typical10 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.
Adviso Board Recommendation:
[ffistoric Preservation Board
Financial Information: -Source of Amount Account
Funds: 1
I _I 2
OBPI Total
Financial Impact Summary: , __
Si n-Offs:
CityMa
T:\AGENDA\2013\Ja'fluary 16\Collins Park Garage-Waiver of Develo ment Regulations\Collins Park Garage-Waiver of Development
Regulations -Summary.doc
MIAMI BEACH
417
AGENDA ITEM --'-'-R_7_(_;:;.;..__
DATE 1-[6 ·13
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, F!orido 33139, WW'W.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Man. aa~ge:;/J.. }>u~uc HEARING
January 16,2013 /tv-r
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, 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.
418
Commission Memorandum-Collins Park Garage-Grant a Waiver of Development Regulations
January 16, 2013
Page 2 of2
The proposed design has been presented to the community and was approved by the Historic
Preservation Board (HPB) on November 21, 2012. The Basis of Design Report {BODR) 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 Uberty 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
fa9ade. 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 regulatlons, 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 grant a waiver of certain
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.
Attachment A: Staff Report-HPB File No 7329
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419
Attachment A
m MIAMIBEACH ~
PlANNING DEPARTMENT
HISTORIC PRESERVATION BOARD
STAFF REPORT
FROM: Richard G. Lorber, AICP, LEED AP
Acting Planning Director Wllc.r ,R'G:>L
DATE: November 20, 2012 Meeting
RE: Historic Preservation File No. 7329
340 23rd Street -Collins Park Garag_e
The applicant, the City of Miami Beach, is requesting 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.
LEGAL DESCRIPTION:
Lots 7, 10 & 11, less N 1 0 FT for RJW & N25FT of Lots 1 0 & 12, Block 2, and Lots 1 thru 4
less N10FT of Lots 1 & 3 & Kits 6-8 & 10, Block1, and Lots 5, 7 & 9 Block 1, Miami Beach
Improvement Company, According to the Plat Thereof, as Recorded in Plat Book 5, Pages 7
& 8, of the Public Records of Miami-Dade County, Florida.
SITE DATA:
Zoning M
Future Land Use Designation -
Lot Size-
Existing FAR-
Proposed FAR -
Existing Height -
Proposed Height -
Existing Use/Condition -
Proposed Use -
EXISTING SITE:
GU (Government Use)
GU (Government Use)
"'51,720 S.F. (Includes lot area for proposed parking
garage only)
-116,720 S.F. (Including all City owned property on the
two blocks)
-108,998 S.F. I -0.93
Max = 2. 75 (for CD-3 zoning district)
312,493 S.F. (2.68) -Note: This calculation includes
the parking area in the F.A.R., as well as the existing
buildings on the City owned properties.
Single Story
-56 feet I 5-stories plus roof top parking (-70 feet to
highest non-habitable projection)
Parking Lot
Parking garage w/accessory ground level Commercial
(489 parking spaces & -17,500 S.F. Commercial)
The subject parcels are located within the Museum Local Historic District and National
Register Architectural District.
420
-----------------------------
THE PROJECT:
Page 2 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
The applicant has submitted plans entitled "Co!Hns Park Garage", as prepared by Zaha
Hadid Architects, in association with 8erenblum Busch Architecture, dated September 28,
2012.
The City is proposing to construct a new parking garage on the vacant portion of the City
parcels located on the south side of 23rd Street, between Park Avenue and Collins Avenue,
with a total of 489 parking spaces and approximately 17,500 S.F. of ground fJoor commercial
area. Vehicular access to the garage is located at the southwest corner of the building on
Park Avenue. Pedestrian access is provided with three (3) separate elevators along with
three (3) associated feature stairs, spaced near the east and west ends as well as ln the
center. A large public plaza is proposed at the ground level at the northwest corner,
covered by the garage structure starting at level four (4), approximately forty (40'} feet above
the plaza. Commercial uses are proposed along the ground level, with frontage along Park
Avenue, 23ra Street, and Uberty Avenue. Vehicular access on Liberty Avenue between 23rd
Street and 22nd Street Is proposed to be eliminated, in order to allow for a more expansive
pedestrian plaza.
COMPLIANCE WITH ZONING CODE:
The application, as proposed, is inconsistent with the following requirements of the City
Code; consequently, variances will be required if applicable.
1. No dimensions have been provided for any of the parking spaces or drive aisles,
thus compliance with the required parking dimensions cannot be verified.
2. Sec. 142-425.-Development regulations:
(a) The development regulations (setbacks, floor area ratio, signs, parking, etc.)
in the GU government use district shaH be the average of the requirements
contained in the surrounding zoning districts as determined by the planning
and zoning director, which shall be approved by the city commission.
(d) Following a pubfic hearing, the development regulations required by these
land development regulations, except for the historic preservation and design
review processes, may be waived by a five~sevenths vote of the city
commission for developments pertaining to governmental owned or leased
bulldings, uses and sites which are wholly used by, open and accessible to
the general public, or used by not~for-proftt, educational, or cultural
organizations, or for convention center hotels, or convention center hotel
accessory garages, or city utilized parking lots, provided they are continually
used for such purposes. Notwithstanding the above, no GU property may be
used in a manner inconsistent with the comprehensive plan. In aU cases
involving the use of GU property by the private sector, or joint
government/private use, development shall conform to all development
regulations ln addition to all applicable sections contained in these land
421
Page 3 of 15
HPB File No. 7329
-------------________ M_ee_t_inj;l Date: November 13,2012
development regulations and shall be reviewed by the planning board prior to
approval by the city commission. AH such private or joint government/private
uses are allowed to apply for any permittee variances. Private or joint
government/private uses shall not be eligible to waive any regulations as
described in this paragraph, except for not-for-profit, educational, or cultural
organizations as set forth herein.
(e) When a public hearing is required to waive development regulations before
the city commission, the public notice shall be advertised in a newspaper of
general paid circulation in the city at !east 15 days prior to the hearing. Fifteen
days prior to the public hearing date, both a description of the request and the
time and place of such hearing shall be posted on the property, and notice
shall also be given by mail to the owners of land fying within 375 feet of the
property. A five-sevenths vote of the city commission is required to approve a
waiver or use that is considered under this regulation.
3. The City Commission will be required to waive the development regulations in order
to approve the portions of the project which project into or over the public right-of~
way, as well as the regulations regarding the height; a maximum of 50 feet is
permitted within a local historic district and approximately 56.75 feet is proposed to
the top of the roof deck.
The above noted comments shall not be considered final zoning review or approval. These
and all zoning matters shan require final review and verification by the Zoning Administrator
prior to the issuance of a Building Permit.
ACCESSIBILITY COMPLIANCE:
Additional informatlon will be required for a complete review for compliance with the Florida
Building Code 2001 Edition, section 11 (Florida Accessibility Code for Building
Construction). These and all accessibility matters shall require final review and verification
by the Building Department prior to the issuance of a Buflding Permit.
PRELIMINARY CONCURRENCY DETERMINATION:
In accordance with Chapter 122 of the Code of the City of Miami Beach, the Transportation
and Concurrency Management Division has conducted a preliminary concurrency evaluation
and determined that the project does not meet the City's concurrency requirements and
leve\-of-service standards. However, the City's concurrency requirements can be achieved
and satisfied through payment of mitigation fees or by entering into an enforceable
development agreement with the City. The Transportation and Concurrency Management
Division will make the determination of the project's fair-share mitigation cost.
A final concurrency determination shall be conducted prior to the issuance of a Building
Permit. Mitigation fees and concurrency administrative costs shall be paid prior to the project
receiving any Building Permit. Without exception, all concurrency fees shall be paid prior to
the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy.
422
Page 4 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
COMPLIANCE WITH CERTIFICATE OF APPROPRIATENESS CRITERIA:
A decision on an application for a Certificate of Appropriateness shall be based upon the
following:
I. Evaluation of the compatibility of the physical alteration or improvement with
surrounding properties and where applicable, compliance with the following criteria
pursuant to Section 118-564(a)(1} of the Miami Beach Code (it is recommended that
the listed criteria be found Satisfied, Not Satisfied or Not Applicable, as so noted):
a. The Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings as revised from time to time.
Satisfied
b. Other guidelines/policies/plans adopted or approved by Resolution or
Ordinance by the City Commission.
Satisfied
II. In determining whether a particular application is compatible with surrounding
properties, the Board shaH consider the following criteria pursuant to Section 118-
564(a)(2) of the Miam\ Beach Code {it is recommended that the listed criteria be
found Satisfied, Not Satisfied or Not Applicable, as so noted):
a. Exterior architectural features.
Satisfied
b. General design, scale, massing and arrangement.
Satisfied
c. Texture and material and color.
Satisfied
d. The relationship of a, b, c, above, to other structures and features of the
district.
Satisfied
e. The purpose for which the district was created.
Satisfied
f. The relationship of the size, design and siting of any new or reconstructed
structure to the landscape of the district.
Satisfied
g. An historic resources report, containing all available data and historic
documentation regarding the building, site or feature.
Satisfied
h. The original architectural design or any subsequent modifications that have
acquired significance.
Satisfied
423
Page 5 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
111. The examination of architectural drawings for consistency with the criteria pursuant
to Section 118-564{a)(3) of the Miami Beach Code and stated below, with regard to
the aesthetics, appearances, safety, and function of any new or existing structure,
public interior space and physical attributes of the project in relation to the site,
adjacent structures and properties, and surrounding community. The criteria
referenced above are as follows (it is recommended that the listed criteria be found
Satisfied, Not Satisfied or Not Applicable, as so noted):
a. The location of all existing and proposed buildings, drives, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility services,
landscaping structures, signs, and lighting and screening devices.
Satisfied
b. The dimensions of all buildings, structures, setbacks, parking spaces, floor
area ratio, height, lot coverage and any other information that may be
reasonably necessary to determine compliance with the requirements of the
underlying zoning district, and any applicable overlays, for a particular
application or project
Not Satisfied; See Zoning Analysis
c. The color, design, surface finishes and selection of landscape materials and
architectural elements of the exterior of all buildings and structures and
primary public interior areas for developments requiring a building permit in
areas of the city identified in section i 18-503.
Satisfied
d. The proposed structure, and/or additions to an existing structure Is
appropriate to and compatible with the environment and adjacent structures,
and enhances the appearance of the surrounding properties, or the purposes
for which the district was created.
Satisfied
e. The design and layout of the proposed site plan, as well as all new and
existing buildings and public interior spaces shall be reviewed so as to
provide an efficient arrangement of land uses. Particular attention shall be
given to safety, crime prevention and fire protection, relationship to the
surrounding neighborhood, impact on preserving historic character of the
neighborhood and district, contiguous and adjacent buildings and lands,
pedestrian sight lines and view corridors.
Satisfied
f. Pedestrian and vehicular traffic movement within and adjacent to the site
shall be reviewed to ensure that clearly defined, segregated pedestrian
access to the site and all buildings is provided for and that any driveways and
parking spaces are usable, safely and conveniently arranged and have a
minimal impact on pedestrian circulation throughout the site. Access to the
site from adjacent roads shall be designed so as to interfere as little as
possible with vehicular traffic flow on these roads and pedestrian movement
424
Page 6 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
onto and within the site, as well as permit both pedestrians and vehicles a
safe ingress and egress to the site.
Satisfied
g. Lighting shall be reviewed to ensure safe movement of persons and vehicles
and reflection on public property for security purposes and to minimize glare
and reflection on adjacent properties and consistent with a City master plan,
where applicable.
Satisfied
h. Landscape and paving material§_ shall be reviewed to ensure an adequate
relationship with and enhancement of the overall site plan design.
Satisfied
i. Buffering materials shall be reviewed to ensure that headlights of vehicles,
noise, and light from Structures are adequately shielded from public view,
adjacent properties and pedestrian areas.
Satisfied
j. Any proposed new structure shall have an orientation and massing which is
sensitive to and compatible with the building site and surrounding area and
which creates or maintains important view corridor(s}.
Satisfied
k. All buildings shall have, to the greatest extent possible, space in that part of
the ground floor fronting a sidewalk, street or streets which is to be occupied
for residential or commercial uses; likewise, the upper floors of the pedestal
potiion of the proposed building fronting a sidewall< street, or streets shall
have residential or commercial spaces, or shall have the appearance of being
a residential or commercial space or shaU have an architectural treatment
which shall buffer the appearance of a parking structure from the surrounding
area and is integrated with the overall appearance of the project.
Satisfied
l. AU buildings shall have an appropriate and fully integrated rooftop
architectural treatment which substantially screens all mechanical equipment,
stairs and elevator towers.
Satisfied
m. Any addition on a building site shall be designed, sited and massed in a
manner which is sensitive to and compatible with the existing
improvement(s).
Not Applicable
n. All portions of a project fronting a street or sidewalk shall incorporate an
amount of transparency at the first level necessary to achieve pedestrian
compatibility.
Satisfied
425
Page 7 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
o. The location, design, screening and buffering of all required service bays,
delivery bays, trash and refuse receptacles, as well as trash rooms shall be
arranged so as to have a minimal impact on adjacent properties.
Satisfied
STAFF ANALYSIS:
The Origins of the Garage Project
At about the same time the Miami Beach Regional Library was constructed on 22nd Street, in
the !ate 1990s, the City purchased two properties Immediately to the east and west of
Liberty Avenue, on the south side of 23rd Street for the purpose of constructing a public
parking garage. These lots included the property between the new public library and 23rd
Street as wen as the property between the City Miami Ballet building and 23ra Street. The
purpose of the public parking garage was to serve the rapidly redeveloping Museum Historic
District, the Collins Park Neighborhood, the adjacent cultural facilities, Collins Park, and the
beach to the east side of Collins Park. The properties were specifically acquired with the
intention of constructing a parking garage that would bridge across Uberty Avenue on the
upper levels, allowing for an efficient layout of elevated parking that would not adversely
impact the integrity of the historic district and which would provide ground level quality
commercial space along the south side of 23rd Street
The currently proposed Collins Park Garage, designed by British Prime Architect, Zaha
Hadid Architects, in consultation with Florida Executive Architect, Berenblum Busch
Architecture, fulfills as well as exceeds the City's long term intention for the development of
these properties. The upper five (5) levels of the garage wm accommodate 489 parking
spaces within a spiraling floor plan entered from Park Avenue, while the ground level of the
structure, between Park and Uberty Avenues, will provide approximately 17,500 sq. ft. of
high quality retail space on 23'd Street.
The City property to the east side of Uberty Avenue, immediately north of the library, will
incorporate the principal dynamic vertical circulation core for the new garage, with a graceful
spiral staircase encircling a circular pedestrian elevator core, all set within a landscaped
public plaza defined by the 'raked' slender columns supporting the spiraling decl\ of the
parking structure high above. The location of this entrance plaza and vertrcal circulation
core has been carefully studied by the architects so that it wifl conveniently service 23rd
Street, Liberty Avenue, the Regional Library, the public beach, Collins Park, the Bass
Museum, and the City Miami Ballet. In effect, it will be a 'grand lobby' for the parking
structure and should serve as a successful pedestrian node and meeting place in the Collins
Park area which is highly visible from 23rd St., Collins Avenue, and from Dade Blvd/ Pinetree
Drive. This entrance plaza is a rare and unique urban attribute of the garage's design. It is
very unlike the pedestrian entrances to so many of America's public parking garages that
often seem to be placed where they are well hidden from public view rather than prominently
visible and welcoming.
Along its west side the public entrance plaza will gracefully merge into the Liberty Avenue
right of way, between 23rd and 22nd Streets, where it can be closed to vehicular traffic when
desired for pedestrian oriented events. Two additional vertical circulation cores for the
parking garage will be located to the west side of Uberty Avenue, along the retail corridors.
AU in all, this unique garage structure is designed to be user-friendly and welcoming to both
vehicles and pedestrians as well as to retail shoppers and visitors.
426
Page 8 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
--------------------------------------------~~----
Like so many of Miami Beach's celebrated new parking structures, the Collins Park Garage
will greatly exceed the sum of its parts, becoming yet another urban design destination for
visitors. The construction of this dramatic and sweeping design by Zaha Hadid Architects,
however. will not require the partial or total demolition of a single contributing structure
within the Museum Historic District. Only the vacant non-contributing gas station structure to
the west side of Liberty Avenue will require demolition. To the east side of Liberty Avenue,
the existing surface level parking lot of the Regional Library will be replaced by the public
entrance plaza of the Collins Park Garage structure.
Why is this Dramatic Garage Design appropriate in the context of the Museum
Historic District?
Along with the designation and successful redevelopment of the National Register ('Art
Deco') District came a corresponding dramatic increase in demand for public parking.
Within the dense urban fabric of the historic district this demand could only be met through
the construction of strategically located public parking garages. And because Miami Beach
had to build these exceedingly large structures within the fabric of its historic district, their
design had to be good -really good-and it had to be appropriate as welL In fact, the
whole notion of a parking structure as simply a place to temporarily store cars in a bleak and
unwelcoming warehouse environment had to be thoroughly abandoned. Miami Beach's
parking structures had to be designed to become an engaging and integral part of our
historic district's urban fabric. They indeed had to be designed to become our future historic
structures. But they also had to seriously contribute to the unique character of the historic
district -right from the start -and for the most part these new parking structures have met
that challenge.
From the design of the 'Ballet-Valet' parking garage by Arqultectonica in the mid 1990s, to
the design of the Drexel Avenue "Park 420" garage by Enrique Norten as well as the
Pennsylvania Avenue garage by Frank Gehry Partners and the 1111 Lincoln Road garage
by Herzog and Demeuron, we have seen how well-conceived and well-considered parking
structures cannot only become exceptional design edifices serving a very basic urban need,
but also how they can be so different in design and so distinctive from one another-each of
these recent structures has been truly custom tailored to the unique needs of its immediate
urban context as well as its own time.
The underlying reason for this success has been the fact that the architecture of Miami
Beach, from the very inception of our urban environment in the early 1900s, has directly
responded to the needs, technology and practicality of our changing times. This !s so
clearly evident in our historic districts where our 'contributing' structures are a virtual
calendar of this city's extraordinary design continuum over the decades, with each era of
architecture learning and springing forward from the last. As applied to the design of our
parking garages, this phenomenon has now made Miami Beach 'America's' laboratory for
progressive, sensitive, and thrilling public parking design which now attracts visitors 'from
around the world. The Collins Park Garage is a remarkable addition to this modern design
legacy and clearly falls within the parameters of appropriate new design within the hlstorlc
district.
How does the proposed Collins Park Garage meet both the Appropriateness and
Design Excellence test?
In a variety of significant ways -
427
Page 9 of 15
HPB File No, 7329
Meeting Date: November 13, 2012
• While the structure by necessity must exceed the height of certain nearby historic
structures 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 the interior light well which is open to the sky and 'trains' natura! daylight down
through the interior.
• The unique and graceful open spiral design of the structure bridges well above
Liberty Avenue creating a viewing portal to the historic structures on 23'd Street to
the north as well as to Collins Park to the south. Rather than blocking or obscuring
views to historic features in the district, this intentional design frames historic views,
• The proposed natural concrete finish of the garage's spiral parking deck utilizes
structural building materials of its time in a highly artistic manner in the same way
that the City's early Vernacular architecture used natural wood materials to express
the design of its time and the Art Deco buildings expressed themselves in the
"Depression Era" through the use of inexpensive stucco over very basic masonry unit
construction with strategic highlights of local keystone and inexpensive terrazzo,
• Zaha Hadfd Architects' public parking structure completes as well as complements
the Collins Park cultural campus' assemble of appropriately designed contemporary
infill public architecture by an extraordinary array of internationally acclaimed
architects, including Arata lsozaki (addition to Bass Museum), Arquitectonica (Miami
City Ballet), and AM. Robert Stern (Regional Public Library).
• The proposed commercial/retail spaces of the structure, along 23rd Street, are not
only excellent in design but are also consistent in scale and character with Miami
Beach's historic tradition of 'open' and engaging retail storefront design.
• The proposed pedestrian entrance plaza on 23rd Street appropriately follows the
Beach's strong tradition of well considered and well designed public spaces
throughout the historic district.
Staff has no hesitation in strongly recommending approval of this remarkable new parking
structure for the Museum Historic District and Collins Park Neighborhood.
RECOMMENDATION:
In view of the foregoing analysis, staff recommends the application be approved, subject to
the following conditions, which address the inconsistencies with the aforementioned
Certificate of Appropriateness criteria:
1. Revised elevation, site plan and floor plan drawings shall be submitted to and
approved by staff; at a minimum, such drawings shall incorporate the following:
a. Final details of all proposed storefront systems and associated details shall
be provided for all of the structures on the project site, in a manner to be
reviewed and approved by staff.
b. The final design and details of all railings shall be provided, ln a manner to be
reviewed and approved by staff.
428
Page 10 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
c. The existing decorative street lighting structures associated with the Regional
Library parking lot and the City Miami Ballet streetscape improvements shall
be retained and relocated, in a manner to be reviewed and approved by staff.
d. All electrical conduits and exterior lighting elements shall be contained within
the concrete structure of the building and shall not be surface mounted
wherever visible from the public right of way or wherever they may otherwise
have an adverse aesthetic impact upon the design integrity the structure, in a
manner to be reviewed and approved by staff.
e. AU sprinkler lines and sprinkler heads shall be incorporated into the building
structure and not sutface mounted wherever visible from the public right of
way or wherever they may otherwise have an adverse aesthetic impact upon
the design integrity of the structure, in a manner to be reviewed and approved
by staff.
f. Samples of aU exposed exterior materials to be used on the project, inclusive
of but not limited to concrete finish(es), column finishes and/or wrappings,
glass, and floor/deck finishes, shall be submitted to staff for review and
approvaL
g, All exposed exterior concrete work shall be of smooth finish to the highest
aesthetic standard, subject to staff review and approvaL Exterior stucco shaH
not be permitted where visible from the public right of way or wherever it may
otherwise have an adverse aesthetic impact upon the design integrity of the
structure, subject to staff review and approval.
h. Prior to the issuance of a Certificate of Occupancy, the project Architect shall
verify, in writing, that the subject project has been constructed in accordance
with the plans approved by the Planning Department for Building Permit.
2. A revised landscape plan, prepared by a Professional Landscape Architect,
registered in the State of Florida, and corresponding site plan, shall be submitted to
and approved by staff. The species type, quantity, dimensions, spacing, location and
overall height of all plant material shall be clearly delineated and subject to the
review and approval of staff. At a minimum, such plan shall incorporate the
following:
a. Street trees shall be required, and shall include the City standard bound
aggregate system with fertilization trench, irrigation, and up-lighting along all
street fronts, in a manner to be approved by Staff.
b. The proposed landscaping in the entrance p!aza area shall be further studied
and enhanced to the greatest extent possible utilizing native Florida plant
species, in a manner to be reviewed and approved by staff.
c. All exterior walkways and driveways shall consist of decorative pavers, set in
sand or other equally semi-pervious material, subject to the review and
approval of staff. Sample materials shall be provided for all proposed
429
Page 11 of 15
HPB Fl!e No. 7329
Meeting Date: November 13, 2012
walkway, roadway, and driveways, in a manner to be reviewed and approved
by staff.
d. All exterior lighting associated with the plaza area as well as the adjacent
sidewalks, exterior walkways, and areas of the public right of way
immediately surrounding and below the structure shall be subject to staff
review and approvaL
e. All landscape areas abutting driveways and parking areas shall be defined by
316 stainless steel ballard, in a manner to be reviewed and approved by staff.
f. A fully automatic irrigation system with 100% coverage and an automatic rain
sensor in order to render the system inoperative in the event of rain. Right-
ofwway areas shall also be incorporated as part of the irrigation system.
g. The ut!Hzation of root barriers and/or structural soil, as applicable, shall be
clearly delineated on the revised landscape plan.
h. The applicant shaU verify, prior to the Issuance of a Building Permit, the exact
location of all backflow prevention devices. Backflow prevention
devices shall not be permitted within any required yard or any area fronting a
street or sidewalk, unless otherwise permitted by the Land Development
Regulations. The location of all backf!ow prevention devices, and how they
are screened from the right-of-way, shall be clearly indicated on the site and
landscape plans and shall be subject to the review and approval of staff. The
fire department shall require a post-indicator valve (PIV) visible and
accessible from the street.
i. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all post-indicator valves (PIV), fire department connections
(FDC) and all other related devices and fixtures, which shall be clearly
indicated on the site and landscape plans, and shall be subject to the review
and approval of staff.
j. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all applicable FPL transformers or vault rooms; such transformers
and vault rooms, and all other related devices and fixtures, shall not be
permitted within any required yard or any area fronting a street or sidewalk.
The location of any exterior transformers, and how they are screened with
landscape material from the rightwof~way, shall be clearly indicated on the site
and landscape plans and shaH be subject to the review and approval of staff.
k. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect
for the project architect shaH verify, in writing, that the project is consistent
with the site and landscape plans approved by the Planning Department for
Building Permit.
3. All building signage shan be consistent in type, composed of flush mounted, non-
plastic, individual letters and shall require a separate permit. Illuminated signs shari
430
Page 12 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
only be permitted facing Collins Avenue, and only non-illuminated signs shall be
permitted facing all other streets.
4. The final exterior surface color scheme, including color samples, shall be subject to
the review and approval of staff and sllall require a separate permit.
5. A traffic mitigation plan, which addresses an roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, if required,
shall be submitted prior to the issuance of a Building Permit and the final building
plans shall meet ail other requirements of the Land Development Regulations of the
City Code.
6. Manufacturers drawings and Dade County product approval numbers for all new
windows, doors and gfass shall be required, prior to the issuance of a building
permit.
7. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly
noted on a revised roof plan and elevation drawings and shall be screened from
view, in a manner to be approved by staff.
8. AU new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code (FAC).
9. The project shall comply with any landscaping or other sidewalkfstreet improvement
standards as may be prescribed by a relevant Urban Design Master Pian approved
prior to the completion of the project and the issuance of a Certificate of Occupancy.
10. The applicant may be required to submit a separate analysis for water and sewer
requirements, at the discretion of the Public Works Director, or designee. Based on
a preliminary review of the proposed project, the following may be required by the
Public Works Department
a. A traffic and neighborhood impact study shall be conducted as a means to
measure a proposed development's impact on transportation and
neighborhoods. The study shall address a!l roadway level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, and if
required, shall be submitted prior to the issuance of a Building Permit. The
final building plans shall meet aH other requirements of the Land
Development Regulations of the City Code. The developer shall refer to the
most recent City of Miami Beach's Traffic and Neighborhood Impact
Methodology as issued by the Public Works Department.
b. Remove/replace sidewalks, curbs and gutters on all street frontages, lf
applicable. Unless otherwise specified, the standard color for city sidewalks is
red, and the standard curb and gutter color is gray.
c. Mill/resurface asphalt in rear aifey along property, if applicable.
d. Provide underground utility service connections and on-site transformer
location, if necessary.
431
Page 13 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
e. Provide back-flow prevention devices on all water services.
f. Provide on-site, self-contained storm water drainage for the proposed
development.
g. Meet water/sewer concurrency requirements including a hydraulic water
model analysis and gravity sewer system capacity analysis as determined by
the Department and the required upgrades to water and sewer mains
servicing this project.
h. Payment of City utility impact fees for water meters/services.
L Provide flood barrier ramps to underground parking or minimum slab
elevation to be at highest adjacent crown road elevation plus 8".
j. Right-of~way permit must be obtained from Public Works.
k. All right-of-way encroachments must be removed.
L All planting/landscaping in the public right-of~way must be approved by the
Public Works and Parks Departments.
11. The Applicant agrees to the following operational conditions for any and all permitted
hotel and accessory uses and shall bind itself, lessees, permittees, concessionaires,
renters, guests, users, and successors and assigns and aU successors in interest in
whole or in part to comply with the following operational and noise attenuation
requirements and/or limitations.
a. RESTAURANT CONDITIONS
i. Any future accessory outdoor restaurant use shall not operate
between midnight and 6:00A.M.
b. ROOFTOP CONDITIONS
i. Rooftop lighting fixtures shall be designed to deflect Hght from spilling
over to adjacent and nearby properties.
c. NOISE CONDITIONS
i. The Historic Preservation Board (HPB) or the Planning Director shall
retain the right to call the owners and/or operators back before the
HPB, at the expense of the owners and/ or operators, to impose
and/or modify the hours of operation, and the placement or use on the
property of exterior loudspeakers, fixed or portable, or amend or
impose other conditions, should there be a valid violation (as
determined by Code Compliance) about loud, excessive,
unnecessary, or unusual noise or other conditions of this approval.
An adverse adjudication of a violation against the owner or operator is
432
Page 14 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
not necessary for the board to have jurisdiction over the matter under
this condition. This condition vests jurisdiction independent of any
other condition hereof.
ii. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of
Miami Beach, Florida (a/k/a "noise ordinance"), as amended, shall be
deemed a violation of this approval and subject the approval to
modification in accordance with the procedures for modification of
prior approvals as provided for in the Code, and subject the applicant
to the review provided for in the first sentence of this subparagraph.
iii. No outdoor bar counters shall be permitted on the premises.
iv. Except as may be required for fire or building code/Life Safety Code
purposes, no loudspeakers shall be affixed to or otherwise located on
the exterior of the premises.
d. OPERATIONAL CONDITIONS
i. All trash containers shall utilize rubber wheels, or the path for the
trash containers shall consist of a sutiace finish that reduces noise, in
a manner to be reviewed and approved by staff.
iL Adequate trash room space, air conditioned and noise baffled, shall
be provided, in a manner to be approved by the Planning and Public
Works Departments. Doors shall remain closed and secured when
not in active use.
iii. Garbage dumpster covers shall be closed at all times except when in
active use and garbage pickups and service deliveries shall not take
place between 7PM and BAM.
iv. Outdoor cooking anywhere on the premises is prohibited. Kitchen
and other cooking odors will be contained within the premises. All
kitchens and other venting shall be chased to the roof and venting
systems shall be employed as necessary to minimize or dissipate
smoke, fumes and odors.
v. Equipment and supplies shall not be stored in areas visible from
streets, alleys or nearby buildings.
12. At the time of completion of the project, only a Final Certificate of Occupancy (CO)
or Final Certificate of Completion (CC) may be applied for; the staging and
scheduling of the construction on site shall take this into account AU work on site
must be completed in accordance with the plans approved herein, as well as any
modifications approved or required by the Building, Fire, Planning, CIP and Public
Works Departments, inclusive of all conditions imposed herein, and by other
Development Review Boards, and any modifications required pursuant to field
inspections, prior to the issuance of a CO or CC. This shall not prohibit the issuance
of a Partial or Temporary CO, or a Partial or Temporary CC.
433
Page 15 of 15
HPB File No. 7329
Meeting Date: November 13, 2012
13. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior
to the issuance of a Building Permit.
14. The Final Order is not severable, and if any provision or condition hereof is held void
or unconstitutional in a final decision by a court of competent jurisdiction, the order
shall be retumed to the Board for reconsideration as to whether the order meets the
criteria for approval absent the stricken provision or condition, and/or lt is appropriate
to modify the remaining conditions or impose new conditions.
15. The conditions of approval herein are binding on the applicant, the property's
owners, operators, and all successors in interest and assigns.
16. Nothing in this order authorizes a violation of the City Code or other applicable law,
nor allows a relaxation of any requirement or standard set forth in the City Code.
RGL;WHC:DHT
F:\PU\N\$HPS\ 12HPB\Nov12\7329.Nov12.docx
434
~--~--------------~
( f
r--__j ___ -!_':."_!_I_.!_~Y_.fi__SI2.~~~!'1BER 27, 2012 NE 'l
l.;;:;;;;M=I:;;::A=M=IB=E;;;;:;;;;A;;;;;;;;C=H:;;;:::;. =~===~~~,~
CITY OF MIAMI BEACH
NOTICE W HffiEaY g~ fiW a pu~~:~~~ oo
0! ~~~~~~ ~y~!!!~~~~ CffY of M~! Beaw, FroMa, In ~-~ 1
1
Commissron CMJflbero, 3rd FiOOf, City Han, 1700 Convention Center txm, Mlaml Beach, Florida. 011 Wednesday, Jllmwy 16; 2trla, to .•
CQI\s!t:k!r tilt! !oilowlng: · · · ·
10;5Sa.m. .,
P'Jtlilc Hearing To ·eonslder Gran~ng A Waiver Of Certain Oevelaprnoot Regulations, l'ursl.l<1r.t To Seaioo 142-425(d) Of The City's Zoning
Ordinance, For Too Collifls Park Garage Project, Located Within Tlle Museum Hisiorlc. Olsltlct And Collins Park tleighOOrilood; Sala Waiver
Regarding Too Maxiiilum IMalng ~lgflt. · ·
fnqulries ~be dir~ to~ capital improv-emtl!its Olfick (305) 673-7071.
ltmiu:STEO PARl'JEs 2re i!Wl!OO to appear at ll1lS mooting, Of be represented by M af)ent. or to~ ~ir lllews ln writing ~se<llO
!he City CommiSSiOn, tlo !be Clty CJm, 1700 GOOven!ioo Center Drive, lsi floor, Cffy Halt Miami Boach, Rorida 3~ 13\l. (),)pies of ll1eoo itlmts
are avaUabk'! for public ~nsoection during !10fmal business hc<.~rs 1ri ttm City Clerk's Oflics, 1700 ~tioo Conter Drive. lsi Fkior, Clly Hall,
Mlami Bearn.-Aorlda 33tS9. This mllilVil!l·may be CO!l!inued, ana uooer suclt tio;ornstarn:es attl!it!ooai ~egai ooUce will oot btt pNJvlded.
'(bue to Too Miami Hefalll's oead!ine, oidin1lliCCS a11Q/or 11Wl!ulions tha! are iabl~d. deni!JS or witlu:!ra;'ffi •~if! appe<~r in lltls a&ertisement) •
. Rafael E. Grana~o. City Cl~lk
Cl!;y of Miami Bilacb
Pursuant to Sectloo 286.01 OS, Aa. Stat. l!w City hereby a\Ms!JS the pubilc that: if a person decides to appeal any fleelsion made by the
GitY C!ll!lmi:>Sofl wl~ -~~to any matter oonsiderell at i~s musting or ils heari11{1, stlctl pecu011 must ensure that a ¥et"OOtim recoro of ttm
proceed11\(Js is made, wllich record 111clooeslll!llestll11{lny and evidence upon which tile appeal isla btl OO!!ed.Jhis llOlica does oot oonstllulc
consent by the Cily_ror the introiluctiOfl or aomJstiOn ol othc!Wise madmf:Ssible or irrelevant eVidence, nor does i!. auth<)rize challeoget or
appealS not otherwise allowll'd !JY law.
To request ttiis ~ii!~nar in aGce$sit:ie format, £ign !Jn;Juag!: mWrprerer~. mformatiun· en access for persons with disabilities, aml!or
any ilCCOffilllOOUfiOil tO review llny dOC!JtnOnt Of panlc'tpate il'l any C;ty·!lpOil&OTed J)fOCEedlng, p\e<IOO contact U$ fJYe days io advai1Ce_ at
(305) 673, 7411!volr.c! or m users may also c.ail the Florida Relay Service al :711. '
Ad i75S
435
RESOLUTION TO BE SUBMITTED
436
COMMISSlON ITEM SUMMARY
Condensed Title;
Key Intended Outcome Supported:
Ensure value and timely delivery of quality capital projects; improve parking availability.
1-.::--·--:--:-----:~~--=--·-----:~·---------~---------~------
Supporting Data (Surveys, Environmental Scan, etc.):
The Cultural Campus is currently serviced by 55 parking spaces on two surface parking lots, these will be
rej)laced with a Q_ark!ng structure of over 400 parking spaces.
Item Summary/Recommendation:
The Cultural Arts Neighborhood District (CANDO) is an area that is in need of parking for the visitors and
residents of the City of Miami Beach. In order to serve this need, the City is proposing to build a five {5) level
parking garage. 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 Banet
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 Uberty 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
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 Co!lins 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.
On September 5, 2012, the design concept for the Project was presented to the Community. The meeting was
well attended and the Project was very well received. 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 issued
HPB Final Order No. 7329. The public hearing for Commission approval of this Certificate of Appropriateness
for demolition is taking place during the January 16, 2012 Commission meeting.
On December 3, 2012, the Project was presented to the Transportation & Parking Committee.
By approving the BODR, the City will officially end the planning process for this project and adopt the design
concept The Administration will be able to proceed with the design development, construction documents,
bidding and award, and construction phases of the Project with this approval.
The Administration recommends approval of the Resolution.
Financial Information:
Account Source of -rh.o.=..::.c...c..:..-.,1---,.Am·-~unt
[Funds: l 8 : --~==================··=--~~------~-;
OBPI i}otal j----------~-~----------·--------------------------4
Financial 1m ~.cc:..t..:...S..;_;._u..:.;:m..::..:cm=a..;_.ryr...;: _______________ ~-------~-----'
City ClerJs's Office Legislative rracking:
[ Fernardo Vazguez, ext 6135 _ --~-
Si n-Offs:
Assistant City Manager
MIAMI BEACH 437
r
AGENDA ITEM --'-~-7_D_
DATE 1-/b-/3
(9 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 :h~-C~!Y Commission
Kathie G. Brooks, Interim City Manage~~~
DATE: January 16, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND OFFICIALLY ADOPTING THE BASIS OF
DESIGN REPORT {BOOR) FOR THE COLLINS PARK GARAGE PROJECT (THE
PROJECT).
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Ensure value and timely delivery of quality capital projects.
Improve parking availability.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Cultural Arts Neighborhood District Overlay is an area that is in need of parking for the visitors
and residents of the City of Miami Beach. In order to serve this need, the City is proposing to build a
five (5) level parking garage. The site for the new parking facility is bounded by 23rd Street on the
north, Park Avenue on the west, the Miami City Ballet on the south and Liberty Avenue on the east
{300 to 342 23rct Street). In addition, the City owns a surface parking lot that serves the City Library
bounded by Uberty Avenue to the west and the City Library to the south (224 23rd Street), which has
been included as part of the total proposed project site.
On May 11, 2011, the Mayor and City Commission approved the issuance of Request for
Qualifications No. 31 ~1 0/11 (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,
438
Commission Memorandum -Collins Park Garage -Setting Public Hearing for Certificate of Appropriateness
January 16,2013
Page 2 of 3
Architectural, Engineering, Design, Bid And Award, And Construction Administration Services.
The Agreement was executed on May 3rd, 2012. , and on May 22, 2012, the Notice to Proceed for
the Planning Phase was issued.
Much coordination has taken place between the architects, the consultants, the County, and City
staff, including Parking, Public Works, Building, Fire, Planning and City Manager's Office. In addition
to many teleconferences, the following face-to-face coordination meetings have taken place:
• May 22, 2012:
• May 23, 2012:
• July 3, 2012:
• July 10, 2012:
• August 13, 2012:
• August 18, 2012:
• August20,2012:
• August30,2012:
• September 4, 2012:
• September 5, 2012:
• September 6, 2012:
• November 19, 2012:
• December 3, 2012:
Project Kick-off Meeting and Visioning Session with City staff
Site Reconnaissance Visit
Meeting with Fire Marshall, Planning and Parking Dept.
Meeting with Building Department
Presentation of three (3) design concepts as per Contract
requirements
Meeting with Miami-Dade County right-of-way department.
Schematic Design Review Meeting
Presentation to Miami Beach Regional Library, Miami City Ballet &
Bass Museum
Preparation for Community Design Review Meeting
LEED Workshop
De-briefing after Community Design Review Meeting
Preparation for Historic Preservation Board Meeting
Preparation for Transportation & Parking Committee Meeting
On September 5, 2012, the design concept for the Project was presented to the Community. The
meeting was published in the Miami Herald, posted on the Clerk's calendar and City's website, and
individual invitations were sent to Commissioners as well as their aids, members of the Planning and
Historic Preservation Boards, Miami Beach Regional Library, Miami City Ballet, and Bass Museum.
The meeting was attended by members of the Commission, Collins Park Neighborhood Associatton,
and Planning Board, and the Project was overall very well received. Below are some of the items
discussed during the meeting:
• Concerns with homeless and skateboarders: the project will be designed with proper lighting
and in addition, the restaurant and retail spaces planned for the ground floor of the structure,
are envisioned to bring life to the area around the clock. Careful material selection, layout of
pavers and implementation of grooves will discourage skateboarders.
• Ensure an adequate number of bicycle racks: the design includes an area allocated for
bicycle storage, for approximately 50 bicycles, which will be located by the plaza with
optimum visibility.
• Concerns regarding the proposed smooth concrete finish: it was explained that the selection
of this finish in lieu of white paint has to do not only with maintenance, but mainly with
the idea of an architecture that shows the natural materials as in other projects of Zaha
Hadid Architects {ZHA).
On November 21, 2012, the project was presented to the Historic Preservation Board (HPB). The
Board 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 issued HPB Final Order No. 7329. The public hearing for Commission
approval of this Certificate of Appropriateness for demolition is taking place during the January 16,
2012 Commission meeting.
On December 3, 2012, the Traffic Impact Study was presented to the Transportation & Parking
Committee (TPC).
439
Commission Memorandum -Collins Park Garage-Setting Public Hearing for Certificate of Appropriateness
January 16, 2013
Page 3 of 3
ANALYSIS
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 Uberty 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 Uberty Avenue,
which will merge into the Liberty Avenue right of way between 22nd and 23rd streets, turning it into a
pedestrian street. The design takes a holistic approach to the site and considers the public plaza as
one continuous landscape that unites the project site with the adjacent sites-Miami City Ballet and
Miami Beach Regional Library -thereby creating an extension Collins Park. The City intends to
partner up with cultural institutions, including the Bass Museum, Miami City Ballet and Miami Beach
Library which are adjacent to the site, to program the plaza for a variety of events throughout the
year such as Art Basel.
The construction budget allocated for the garage structure and retail spaces, coupled with a portion
of the construction funding available from the Collins Park Ancillary Improvements Project for the
public plaza space and Liberty Avenue improvements, In the amount of $2.3M, will ensure the
successful and welcoming design of these urban public spaces as currently presented in the BOOR.
By approving the BOOR, the City will officially end the planning process for this project and adopt
the design concept The Administration will be able to proceed with the design development,
construction documents, bidding and award, and construction phases of the Project with this
approval.
The anticipated schedule for this project is as follows:
Design: January 2013-May 2014
Permitting: May 2014-July 2014
Bid and Award: July 2014-October 2014
Construction: October 2014-April2016
CONCLUSION
The Administration recommends that the City Commission approve and officially adopt the Basis of
Design Report (BOOR) for the Collins Park Garage Project (the Project).
Attachments:
A.
B.
C.
KB/JGG/{20M
Basis of Design Report (BODR), dated January 16, 2012.
Copy of Capital Budget sheet for Collins Park Ancillary Improvements
Copy of Historic Preservation Board (HPB) Final Order
440
Attachment A
Basis of Design Report (BOOR) will
be submitted under a separate cover
441
~ ~ f\) -Title: Project#: Department: Manager: CategofY: Domain: Location: Description: Justification: Project Time line: Cost Category aeunf .1'\fchitect/E:ngineering Unfunded crn365 Construction Management 3M CITY OF MIAMI BEACH 2013·2017 Capital Budget & 5·Year Capital Improvement Plan Collins Park Ancl!lart lmprovem<?.nts rwsco!lpar ClPOffice cip StreetJSidewalk/Streetscal'e lmprovernents cilycenter !~-~. OPERATING CATEGORIES FTE's #: Total: Pedestrian and ROW enhancemei11S norJ1 ot 22 St.. along Park /Wenue and Uberty Ave., to the Coliine Canal: Park io~venue. ::>et>';een 22nd aNi 23rd Streets; and 23rd Street bet.veen Collins Canal and Co!lins Avenue. Project to be phased in coorrJinallon with the Coliins Pad< Parking Garage Pro}ect, w1th p11ase l portion to Include improvements along Liberty Avenue, north of 23rd S:reet to Coili'ls Canal. K!Os Supported: Ensure Value and Timely Delivery of Quality Capital Projects: Maintain City's Infrastructure: t,!,<Jintain Miam' Beach Public Aroas & Rights of Way Citywide; <md Ensure Well Maintained Facilities. AlE Request for Qualifications Star AlE Agreement Award: Planning Start: [)~>,sign Start: Bid Start: Construction Conlr<i!Ct AINard.: Constructon S7art: Prior Years 0 241,719 2012113 MonthlY ear Jui-2014 2013/14 0 (l 0 c AlE Request for Qualifications C f-vh)flt:'~/Y .;~Br Planning Cornp}!;!flOI--;: Design Completion: Bid Completior~: Constr\Jctlon Compfet;o,"'1: Jun-20·,5 2014115 2015116 2016/17 Future 0 0 0 -153,033 0 c (} cmunf Construc:ion Management Unfunded 0 0 0 0 0 0 :'"~;)5, ~~ 6.i co365 Construction Fund 365 3,014,531 0 0 0 c 0 G counf Construction Unfunded 0 0 0 0 c ,, ::1,8: 6,f:~4G ct365 Contingencies Fund 365 297,500 c 0 0 0 0 G ctun1 Contingencies Unfunded 0 0 0 0 0 u 3A",_B94 de365 Design & Engineering Fund 365 446,250 (] 0 0 0 D 1_; peunf Perm>ttlng/Fees Unfunded 0 0 c 0 0 0 .1·3, 16S Total: 4,000,000 0 0 0 0 0 5,000,000 Annual~ Incremental ! Cost Total .. t~;s,n~~?, 24:.718 ~i05,·: (?4 3,Q:4,S31 3,8;6,S-"t0 ?H7,5Q;) 3E;1 J~9~ 4d6,25~; ?,B.\69 9,000,000 )> :::t Q n ::r 3 (f) ::J -l:J:\1
Attachment C
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETl NG DATE:
FILE NO:
PROPERTY:
LEGAL:
IN RE: The Application for a Certificate of Appropriateness for the demolition of the
existing restroom facilities and the construction of two (2) new single story
structures at the east end of the parking lot which will contain restroom and
lifeguard facilities.
ORDER
The applicant. the City of Miami Beach, filed an application with the City of Miami Beach
Planning Department for a Certificate of Appropriateness.
The City of Miami Beach Historic Presentation Board makes the following FINDINGS OF FACT,
based upon the evidence, information. testimony and materials presented at the public hearing
and which are part of the record for this matter:
A. The subject structure is not classified in the Miami Beach Historic Properties Database The
subject property is located within the Morris Lapidus Mid-Century Modern Local Historic
District.
8. Based on the plans and documents submitted with the application. testimony and
information provided by the applicant, and the reasons set forth in the Planning Department
Staff Report. the project as submitted ls consistent with the Certificate of Appropriateness
Criteria in Section 118-564(a)(1) of the Miami Beach Code, is not consistent with Certificate
of Appropriateness Criteria 'b' & 'd-f' in Section 118-564(a)(2} of the Miami Beach Code, is
not consistent with Certificate of Appropriateness Criteria 'b' in Section 118-564(a)(3) of the
Miami Beach Code, and is not consistent with Certificate of Appropriateness for Demolition
Criteria 'b-e' & 'h' in Section 118-564(f)(4} of the Miami Beach Code.
C. The project would be consistent with the criteria and requirements of section 118-564 if the
following conditions are met:
443
Page 2 of 4
HPB File No 7225
Meeting Date: January 11, 2011
1. Revised elevation. site plan and floor plan drawings shall be submitted to and
approved by staff; at a minimum, such drawings sha!! incorporate the following:
a. The design of the proposed Ocean Rescue building shall be modified to
include larger circular windows in the office areas, elimination of the louvers,
elimination of the exterior tapered column, and reduction in the projection of
the proposed eyebrow, in a manner to be reviewed and approved by staff.
b. A high quality, smooth textured surface shall be required, in place of the
proposed textured stucco finish, subject to the review and approval of staff.
c. The final.design and details of the proposed exterior tile. doors, and louvers
shall be required. subject to the review and approval of staff.
d. Any proposed roll down security housing and tracks shall be completely
visua!ty concealed from the bu!lding's exterior, in a manner to be reviewed
and approved by staff, or shall otherwise not be permitted.
e. Bicycle parking shall be provided on a revised site and floor plan. subject to
the review and approval of staff.
f. Manufacturers drawings and Dade County product approval numbers for ail
new windows. doors and glass shall be required.
g. All roof-top fixtures, air-conditioning units and mechanical devices. shall be
clearly noted on a revised roof plan and shaH be screened from view, in a
manner to be approved by staff.
h. Prior to the issuance of a Certificate of Occupancy, the project Architect shall
verify. in writing, that the subject project has been constructed in accordance
with the plans approved by the Planning Department for Building Permit
2. A revised landscape pian, prepared by a Professional Landscape Architect,
registered in the State of Florida, and corresponding site plan. shall be submitted.
The species type. quantity, dimensions. spacing, location and overaU height of all
plant materia! shall be clearly delineated and subject to the review and approval of
staff. At a minimum, such plan shall incorporate the fo!!owing:
a. A fuHy automatic irrigation system with 1 00°/o coverage and an automatic rain
sensor in order to render the system inoperative in the event of rain. Right-
of-way areas shall also be incorporated as part of the irrigation system.
b. The utilization of root barriers and/or structural soil, as applicable, shall be
clearly delineated on the revised landscape plan.
c. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all backf1ow preventors and al! other related devices and fixtures:
such fixtures and devices shall not be permitted within any required yard or
any area fronting a street or sidewalk. The location of backflow preventors,
siamese pipes or other related devices and fixtures, if any, and how they are
screened with landscape material from the right-of-way. shall be dearly
444
Page 3 of 4
HPB FHe No. 7225
Meeting Date: January 11, 2011
indicated on the site and landscape plans and shall be subject to the review
and approval of staff.
d The applicant shall verify. prior to the issuance of a Building Permlt. the exact
location of all applicable FPL transformers or vault rooms: such transformers
and vault rooms, and all other related devices and fixtures, shall not be
permitted within any required yard or any area fronting a street or sidewalk.
The location of any exterior transformers. and how they are screened with
landscape materia! from the right-of-way, shall be clearly indicated on the site
and landscape plans and shall be subject to the review and approval of staff.
e Prior to the issuance of a Certificate of Occupancy, the Landscape Architect
for the project architect shall verify, in writing, that the project is consistent
with the site and landscape plans approved by the Planning Department for
Building Permit.
3. The final exterior surface color scheme. including color samples, shall be subject to
the review and approval of staff and shall require a separate permit.
4. All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code (FAC).
5. The Final Order is not severable, and if any provision or condition hereof is held void
or unconstitutional in a final decision by a court of competent jurisdiction, the order
shalf be returned to the Board for reconsideration as to whether the order meets the
criteria for approval absent the stricken provision or condition, and/or lt is appropriate
to modify the remaining conditions or impose new conditions.
6. The conditions of approval herein are binding on the applicant, the property's
owners, operators, and all successors in interest and assigns.
7. Nothing in this order authorizes a violation of the City Code or other applicable law.
nor allows a relaxation of any requirement or standard set forth in the City Code.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact. the evidence, information.
testimony and materials presented at the public hearing. which are part of the record for this
matter, and the staff report and analysis. which are adopted herein. including the staff
recommendations, which were amended by the Board, that the Certificate of Appropriateness is
GRANTED for the above-referenced project subject to those certain conditions specified in
paragraph C of the Findings of Fact (Condition Nos. 1-7. inclusive) hereof, to which the
applicant has agreed.
PROVIDED, the applicant shall build substantially in accordance with the plans approved by the
Historic Preservation Board. as determined by staff, entitled "53'd Street Restroom Facilitt. as
prepared by C3TS Architects. Engineers, Planners. dated 10-28·2010.
When requesting a building permit, the plans submitted to the Building Department for permit
shall be consistent with the plans approved by the Board, modlfled in accordance with the
conditions set forth in this Order. No building permit may be issued unless and until a!l
conditions of approval that must be satisfied prior to permit issuance. as set forth in this Order.
have been met.
445
Page 4 of 4
HPB File No. 7225
Meeting Date: January 11, 2011
The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining a!l
other required MunicipaL County and/or State reviews and permits, Including final zoning
approval. If adequate handicapped access is not provided on the Board-approved ptans. this
approval does not mean that such handicapped access is not required. When requesting a
building permit, the plans submitted to the Building Department for permit shall be consistent
with the plans approved by the Board, modified in accordance with the conditions set forth in
this Order.
If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting
date at which the original Certificate of Appropriateness was granted, the Certificate of
Appropriateness will expire and become nun and void. If the Full Building Permit for the project
should expire for any reason (including but not limited to construction not commencing and
continuing, with required inspections, in accordance with the applicable Building Code), the
Certificate of Appropriateness will expire and become null and void.
In accordance with Section 118-561 of the City Code, the violation of any conditions and
safeguards that are a part of this Order shall be deemed a violation of the !and development
regulations of the City Code. Failure to comply with this Order shall subject the Certificate of
Appropriateness to Section 118-564, City Code. for revocation or modification of the Certificate
of Appropriateness,.
Dated this { t{ 'f); day of -:-J-{])J I) tf (Z,y , 20 \( .
HISTORiC PRESERVATipN BOARD
THE~ClTY OF fvllAMI 8~"\CH, FLC?81DA
i > ; ( I 1 '
\ ! \1 I I; i \ \ i\ (cr-/
By . '-..XI n· v·'·;' '· v " • ·. ·i ,.._ ~l "......_....,.. ·-\ J ,: r
THOMA'S -R MOONEY. AICP /
DESIGN AND PRESERVATION MANAGER
FOR THE CHAIR
STATE OF FLORIDA )
}SS
COUNTY OF MIAMI-DADE )
',,
The foregoing instrument was acknowledged before me this J '7 day of
._Lr!v-«.r:-t 20~ by Thomas R Mooney, Design and Preservation Manager.
Planning Department. City of Miami Beach, Florida, a Florida Municipal Corporation. on behalf
of the corporation. He is personally known to me,
Approved As To Form:
NOTARY PUBLIC
Miami-Dade County. Florida
M . . . 7 -? i7 _.., /\ li( y commiSS1on exp1res: > ~ ---~ -· · .
Lega! Department
j/-7 .L_? ~; r / ·· l r..:;LJC.A:_-;;.tl \.-..,. { . 1 '-( -J D I i
.J
Filed with the Cierk of the Historic Preservation Board on ' -f!f ~ ·:r-D ii
F:\PlAN\SHPB\11HPB\JanHPB11\7225·JAN201 '• .fo docx
446
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND OFFICIALLY
ADOPTING THE BASIS OF DESIGN REPORT (BOOR) FOR THE
COLLINS PARK GARAGE PROJECT (THE PROJECT).
WHEREAS, the Cultural Arts Neighborhood District (CANDO) is an area that is in need
of parking for the visitors and residents of the City of Miami Beach;
WHEREAS, in order to serve this need, the City is proposing to build a five {5) level
parking garage;
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 Uberty 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, 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; 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 Administration recommends that the Commission approve and officially
adopt the BOOR for the Collins Park Garage Project; and
WHEREAS, the Administration will be able to proceed with the design development,
construction documents, bidding and award, and construction phases of the Project with this
approval.
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
Commlssion hereby approve and officially adopt the Basis of Design Report (BODR) for the
Collins Park Garage Project.
T:\AGENDA\2013\January 16\Collins Park Garage-BODR Approvai\Comns Park Garage-BOOR Approval· Reso.doc
447
PASSED AND ADOPTED this 161h day of January, 2013.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
I
(
T:\AGENDA\2013\January 16\Comns Park Garage· BODR Approvai\Collins Park Garage. BODR Approval· Reso.doc
448
COMMISSION lfEM SUMMARY
Condensed Title·
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The
Mayor And City Clerk To Execute A Guaranteed Maximum Price (GMP) Amendment No.1, To The Pre-Construction
Services Agreement With Thornton Construction Company, Inc., For The Construction Of The 61n and 53'd Street
Restrooms Project, In The Amount Of $1.225,197, Plus An Owner's Contingency In The Amount Of $110,268, For A
Total Of $1,335,465; With Previously Appropriated Funding In The Amount Of $568,439 From SP Post RDA CDT and
Municipal Resort Tax Fund 388, $101,172 from SB Quality of life Resort Tax Fund 305, And $665,854 From Capital
Projects Not Financed By Bonds Fund 301.
Key Intended Outcome Supported:
Ensure well maintained facilities; ensure safety and appearance of building structures and sites; ensure quality and
timely de live~ of caeital erojects.
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over
87% and 83% of City residents and businesses respectively, rated the appearance and maintenance of public buildings
as excellent or good; and over 81% of residents rated recently completed capital improvement projects as excellent or
good.
Issue:
j Shall the Mayor and City Commission adopt the Resolution?
Item Summary/Recommendation:
The scope of work for this project consists of the demolition of the existing restroom facility located at Lummus Park at
599 Ocean Drive (6th Street Restrooms), and construction of a new 1,500 SF facility; and the demolition of the existing
restroom facility and Ocean Rescue office (53rd Street Restrooms), located at 53rd Street and Collins Avenue, and
construction of a new 864 SF restroom facility and 546 SF office for the Ocean Rescue Department
On October 19, 2011, the Mayor and City Commission adopted Resolution No. 2011-27762 accepting the
recommendation of the City Manager, pursuant to Request For Qualifications (RFQ) No. 40-10/11, for a Construction
Manager at Risk firm to provide pre-construction services and construction phase services via a Guaranteed Maximum
Price (GMP) amendment for the 6th and 53rd Street Restrooms Project; and authorizing the administration to enter into
negotiations with the top-ranked finn, Thornton Construction Company, Inc. {Thornton}; and further authorizing the
Mayor and City Clerk to execute an Agreement for Pre-Construction Services. The Agreement for Pre-Construction
Services was executed on January 13, 2012, in the amount of $23,000.
On Apri128, 2012, Thornton submitted the first draft of the GMP proposal for review by the City and C3TS, in the amount
of $1,250,921 (excluding the cost associated with the temporary trailer required to house the Ocean Rescue Dept during
the construction period, as requested by the Fire Department). Following negotiations, and evaluation of value-
engineering options, Thornton submitted the final negotiated GMP in the amount of $1,200,493 ($614,322 for 6th Street
Restrooms and $586,171 for 53rd Street Restrooms). plus $24,704 for the cost associated with the trailer totaling
$1,225,197, p!us a 9% owner's contingency in the amount of $110,268, for a total project cost of $1,335,465. It is
important to note that Thornton obtained competitive bids from sub-contractors in order to reach the best possible GMP.
The Schedule of Values per discipline is included as Attachment A.
In order to obtain further assurance that the best value for this project had been negotiated. the City also contracted
Atkins of North America (Atkins) to perform an independent construction cost estimate (Attachment B). Atkins' estimated
construction cost of this project is $1,269,100. This estimate does not include the cost associated with the Ocean
Rescue trailer in the amount of $24,704, or a 9% owner's contingency. With the inclusion of these items, Atkins' total
project estimate would be $1,410,246, which is $74,781 higher than the contractor's proposed contract value.
The Administration is of the opinion that the final GMP is competitive, fair and a reasonable price for the construction of
the 6th and 53rd Street Restrooms Project
THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS RESOLUTION.
Adv~~ryBoardR~e~co~m~m~e~n~d~a~ti~o~n~:~-----------------~--------------------------------------.
@ ·--------~-~-----~--------Financiallnformation·
Source of
Funds:
Amount! ·-Account
~~~~,~~~----~~~--~~------·----4 1 $513,867 i 388-2680-069357 SP Post RDA CDT & Mun. Resort Tax
2 $ 54,572 . 388-2680-000356 SP Post RDA CDT & Mun. Resort T::::.:ax"--------1
~---~~--· 3 $101,172 305-2680-069357 SB Quality of Life Resort ~a.~x_F_u_n_d _____ ---t
,...., 1 4 $610,875 301-26,!9-069357 Cap. Projects Not Financed by Bonds
IL\ \ V . t 5 d 54,979 301-2679-000356 Cap. Projects Not Financed by B_onds
JJJ Y\ 1/ r1 · t----=--' r·od~f t ·J I Totall $1,335,465
Financial Impact Summary:
MIAMI BEACH 449
AGENDA ITEM ~{:1-.:.'J_,E=.~ _
DATE /-J(;r£3
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City CoQtmission
/,/
Kathie G. Brooks. Interim City Manage~~ r ·
January 16, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GUARANTEED MAXIMUM
PRICE (GMP) AMENDMENT NO. 1, TO THE PRE-CONSTRUCTION
SERVICES AGREEMENT WITH THORNTON CONSTRUCTION
COMPANY, INC., FOR THE CONSTRUCTION OF THE 6TH AND 53RD
STREET RESTROOM$ PROJECT, IN THE AMOUNT OF $1,225,197, PLUS
AN OWNER'S PROJECT CONTINGENCY OF $110,268, FOR A TOTAL OF
$1,335,465; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE
AMOUNT OF $568,439 FROM SP POST RDA COT AND MUNICIPAL
RESORT TAX FUND 388,$101,172 FROM SB QUALITY OF LIFE RESORT
TAX FUND 305, $665,854 FROM CAPITAL PROJECTS NOT FINANCED
BY BONDS FUND 301.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Ensure a qualtty, well constructed capital project; ensure well maintained facilities;
ensure safety and appearance of building structures and sites; ensure quality and
timely delivery of capital projects.
FUNDING
Funding in the total amount of $1,335,465, has been previously appropriated as follows:
:-~ttl §ir~~f:r~~~i~~9rii~ .. -<'"Yi_t.tJ. <>W:ri~r·~:~~ij~inii~ri-~:YI ········ : .
!_§PE9l:>tBI:?!\CDT and Mun. ~~-~()_f!T§!~Fund 388 . T$.568;439!
[ .§!? .. Qu_?l!~xgf~if~B~~2'1I~?<.F.IJf1~ ~Qf> ..... ·······m············ ____ ...•... lffij()}.jf?-1
i i$f)6~,6J 1 i
! ~~-i~-~!r_~~!R~~~r~<>lil~t~i!h ~~il~!'~:~c,n.·~~n.9~il~Yi ~
! ... 9G1Pit91 J=>rqJ~ct~r~t E!'!<:ln<::E39~Y 1?9n.c:l~.FIJ.!1.c:l?()1 .. . •••.• ll$$~.-~§4]
ANALYSIS
The scope of work for this project consists of the demolition of the existing restroom facility
located at Lummus Park at 599 Ocean Drive (6th Street Restrooms}, and construction of a new
1 ,500 SF facility. The work also includes the demolition of the existing restroom facility and
Ocean Rescue office located at 53rd Street and Collins Avenue (53rd Street Restrooms), and
construction of a new 864 SF restroom facility and 546 SF office for the Ocean Rescue
Department. for a total of 1 ,410 SF.
On July 13, 2011, the City Commission approved the issuance of an RFQ for a Construction
Manager at Risk Firm to Provide Pre-Construction Services and Construction Phase Services
via a Guaranteed Maximum Price (GMP) Amendment for the 6th Street and 53rd Street
450
Commission Memorandum -ffh and 53'4 Street Restrooms GMP
January 16, 2013
Page 2 of4
Restroom Projects. RFQ No. 40-10/11 was issued on July 18, 2011.
On October 19, 2011, the Mayor and City Commission adopted Resolution No. 2011-27762
accepting the recommendation of the City Manager, pursuant to Request For Qualifications
{RFQ) No. 40-10/11, for a Construction Manager at Risk firm to provide pre-construction
services and construction phase services via a Guaranteed Maximum Price (GMP) amendment
for the 61h and 53ra Street Restrooms Project; and authorizing the administration to enter into
negotiations with the top-ranked firm, Thornton Construction Company, Inc. (Thornton); and
further authorizing the Mayor and City Clerk to execute an Agreement for Pre-Construction
Services.
The Agreement for Pre-Construction Services was executed on January 13, 2012, in the
amount of $23,000.
On April 9, 2012, Thornton held a bid opening which was attended by representatives of the City
and the Architect of Record -Corzo Castello Carballo Thompson Salman (C3TS).
Subcontractors submitted sealed bids which were opened by Thornton in the presence of the
City and C3TS.
On April 28, 2012, Thornton submitted the first draft of the GMP proposal for review by the City
and C3TS, in the amount of $1,250,921 (excluding the cost associated with the temporary trailer
required to house the Ocean Rescue Dept during the construction period, as requested by the
Fire Department). Following negotiations, and evaluation of value-engineering options, Thornton
submitted the final negotiated GMP in the amount of $1,200,493 ($614,322 for 6th Street
Restrooms and $586,171 for 53rd Street Restrooms ), plus $24,704 for the cost associated with
the trailer totaling $1,225,197, plus a 9% owner's contingency in the amount of $110,268, for a
total project cost of $1,335,465. It is important to note that Thornton obtained competitive bids
from sub-contractors in order to reach the best possible GMP. The Schedule of Values per
discipline is included as Attachment A.
In order to obtain further assurance that the best value for this project had been negotiated, the
City contracted Atkins of North America (Atkins) to perform an independent estimate of probable
construction costs (Attachment B). Atkins' estimated construction cost for the 61h Street
Restrooms was $663,500, and $605,600 for 53rd Street Restrooms, for a total of $1,269,100 for
both projects. This estimate does not include the cost associated with the Ocean Rescue trailer
in the amount of $24,704, or a 9% owner's contingency. With the inclusion of these items,
Atkins' total project estimate would be $1,410,246, which is $74,781 higher than the contractor's
proposed contract value.
IMPROVEMENTS TO THE DESIGN OF FUTURE RESTROOM FACILITIES
As a result of a post occupancy evaluation of the existing restroom facilities (which indicated
signs of corrosion, vandalism and poor maintenance), and in coordination with Property
Management Division, a variety of improvements and enhancements have been considered and
incorporated as part of this project. They are as follows:
• High performance primer and paint specific for high salinity environment for interior and
exterior walls, as well as for galvanized steel doors;
• Door closers with aluminum covers and finished with rust inhibiting paint to prevent
corrosion;
• Seamless epoxy flooring in Heu of ceramic tile flooring for better maintenance, since this
system has no grout lines;
451
Commission Memorandum -6th and 53'd Street Restrooms GMP
January 16, 2013
Page 3 of4
• Impact and corrosion resistant restroom accessories, made of impact resistant polymer
plastic in lieu of stainless steel, since stainless steel stains in a corrosive environment if
not properly maintained;
• Frameless mirrors which prevents moisture from sitting in the frame & staining the
mirror;
• Enameled cast iron sinks, which are more vandal resistant than vitreous china sinks;
• Toilet partitions made of graffiti, scratch and impact resistant reinforced composite
panels, with stainless steel and vandal resistant hardware;
The above referenced materials are considered to be of a higher quality, which will withstand
the impact created by the environment and vandalism, and reduce maintenance and
replacement costs.
Additionally, this project includes a number of sustainable practices in accordance with the
City's intent to provide for more green buildings, which add also value and a cost premium to
this Project To list a few:
• Low solar reflective index (SRI) value for roofing material
• Low volatile-organic-compound {VOC) paint
• Low emitting materials for paints and sealants
• USGBC Certified epoxy flooring
• Green Squared Certified porcelain tile
• Green Spec approved hand dryer -more energy efficient /less waste
• Recycled content stainless steel mirror
• LEED compliant toilet partitions
• Water efficient plumbing fixtures
• High level recycled content toilet partitions
• AU new planting materials are Natives and Xeriscape
• 50% of construction waste will be diverted from dumpster to recycling facility
A cost per square footage comparison of these restrooms over previously constructed
comparable restrooms is provided below for reference:
Location 21St 53 St 6 St
Bid ear 2004 2012 2012
Square footage 1152 1410 1600
Construction Cost (incl. sitework) $ 465,469 $ $
!*Construction escalation cost $ 111,713 $ 124,734 $
2012 construction cost incl. sitework $ 577 182 $ 586 171** 644461 $ 614 322
Cost/SF $ 501.03 $ 415.72 402.79 $ 383.95
*Average increase of 3% per year based on CPI index.
**Scope of work for 53rd Street Restrooms includes an added 550sf building to house an office for Ocean
Rescue Dept.
The Administration is of the opinion that the final GMP is competitive, fair and a reasonable
price for the construction of the 6th and 53rd Street Restrooms Project, and falls well within
competitive prices of today's markets given site constraints, the amenities added for better
maintenance and durability, as well as premiums relative to building a more sustainable and
greener facility.
Upon City Commission's approval of the GMP, and as contemplated in any GMP
452
Commission Memorandum -6t1t and 5:fd Street Restrooms GMP
January 16, 2013
Page 4 of4
Amendment(s), Thornton will deliver aU of the Construction Services required to complete the
work in strict accordance with the Contract Documents, and has committed to deliver the Project
to the City at or below the GMP and within the Contract time.
The anticipated Project Schedule for the construction of the 61h and 53rd Street Restrooms
Project ls as follows:
• Commission GMP Awarded: January 16, 2013
• Notice to Proceed Number One: March 2013
• Notice to Proceed Number Two: April 2013
• Construction Start: April 2013
• Construction Completion: November 2013
CONCLUSION
The Administration recommends approval of the attached Resolution, authorizing the Mayor and
City Clerk to execute a Guaranteed Maximum Price (GMP) Amendment No.1 to the Pre-
Construction Services Agreement with Thornton Construction Company, Inc., for 61h and 53rct
Street Restrooms Project, in the amount of $1 ,225,197, plus an owner's contingency in the
amount of $110,268, for a project total of $1 ,335,465; with previously appropriated funding in
the amount of $568,439 from SP Post RDA COT and Municipal Resort Tax Fund 388, $101,172
from SB Quality of Life Resort Tax Fund 305, and $665,854 from Capital Projects not Financed
by Bonds Fund 301.
KB\JGG\FV\DM
Attachments:
A-Schedule of Values by Discipline & B -Independent Estimate of Probable Costs prepared by Atkins
453
Attachment A
-• I'Ttw-IORNTON
Projilct Name:
City of Miami B&ach-6th & 53rd Street Rostrooms
oate: October 25,2012
ITEM No. BUILDING TRADES 5JRD sr 5THST VALUE PROPOSED SUBCONTRACTOR
1 G~oNERAL CONDITIONS 55,930 58,284 $ 114,2~4 lhomtcm Wt~~IJuct!On Co,
2 DEMOLITION! AS9ESTOS ABATEMENT 11.460 11,515 $ 22,995 Berg Oemo!obon
3 CONCRETE 78.£65 10<1,:!88 $ 187,053 Shelictetc
LIGHT WEIGHT INSULA TED CONCRETE 4,900 NIA s 4.900 OonWorks
MISC. CARPENTRY 8,4£:0 6.237 14.$87 Thomlon C<Jnstructton Go,
G CABINETRY s 1,23(; N!A 1,235 Mic-,.aCraft
7 ROOFING $ 15,002 16.533 3~,535 Bob Hilson Roofinl)
8 W.P. & CAULKING 1,400 $ 1,2(){) 2.800 T~1rnton ConstruclJon Co.
DOORS, FRAMES. HOW. $ 13,500 s iC,57$ 24.075 lotsr.Jech Co. of Florida
10 STOR!<FRONTIGLAZiNG $ 3,800 s 13.280 \1,000 J & o Glazing
11 STUCCO ! SKIM COAT PLAST!;'R $ 19,45() 18,760 38.2~10 Gold Coa~;t Pmsterw.g
12 D>l.YWALl $ 9,050 N/A 9,060 Come."S.Ione Ccontracfing
13 ACOUSTiCAL CEILING H2il N!A 6<0 All &~mre Acoustics.
14 FLOORI~G (STONEIT!LE) 31,705 5:t,30Z s 85.()07 Proffeslonal F!oor~r.g Contractors
15 EPOXY FLOORiNG 7.418 15.0% s 22.484 -DuraOOnd
16 PAINT!NGtVWC 5,971 $ 7,086 $ 13,0()7 Xpress Palnl!ng
17 lOUVERS 8.105 s 4,681 $ 12.786 Alraate
1S SPECIALTIES 18,116 19.131 37,547 Speciattres So11rt€
20 PUJMBING 35.450 41,000 $ 76.4!\D Certetline Plu:~ng
21 HVAC 12.000 6,300 $ 19.100 Apex
19 ELECTRICAL 51.575 38.402 s 89.977 Hi· Tech Elec{liGal
BUilDING TRADES SUBTOTAl 394.932 429,760 824.692 262.06/SH
G.C.FEE@ 7.0Vi! s 27,645 30.083 s 51,728
PI\ YMENT & PER•ORMANCE BOND@ 1.5% 5,924 s 6.446 $ 12.370
GENE:RAL LiABILITY INSURANCE J:J% 4.937 $ 5.377 $ ~0.309
GUARANTEE MAXIMUM PRJCE BUILDINGS $ 433,437 $ 471,661 $ 905,099 237.61 ISFT
ITEM No. S!TEWORK TRADES 5JRD ST 6THST VALUE PROPOS!lO SUBCONTRACTOR
GENERAL CONDITIONS 23,970 $ 24.979 48.949 n~omton Construction Co.
GENERAL REQUIREMENTS z.eao s 2,665 5,:'170 Thornton Constn..tt.."1"1CH~ C¢,
M.AINTENANCE OF TRAfFIC 12,3BC $ tZ.35G 2<1,700 Tt'.omtnn Coo$lructlon Co,
SlTEWORK $ 65.238 !".4.409 119,647 Mig:oet Ll)pez Jc, Jrn:;
5 SiTE FURN ;sH:NGS s 84' -S41 $ 1.6(12 Schedtt!e 10
e LANDSCAPiNG & IRRIGATION 14,156 32,425 s 46,58', AQtlal!c Landscaping Cesign
ELECTRiCAL 19,925 $ 2.298 s 22,2'23 ki· T cc:h Eiectncal
SITE WORK TRADES SUBTOTAL 139,165 129.987 269,152
G.C FEE@ 7,0% 9,742 9,009 18.841
PAYMENT & PERFORMANCE' BONO@ 1..5% 2.087 1,9:50 4.037
GENERAl LiABILITY INSURANCE 1,3"'/e 1.740 1.625 s 3,364
GUARANTEE MAXIMUM PRICE SITE WORK $ 152,733 $ 142,661 $ 295,394
ITEM No. ALLOWANCES 53RD ST 6THST VALUE
AltOWA ... CE FOR OCEAN Rt:SCUE TRAiLER 24.704 24.704
GUARANIEE MAXIMUM PRICE TRAILER $ 24,7()4 $ 24,704
GUARANTEE MAXIMUM PRICE TOTAL $ 610,875 $ 614,322 $ 1,225,197
OWNER'S CONTINGENCY OF APPRO X. 9% $ 54,979 $ 55,289 $ 110,266
PROJECT TOTAL $ 665 854 $ 669,611 $ 1 335 465
C:\Oocuments and SeUings\ptltUey\De.sktop\GMP ~ Presenta~ion\GMP EST!MATE-Copy l<.ls Pagn 1 of 1
454
ATTACHMENT B
City of Miami Beach
53rd St. & Collins and 6th St. & Ocean Drive
New Restroom Facilities
100% Construction Documents Estimate
Summary· 53rd St & Collins Ave.
01 Genera! Conditions
02 General Requirements
03 Demolition/ Asbestos Abatement
03a Maintenance Of Traffic (MOT)
04 Sitework
05 Site Furnishings
06 landscaping & Irrigation
07 Concrete (lncld. Masonry & Metals)
08 lightweight Insulated Concrete
09 Misc. Carpentry
10 Cabinetry
11 Roofing
12 W.P. & Caulking
13 Doors, Frames, Hardware
14 Storefront/Glazing
15 Stucco/Skim Coat Plaster
16 Drywall
16a Wall Finishes {Tile, Misc.}
17 Acoustical Ceiling
18 Flooring (Stone/Tile)
19 Epoxy Flooring
20 Painting/VWC
21 Louvers
22 Specialties
23 Plumbing
24 HVAC
25 Electrical
Subtotal Construction Costs
Overhead & Profit
Bonds & Insurance
TOTAL Construction Costs
455
53rd St. and Coffins Ave., New Restroom Facility
November 13, 2012
$ 59,254
$ 3,500
$ 24,200
$ 12,449
$ 85J39
N/A
$ 16,300
$ 99,185
$ 3,428
$ 7,140
$ 3,200
$ 14,265
$ 3,695
$ 18,560
$ 4,328
$ 17,531
$ 7,068
N/A
$ 699
$ 1.9,282
$ 5,490
$ 2,619
$ 8,818
$ 26,775
$ 52,586
$ 11,375
$ 45,546
$ 553,031
6.5% $ 35,947
3% $ 16,591
$ 605,569
See Deductive Alternates next page
ATKINS
City of Miami Beach
53rd St. & Collins and 6th St. & Ocean Drive
New Restroom Facilities
100% Construction Documents Estimate
Summary -6th St & Ocean Drive
01 General Conditions
02 General Requirements
03 Demolition/ Asbestos Abatement
03a Maintenance Of Traffic (MOT)
04 Sitework
05 Site Furnishings
06 landscaping & Irrigation
07 Concrete (lndd. Masonry & Metals}
08 lightweight Insulated Concrete
09 Misc. Carpentry
10 Cabinetry
11 Roofing
12 W.P. & Caulking
13 Doors, Frames, Hardware
14 Storefront/Glazing
15 Stucco/Skim Coat Plaster
16 Drywall
16a Wall Finishes (Tile, Limestone Cladding, Misc.)
17 Acoustical Ceiling
18 Flooring {Stone/Tile}
19 Epoxy Flooring
20 Paintlng/VWC
21 Louvers
22 Specialties
23 Plumbing
24 HVAC
25 Electrical
Subtotal Construction Costs
Overhead & Profit
Bonds & Insurance
TOTAl Construction Costs
456
53rd St. and Collin:; Ave., New Restroom Facility
November 13, 2012
$ 64,920
$ 3,000
$ 11,060
$ 8,951
$ 56/549
$ 1,000
$ 22,148
$ 120,389
N/A
$ 1,500
N/A
$ 33,189
$ 4,639
$ 16,038
$ 21,939
$ 17,738
N/A
N/A
N/A
s 68,045
$ 13,230
$ 13,644
$ 5,010
$ 22,390
$ 55_497
$ 8,300
$ 36,743
$ 605,917
6.5% $ 39,385
3% $ 18,177
$ 663,479
See Deductive Alternates next page
J\TKII'JS
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GUARANTEED MAXIMUM
PRICE {GMP) AMENDMENT NO. 1, TO THE PRE-CONSTRUCTION
SERVICES AGREEMENT WITH THORNTON CONSTRUCTION
COMPANY, INC., FOR THE CONSTRUCTION Of THE 6TH AND 53RD
STREET RESTROOMS PROJECT, IN THE AMOUNT Of $1,225,197, PLUS
AN OWNER'S PROJECT CONTINGENCY Of $110,268, FOR A TOTAL OF
$1,335,465; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE
AMOUNT OF $568,439 FROM SP POST RDA COT AND MUNICIPAL
RESORT TAX FUND 388,$101,172 FROM SB QUALITY Of LIFE RESORT
TAX FUND 305, $665,854 FROM CAPITAL PROJECTS NOT FINANCED
BY BONDS FUND 301.
WHEREAS, on July 13, 2011, the City Commission approved the issuance of a
Request for Qualifications (RFQ) No. 2011-27762 for a Construction Manager at Risk Firm
to Provide Pre-Construction Services and Construction Phase Services via a Guaranteed
Maximum Price (GMP) Amendment for the 6th Street and 53rd Street Restrooms Project
(the Project); and
WHEREAS, the scope of work for this project consists of the demolition of the
existing restroom facility located at Lummus Park at 599 Ocean Drive (6th Street
Restrooms), and construction of a new 1,500 SF facility; and demolition of the existing
restroom facility and Ocean Rescue office (53rd Street Restrooms), located at 53rd Street
and Collins Avenue, and construction of a new 864 SF restroom facility and 546 SF office for
the Ocean Rescue Department; and
WHEREAS, on October 19, 2011, the Mayor and City Commission adopted
Resolution No. 2011-27762, accepting the recommendation of the City Manager, pursuant to
RFQ No. 40-1 0/11 , and authorizing the Administration to enter into negotiations with the top-
ranked firm, Thornton Construction Company, Inc. (Thornton); and further authorizing the
Mayor and City Clerk to execute a Pre-Construction Services Agreement; and
WHEREAS, the Pre-Construction Services Agreement was executed on January 13,
2012, in the amount of $23,000; and
WHEREAS, the City Administration and Thornton have negotiated a GMP, in the
amount of $1,225,197 and, accordingly, the City Manager requests that the Mayor and City
Commission accept and approve the GMP, plus an owner's contingency in the amount of
$110,268, and authorize the Manager and City Clerk to execute the GMP Amendment No. 1
to the Pre Construction Services Agreement, in the aforestated amount.
457
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve the Guaranteed Maximum Price (GMP) Amendment no. 1, to the Pre-Construction
Services Agreement with Thornton Construction Company, Inc., for the construction of the
6th and 53rd street restrooms project; said amendment, in the amount of $1,225,197, plus an
owner's project contingency of $110,268, for a total of $1 ,335,465; with previously
appropriated funding in the amount of $568,439 from SP Post RDA COT and Municipal
Resort Tax Fund 388, $101,172 from SB Quality of life Resort Tax Fund 305, and $665,854
from Capital Projects not Financed by Bonds Fund 301.
PASSED AND ADOPTED THIS ___ DAY OF ______ 2013.
ATTEST:
Rafael Granado, CITY CLERK Matti Herrera Bower, MAYOR
KB\JGG\FV\DM
T:\AGENDA\2013\January 16\6 and 53rd St Restrooms-Thornton GMP Amendment 1\6t!1 and 53rd St Restrooms-Thornton-
GMP Amendment 1-RESO.doc
458
JOSE SMITHr CITY AITORNEY
OFFICE OF THE CITY AITORNEY COMMISSION MEMORANDUM
TO:
CC:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower
Members of the City Commission
Kathie Brooks, lnteri72C. -~.ty anager /.a· / I } / A
Jose Smith, Cit(~o't'-P; , Y)<;: / / /L/
January 16, 2013 · ··
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. This Resolution should be considered in
conjunction with Agenda Item R58.
JS/DT/mmd
F:\A TTO\SM!J\COMM!SSION MEMOS\Commission memo regarding resolution accepting recommendation of FCWPC
re-salary ordinance for CM and CA.docx
Agenda Item R 7 F ·----
Date 1-/b--13
459
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 1 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
ATTEST:
Rafael Granado, City Clerk
Matti Herrera Bower
Mayor
APPROVED .AS TO
FOHM 8;, L./\i.JC:UJ.\CE
F:\ATTO\TURN\RESOS\Accepting Recommendation of Finance and Citywide Projects Committee Salary Or&npreHlt:XECUl"lON
460
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 GRADESf SALARIES AND CLASSIFICATIONS
A. Salary Grades and Ranges
Determined~
Gemm+ssioA
MAXIMYM
BIVVEEKh¥
GetermineEi by-the City
CommissfeR-
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 Attorne~
*26 CITY MANAGER BASE SALARY/RANGE $162,916.00 to $263, 126.00/yr
461
*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 Charte..r...
the City Commission may by Resolution approve an emQioyment agreement with, resoectively. the City
Manager and City Attorney, providing for such further terms and conditions including, without limitatior.:.l
such other additional benefits as the City Commission may deem in the best interest of the C\ty:.
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 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:
j -:2.-5-J)...
Rafael E. Granado, City Clerk Date
F:\ATTO\SMlJ\ORDrNANCES:\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEY Option B (Finance Cmnmittee).tiocx
2
462
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving the City's 2013 Legislative Agenda.
Key Intended Outcome Supported:
Supports Multiple K.LO's
~---~~~--~,----~~------~------~--------------------------·-~-Supporting Data (Surveys, Environmental Scan, etc.}:
The quality of the beaches appears as one of the most important areas affecting quality
of life. More recreational opportunities are ranked as one of the changes that will make
Miami Beach a better place to live. Storm drainage catch basins cleaning citywide;
Improving infrastructure was listed number 5 in important safety areas for the City to
address.
Item Summary/Recommendation:
Each year, the Mayor and City Commission adopt a list of legislative priorities for the annual
session of the State Legislature.
Critical Legislative Priorities include:
• Beach Renourishment
• Sea Level Rise
• Oppose the Business Tax Receipt Repeal
• Oppose public funding for Dolphin Stadium
Additional Priorities include:
• Convention Center Expansion
• Election, Pension, & Windstorm Insurance Reforms
• Red Light Camera proposed repeal
• Destination Resorts
• Synthetic Drugs
• T exting and Driving
• Online Sales Taxes
It is recommended that the Mayor and Commission approve the 2012 State Legislative
Agenda.
Advisory Board Recommend ... a .... _ti_o_n_: -----~--------~---~-----. fN/A -_ .. _
L--------------------
Financiallnformation:
Source of Amount Account
Funds: 1 .
G£l 2
3 _ _j -· OBPI TotaJ I
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
! Kevin Crowder I Max_ Sklar-City Manager's._O_ff_lc_e ____ ~-------~-------'
MIAMI BEACH 463
KGB
AGENDA ITEM
DATE
R7G--
1·-t&··-g
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, M!omi Beach, Florida 33139, www.m1omibeochA.gov
COMMISSION MEMORANDUM
FROM:
Mayor Matti H. Bower and Members of the City Cl-sion
Kathie G. Brooks, Interim City Managerla?/.A ' f.t ;
January 16, 2013 ·
TO:
DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE CITY'S STATE LEGISLATIVE
AGENDA FOR THE 2013 SESSION OF THE FLORIDA LEGISLATURE.
Administration Recommendation
Adopt the Resolution
Background
Each year, the Mayor and City Commission adopt a list of legislative priorities for the annual
session of the State Legislature. The 2012 legislative session is scheduled to begin on
March 8, 2013.
Below is the proposed 2013 State Legislative Agenda for consideration and approval.
CRITICAL LEGISLATIVE PRIORITIES
Beach Renourishment
The City urges the Legislature to fully fund the State's share of beach renourishment funding
at $30 million. Additionally, the City supports efforts by the Florida Department of
Environmental Protection to work with the US Army Corps of Engineers to address the
critical issue of identifying long-term sand sources for the renourishment of Florida's
beaches.
Sea Level Rise
The City of Miami Beach urges the state to prioritize funding and programs to address sea
level rise.
Business Tax Receipts
The City of Miami Beach opposes the elimination of the Business Tax Receipt..
Stadium Funding
The City of Miami Beach opposes the expenditure of public funds for
renovations/improvements to Dolphin Stadium, especially the use of funding for which the
convention center project is eligible.
464
December 14, 2011 Commission Memorandum
State Legislative Agenda
Page 2 of4
LEGISLATIVE PRIORITIES
Miami Beach Convention Center & Conference Facility Expansion
Identify opportunities to create funding options (e.g. legislation, grants, budget
authorizations, etc.) to provide for future state support of significant convention center
projects. Fully support legislative changes and funding opportunities to fund enhancements,
expansion, and renovation of the Miami Beach Convention Center.
Election Reform
The City supports legislation returns to two full weeks of early voting.
Pension Reform
The City supports legislation that reforms local government pensions, in order to ensure the
long-term viability of retirement benefits.
Windstorm Insurance
The City supports legislation that reforms Citizens Insurance, to help ensure not only that
rate increases are minimal, but that policies that are taken out of Citizens are securely
underwritten.
Red Light Cameras
The City opposes legislation that repeals the authority of local governments to implement
traffic control devices (red light cameras).
Destination Resorts I Gaming Bills
The City opposes efforts that would lead to the expansion of gambling, and to require any
legislation to permit gambling to include a referendum requirement and limit the amount of
convention center space that may be included.
Synthetic Drugs
The City supports legislation that bans the marketing, possession, sale or manufacture of
bath salts containing dangerous synthetic drugs ..
Texting and Driving
The City supports legislation that either bans texting and driving, or that authorizes
municipalities to regulate and/or prohibit texting and driving within their jurisdiction.
Online Hotel Tax and Sales Tax Collections
The City supports amendments to Florida law to ensure a level playing field for Florida's
retailers and hotels by expressly providing that internet firms be required to pay sales taxes
on their goods and services, as is required of brick-and-mortar businesses. This will also
strengthen Florida's economy by helping retain tourist dollars in Florlda rather than being
removed from the State by the online companies.
AGENCY ISSUES
Florida Department of Environmental Protection
• Beach Renourishment -the City supports efforts by the Florida Department of
Environmental Protection to work with the US Army Corps of Engineers to address
the critical issue of identifying long-term sand sources for the renourishment of
Florida's beaches
Florida Department of Transportation
• Provide funding to the Florida Department of Transportation for the lnterstate-395
465
December 14, 2011 Commission Memorandum
State Legislative Agenda
Page 3 of4
expansion project in order to ensure the efficient movement of people and goods to
and from South Beach and the Port of Miami.
• Explore funding opportunities for an East-West transit connector between Miami
Beach and the mainland.
Florida Department of Economic Opportunity
• EB-5 Visas -the City urges the Department of Economic Opportunity (DEO)to
explore creation of a statewide regional center to encourage EB-5 investors for
economic development projects.
• Windstorm Insurance -the City urges the DEO to advocate for the creation of a
Federal Windstorm program.
Florida Building Commission
• Double Permit Fee -the City urges the Florida Building Commission to adopt an
amendment to the Florida Building Code giving municipalities authority to waive the
mandated double permit fee for work performed without a permit, subject to the
Building Official's discretion where equitable circumstances are presented.
BUDGET ISSUES
The City will advocate for full funding for Miami Beach-based organizations during the
budget process.
Identify and evaluate any potential sources of funding for water-related projects, including
stormwater, wastewater, sea-level rise and water delivery, including desalinization activities.
The City supports full funding of the State Film Incentive, workforce development, recreation,
cultural arts, historic preservation programs and housing programs.
The City encourages the state to issue bids for hybrid vehicles when procuring vehicles,
thereby leveraging buying power and creating a mechanism for local governments to also
purchase vehicles from the state contract
LEGISLATIVE POLICY STATEMENTS
LGBT Issues
The City supports pro-LGBT legislation and opposes legislation that is bad for the LGBT
community, including, but not limited to, issues such as gay marriage, adoption, bullying and
discrimination.
Local Revenue Restrictions
The City opposes legislation that usurps the home rule powers of municipal residents to self-
determine their form of government and the services provided.
Bottle and Can Deposit, Plastic Bags, Styrofoam
The City supports creation of a return deposit for bottles and cans, a statewide ban of
Styrofoam on the beaches, and local authority to regulate the distribution & use of prastic
bags by retailers.
Local Authority and Unfunded Mandates
Monitor legislative efforts to erode local control and authority, as well as efforts to pass
additional costs from the State down to local governments, and work with the League of
Cities to identify and reduce the number of unfunded mandates imposed on local
government by the State.
466
December 14, 2011 Commission Memorandum
State Legislative Agenda
Page 4 of4
Conclusion
The Administration recommends that the Mayor and City Commission adopt the resolution
approving the City's legislative agenda for the 2013 session of the Florida Legislature.
KGB/MAS/kc
C:\Users\CMGRCroK\Desktop\State Legislative Priorities Memo.doc
467
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
THE CITY'S STATE LEGISLATIVE AGENDA FOR THE 2013
SESSION OF THE FLORIDA LEGISLATURE.
WHEREAS, State legislation may need to be enacted to protect and enhance the
City's interests; and
WHEREAS, State legislation may be proposed which may negatively impact the
City; and
WHEREAS, the City must avail itself of all potential sources of funds; and
WHEREAS, it is imperative that the City's legislative consultant is aware of, and has
a list of, City priorities; and
WHEREAS, the City's numerous State-level needs have been assessed and
prioritized to produce the most effective use of its legislative team.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the State Legislative
Agenda for the 2013 Session of the Florida Legislature be approved, as more specifically
set forth in the attached Exhibit "A".
PASSED and ADOPTED this ____ day of . ___ ,2013.
Mayor
ATTEST:
City Clerk
C:,USERS\CMGRCROKIOESKTOPISTATE LEGISLATIVE PRIORITIES RESO.DOC
468
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, lnterim_9ltd; ..... ·an.~a~ge.0r··· r)J
Jose Smith, City A~l!lrnt,:', /:~~
January 16, 2013 l_ .. ___ .... · --·
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE UNITED
STATES CONGRESS TO BAN THE SALE AND POSSESSION OF
SEMI¥AUTOMATIC AND ASSAULT WEAPONS AND HIGH
CAPACITY AMMUNITION DEVICES AND MAGAZINES AND TO
CLOSE THE "GUN SHOW LOOPHOLE" NATIONWIDE AND, IN
ADDITION, URGING THE FLORIDA LEGISLATURE TO ACT
STATEWIDE TO REQUIRE PRIVATE SALES OF FIREARMS TO
INCLUDE A MANDATORY BACKGROUND CHECK OF A
PURCHASER OF A FIREARM REGARDLESS OF WHETHER THE
FIREARM VENDOR IS LICENSED OR NON¥LICENSED
PURSUANT TO FEDERAL OR STATE LAW.
Pursuant to the request of Vice-Mayor Michael Gongora, the above Resolution
urging the United States Congress and the Florida Legislature to enact various gun
control regulations is submitted to the City Commission for its consideration.
DT/sc
469
Agenda Item A 7 H
Date J-l" ·-l3
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE UNITED STATES
CONGRESS TO BAN THE SALE AND POSSESSION OF SEMI~
AUTOMATIC AND ASSAULT WEAPONS AND HIGH CAPACITY
AMMUNITION DEVICES AND MAGAZINES AND TO CLOSE THE
"GUN SHOW LOOPHOLE" NATIONWIDE; URGING THE FLORIDA
LEGISLATURE TO ACT STATEWIDE TO REQUIRE PRIVATE SALES
OF FIREARMS TO INCLUDE A MANDATORY BACKGROUND CHECK
OF A PURCHASER OF A FIREARM REGARDLESS OF WHETHER
THE FIREARM VENDOR IS LICENSED OR NON~LICENSED
PURSUANT TO FEDERAL OR STATE LAW; AND GIVING DIRECTION
TO THE CITY MANAGER WITH REGARD TO THE ENFORCEMENT OF
GUN LAWS WITHIN THE CITY.
WHEREAS, gun violence is a pervasive, national problem that is exacerbated by the
availability of semi-automatic and assault weapons at gun shows, flea markets, and other
organized events; and
WHEREAS, the drafters of the Second Amendment to the United States Constitution
never envisioned automatic or semi-automatic weapons when the right to bear arms was first
conceived; and
WHEREAS, one of the principal goals of the United States Constitution, as set forth in its
preamble, is "to insure domestic Tranquility"; and
WHEREAS, the United States Supreme Court has long upheld prohibitions and
restrictions on firearms possession that are consistent with the Second Amendment,
notwithstanding the fact that the Second Amendment protects an individual's right to possess a
firearm unconnected to service in a militia; and
WHEREAS, the proliferation of automatic and semi-automatic weapons, as well as high
capacity ammunition devices and magazines, presents a growing problem to law enforcement
and to this nation's domestic tranquility; and
WHEREAS, due to the detrimental and unnecessary presence of military assault
weapons in our day-to-day society, the United States Congress is urged to ban the sale and
possession of semi-automatic and assault weapons, as well as high capacity ammunition
devices and magazines; and
WHEREAS, approximately 33 states have no requirement that private sales of firearms
by a vendor without a federal firearm license (a "non-licensed vendor") include any kind of
background check of the purchaser, and such sales occur regularly at gun shows, flea markets,
and other events throughout the country, including in the State of Florida; and
470
WHEREAS, Florida has no uniform requirement for background checks when firearms
are purchased at gun shows or any other private sale where the vendor is a non-licensed
vendor of firearms; and
WHEREAS, over 5,000 gun shows are held annually across the United States, attracting
thousands of attendees per show and hundreds of Federal flrearms licensees and non-licensed
vendors; and
WHEREAS, gun shows, as well as flea markets and other organized events at which a
large number of firearms are offered for sale by federal firearms licensees and non-Hcensed
vendors, form a significant part of the national firearms market; and
WHEREAS, at gun shows, flea markets, and other organized events at which guns are
exhibited or offered for sale or exchange, criminals and others prohibited from owning firearms
obtain guns without background checks and frequently use guns, whose ownership cannot be
traced, to later commit crimes; and
WHEREAS, since the enactment of the Brady Handgun Violence Prevention Act (Public
Law 103-59; 107 Stat. 1536) in 1993, over 100,000,000 background checks have been
performed by federal firearms licensees, denying guns to more than 1 ,600,000 illegal buyers;
and
WHEREAS, non-llcensed vendors at gun shows, flea markets, and other organized
events are not required to perform background checks, thereby allowing potentially prohibited
persons to avoid background checks in order to purchase firearms; and
WHEREAS, the United States Congress has the power, under the Interstate Commerce
Clause and other provisions of the Constitution of the United States, to require background
checks to ensure that criminals and other prohibited persons do not obtain firearms at gun
shows, flea markets, and other organized events in order to close the "Gun Show Loophole";
and
WHEREAS, the Florida Legislature has the authority to require, by statute, that any non-
licensed vendors be required to conduct the same background check of the purchaser as
currently required for licensed vendors; and
WHEREAS, the Florida Legislature is also urged to pass legislation closing the "Gun
Show Loophole" by requiring background checks for purchasers of firearms regardless of
whether the seller is a licensed or non-licensed vendor of firearms; and
WHEREAS, the City Clerk is directed to transmit a certified copy of this Resolution to the
members of the Miami-Dade County Congressional Delegation, Governor Rick Scott, the
Florida Senate President, the Florida House Speaker, the Chair and Members of the Miami-
Dade State Legislative Delegation, and to the United States Senate President and the Speaker
of the House of Representatives, as well as to the City of Miami Beach's lobbyists in
Washington. D.C.; and
WHEREAS, in order to address concerns relative to illegal weapons within the City of
471
Miami Beach, the City Manager, working closely with the Chief of Police and other relevant City
Departments, shaH take active steps to ensure that visitors coming to Miami Beach on major
event periods do not bring illegal guns into the City. Furthermore, the City Manager shall work
closely with the State Attorney's Office for South Florida to prosecute gun owners deemed
prosecutable by the Miami Beach Chief of Police and shall publish records showing the number
of arrests made for carrying illegal weapons in the City and the final legal disposition of each
case.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the United States Congress is
hereby urged to ban the sale and possession of semi-automatic and assault weapons and high
capacity ammunition devices and magazines, and to pass legislation closing the "Gun Show
Loophole" nationwide; that the Florida Legislature is hereby urged to pass statewide legislation
requiring background checks for purchasers of firearms at gun shows, flea markets, and other
organized events, regardless of whether the seller is a licensed or non-licensed vendor of
firearms; and direction is hereby given to the City Manager with regard to the enforcement of
gun laws within the City as set forth herein.
PASSED and ADOPTED this ___ day of January, 2013.
ATTEST:
Rafael E. Granado, City Clerk
Matti Herrera Bower,
Mayor
F:\A TTO\TURN\RESOS\Gun Show Loophole and Sale and Possession of Seml Automatic and Assault Weapons.docx
472
OFFICE OF THE CITY An'ORNEY
JOSE SMITH, CITY An'ORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
INTERIM CITY MAN?!\.GER KATH ·)BROOKS
JOSE SMITH 0·. i~J J ~::~~-· CITY ATTORN /.V // /
,/
JANUARY 16, 2o1a·-~.-_./-<·"
SUBJECT: A RESOLUTION ESTABLISHING PROCEDURES FOR CALLING SPECIAL
MEETINGS OF THE CITY COMMISSION BY A MAJORITY OF THE
MEMBERS OF THE CITY COMMISSION PURSUANT TO SECTION 2.04 OF
THE MIAMI BEACH CHARTER.
In the Special Election held on August 14, 2012, a ballot question was approved
by the electorate of the City of Miami Beach which amended Section 2.04 of City of
Miami Beach Charter to provide for an additional method of calling a special meeting of
the City Commission by a majority of the members of the City Commission.
At the City Commission meeting on October 24, 2012, the Resolution attached
as Mayor Matti Herrera Bower's version was referred to the Neighborhoods/Community
Affairs Committee. Pursuant to its meeting of December 17, 2012, the Neighborhood/
Community Affairs Committee. recommended that language requiring special meetings
be called only for emergency matters be omitted from the Resolution. Therefore, a
second version of the Resolution is submitted reflecting the proposed language of the
Neighborhood/Community Affairs Committee.
Both proposed Resolutions are submitted for consideration by the Mayor and
City Commission.
JS/DT/mem
F:\ATTO\TURN\COMMMEMO\Commission memo establishing procedures for calling special meetings of the city commission.doc
473
Agenda Item R 'l I
Date 1-!6 ~-!3
(MAYOR MATTI HERRERA BOWER'S VERSION}
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, EST ABUSHING, PURSUANT TO CITY
CHARTER SECTION 2.04, PROCEDURES FOR
CALLING SPECIAL MEETINGS OF THE CITY
COMMISSION BY A MAJORITY OF THE MEMBERS OF
THE CITY COMMISSION.
WHEREAS, Section 2.04 of the Miami Beach Charter provides that the "Mayor or the
City Manager may call special meetings of the Commission upon at least twenty~ four (24) hours
written notice to each member, served personally, or left at his [/her} usuaf place of abode"; and
WHEREAS, in a Special Election held on August 14, 2012, the following ballot question
was approved by the electorate of the City of Miami Beach, which provides for an additional
method of calling a special meeting of the City Commission by a majority of the members of the
Commission:
Shall Section 2.04 of the Miami Beach Charter be
amended to provide that, in addition to being called by the
Mayor or City Manager, special meetings of the City
Commission may be called by a majority of the members
of the Commission upon written notice to the City Clerk
and in accordance with the procedures set forth in a
resolution of the City Commission; and
WHEREAS, pursuant to City of Miami Beach Resolution No. 2012-28004, which was
passed and adopted by the Miami Beach City Commission on September 12, 2012, the Miami
Beach City Commission adopted the Miami-Dade County Canvassing Board's Certification of
the Official Results of the August 14, 2012 Special Election for the above-stated City of Miami
Beach ballot question and declared the results thereof; and
WHEREAS, Section 2.04 of the Miami Beach Charter has now been amended to include
the following language:
... In addition, special meetings of the City Commission
may be called by a majority of the members of the
Commission upon written notice to the City Clerk and in
accordance with the procedures set forth in a resolution of
the City Commission"; and
WHEREAS, the following procedures for calling a special meeting by a majority of the
members of the Miami Beach City Commission are hereby adopted in accordance with the
above-stated Charter Amendment approved by the electorate in the August 14, 2012 City of
Miami Beach Special Election:
474
Procedures for the Calling of Special Meetings of the Citv Commission
by a Majority of the Members of the Commission.
Pursuant to Section 2.04 of the City Charter
A special meeting of the City Commission may be called by a majority of
the members of the Commission. A special meeting shall be called only: (1) to
address emergency matters that cannot be postponed until the next regularly
scheduled city commission meeting and (2) wheneveF four or more members of
the City Commission individually serve a written signed request for a special
meeting upon the City Clerk by hand-delivery. The written request shall state the
purpose(s} of the Special Meeting. The signature of the Mayor or of a
Commissioner on each such request shaU constitute a representation that the
member of the City Commission intends to attend the Special Meeting.
Upon receipt of the initial signed written request for a Special Meeting
from a member of the City Commission, the City Clerk shall immediately send
notice thereof to the entire City Commission, as well as to the City Manager and
the City Attorney. After receipt of a total of four or more written requests for a
special meeting, the City Clerk shall schedule the Special Meeting and shall
serve verbal and written notice (by hand-delivery or email) upon each member of
the City Commission, the City Manager and the City Attorney, stating the date,
hour. and place of the Special Meeting, and the purpose(s) for which such
Special Meeting Is called. The Cit)! Clerk shall use his or her best efforts to
ensure that all, or as close as possible to all, of the members of the City
Commission are available to attend the Special Meeting. The City Clerk shall
further provide the public with Notice of the Special Meeting by publishing of the
Special Meeting Notice on the City of Miami Beach's website, and shall also
provide newspaper publication notice of the Special Meeting when there are at
least seven (7) business days from the Clerk's scheduling of the Special Meetrng
to the date of the Special Meeting. At least 24 hours must elapse between the
time the City Clerk receives four signed written requests for the Special Meeting
and the time the Special Meeting is to be held. The City Commission chambers
shall be made available for a special meeting whenever such a meeting is called.
No business other than the purpose(s) stated in the Clerk's Notice of Special
Meeting shaH be transacted at the Special Meeting. If after reasonable dlligence,
it is impossible to give notice to each Commissioner, such failure shall not affect
the legality of the Special Meeting if a quorum is present. The minutes of each
special meeting shall show the manner and method by which notice of such
special meeting was given to each member of the Commission.
A special meeting of the City Commission called pursuant to this
Resolution may be cancelled as follows:
(1) By motion adopted at a regular Commission meeting by a
majority of the City Commission members present; or
475
(2) By service upon the City Clerk of signed, written requests for
cancellation of the special meeting from at least four members
of the City Commission.
When a special meeting pursuant to this Resolution is cancelled, the City Clerk
shall provide notice of said cancellation to each member of the City Commission,
the City Manager, the City Attorney, and shall further provide the public with
cancellation notice of the Special Meeting.
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
adopt the procedures for the calling of special meetings by a majority of the members of the City
Commission as set forth herein.
PASSED AND ADOPTED this_ day of January, 2013.
ATTEST:
Rafael Granado
City Clerk
Matti Herrera Bower
Mayor
F:\ATTO\TURN\RESOS\Special Commission Meetings 2012 October 8 2012.docx
476
(NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE VERSION
12·17~12)
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ESTABLISHING. PURSUANT TO CITY
CHARTER SECTION 2.04, PROCEDURES FOR
CALLING SPECIAL MEETINGS OF THE CITY
COMMISSION BY A MAJORITY OF THE MEMBERS OF
THE CITY COMMISSION.
WHEREAS, Section 2.04 of the Miami Beach Charter provides that the "Mayor or the
City Manager may call special meetings of the Commission upon at least twenty-four (24) hours
written notice to each member, served personally, or left at his [/her] usual place of abode"; and
WHEREAS, in a Special Election held on August 14, 2012, the following ballot question
was approved by the electorate of the City of Miami Beach, which provides for an additional
method of calling a special meeting of the City Commission by a majority of the members of the
Commission:
Shall Section 2.04 of the Miami Beach Charter be
amended to provide that, in addition to being called by the
Mayor or City Manager, special meetings of the City
Commission may be called by a majority of the members
of the Commission upon written notice to the City Clerk
and in accordance with the procedures set forth in a
resolution of the City Commission; and
WHEREAS, pursuant to City of Miami Beach Resolution No. 2012-28004, which was
passed and adopted by the Miami Beach City Commission on September 12, 2012, the Miami
Beach City Commission adopted the Miami-Dade County Canvassing Board's Certification of
the Official Results of the August 14, 2012 Special Election for the above-stated City of Miami
Beach ballot question and declared the results thereof; and
WHEREAS, Section 2.04 of the Miami Beach Charter has now been amended to include
the following language:
... In addition, special meetings of the City Commission
may be called by a majority of the members of the
Commission upon wrltten notice to the City Clerk and in
accordance with the procedures set forth in a resolution of
the City Commission"; and
WHEREAS, the following procedures for calling a special meeting by a majority of the
members of the Miami Beach City Commission are hereby adopted in accordance with the
above-stated Charter Amendment approved by the electorate in the August 14, 2012 City of
Miami Beach Special Election:
477
Procedures for the Calling of Special Meetings of the City Commission
by a Majority of the Members of the Commission.
Pursuant to Section 2.04 of the City Charter
A special meeting of the City Commission may be called by a majority of
the members of the Commission. A special meeting shall be called whenever
four or more members of the City Commission individually serve a written signed
request for a special meeting upon the City Clerk by hand-delivery. The written
request shall state the purpose(s) of the Special Meeting. The signature of the
Mayor or of a Commissioner on each such request shall constitute a
representation that the member of the City Commission intends to attend the
Special Meeting.
Upon receipt of the initial signed written request for a Special Meeting
from a member of the City Commission, the City Clerk shall immediately send
notice thereof to the entire City Commission, as well as to the City Manager and
the City Attorney. After receipt of a total of four or more written requests for a
special meeting, the City Clerk shall schedule the Special Meeting and shall
serve verbal and written notice (by hand-delivery or email) upon each member of
the City Commission, the City Manager and the City Attorney, stating the date,
hour, and place of the Special Meeting, and the purpose(s) for which such
Special Meeting is called. The City Clerk shall use his or her best efforts to
ensure that aH, or as close as possible to all. of the members of the City
Commission are available to attend the Special Meeting. The City Clerk shall
further provide the public with Notice of the Special Meeting by publishing of the
Special Meeting Notice on the City of Miami Beach's website, and shall also
provide newspaper publication notice of the Special Meeting when there are at
least seven (7) business days from the Clerk's scheduling of the Special Meeting
to the date of the Special Meeting. At least 24 hours must elapse between the
time the City Clerk receives four signed written requests for the Special Meeting
and the time the Special Meeting is to be held. The City Commission chambers
shall be made available for a special meeting whenever such a meeting is called.
No business other than the purpose(s) stated in the Clerk's Notice of Special
Meeting shall be transacted at the Special Meeting. If after reasonable diligence,
it is impossible to give notice to each Commissioner, such failure shall not affect
the legality of the Special Meeting if a quorum is present. The minutes of each
special meeting shall show the manner and method by which notice of such
special meeting was given to each member of the Commission.
A special meeting of the City Commission called pursuant to this
Resolution may be cancelled as follows:
{1) By motion adopted at a regular Commission meeting by a
majority of the City Commission members present; or
(2) By service upon the Crty Clerk of signed, written requests for
cancellation of the special meeting from at least four members
of the City Commission.
478
When a special meeting pursuant to this Resolution is cancelled, the City Clerk
shall provide notice of said cancellation to each member of the City Commission,
the City Manager, the City Attorney, and shall further provide the public with
cancellation notice of the Special Meeting.
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
adopt the procedures for the calling of special meetings by a majority of the members of the City
Commission as set forth herein.
PASSED AND ADOPTED this_ day of January, 2013.
ATTEST:
Rafael Granado
City Clerk
Matti Herrera Bower
Mayor
F:\ATTO\TURN\RESOS\Special Commission Meetings 2012 NACA December 17 2012 version,docx
479
RESOLUTION TO BE SUBMITTED
480
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving An Increase To The Owner's Contingency For The Right-Of-Way Infrastructure
Improvement Program, Neighborhood No. BE Bayshore, Sunset Islands I & !I Project, In The Amount Of
$696,285, For The Additional Work Related To Construction Of Permanent Street Ughting System In
Sunset Island I, Suitable And Unsuitable Fill Material Overruns, Outfall Reconstruction And Upsizing,
Sanitary Sewer Pipe Uning, And Driveway Harmonization As A Result Of Unforeseen Conditions And
Improvements With Previously Appropriated Funding In The Amount $73,292 From Fund 304 -Capita!
Reserve, $34,017 From Fund 424 -Water & Sewer Bonds 2000 Series, $491 ,550 From Fund 431 -
Storm Water Bonds 2011, And $97,426 From Fund 427 -Storm Water Enterprise Fund For A Grand
Total Of $696,285.
Key Intended Outcome Su~orted:
Ensure value and timely delivery of a quality capital project. Improve storm drainage citywide, and
maintain the Cj!y-='s'-'i7nf=-ra=-s::..:tc..:ru::.::c:.;;.tu;;;c.r-::e:-.· ~----,-.,--::--~-
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey
indicated that over 81% of residents rated recently completed capital improvement projects as "excellent"
or "good". Recently completed capital improvement projects (81%), storm drainage (37°/o), and condition
of roads (44%).
Item Summary/Recommendation:
On July 13, 2011, the City Commissron pursuant to lnvltation to Bid (ITS) 27-10/11 approved the award
of a construction Contract to David Mancini & Sons, Inc. for the construction of the City of Miami Beach
Right-of-Way Infrastructure Improvement Program Neighborhood No. 8E Bayshore, Sunset Islands 1 & II
project.
The City is requesting replenishment of expended contingency to cover additional costs for the
installation of a permanent lighting system, for the removal of unsuitable backfill material and installation
of suitable material required above the originally estimated quantities.
As the work has progressed, the City has identified the additional scope of work related to these
unforeseen conditions and improvements to be completed that wiU need to be funded in the amount of
$765,128 plus a 10% variance of $76,513, totaling $841 ,641. This amount less the remaining
contingency balance of $145,356 represents an additional $696,285 required to address the additional
requests in the project required to bring it to finalization.
The administration is requesting that the remaining funding required be allocated to the project
contingency, so as to allow change orders to be negotiated and properly executed pursuant to the
requirements stated in the construction contract.
The Administration recommends that the Mayor and City Commission approve the resolution.
Advisory Board Recommendation.:'-----·
~----------~· ------~--------------
Financiallnformat_ion~----,---~--rR= ~
Source of ~ Amount Account __ ~---
Funds: L ___ 1_--t---====~$=7?=-~,2::-:9:-::2--lf-----_-_-_-_-____ _;3;_;;,0-'-4~-'2-'"'66~5-'-0~6:c::9.c:.3,;:..57'--------
D,~r,,··l ~ 2 $34,017 1 424-2665-069357
3 $97,426 1 427-2665-069357 ---l
4 $491 ,550 ! 431-2665-069357 i
r-~~~4---~.--~~~------------~ $696,285 /
Ci!Y Clerk's Office Legislative TrctEkinJJ.: --=---::c::-:::-:------~-----· L Maria Hernand§.Z, Senior Capital Projects Coordinator Ext. 2584..:._ ____ ~-------------j
Si n-Offs:
MIAMI BEACH
481
AGENDA ITEM __,R_.,7,..;=J::.....-_
DATE /-/6·--!3
(9 MIAMIBEACH
City of Miami Beach, 1700 Convention Cenier Drive, Miami Beach, Florida 33139, www.miomlbeachfLgov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the Ci;y jmission
Kathie G. Brooks, Interim City Manager ~ / •
January 16, 2013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN INCREASE TO THE OWNER'S
CONTINGENCY FOR THE RIGHT~OF-WAY INFRASTRUCTURE IMPROVEMENT
PROGRAM, NEIGHBORHOOD NO. 8E BAYSHORE, SUNSET ISLANDS I & II
PROJECT, IN THE AMOUNT OF $696,285, FOR THE ADDITIONAL WORK
RELATED TO CONSTRUCTION OF PERMANENT STREET LIGHTING SYSTEM IN
SUNSET ISLAND I, SUITABLE AND UNSUITABLE FILL MATERIAL OVERRUNS,
OUTFALL RECONSTRUCTION AND UPSIZING, SANITARY SEWER PIPE LINING,
AND DRIVEWAY HARMONIZATION AS A RESULT OF UNFORSEEN
CONDITIONS AND IMPROVEMENTS WITH PREVIOUSLY APPROPRIATED
FUNDING IN THE AMOUNT $73,292 FROM FUND 304 ~ CAPITAL RESERVE,
$34,017 FROM FUND 424-WATER & SEWER BONDS 2000 SERIES, $491,550
FROM FUND 431-STORM WATER BONDS 2011, AND $97,426 FROM FUND 427
-STORM WATER ENTERPRISE FUND, FOR A GRAND TOTAL OF $696,285.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Ensure value and the timely delivery of a quality capital project.
Improve storm drainage citywide.
Maintain City's infrastructure.
FUNDING
$ 73,292
$ 34,017
$ 97,426
$491,550
$696,285
Fund 304 -Capital Reserve
Fund 424-Water & Sewer Bonds 2000 Series
Fund 427 -Storm Water Enterprise Fund
Fund 431 -Storm Water Bonds 2011
BACKGROUND
On July 13, 2011, the City Commission pursuant to Invitation to Bid (ITB) 27-10/11, approved
the award of a construction Contract to David Mancini & Sons, Inc. (DMSI} for the construction
of the City of Miami Beach Right-of-Way Infrastructure Improvement Program Neighborhood
No. 8E Bayshore, Sunset Islands I & II project in the amount of $5,611,041. The contract is a
Unit Price contract After clarifications and reductions took place prior to issuance of the second
notice to proceed ( NTP 2), the final approved contract amount was reduced to $5,293,041. On
December 12, 2011, DMSI was issued NTP 2, allowing commencement of construction
activities on January 11, 2012. As of January 16, 2013 the project is 85% completed and has
expended $415,748 (74%) of its original allocated contingency amount of $561,104. The
breakdown of currently expended contingency is as follows:
482
Commission Memorandum -Sunset Islands 1 & 2
Increase to Owner's Contingency
January 16, 2013
Page 2of3
.,
p~~~~~·l ..
TABLE 1A
........... . ! ......... J~~~~ti~".~L~'_R~SJ£aiflif1\! ()_?_sketsJQ") .•.... . ~-.. . ............. I ... ·:·;;~-::·:'-· ·l
2 --~LO:J .. ~'.'.£2~9:'!~~~':~!!3ewer Mains (UF)~~~-~.----+--····'·:.;:;·""--+~--~=+z .................. ~-+"-.....~~'=+"------··--·-----------1
3 , 12" Watermain@ Bridge (IMP)
---~-I.:]~itJ.~:~r~~i~;;~::~~;E~~:Q;~~z~;~~-i~:;.--~~--~-~ __ §!~~g __ -~-----~:~0~~1~: :t .. ~: 1 Q~~~~j~ t ......... ?.~,~g?_
.... ~.--J~i.S,.9!~11".~~0,t!.S_It~ll);;_!'!:'_d_\l_r:'2~~~1<SJLJF) . ,.,. ... . ... ~21_1Q!g_ --~·-··· ..... _5~,_3Q]_ t. . ~~:~2~ .. $
7 1Miscellanoous Kerns and Credit True-Ups (MISC)~ In Process $ (16,263) $ 35,367 $ ~_2"--.4""94'-1-"$--....~:.'o.:.::"'"-l
TOTAL AMOUNT TO OATE 415,7411 $ 185,611 $ 118,959 $
FTOTALCURREJ:!TCONTINGENCY 561~4 $ 209,242 $ 274,742 $
~-ANCEREMAINING -----$ 145,356 $ 23,631 $ 95,783 1 $
Legend: (OR} Ovvner Requested: (UF) Unforeseen Condition; (IMP) Improvement I Betterment; (MISC) Miscellaneous.
ANALYSIS-FUTURE FUNDING REQUIREMENTS
51,177_
77,121)
25.943
The City is requesting replenishment of expended contingency to cover additional costs for the
installation of a permanent Hghting system for Sunset Island 1 as a result of conflicts with the
installation of the valley gutter. Similar relocation was conducted for Sunset Island No. 2 and
was covered under the original project contingency (See Table 1A, Change Order No. 4).
Funding is also being required for the removal of unsuitable backfill material and installation of
suitable material required above the originally estimated quantities. The replenishment of these
funds, particularly stormwater bonds, will allow the City to continue with other necessary
improvements such as the complete reconstruction of an outfall on Sunset Island No. 2 found to
be partially collapsed, as well as three (3) outfalls, which require spot improvements to achieve
proper stormwater discharge. Moreover, approximately 19 out of 133 driveways, all of which
are located on the east side of Sunset Island No. 2 and which are below the newly installed
edge of the valley gutters, will require harmonization to achieve positive flow from the driveways
to the streets. As the work has progressed, the City has identified the additional scope of work
related to these unforeseen conditions and improvements that will require funding in the amount
of $765,128 plus a 10% variance of $76,513, totaling $841 ,641. This amount less the remaining
contingency balance of $145,356 represents an additional $696,285 required to address
additional needs in the project required to bring it to finalization.
It is important to underline that some of the items have been negotiated and approved by the
Resident Project Representative, Schwebke-Shiskin & Associates, Inc. (SSA) and the Engineer
of Record, Chen Moore & Associates, Inc. (EOR) such as the permanent lighting cost and the
suitable and unsuitable material overage. Both of these negotiated items are attached herein as
Exhibits A -C. Staff is still negotiating the remainder of the PCO's with the contractor; however
these amounts are based on best available information provided by the RPR.
In addition, the Public Works Department is requesting additional funding for the lining of sewer
mains on Sunset Island No. 1. The breakdown of the required additional scope is as follows:
-.. -----.--~.~-~~--~~--~----.---T~A~B~L~E~~1Br---~--~--~~---------------~
CHANGE . BOND AI..LOCATION
ORDER NO. SCOPE AMOUNT -----.. ~-.---~-.,.,-~---,--j
f----+-----·-------------·--t-----i-5-to_rm_w_at_er __ + Water-Sewer 1 .Ailove Ground
Additionai PCO's Pendingto Process (Sstimat0~) . . .. ~--_90,~. $ 9~,~-$ .... .......... $
(),;;;;~r:: ;:~;,~ 4 ;:;.;~,.;;;;~ -iii'@ 2:7o_\i~~~-iuF;-.. $ so. 7oo $ 5o.7oo ..1. .. ------:.-r"'-$ -------'-! !RE~AI~ING ~~~~;;,;~~~i~~ii~1~;~~~~;~i~:r:~Tu~·iiMP·)··--=:.::~~-~-1:~;:~~ ~ ......
1 ~i~~~ .. L__ ·! ···· 25
._QOO
j COs :'.f'!!.n:r!.~~~nt~l~!'.ti~)LI~I~;>~NIJ .. 1.(Y£'J.I":!PJ.... . ................................ J . ..13Q,4?8. ~-. .~§.21_~ .. 1.... • '$ 65,214
1 ~ilr:l~~J~~~d;,~iJ~~i;~~~b9£tl()~~~~P,J. -----·-~-: L_ ______ 1j~:~~ ;····· ..... S.~~~~-1-:L~ . __ }ii2g9iL ............... --~-
t !ProjectiOn: Driveway Harmonir.at'9os -19 froperties (UF) $ 160,000 $ 160,000 $ • l $ •
l!QTAL PENDING WORK: $ 765,128 $ 556,914 $ 118,000 j $----~
f ADDITIONAl. 10% VARIANCE $ 76,513 $ 55,691 $ 11,800 l $ 9,021
iTOTAL AMOUNT PENDING WORK $ 841,641 $ 612,605 12.9,800._t!_ ____ ~
BALANCE REMAINING -SEE TABLE 1A $ (1411,~ ...!____!31631 195,783)f $ (25,943
~-TlONAL AMOUNT REQUIRED $ 696,285 $ 586,975 , $ 34,017 $ 73,292
.. Items already negotiated-See attachments.
Legend: (OR) Owner Requested: {UF) Unforeseen Condition; (IMP) Improvement I Betterment; (M!SC) Miscellaneous.
483
Commission Memorandum -Sunset Islands 1 & 2
Increase to Owner's Contingency
January 16, 2013
Page 3 of3
The administration is requesting that the remaining funding required be allocated to the project
contingency, so as to allow change orders to be negotiated and properly executed pursuant to
the requirements stated in the construction contract. The contract requires that any changes
resulting in changes in the contract price or the contract time be authorized only by change
orders, approved in advance, and issued in accordance with the provisions of the City. These
additional changes will bring all necessary funding for projected completion of the project which
is currently scheduled for May 1, 2013.
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 approve an increase to
the owner's contingency for the right-of-way infrastructure improvement program, Neighborhood
No. 8E Bayshore, Sunset Islands I & II project, in the amount of $696,285, for the additional
work related to construction of permanent street lighting system in Sunset Island I, suitable and
unsuitable fill material overruns, outfall reconstruction and upsizing, sanitary sewer pipe lining,
and driveway harmonization as a result of unforeseen conditions and improvements with
previously appropriated funding in the amount $73,292 from Fund 304 -Capital Reserve,
$34,017 from Fund 424 -Water & Sewer Bonds 2000 series, $491,550 from Fund 431 -Storm
Water bonds 2011, and $97,426 from Fund 427-Storm Water Enterprise Fund for a grand total
of $696,285.
ATTACHMENTS:
Exhibit A-OMS I Lighting proposal dated June 12, 2012
Exhibit B-Schwebke-Shiskin & Associates, Inc. -Lighting Estimate
Exhibit C-Schwebke-Shiskin & Associates, Inc.-Suitable & Unsuitable Projection
KGB\JGG\FV\OM\MH
484
Exhibit A
""' -!'<,_ GENERAL CONTRACTOR
1 ~+": .\h:on Road. \lhuni Bt"<lch, FL S'1.:i9
Plh {:JOl>)SSll-381!1 F.\X> (:l<:l~) S'U•SS$$
H)!J!.i S\'V +n~~ Ct. Pom:pa.no Hcach. FL .:S:lO!H
PH: (96+} 97~-3656 f'.U:, {9H) 94l-~O.W
June 12, 2012
Maria Hernandez
Capital Improvements Projects Office
1700 Convention Center Drive
Miami Beach, FL 33139
Project: Neighborhood No. BE, Sunset Islands 1 & 2
Re: Proposal fQr Temporary and Permanent Street l.ighting
Mrs. Hernandez,
As you know, during the installation of the stormwater system, DMSI has encountered multiple
conflicts with the existing street lighting system. Also, based on the location and depth of the
existing street lighting conduit, it appears to be in conflict with the proposed valley gutter
installation throughout the island.
In order to facilitate construction, minimize cost impacts to the City, and minimize loss of street
lighting to the residents, the City has asked DMSI to provide a proposal for 1) A Temporary
Lighting System, and 2) Permanent relocation of the street light conduits.
Please find the attached cost breakdown for this comprehensive street lighting proposal for
Temporary and Permanent systems for both Islands #1 & #2. The total additional lump sum
proposal amount is $386,464.50 and will require that 60 calendar days be added to the Contract
Time to complete this work. This price is summarized by island as follows.
Sunset Island # 1: Temporary Lighting System .............. $36,335.00
Permanent Lighting System .............. $130.428.05
Sunset Island #2: Temporary Lighting System .............. $44,612.50
Permanent Lighting System .............. $175,088.95
We would appreciate it if at least a partial approval for temporary lighting can be granted to
alleviate some of the immediate conflicts we are encountering in the field. Please advise if
additional information is required to process this request. Thank you.
Respectfully,
Juan Barreneche, P.E.
David Mancini & Sons. Inc.
485
Exhibit A
Estimated Cost Breakdown· Buried Street lighting for Sunset Islands 1 & 2
PROJECT: Neighborhood #1/ Biscayne Point, City of Miami Seach
CONTRACTOR: David Mancini & Sons, Inc. (DMSI)
Scope: Provide temporary overhead electrical service and to aflow for future replacement of aU direct buried street
lighting cable connections from existing service point to each street light po!e within the limits of construction.
TEMPORARY LIGHTING
SUBCONTRACTOR WORK
Item
1
2
Description
SUNSET ISLAND lt! -Furnish and Install an overhead
wire network connecting the power source to the
existing !ight poles {approximately 27 lights). This
wire will be held up by 2" rigid galvanized pipes to a
height of 18 ft in the longitudinal direction and 18-20
ft when crossing the roadway. A PVC conduit will also
be secured to the existing !ightpoles to protect the
wires coming down to the pole base ports.
SUNSET !£AOOJ. Ja · Furnish and Instal! an overhead
wire network connectlng the power source to the
existing light poles {approximately 32 lights). This
wire will be held up by 2'' rigid galvanized pipes to a
height of 18 ft in the longitudinal direction and 18·20
ft when crossing the roadway. A PVC conduit will also
be secured to the existing lightpoles to protect the
wires coming down to the pole base ports.
SUBTOTAL-SUBCONTRACTOR
Contractor's Fee (7.5%)
Quantity
1
1
TOTAL FOR TEMPORARY liGHTING (BOTH ISlANDS)
486
Unit Unit Price Total
LS $ 33,800.00 $ 33,800.00
LS $ 41,500.00 $ 41,500.00
$ 75,300.00
$ 5,647.50
I s so,s47 .so J
Exhibit A
SUNSET ISLAND #1-PERMANENT LIGHTING
Scope: Remove and replace all direct buried street lighting cable connections from existing service point to each street
light pole within the limits of construction. This proposal assumes that the existing service points will not require
modification. We also assume that ALL conduit can be installed directly behind the new valley gutter, with 12"
minimum cover.
SUBCONTRACTOR WORK
Item
1
la
lb
1c
2
2a
2b
3
4
4a
Description
Permanent connection to existing light poles
INCLUDES: Furnish and Install Ground Rods
INCLUDES: Pull Boxes
INCLUDES: Caldwe!d
2" PVC Conduit {incl. hand excavation just behind
vaHey gutter)
INCLUDES: 2" PVC 90 degree elbows
INCLUDES: Duct Seal
Connect to Existing Service Points
Wire #6 (3 wires per conduit)
INCLUDES: Waterproof Splices
SUBTOTAL-SUBCONTRACTOR
Contractor's Fee (7.5%}
DMSIWORK
5
6
7
Removal and Disposal of Existing Conduit
Sod Restoration
Autocad asbullts of new system
SUBTOTAL· DMSI Work
Contractor's Fee (10.0%)
GENERAL CONDITIONS
8 Bonds and Insurance (1.0%)
9 Additional MOT
10 Public lnformatlon I Uason Services
11 Other General Requirements
SUBTOTAl· General Conditions
ESTIMATED TOTAL· SUNSET ISLAND 1#1
Additional Contract Time Requested
Quantity
27
5600
3
17500
5600
200
1
0.01
1
1
1
30
Unit Unit Price
EA $ 612.83
LF $ 8.60
EA $ 3,000.00
LF $ 1.46
LF s 1.00
SY $ 4.00
LS $ 4,500.00
PERCENT $ 113,740.64
MONTH $ 3,100.00
MONTH $ 3,750.00
MONTH $ 8,700.00
cal. days
Total
$ 16,546.41
$ .
$ .
$ -
$ 48,160.00
$ -
$
$ 9,000.00
$ 25,550.00
$ -
$ 99,256.41
$ 7,444.23
$
$
s
$
$
$
$
$
$
5,600.00
800.00
4.500.00
6.400.00
640.00
1,137.41
3,100.00
3,750.00
8,700.00
s 16,687.41
$ 130,428.05
NOT£: Only sod restororion around poles included. Additional payment will be required for all other restoration.
487
Exhibit A
SUNSET ISLAND #2-PERMANENT LIGHTING
Scope: Remove and replace aH direct buried street lighting cable connections from existing service point to each street
light pore within the limits of construction. This proposal assumes that the existing service points wm not require
modification. We also assume that ALL conduit can be installed directly behind the new valley gutter, with 12"
minimum cover.
SUBCONTRACTOR WORK
Item
1
la
1b
lc
2
2a
2b
3
4
4a
Description
Permanent connection to existing lightpoles
INCLUDES: Furnish and Install Ground Rods
INCLUDES: Pull Boxes
INCLUDES: Caldweld
2" PVC Conduit (incl. hand excavation just behind
valley gutter)
INCLUDES: 2" PVC 90 degree elbows
INCLUDES: Duct Seal
Connect to Existing Service Paints
Wire #5 (3 wires per conduit)
INCLUDES: Waterproof Splices
SUBTOTAL-SUBCONTRACTOR
Contractor's Fee (7.5%}
OMS{ WORK
5
6
7
Removal and Disposal of Existing Conduit
Sad Restoration
Autocad asbullts of new system
SUBTOTAl· DMSI Werle
Contractor's Fee (10.0%)
GENERAL CONDITIONS
8 Bonds and Insurance (1.0%)
9 Additional MOT
10 Public Information I Uason Services
11 Other General Requirements
SUBTOTAL· General Conditions
ESTIMATED TOTAl.· SUNSET ISLAND lt2
Additional Contract Time Requested
Quantity
32
8100
4
25000
8100
215
1
0.01
1
1
1
30
Unit Unit Price
EA s 612.83
LF s 8.60
EA s 3.000.00
Lf $ 1.46
LF $ 1.00
SY $ 4.00
LS $ 4,500.00
PERCENT $ 157,959.35
MONTH $ 3,100.00
MONTH $ 3,750.00
MONTH $ 8,700.00
caL days
Total
$ 19,610.56
$ -
$ .
$ -
s 69,660.00
$ -
s -
$ 12,000.00
s 36,500.00
$ .
$ 137,770.56
$ 10,332.79
$
s
$
s
$
$
$
$
$
$
8,100.00
860.00
4,500.00
8,960.00
896.00
1,579.59
3,100.00
3,750.00
8,700.00
17,129.59
$ 175,088.95
NOT£: Oniy sod restoration around pales included. Additional payment will be required for all other restoration.
SVMMARY
Temporary Lighting
Permanent Ligt1ting Replacement-Sunset til
Permanent Lighting Replacement· Sunset #2
GRAND TOTAL
488
$ 80,947.50
$ 130,428.05
$ 175,088.95
$ 386,464.49
co ...... ·-..0 ·-..c: >< w t H#~J L .. <\ND PI ~"\N~CRS E'l(HNt.t::R~ " LA~~D SCH<VEYnR:;.; Ct~.#:"-7 ~~~-=-~ ~>reject Name: Description: Oatc; Sunset !$lands 1 g, 2 Temporary Street Ughung for Suns"t Island iJ 1 11!26/2012 "'" G~sed on 21 b:is,tH"l~ ti~h~ pok:~ ~::wd t! Servkc i'o~nt Connections. l have reviewed this document and found it to be fai\\~{\~\~ltl¥1?))able. //.~\\ c~R R .$. 11;1 I ~o~ .. ;~~~~!i~:'b~< ~ t ~o~~;r.-,7 //~,0 ~ ~ ·-N' ' .... ~~{!12 o. 61612 \ :: --o, "" ·*--..-r'l., . ..._ ::::. 0 \ STATE OF' / !1: E: ~~\ t'.. /!.t.J-.::: ~~~~~~9.~!1?~··6~1.<;.§' /;/;~1~0NAL €.~ ''"> '·,ltfii!!\\\\\' rzr:z.~ 0) co -.:::t
co :!::! .0 ·-.!:. X Ul !JJ:lSi !.'\i'D !'LANO:I:R'\ • E'<GL'll;l;RS ' l"\~<D SHRVJ'YOlc$ =======""'""'"'""""""""';;;;;;.,;,;;;;;,;;,;,;;;;=,.,;~~,;;=;;.,~,:;,;;,~;,;;:~:,;,;;,;;,;:;,;;;;;,;~~;;;;;,;;_,;~~~;,,:,~=,,;,;;,;;:;,""' tlAflE Ct\HS-t j?\t}$)6~1~7010 ... fAX' Proiect N3mc: Oestriptkm: Oat;?: sunset :slands 1 & 2 Tcmpomry Street Lighting for Sunsellsland 11 Z !1/26/lO!Z ~;;;;;.··· ~;;~~::~~~~~~ r--"-··-, ~ ~·-· ~ ihscO Of'. 32 tr.i~tiog i!~h! pr;lc:5 .;'lrd S S!!r'I!CI? P~mt Conflc::t~ons .. ·,\Wilii{Jfi,. I h~# 'Ye-,tew~JP llii5r,.4ocument and found it ~~F~~~qle. '~ <&,o· .:::-.(/ !V ..4 \ -./~··; ·~0;.)336,1?.(·:', :::1'"' v .. /,...-...-//~ ''7'>yl. / ' ~ 3(t)CCL.-<1 \~~·~~'-...<:::: ~ ~,>.. SiAr,r:0,. : ... ,.. ~~,1112 .., r / ft: ~ ~--.,~9RrD~/:#~,·. :,;., &t ---~ ,.,\(?,' . -'/;1,0NAL t:.\"' ·t/IJ/11' , ' "i 0 0) -.:::t
OJ ......... .c ..c: X w Prcject t•!ame: Description: D<lle: ' Sunset ts!ands 1 & 2 Permane!1t Str~et Lighting fo~ Suns.\?t lsJands ! & 2 11/25/?..0t?. li;mcJ c.om:;;JO,ion cornptere m pt~ce. Ai:o;o mdude De-moht!on "tf E.~!stmg i hi1nd ~xcrttt~~Hon. ·, CsHrn.-,tr:C b(<:HZd on 1.0 BI'Jciihon,;i cor•tr~n dnv~ , , . · ~ H o: ~ · \''''""'"''/, ,..;;,\ ,,.p..R R ··: l h~~1it~i~~pcument and found it to~ f'1~( ana reas&rlaple: __ $'{(? No. 6i6'i2 '. ~. ,, ,..;.. /'? ~'"''· ' .. . r-' /,./ '?:{". !/{/ l :k ~ ~~ .. c.,.;/ ( ,..~-~.l.1::::; ~ $ <-! \ " S'r:ATE OF ! .+:;;;: . ~;Q ' ; fl; 1~: ?!lJ.: :r .... ~~~OR!Dt';~·;§' ,:=: "',.;', <;>f •••• #~ """ ·--~ :l'/111 ONAL '€'.'='\ •S'" '11/f! II H\\\ """'" 0) -.:::t Prtr;t&.,;t M~'~Jag-?.t
Exhibit C
LB"37 l.A:SD PLA.N\iEf<S '' [NG'i\:f'FRS '' i.X'\fD 5UR\'TYORS fAc?fP
.J.!AI.• CORPOR,\ TE \-\A Y " tvllRA:>.iAR. FLORfD,\ 33025 '' BRO\\ARD. (95~) B:q(qO '' DADE (3{)5} 6j2-70:0 ,, FAX. ('iii) .m-328~
Project Name:
De.s.criptior.:
Date:
Sunset tsiancls 1 and 2
Unsuitable/Suitable ProJ::c~kH"l !Estknate
~ 't J""t:.j'''O'P· -~-Ltl 4:. --L
L w -----·~'ToP'·~ ..... _iiorro~li .. r-.. j:i;-~4
tl:? . ~~-~--.
S-2 S-1
~~~.~,~~ ..... ,
S-1 S-4
16
15
97
38
8
8 4.09
S-10 S-4 14 10 4
S-4 S·ll 16 10 I 4
~~~. . ~:~2 ~~ 1
3
0 I 3'\
:t~~ !··· :; -3.81 7.9
-4 l' 8.09
-2 6
-2
·2
·4
·2.25
-4
6
6
7.7
5.95
7.5 ~~~~ ==-r~~-'-:~-~~~~=--·--Yi -----.-::1~~-' -~; t 55~~_11 1!i li fl,~ -~3:.~5; ~~·.I
. ;S-24 I 12 c ~:~~3 ·js--173 II 17 ~~ ~:~
4
-4
-4.75
-4.75
-10.5
-10.5
·5 26
-5.26
7.5
8.25
8.25
14
14
8.76
8.76
14
81
96 ~::, 1~~~~---~-r :. ::
5-129 15-175 1 14 10 3.5
S-175 I'S-15 I 51 8
S-129 5-55 ! G9 8
s .. ss ls-19 l 17 10
~:~~ ~~~:~~ I ~~ ~
S-25 S-176 14 10
S-25 S-23 168 8
S-23
S-23
S-52
S-23
S-26
5~26
5·26
S-27
S-29
S-109
jS-lOS
5·106
S-52
S-177
ls-26
S-51
S-50
S-27
S-29
S-38
S-179
PC-8
15 10
I E,_l~ Y
1. . 10 __ _ w
t
... 10
66
172
I 1o
!
I
I
28
13
8
8
10
10
10
3.3
3.5
3.5
3.5
3.5
3.5
3.5
3.5
3
3.7
3.4
3.4
3.5
3.5
3.5
3.7
3.7
I
! ' I
-10.5
-4.6
-6.1
-6.1
-2.6
-3.3
~5.35
-5.35
-4.8
-48
-5.15
·5.75
·5.25
-4 25
-4.9
-3.9
-3.9
-275
·2.5
-4.25
-6.1
Page 1 of 2
492
9.6 ..
5.9
68
8.85
8 85
8.3
8.3
8.65 ....
9 25
8.75
7.25
8.6
7.3
7.3
6 25
6
7.75
9.8
8.4
1,309.00
6,045.20
1,2q~.09
____ ,
43.5
223.9
44.4
659.40
883.29
927.74
1,059.00 38~~-965.63
9,360.00 346.7 1,313.29
1,155.00 42.8 1,]56.07
1,320.00 48.9 1.40.~-96
4,900.00 181.5 1,586.44
1,344.oo 1 49.8 1,(536.2~
1.4ss.zo 1 s5.2 t69Us
1,osuo 1 38.9 1.730.31
9,100.00 337.0 2,067.~5
1,166.40 43.2 2,110.55
! __1.&?4.0~ .§!£_ -2,178.10
l 2_:344.001_~~~" 2,227.88
. 2A07.20 .... ~. .. .?L~.?.-04
3,753 60 139 0 2,456.06
·~~~' "·"'.,....--·--4'• •--~~. H-r~~·---
1,504.50. -55.7' +--2,511.!~
:~;_1;?0.5~.'-~A_ ____ l ~---.~2.?~ .. 39
. ~:~~~:~~ .. ·. 3J34~1 .·. ·t' . _· .... ~:~~~-.·1~
.. -~1,625.60 __ 430~~ _______ Q;g}}
1,387.50 . . SL4 . .. .. . ,?,3_~51
2,18?.:_~. 81.0 3,364.53
"2, 726.00_ ~~-!-_91.0-. J ... 3~65.49
16,993.60 ; 629.4 1 4,094.~~
730.00 l 27.0 ' 4,121.92
730.00 27.0 4,148.96 l
3,300.00 122.2 4,271.1~.
8,256.00 3058 l 4,576.96
775.00 28.7 4,605.671
2,744.00 101.6 I 4,707.29
1,092.00 40.4 ! 4,74~:7~]
Exhibit C
r ... ;nc~f ·1 ·· V]~::<r Tli:~c0J~~~IE¥T;
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34
38
l
I
1
!S H,41•J.OO l
2,5\JS IY.) I
6~0SS. 20
.,l));'\.130 i
7!1a3sAo 1
£,38>).80!
~S·l68 S-109 i ?.?. 8 3.i$ -5.5 9 J. 2,3HO.SO
\5-168 s-n
1
1 4S w :lAS 1:1 .~:lQ?~2Q
~s:J:(iij 5-ll 104 S .. 345. -2.5 S9'i 195040
'i2VS S1 1bi~ 4':1
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:~33.3 /,011.8~1
i J(G.3 1,201 7.4 '
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1
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. ...: Assu;11e:> :soti strata tc be-fdtv U{iS.Uita~)h: w1th the t~:·c~ptk:n of ti:.:? u;:>per 1 foot
493
RESOLUTION TO BE SUBMITTED
494
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
City of Miami Beach, \700 Convention Center Drive, Miotni Beach, Florida 33139, YiYLYi •. mimnfulw.s;JJfl..g.QY.
OFFICE OF THE CITY CLERK, Rafael Gronodo, City Clerk
Tel: (305) 673-7 4 i i, fax: (305) 673-7254
Emoi! CilyCierk@miomibeoch.gov
COMMISSION MEMORANDUM
From:
Mayor Matti Herrera Bower and Members of the'~ C'ty C mmission
Kathie G. Brooks, Interim Ci1y Manager ~ ..,
January 1 6, 2013 / ·-
To:
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: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE
Affordable Housing Advisory
Committee
Art in Public Places
Board of Adjustment
Community Development Advisory
Committee
11
7
7
14
City Commission
City Commission
City Commission
Commissioner Deede Welthorn
Commissioner Jerry Libbin
Commissioner Jorge Exposito
Commissioner Michael G6ngora
1 Page 1
2 Page 3
Page 5
1 Page 12
1
1
We are committed to providing excellent public service and safety to all who J:ve, work and play in o Agenda Item R 2 A
Date 1-1' ··I ,3
496
VACANCIES
BOARD OR COMMITTEE:
Community Relations Board
Convention Center Advisory Board
Debarment Committee
Fine Arts Board
Golf Advisory Committee
Marine Authority
Miami Beach Commission For
Women
Miami Beach Cultural Arts Council
Miami Beach Human Rights
Committee
TOTALMBRS.
17
7
7
14
12
7
21
11
9
Miami Beach Sister Cities Program 24
Normandy Shores Local Gov.
Neighborhood lmpv.
3
APPOINTED BY: TOTAL VAC PAGE
Commissioner Jerry Libbin
Kathie G. Brooks, Int. City Manager
Commissioner Michael G6ngora
Commissioner Jorge Exposito
Mayor Matti Herrera Bower
Commissioner Deede Weithorn
Commissioner Michael Gongora
Mayor Matti Herrera Bower
Commissioner Ed Tobin
Commissioner Michael Gongora
City Commission
City Commission
Mayor Matti Herrera Bower
City Commission
497
Page 14
Page 16
Page 17
Page 21
1 Page 23
1 Page 30
1 Page 31
1
1 Page 32
2 Page 33
3 Page 34
2 Page 36
VACANCIES
BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE
Parks and Recreational Facilities 10 Commissioner Jerry Libbin 1 Page 37
Board Commissioner Michael Gongora 1
Personnel Board 10 City Commission 3 Page 38
Production Industry Council 7 Commissioner Jerry Libbin 1 Page 43
Mayor Matti Herrera Bower 1
Single Family Residential Review 3 Kathie G. Brooks, Int. City Manager 3 Page 45
Panel
Transportation and Parking 19 Commissioner Ed Tobin Page48
Committee
Attached is breakdown by Commissioner or City Commission:
KGB: REG®
498
Board and Comnzittees Current Mentbers
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;
S) 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
Appointments To Be Made :
Muayad
Stephanie
Charles
David
Juan
Vacancy:
Members:
Name
Amy
Arian
Guy
Jeremy
Mark
Applicants
Abbas ( 5) For Profit
Berman (6) Not for Profit
Urstadt (8) Local Plann. Bd.
Smith (3) Rep. Labor Home Bid.
Rojas (2} Banking/Mortgage
To replace Robert (1) Res. Home Bldg.
Sa land
J,ast Name
Perry
Adorno
Simani
Glazer
Wohl
Position/Title
(11) Rep. Essential Serv.
(9) Res. Juris local Govt
(10) Rep. Empl. With/Juris.
(4) Low-Income Adv
(7) Real Estate Prof.
Position/Title
12/31/2012 City Commission 12131/17
12/31/2012 City Cornrnisslon 12/31/14
12131/2012 City Commission 12131/17
12131/2012 City Commission 12/31/14
12/31/2012 City Commission 12/31/16
12/31/2014 City Commission
Term Ends: Appointed by: Ten11 Limit:
12!31/2013 City Commission 12/31/17
12i31/2013 C1ty Commission 12/31/17
12/31/2013 City Commission 12/31/17
12/31/2013 City Commission 12/31/17
12/31/2013 City Commission 12/31117
Applicants Position/Title
499
Board and Contnzittees Current Mentbers
Andrew Fischer
Brltta Hanson
Gotlinsky Barbara
Karen Fryd
Prakash Kumar
Barbara Gotlinsky
Dr. Barry Ragone
Julio Lora
Marie T ewers
500
Page2 of52
Board and Co11111tittees Current Me111bers
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
Appointments To Be l\lade :
James lloyd 12/31/2012 City Commission
Janda Wetherington 12131/2012 C!ty Commission
Megan Riley 12/31/2012 Clty Commission
Vacancy:
To replace 12/31/2014 City Commission
Elizabeth Resnick
To replace Rhonda 12/31/2013 City Commission
Mii!irani-Buchman
Members:
12/31/16
12/31/16
12!31/16
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Lisa
Lisette
Applicants
Adriar~ Gonzalez
Annette Fromm
Antoinette Zel
Cindy Brown
Cyn Zarco
Austin
Oiemberg-
Goldstein
David Lombardi
Emma OeAibear
Jonathan Porcelli
Leslie Tobin
Maria Rodriguez
Merri Mann
Patricia Fuller
Silvia Ros
Zoila Datone
'-·' .. ,.,~.·-' •'' -.· ~ -" ..
Tuesday, Jrmuary 08, 2013
J>osition/Title
12/31/2013 City Commission
12/31/2013 City Commission
Applicants
Ana Cordero
Anthony Japour
Ct1ristina LaBuzetta
Claire Warren
Dale Stine
Elizabeth Schwartz
Francis Trul!enque
Kathleen Kowall
Lisa Austin
Mark Alhadeff
Moi!y Leis
Rosemarie Murillo Likens
Wetherington Janda
501
Position.JTitle
12/31/17
12/31/14
Board and Conznzittees Current Mentbers
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
Appointments To Be Made:
Silvia Rotbart
:Members:
Name Last Name
Daniel Nixon
Udia Resnick
Lucero Levy
Maria Koller
Moni Cohen
Terry Blechman
Position/Title
12/31/2012 Mayor Matti Herrera Bower 12/31/14
Term Ends: Appointed by: Term Limit:
12/3112013
12131/2013
12/31/2013
12/31/2014
12/31/2014
12/31/2013
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 Ubbin 12/31/18
Commissioner Ed Tobin 12/31/18
Ex-officio Chair of Mayor AcJ-Hoc Garden Center
Applicants
Ana Cordero
Cindy Brown
Darin Feldman
Dr. Corey Narson
Francinelee Hand
Lily Furs!
Marivi iglesias
Rabbi Daniel Sherbill
Tiva Leser
'>",•.·.•-<•·.~•.'" ··w ,,-''i¥'>•'•",\>«,••N····.o·,··,-.•····•
Tuesdrty, .ltumary o,~, 1013
Position/Title Applicants
Christopher Todd
Daniel Novela
Dina Dissen
Flavia Lowenstein-Eiortegui
Kay Coulter
Marina Novaes
Mitchell Korus
Steven Gonzalez
502
Position/Titlt'
Board and Contmittees Current Me11tbers
Board of Adjustment
Composition:
Two {2) year term.
Appointed by a 5/7th vote.
RSA 1·2 Sec 118·
1 'l1
Seven {7) voting members composed of two members appointed as cftizens at-farge 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
Appointments To Be Made :
Joy Malakoff At-Large
Richard
Vacancy:
Preira Law
12/31/2012 City Commission
12/31/2012 City Commission
To replace Andrew Real Estate Developer 12/31/201.4 City Commission
Members:
Name
Bryan
Elsa
Lior
Sherry
Resnick
Last Name
Rosenfeld
Urquiza
Leser
Roberts
Position/Title
CPA
At-Large
Fin. Cons. TL 12/31/13
Gen. Business TL 12/31/13
Term Ends: Appointed by:
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/3112013 City Commission
12/31/16
12/31/16
Term Limit:
12/31115
12/31/17
12/31/13
12/31/13
Applicants Position/Title Applicants Positionffitle
Alan Flsi1man
Atala Anthony
Brian Ehrlich
Gabriel Paez
Jonathan Beioff
Michael Bernstein
Noah Fox
Roberta Gould
'' ••,'.·,•,«, ', .• ,-...:-,_,,, "•'•."! .• ~,• •'-••-<-••,,.-.;<~~c·;;."•'•-i>••
Tuesday, Janum:v OS, 2013
Alexander Annunziato
Avi Ciment
Dov Konetz
Jessica Conn
Josh Gimelstein
Micl<.y Ross Steinberg
Rober! Newman
503
Board and Comnzittees Current Menzbers
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
Appointments To He Made :
Jacqueline Lalonde
Marc Gidney
Members:
Name l1ast Name
Antonio Hernandez Sr.
David Lancz
Dushan Kolier
Jack Benveniste
John Gardiner
Laurence Herrup
Stephen Hertz
Applicants
David Richardson
Eric Lawrence
Gregory Carney
John Bowes
Usa Ware
Oliver Oberhauser
Rima Gert1ard
Tuesday, Ja11uary 08, 2013
Financial Adv.
C.P.A.
Position/Title
Position/Title
12/31/2012 City Commission
12/31/2012 City Commission
12{31/16
12/31/14
Term Ends: Appointed by: Term Limit:
12/31/2013 Commissioner Jorge Exposito 12/31/16
12/31/2014 Commissioner Deede Weithorn 12131118
12/31/2013 Commissioner Jonah M. Wolfson 12/31/15
12/3112013
12/3112014
12/31/2013
12131/2014
Allplicants
DvJight Kraai
Gerhard Rima
Jared P!itt
Mayor Matti Herrera Bower
Commissioner Jerry Libbin
Commissioner Michael Gongora
Commissioner Ed Tobin
Position/Title
Lance Richardson
Noah Fox
Regina Suarez
Ronald Starkman
504
12/31/15
12/31/16
12/31/17
12/31/16
Board and Contnzittees 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 !east 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
Appointments To Be l\tfadc :
Robert Rabinowitz (C5) Engineer
Tony TrujiHo (C4) Cap.Budg/Finance
Dwlgt1t Kraai {2) Engineer TL 12/31/13
Stacy Kilroy (C3) Const/GI Cont.Tl 12/13
Members:
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/17
12/31/16
12/31113
12/31113
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Brian Ehrlich (C3) Developer 12/31/2013 City Commission 12/31/14
Ct1ristina Cuervo (C5) Developer TL 12/31/13 12/31/2013 City Commission 12/31/13
Eleanor Carney (C4) At-large 12/31!2013 City Commission 12/31/15
Elizabeth Camargo (C2) Architect TL12/31113 12/31/2013 City Commission 12/31/13
Sau! Gross ( 1) Mayor Designee 12/3112013 Mayor Matti Herrera Bower 12/31115
AJ>plicants Position/Title Applicants Position/Title
,,.,,-';'w,,.-«,,>.'>'• /-~"'""' ,~''"<• '~'·'·.-,~. ,._ '"' '• .ov' "' ,•,>•;-,o·.i,'\•'• ·,.(
Tue,wlay, ./l(llllllry 08, 2013 Page 7 of 52 {Continued ....
505
Board and Committees Current Mentbers
Annsheila Turkel
Ctwyl Jacobs
Dominique Bai!!eu!
Guy Simani
Jacobs Jacobs
Josh Gimelstein
Rima Gerhard
TuesdaJ'• January
Atala Anthony
Christian Folland
Gerhard Rima
ivette Isabel Borrello
James Lloyd
Michael Laas
Ronald Starkman
506
Board and Conznzittees 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 Educationi the City Manager
shall further designate a member of dty staff to serve as a liaison who shall report the Committee's
actions to the City Manager.
City Liaison: Lesfie Rosenfeld
Appointments To Be Made :
Tiffany Heckler
Beverly Heller
12/31/2012 Commissioner Michael Gongora
12/31/2012 Mayor Matti Herrera Bower
12/31118
12/31!16
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
!vette Isabel
Karen
Kay
Keren
Sheila
Elisa Leone
Heidi Tandy
Ivette Birba
Ji!i Swartz
Leslie Rosenfeld
usa Simon
Borrello 12/31/2013
12/31/2013
12/31/2013
12/31/2014
12/31/2014
Rlvo
CoLJiter TL 12/31/13
Bajaroff
Duffy-Ler.rman
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
ACf'1/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. Sctlooi-6/30/13
Rep. of PTA for Treasure Island Elem. 06/30/13
City commission designee
Sofia Emuriel
vacant
vacant
Applicants
Rep. of the PTA Sout Pointe Elementary-6/30i13
Position/Title Applicants
507
Commissioner Jonah M. Wolfson 12131/17
Commissioner Deede Weithorn 12/31/15
Commissioner Jerry Libbin
Commissioner Ed Tobin
Commissioner Jorge Exposito
Position/Title
12/31/13
12/31/15
12/31/17
Board and Contlltittees Current Members
Aida EI-Matari
Jill Swartz
Kathleen Kowall
laurie Kaye Davis
Maria Cifuentes Marrero
Mia Glick
Elaine Litvak
Judith Berson-Levinson
Laura Cullen
Loren Pearson
Marjorie York
Robert F air!ess
508
Page !Oof52
Board and Committees Current Menzbers
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)1 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)1 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), dty officials, representative from the Police Department and the City
Attorney's Office as ex-officio members.
City Liaison: Katherine Martinez
Appointments To Be 1\lade :
Rabbi Daniel St1erbill
Members:
Name l,astName
Annsheila Turkel
cary YeeQuee
Dale Gratz
Gail Harris
Jonathan !<roner
Lisa Ware
Prakash Kumar
Rachael Zuckerman
Applicants
Deborah RLJggiero
Eda Valero-Figueira
Helen Swartz
l<:umar Prakash
Melissa Mokha
Roclo Sullivan
Rosemarie Murillo Likens
, .... -.,., •...... ,, .... ,., .. ,,•
Tue.wla,v, Junuary 08, 2013
Position/Title
TL 12/31!13
Position/Title
12131/2012 Commissioner Michael Gongora 12131/19
Term Ends: Appointed by: Term Limit:
12/31/2013 Mayor Matti Herrera Bower 12/31/19
12/3112013 Mayor Matti Herrera Bower 12/31/19
12/31/2013 Mayor Matti Herrera Bower 12/31114
1213112014 Commissioner Ed Tobin 12/31/16
12/31/2013 Commissioner Jorge Exposito 12/31/17
12131/2014 Commissioner Jonah M. Wolfson 12/31/13
12/31/2014 Commissioner Jerry Libbin
12/31/2013 Commissioner Deede Weilhorn
Applic.ants
Debra (Debi) Oc1ade
Emma DeAibear
Kimberly Diehl
Luis Iglesias-Ramirez
Mitchell Korus
Rosalie Pincus
Stephanie Berman
509
Position/Title
12/31/16
12/31/17
Board and Contntittees Current Mentbers
Community Development Advisory Committee
Composition:
Sec. 2·190.110
Committee shall be composed of fourteen (14) members.
The Mayor and City Commissioners shall each make two (2) direct appointments.
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 positron 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 mimlnum of six (6)
months; or,
b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a
locany designated community development target area for a minimum of six (6) months.
City Liaison: Brian Giilis
Appointments To Be :Made:
Rachel Umlas {TL 12/3112012)
Dona Zemo
Vacancy:
Members:
Name
Adam
Christina
Harvey
James
Karen
Mark
Michael
Zachary
Applicants
Arian Adorno
Derrek Steele
Jean Flls
Jeffrey Graff
Kay Coulter
to replace Josh
Gimelstein
To replace Robert
Fairless
To replace Jay
Parker
To replace Aida EI-
Matari
Last Name
Greenberg
LaBuze\\a
Burstein
Weingarten
Fryd
Hayes
Bernstein
Cohen
Position/Title
Position/Title
12/3112012 Commissioner Jorge Exposito 12/31/12
12/31/2012 Mayor Matti Herrera Bower 12131/17
12/31/2013 Commissioner Michael Gongora
12/31/201.3 Commissioner Jerry Libbin
12/31/2013 Commissioner Jorge Exposito
12/31/2014 Commissioner Deede Weithorn
Term Ends: Appointed by: Term Limit:
12131/2014
12/31/2014
12/31/2013
12/31/2014
12/31/2013
12/31/2013
12/31/2014
12/3112013
Applicants
Bruce Klaiber
Commissioner Deede Weithorn 12/31/19
Commissioner Jonah M. Wo!fson 12/31/19
Commissioner Ed Tobin
Commissioner Ed Tobin
Mayor Matti Herrera Bower
12/31/14
12/31/18
12/31/17
Commissioner Jonah M. Wolfson 12/31i15
Commissioner Jerry Ubbin 12/311"16
Commissioner Michael Gongora 12/31/19
Position/Title
Dr. Barry Ragone
Jeffrey Feldman
Juan Rojas
Mark Wahl
Page 12 (d 51 (Continued ....
510
Board and Comntittees Current Mentbers
Michse! Rotbart
Steve Berke
-~."•,.,, .. , ,, ~ ... , :•' .•oc•s
Tuesday. January 08, 2013
Russell Hartstein
511
Page
Board and Conunittees Current Me11zbers
Community Relations Board Sec. 2·190.11
Composition:
The board shall consist of seventeen (17) members.
Eleven (11) members shal!l 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 shaH be appointed by the Miami-Dade Community Relations Board from its
membership.
Four ( 4) non-voting, ex-officio members sha!! 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 po!ice 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:
12/31/2014 Comr-dssioner Jerry Ubbin To replace
Soiomon Genet
To replace Jacobo
Epelbawn
12/31i2014 Kathie G. Bcooks, Int. City i'-lanager
l\Iembers:
Name
Adam
Barbara
Brad
Darin
Debra
Laurie Kaye
Last Name
Kravitz
Montero
Fleet
Feidrnan
Schwartz
Davis
Position/Title
TL 12/31113
Principal
Term Ends: Appointed by: Term Limit:
12131/2013
12/31/2014
12/31/2013
Commissioner Jonah M. Wolfson 12/31!19
Commissioner Jorge Exposito 12!31/15
Commissioner Deede Weitt1orn 12/31/13
12/31/2013 Kathie G. 81ooks. lnt Clty
Manager
12/31!2014 Commissioner Ed Tobin
12/3112014 Kathie G. Brooks, Int. City
Manager
12/31/19
12f31i15
12/31/13
Rabbi Solomon Schiff 12/3112013 Mayor rvlatti Herrera Bower
Robert
Usa Ware
i'laria Ruiz
i'-'larjorie York
Patty Hernandez
Applicants
Sena 12/3112013 Commissioner Michael G6ngora 12/31119
ex-officio of Police Citizens Relations Committee
ex-oftkio of r'!iami-Dade Comrn. Relation Board
ex-officio Police Chief Designee
ex-officio of the Committee on tr.e Horneiess
ex-officio Director of the Bureau Childrens Affair
ex-officio of ;'~18 Commission for Women
ex-officio of Hispanic Affairs Committee
Position/Title Applicants Position/Title
.. , .. , ..... "-''' ,, ,._
Tuesda.v, Januw:r 08, 20 I 3 Pttgt! l.f i~f52 IConr!nucd ....
512
Board and Co1nnzittees Current Me11zbers
Andres Asian
Dale Gratz
Derrek Steele
Irene Valines
Jacobo Epelbaum
Lori Gold
Mia Glick
Troy Fabien
Tuesday, Jmwa;:r 08, 2013
Claudia Moncarz
David Alschuier
Sliane Soffer
Ivan Rusi!ko
Jean Fils
luis Herrera
Sofia Emuriel
513
Page 15 £tf52
Board and Conunittees 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
Vacancy:
Roger Abramson Appointments To
Be Made
Members:
12/31/2012 Commissioner Michael Gongora
Name Last Name Position!Tit1e Term Ends: Appointed by: Term Limit:
Alan Lips 12/31/2014 Commissioner Jorge Exposito 12/31/19
Frank Kruszewski 12/31/2013 Commissioner Jonah M. Wolfson 12/31/18
Joshua Wallack 12/31/2014 Commissioner Ed Tobin 12/31119
Leon Manne Tl12/31/13 12/31/2013 Commissioner Jerry libbin 12/31/13
Stuart Blumberg 12131/2013 Mayor Matti Herrera Bower 12/31115
Tim Nardi 12131/2013 Commissioner Deede Weithorn 12131/17
Bob Balsam ex-off. Globaf Spectrum Adm Rep,
Ita Moriarty ex-officio, GMCVB Adm Rep
Stephanie Ruiz ex·off1cio, Chairperson Bd. Of Dir. MBCC
vacant ex·officio member of the City tv1anager's Office
Ai>Plkants
Barbara Gotlinsky
David Lombardi
Gabrielle Redfern
Gotlinsky Barbara
Mark Woht
Michael Steffens
Recio Sullivan
Position/Title Applicants
Barbara (Bunny) Patchen
Eric lawrence
Gayle Durham
Uliarn lopez
Michael Rotbart
Robert Newman
514
J>osition/Title
Page 16 (~f 52
Board and Contnzittees Current Mentbers
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 (and1 in limited
instances/ a bidder or proposer) from city contracting and city approved subcontracting.
City Liaison: Alex Denis
Appointments To Be Made :
Antonio
Vacancy:
Members:
Name
Anthony
Darius
Dr. Ronald
Joseph
Applicants
Hernandez Jr.
To replace Melvyn
Schiesser
To replace Stephen
lack
Last Name
Broad
As!y
Shane
Hagen
Position/Title
J>osition/Title
Brian Ricr.ard
Lance Richardson
Zachary Cohen
12131!2012 Commissioner Michae! Gongora 12/31i18
12/31/2014 Commissioner Jorge Exposito
12/31/2014 Mayor Matti Herrera Bower
Term Ends: Appointed by: Term Limit:
12131/2014
12131/2013
12/3112013
12/3112013
Applicants
Commissioner Ed Tobin 12/31/16
Commissioner Deede Weithom 12/31/17
Commissioner Jerry libbin 12/31117
Commissioner Jonah M. Wolfson 12/31/15
Position/Title
John Bowes
Michael Perlmutter
515
Board and Co1111nittees 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 architecture1 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
Appointments To Be Made :
Carol Hausen At-large 12/31/2012 City Cornrnission
Marilys Nepomechie Architect 12/31/2012 City Commission
Lilia Medina Urban Planner 12/31 /20•12 City Commission
Members;
12/31/16
12/31/17
12/31i15
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Jason
Leslie
Manuel
Sera]
Hagopian Registered Architect
Tobin Registered Architect
Minagcri At-large
Gary Held
Richard Lorber
Vacant
Applicants
Saba
Alexander Annunziato
Bryan Rosenfeld
Elizabeth Camargo
Francis Steffens
Jessica Corm
Ray Breslin
Lands. Arch. TL 12!31113
advisory(Oty Attorney Designee
advisory/Acting Planning Director
ex··officio/Disabllily Access Committee
Position/Title
12/31/2013 City Commission
12/31/2013 City Commission
12131/2013 City Commission
12/31/2013 City Commission
Applicants Position/Title
Andres Asion
Cyn Zarco
Elsa Urqlliza
Jean-Francois Lejeune
John Stuart
Seth Wasserman
516
12/31/15
12/31/16
12131117
12/31113
Board and Cont.mittees 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 shaH be direct appointees by the Mayor and City Commissioners.
1) persons having mobrlity 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 disabHities;
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 duties1 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 accessibllty 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(0) to increase the number of members from
seven(7) to fourteen (14) and amended the quorum requirement
City Uaison: Vacant
Appointments To Be 'Made:
Wendy
Elaine
Vacancy:
Members:
Name
Andrea Lisa
Andrew
Barbara
David
Dr. Susan
Helen
John
lawrence
Lee
Russ en
Sabrina
Susana
Unger
Litvak
Last Name
Travagiia
Feuerstein
Gotlinsky
New
So! man
Swartz
Bennett
Fuller
Weiss
Hartstein
Cohen
Maroder-Rivera
Ex-officio member
Position/Title
Tl 121:~1/13
TL 12/31/13
Ex-officio member
'""'''·'"·"·-"!·'·''-'•''•'''"''' ''"'·••'"'""<«,-.. /,-,.,,.
Tuesday, J(llwary 08, 1013
12/31/2012 Mayor Matti Herrera Bower
1213112012 Commissioner Michael Gongora
12131/16
12131/19
Term Ends: Appointed by: Term Limit:
12/31!2014 Commissioner Jorge Exposito 12/31119
12131/2014 Commissioner Jerry Libbin 121:31119
12/31/2013 Commissioner Ed Tobin 12131/19
12!31/2014 Commissioner Deede Welthorn 12/31/15
12/31/2013 Commissioner Deede Weithorn 12/31/19
12/31/2013 Commissioner Michael Gongora 12/31/18
12/31/2013 Commissioner Jonah M. Wolfson 12/31/13
12/31/2013 Commissioner Jerry libbin 12/13/13
12/31/2014 Commissioner Jonah M. Wolfson 12/31/19
12/3112013 Mayor MaW Herrera Bower 12/31/19
12131/2014 Commissioner Ed Tobin 12/31117
12/31/2013 Commissioner Jorge Exposito 12/31119
. ..•. ,~,.,,_,._._.,_,_,;·"··»'··· ,,.,,._ "''''·"·•''""·' •
Page 19 <~f 51 (Continued ....
517
Board and Contmittees Current Members
Applicants
Ann Thomas
Rabbi Solomon Schiff
Position/Title Applicants
Britta Hanson
Rafael Trevino
518
Position/Title
Board and Contntittees Current Menzbers
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
Appointments To He Made :
Jamie Dokovna
Vacancy:
To replace Judy
Adler
Membet·s:
Name Last Name Position/Title
Brit! a Hanson
Carmen (Maria) Lopez
Carrie Wiesenfeld
Deborah Ruggiero
Ellen Brazer
Judith Berson-Levinson
Melissa Broad
Michael McManus
Mic.'lelle Ricci
Nathaniel Korn
Tamra Sheff man
Tiva Leser
Applicants Position/Title
Allan Hall
Beverly Heller
Caroline Cardenas
David Lombardi
Ernrna DeAibear
Francinelee Hand
Gregory Carney
Janda Wetherington
Jenna Ward
Liliam Lopez
Merri Mann
Nelida Barrios
Wetherington Janda
,. ·'·"--··""·""'•"···'···~·.
Tuestlay, Jm!Wl!J' 08. 2013
12131/2012 Commissioner Michael Gongora 12/31/17
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 G6ngora 12/31/20
12/31/2013 Mayor Matti Herrera Bower 12/31!15
12131/2014 Commissioner Jerry Libbin 12/31/18
12/31/2014 Commissioner Jorge Exposito 12/31/17
12/31/2013 Commissioner Jerry Libbin 12/31/16
12/31/2013 Commissioner Ed Tobin 12/31/15
12/3112014 Mayor Ma!ti Herrera Bower 12/31/17
12/31/2014 Commissioner Ed Tobin 12/31!20
12/31/2014 Commissioner Jonah M. Wolfson 12/31/15
12131/2014 Commissioner Deede Weithorn 12!31/15
12/31/2013 Commissioner Jonah M. Wolfson 12/31/15
Applicants
Ana Kasdin
Bradley Ugent
Dale Stine
Dina Dissen
Flavia Lowenstein-Eiortegui
Francis TruHenque
James Weingarten
Jeffrey Feldman
Josephine Pampanas
Marjorie O'Neill-Butler
Mia Giick
Patti Hernandez
Zahara Mossman
519
Position/Title
Page 21 r~/52
Board and Conzmittees Current Members
Gay, Lesbian, Bisexual and Transgender (GLBT) Ord. 2009·3635
Composition:
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 Uafson: Vacant Diana Fontani
Members:
Name Last Name
Billy Kemp
Chad R\chler
Cindy Brov.n
Daie Stine
Daniei Spring
Edison Farrow
!van Cano
,Jorge Richa
Karen Brown
Laura Veitia
Marivi Iglesias
Michael Bath
Nelida Barrios
Thomas Barker
Willis "Chip" Arndt Jr.
Applicants
Brian Richard
Elizabeth Schwartz
Michael Andrews
Rebecca Boyce
Silvia Ros
t/ .• ,,,-. •• "",."'\''""''"·····;.
Tuesday, Jamm1:v 08, 2013
Position/Title
Position/Title
Term Ends: Appointed by: Term Limit:
12!31!2014 Mayor Matti Herrera Bower 12/31/16
12i31/2014
12/31/2013
12/31/2014
12/31/2013
12/31/2013
12131/2014
12/31/2013
12/3i/2013
Commissioner Ed Tobin 12/31116
Commissioner Jonah M. Wolfson 12/31119
Commissioner Michael Gongora 12!31117
Commissioner Jorge Exposito 12/31/16
Commissioner Jerry Libbin 12/31/16
Commissioner Jonah M. Wolfson 12/31/17
Mayor Matti Herrera Bower 12/31/17
Mayor Matti Herrera Bower 12/31/17
12/31/2014 Commissioner Jorge Exposito 12131/16
12/3112013 Commissioner Deede Weithorn 12131118
12/31/2014
12/3i/2014
12131/2013
12/31/2013
Commissioner Jerry Libbin 12!31!17
Commissioner Deede Weithom 12/31/16
Commissioner Michael Gongora 12/31/16
Commissioner Ed Tobin 12/31/16
Applicants
Ci1ristopt1er Am!sano
Ivana Vento
Rafael Trevino
Richard Murry
Walker Burl\schell
520
Position/Title
Board and Contmittees 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 shalt 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
Appointments To Be Made :
Jeff
Vacancy:
.Members:
Blumenthal
To replace Gregory
Gamey
12/31/2012 Commissioner Deede Weithorn 12/31/15
12/31/2014 Commissioner Michael Gongora
Name l,astName Position/Title Term Ends: Appointed hy: Term Limit:
Commissioner Jerry Libbin
Commissioner Jorge Exposito
Commissioner Ed Tobin
Mayor Matti Herrera Bower
12131/16
12/31/17
'\2/31/15
12/31/18
Jeffrey
Jenifer
John
Joseph
Michael
Cohen
Cap! an
Barker
Conway
Piazza
12131/2013
12/31/2013
12/31/2014
12!31/2013
12/31/2014 Commissioner Jonah M. Wolfson 12!31/17
Kevin Smith
A ppiicants
Daniel Novela
Mitchell KorLIS
Ronald Starkman
President for Women's Goif Assoc. MB Golf Assoc.
Presitient of the MB Golf Club Members Assoc.
President, Normandy Shore's Men's Golf Assoc.
President, Normandy Shore's Women's Go!f Assoc.
ex·officio, designee of the City Manager
Position/Title Applicants
Jane Hayes
Robert Sena
Zachary Cohen
521
Position/Title
Board and Conzmittees Current Mentbers
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 (l) 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 Chtldren's Affairs shall be added as a non-voting ex-
officio member of the board.
City Liaison: Sonia Bridges
Appointments To Be Made :
Racnei
Dr. Stacey
Dr. Andrew
Dr. Jay
Anthony
Steven
Todd
Members:
Name
Baruch
Harold
Shaheen
Tobi
Julie Zaharatos
Maria Ruiz
Applicants
Schuster ACLF
Kruger Physician
Nu!!man Physician
Rein berg Physician
Japour ACLF
Sonenreich CEO/ML Sinai/MH (NTL)
Narson CEO MB Community Health
Last Name Position/Title
Jacobs M.D. Health Provider
Foster Private Individual
Wirk Private Individual
Ash Nursing Profession
Rep. from the Health Council of South Fla
ex-officio, Director of Children's Affairs
Position/Title
Caroline Cardenas
Jared Plitt
12!31/2012
12/31/2012
12/31/2012
12/31/2012
12/3112012
12131/2012
12131/2012
Term Ends:
12/3112013
1213112013
1213112013
12/31/2013
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
Appointed by:
City Commission
City Commission
City Commission
City Commission
12/31/16
12/31/16
12i31/14
12/31116
12/31/16
Term Limit:
12/31/15
12/31/15
12/31115
12/31115
Applicants Position/Title
!van Rusilko
Michael Steffens
522
Board and Contntittees 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(Iitle
Attorney
Acr..ountant
Health Provider
Health Provider
General Business
vacant Chairperson, Health Advisory Board
Applic.ants
Miguel Antonio Aviles
Rosa!ie Pincus
•' ~··'·~ .-·~ ·-~""'··'• •'''1,"?··'·'·"0•, ···-, __ .• '•"'''
Tuesday, January 08,2013
Position/Title
Term Ends: Appointed by: Term Limit:
6119/2013 City Commission
6/19/2016 City Commission
6/19/2014 City Commission
6/19/2015 City Commission
6/19/2014 City Commission
Applicants Position/Title
Rachel Sct1Uster
Shaheen Wirk
P(tge 25 of 51
523
FS-154-207
FS 154-207
FS-154-207
FS 154-207
FS 154-207
Board and Conttuittees Current Menzbers
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
Appointments To Be Made :
ll!Z Rojas
Members:
Name Last Name
Ana Cecilia Velasco
.A.ntonio Purrinos
Eliane Soffer
Francis Trullenque
Ida Perea!
PaW Hernandez
Applicants
Alejandro Dominguez
luis Herrera
Rafael Trevino
• •,c''" ~<""' "~,. "'~'• •' • • •• '" "'''">·'<. ·n_, •'.••
Tue:sduy, January 08, 2013
Position/Title
PositioniTitle
12/31/2012 Mayor Matti Herrera Bower 12/31/19
Term Ends: Appointed by: Term Limit:
12/31/2013
12/31/2014
12/3112014
12/31/2013
12/31/2014
12131/2013
Applicants
Israel Sands
Commissioner Michael Gongora 12/31/18
Commissioner Jonat1 M. Wolfson 12/31/17
Commissioner Jorge Exposito 12/31/17
Commissioner Ed Tobin
Commissioner Jerry Libbin
Commissioner Deede Weithorn
PositioniTitle
12/31115
12/3'1116
12/31/15
Luis Iglesias-Ramirez
Regina Suarez
524
Board and Co11t11tittees Current Menzbers
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 distridts 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 Florida1 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
Appointments To Be Made:
Dominique Bail!eul At-large 12/31/2012 City Commission
Jane Gross Dade Heritage 12/31/2012 Clty Commission
Josephine Manning At-large 12/31/2012 City Commission
Herb So sa MDPL 12131/2012 City Commission
Members:
12/31/16
12i31i16
12/31/14
12/31115
Name Last Name Position/Title Term Ends: Appointed by: Term Lim it:
David Wieder
Henry !..ares
Ira Giller
Applicants
Alejandro Dominguez
Elizabeth Camargo
Francis Steffens
Jeffrey Cohen
John Stuart
Marl!ys Nepornechie
Morris Sunshine
Tuesday. Ja1wm:r
Attorney
Faculty Mem. TL 12/31113
Reg. Architect
Position/Title
12/31/2013 City Commission
12/31/2013 City Commission
12131/2013 City Commission
Applicants
Andrew Fischer
Elizabeth Pines
Guy Simani
Jessica Jacobs
Josh Girnelstein
Marina Novaes
Raymond Adrian
525
Position/Title
12131/15
12/31/13
12/31/17
Board and Contntittees 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:
Nnme
Cabreja
Emilio DeJesus Fernandez
Michael Band
Peter
Raymond
Chaveiier
Adrian
Applicants
Adrian Gonzalez
Barbara Gotlinsky
Damian Gallo
Julio Lora
, .. ,,,, ,, "·'''"'•"·" ~-·,
Tuesday, January ()8,
Tenant Commissioner
Position/Title
HA Commissioner
HA Commissioner
HA Commissioner
HA Commissioner
Position/Title
10/11/2012 Mayor Matti Herrera Bower
Term Ends: Appointed by:
10/1 i /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
1Ci11!18
Term Limit:
10!11/17
10/11/16
10/11/19
10/11/18
Applicants
Allan Hall
Christian Folland
Gotlinsky Barbara
Prakash Kumar
Position/Title
526
Board and Co1nnzittees 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
Appointments To Be M:ade :
Eric Lawrence 12/31/2012 Commissioner Michael Gongora
Members:
12/31/17
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Jay Dem1t1r 12/31i2014 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 12131/17
Mayra Diaz Buttacavoli 12131/2013 Commissioner Ed Tobin 12/31/17
Michael Roibart TL 12/31/13 12/31/2013 Commissioner Deede Weithorn 12/31/13
Steve Zuckerman 12/31/2014 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
Tue.wla,)', January 08,
l>osition/Title Applicants Position/Title
Lance Richardson
527
Board and Conunittees 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 shaH 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
lypes 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 Uaison: Mercedes Carcasses
Appointments To Be Made :
Stephen
Antonio
Vacancy:
Members:
Bernstein
Maldonado
To replace Joel
Aberbach
12/31!2012 Commissioner Deede Weithorn
12/31i2012 Commissioner Michael Gongora
12/31/2013 Mayor Mattl Herrera Bower
12/31/18
12/31/17
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Christopt1er
Daniel
Maurice
Sash a
Todd
Kipnis
Good beer
Boulanger
Michael George ex-officio fVJB Marine Patrol
Applicants
Atex Espenkotter
Eiaine Roden
Joel Aberbach
Matthew Paulini
Robert Glick
Position/Title
..............................................................................
Tuesduy, .lalllUliJ' 08. 2013
12/31/2013
12131/2013
12/31/2014
12/31/2013
Commissioner Jorge Exposito 12131114
Commissioner Jonah M. Wolfson 12131/16
Commissioner Jerry libbin 12/31/19
Commissioner Ed Tobin
Applicants
Christian Folland
Jacobo Epelbaum
Jonathan Beloff
Paul Friedman
William Cahill
528
Position/Title
Page30 of 52
12/31/18
Board and Conunittees Current Me1nbers
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 shaH serve as a non-
voting ex-officio member of the Community Relations Board.
City Liaison: Wanda Geist
Appointments To Be Made :
Claudia Moncarz
Regina Berman
Rocio Sullivan
Regina Suarez
Vacancy:
To replace Laura
Cutten
To replace Ana
Kasdin
Members:
Name Last Name
Debra (Debi) Quade
Elsa Or!andini
Francinelee Hand
GertrLJde Arfa
Jessica Conn
Karen Edelstein
Laura Bruney
Leslie Coller
Maribel Qui ala
Marjorie York
Mercedes Carlson
Monica Harvey
Nil<k! Weisburd
Roberta Gould
Tiffany lapciuc
Applic:ant.s
Britta Hanson
Diana Fontani Martinez
Jennifer Diaz
Maria Begonia Calcerrada
Marjorie O'Neiii-BL!tler
Moi!y leis
Rebecca Boyce
~;,,,,~,, ·"''"'~·"-'•'•• ,.,,,,,
Tuesday, JmuwiJ' 08, 2013
Position/Title
(TL 12131/13)
(TL 12/31/13)
(TL 12i31/13)
{TL 12/31/13)
Position/Title
12/31/2012 Mayor Matti Herrera Bower 12/31/17
12/31/2012 Mayor MaUl Herrera Bower 12/31/17
12/31/2012 Commissioner Mictlaei Gongora 12/31/19
12/31/2012 Commissioner Michael Gongora 12/31/17
12/31/2013 Commissioner Mictlael Gongora
12/31/2013 Commissioner Ed Tobin
Term Ends: Appointed by: Term Limit:
12/3112013 Commissioner Jerry Lib bin 12/31/19
12/31!2013 Commissioner Jonah M. Wolfson 12/31/13
12i31i2013 Commissioner Jerry Libbin 12/31/16
12131/2014 Commissioner Ed Tobin 12/31/14
12/31/20'14 Commissioner Jonah M. Wolfson 12/31119
12/31/2014 Commissioner Jerry Libbin 12131/15
12/31/2014 Commissioner Jorge Exposito 12131/13
12/3112013 Commissioner Deede Weithorn 12/31/15
12/31/2014 Commissioner Jorge Exposito 12/31/16
12131/2013 Mayor Matti Herrera Bower 12/31/13
12/31/2013 Commissioner Jorge Exposito 12/31118
12i31/20t4 Commissioner Jonah M. Wolfson 12/31113
12/31/2014 Commissioner Ed Tobin
12/3112013 Commissioner Deede Weithom
12/3112013 Commissioner Oeede Weithorn
Applicants
Dale Gratz
Eda Valero-Figueira
Judith Berson-Levinson
Marie Towers
Merle Weiss
Natalia Datorre
Wendy Ka!!ergis
529
Position/Title
12/31/15
12/31/15
12/31/17
Board and Contntittees Current Menzbers
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 1 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 Uaison: Gary Farmer
Appointments To Be Made :
Daniel
Beatrice
Marjorie
Vacancy:
Noveia
Hornstein
O'Neill-Butler
To replace Ileana
Bravo-Gordon
Members:
Name J,ast Name Position/Title
Charles Mlilion
Eda Valero-Figueira
Gregory Melvin
Isadore Havenick
Merle Weiss
Nina Duval
Zoila Datorre
Applicants
Annette Fromm
Bradley Ugent
Christina LaBuzetla
Eiizabeth Pines
George Durham
Jason Witrock
Jean-Francais Lejeune
Jonathan Parker
Kumar Prakash
Mark A!hadeff
Molly Leis
Monica Minagorri
Oliver Oberhauser
Rebecca Diaz
Steve Berke
Wetherington Janda
,., ••.. , .. , '··'"·'"' •" .. , ... , ,.,.• .. ;-'"""•"·r<·~J···. •'
Tuesday. JantWIJ' 08, 2013
TL 12131/13
TL 12/31/13
Position/Title
12i31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2015 City Commission
Tt•rm Ends: Appointed by:
12/31/2013 City Commission
12/31/2014 City Commission
12/31/2014 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/3112013 City Commission
12/31/2014 City Commission
12/31115
12/31!15
12/31/15
Term Limit:
12/31/17
12/31/14
12/31/15
12/31/13
12/31!17
12/31/13
12/31/14
Applicants
Antoinette Zel
Calvin Kohli
Positionffitlc
Cyn Zarco
Eugenio Cabreja
Janda Wet!;eringtcn
Jean Fils
Jenna Ward
Karlene Mcleod
Maria Cifuentes Marrero
Michael McManus
Monica Harvey
Nathaniel Korn
Patti Hernandez
Robert Newman
Tamra Sheffman
530
Board and Conunittees Current Mentbers
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
Appointments To Be Made :
Rafael
Carlos J
Dr. Barry
Vacaucy:
Trevino
Ortuno
Ragone
To replace Micl1aei
Andrews
To replace Todd
Narson
l\lcmbers:
Name
Alan
Elizabeth
Walker
William
Applicants
Last Name
Fishman
Schwartz
Burttscheil
Warren Jr.
Andrea Lisa Travaglia
Christopher Amisano
Lori Gold
Monica Harvey
,.,.,, .. ~-.·,···•> ''-'"•'" .. , .• ,,._.,.,o•'""" •" ''·'····'··· " ,
Tue.wltt)', Ja11uary OB, 2013
Position/Title
Law
Posi ti on/Ti tie
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2014 City Commission
Term Ends: Appointed by:
12/3112013
12/3112013
12/31/2013
1213112013
City Commission
City Commission
City Commission
Mayor Matti Herrera Bower
12/31!16
12131/16
12/31i16
Term Limit:
12/31/16
12/31/16
12131/16
12/31119
Applicants
Bradley Ugent
Ivana Vento
Luis Herrera
Prakash KL1mar
Positionlfitle
531
Board and Conzmittees Current Me1nbers
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 B€ach for two (2)
years. City Liaison: Diana Fontant
Appointments To Ue Made :
Bruce
Gary
Stephanie
George
Jessica
Faye
Zeiven
Ileana
Annette
Jennifer
Vacancy:
Members:
Name
Elaine
Jacobo
Jenna
Nuccio
Ray
Roberto
Wendy
Reich Nahar!ya. Israel TL 12/31/13
Twist Forta!eza Brazil
Trinidad other
Neary other
Londono lea, Peru
Goldin other
Seitchman other
Bravo-Gordon Rio de Janeiro, Brazil
Fromm other
Diaz Santa Marta. Colombia
To replace other
Veronika
Pozmentier
To repiace Daniela Krumlov, Czeck Rep.
Unden-Retkova
To replace Michael Fujisawa, Japan
McNamee
I~ast Name
Roden
Epeibaum
Ward
Nobel
BresUn
DaTorre
Kaliergis
Position/Title
other
otr,er
Almonte, Spain
Cozumel. Mexico
Brampton, Canada
other
Pescara, lta!y
12!31/2012 Mayor Matti Herrera Bower
12/31/2012 Mayor Matti Herrera Bower
12/31/2012 Mayor Matti Herrera Bower
12/3112012 Mayor Matt! Herrera Bower
12/3112012 Mayor MatU Herrera Bower
12131/2012 Mayor Matti Herrera Bower
12/31/2012 Mayor Matti Herrera Bower
12/31/2012 Mayor Matti Herrera Bower
12/31/2012 Mayor Matti Herrera Bower
12/31/2012 Mayor Matti Herrera Bower
12/31/2013 Mayor Matti Herrera Bower
12/31/2013 Mayor t-1attl Herrera Bower
12/31/2013 Mayor Matti Herrera Bower
Term l~nds: Appointed by:
12/31/2013 Mayor Matti Herrera Sower
12131/2013 Mayor Matti Herrera Bower
12!31/2013 Mayor Matti Herrera Bower
12/31/2013 Mayor Matti Herrera Bower
12/31/2013 Mayor Matti Herrera Bower
12/31/2013 Mayor Matti Herrera Bower
12/31/2013 Mayor Matti Herrera Bower
12/31/13
12/31/17
12/31116
12/31/16
12!31/17
12!31/18
12/31/14
12!31/19
12/31/19
12/31119
Term Limit:
12/31/17
12/31/19
12/31/19
12/31/16
12/31/16
12/31/16
12/31/19
Applicants ])osition/Title Applicants Position/Title
Ana Kasdin
Beatrice Hornstein
Charles Million
Darin Feldman
Gabriel Paez
•''''>'''~'•'·•'-"";~<.c•'"'"' "••"••'•0"•,>< •N•• .. ••.•
Ttwsdtt)', January OS, 2013
Ann Thomas
Bruce Klaiber
Claudia Moncarz
Francesco Stipo
Gregory Carney
532
Board and Cotltnzittees Current Mentbers
lsrael Sands
Josephine Pampanas
luis lglesias· Ramirez
Maria Rodriguez
Michael Tichacek
Raymond Adrian
Walter Lucero
Tut•sday, Jrmtuu:r 08, 2013
Ivan Rusilko
luis Giraldo-De !a hoz:
Marcella Paz Cohen
Michael Rotbart
Rabbi Daniel Sherbill
Tamra Sheffman
533
Board and Contntittees 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 shan 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
Appointments To Be Made :
Ronald
Vacancy:
Loring Optometric Physician
To replace Geoff
Green
To replace Manuel
Minagori
Members:
Name
New
New
Applicants
Last Name
Member
Member
David Alschu\er
Jonathan Porceili
Miguel Antonio Aviles
Sofia Emudel
Positionn'itle
Position/Title
12131/2012 City Commission
12/31/2J}14 City Commission
12/31/2014 Oty Commission
Term Ends: Appointed by:
12i31/2014 C!ty Commission
12/31/2014 City Commission
12/31/19
Term Lim it:
12/31/2014
12/31/19
Applicants Position/Title
John Bowes
Marie Towers
Monica Minagorri
Tegan Eve
534
Board and Conzn1ittees Current Menzbers
Parks and Recreational Facilities Board
Composition:
The board shaH be comprised of ten (10) members.
Sec. 2-171
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 shaH demonstrate interest ln the Cily's Parks and Recreational Facilities and
programs through their own participation or the participation of a member of their immediate famlly.
City Liaison: Kevin Smith
Vacancy:
lVIembers:
Name
Amy
Harriet
Jonattian
Leslie
Meryl
To replace Jeffrey
Forster
To replace Uzette
Lopez
Last Name
Rabin
Halpryn
Groff
Graff
Wolfson
Position/Title
(TL 12./31/13)
TL 12/31/13
12/31/2013 Commissioner Michael Gongora
12/31/2013 Commissioner Jerry Ubbin
Term Ends: Appointed by: Term Limit:
12/31/2014
12/31/2014
12/31/20"14
12/31/2014
12/31/2013
Mayer Matti Herrera Bower 12/31/'13
Commissioner Jonah M. Wolfson 12131115
Commissioner Deede Weithom 12/31/17
Commissioner Ed Tobin 12/31/15
Commissioner Jorge Exposito 12/31/13
Daniel Nixon
vacant
vacant
Ex-Officio member Beautification Committee
Ex-Offido member of the Youth Center Adv. Board
Ex-Officio member of Golf Advisory Cornmttee
Ap111icants
Anneite Cannon
Dolores Hirsl1
George Castiilo
Jason Witrock
Maria Cifuentes Marrero
Michael Steffens
Mojctet1 Khaghan
Paul Stein
.·~''··~·~,-.,,":'" , ''··" ·-, '•'. ,N, •• ,,; -",; •• ,c,.;.,,. ·.-
Tuesday, January 08, 2013
Position/Title Applicants
Dana Turken
Eleanor Carney
George Durham
Jonathan Parker
Maria Rodriguez
Miguel Antonio Aviles
Moni Cohen
Wa!ter Lucero
535
Position/Title
Board and Contntittees Current Mentbers
Personnel Board Sec. 2·190.66
Composition:
Ten (10) members appointed by a 5/7 vote.
Six (6) of which shall! 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: Carla Gomez
Appointments To Be Made :
Mojdeh Khaghan
Gabriel Paez
Vacancy:
To replace David
Richardson
To replace David
Alschuler
To replace Michael
Perlmuter
Members:
12/31/2012 City Cornrnlssion
12/3112012 City Commission
12/31/2013 City Commission
12/31./2014 City Commission
12/31/2013 City Commission
12/31i16
12/31115
Name Last Name
Rosalie Pincus
Position/Title Term Ends: Appointed by:
12/31/2013 City Commission
Term Limit:
12/31/15
Christopher Diaz
Evette Phi!lips
George Castell
Vacant
Applicants
Elsa Orlandin\
Laurie Kaye Davis
Richard Preira
elected 07/20/2011 exp. 7/31/2014-Group I
elected 07/09/2012 exp. 7/31/2015 Group HI
elected 07/23/2010 exp. 7/31/2013 Group II
Human Resources Director
Position/Title Applicants
Gail Harris
Lori Gold
536
Position/Title
Board and Contntittees Current Menzbers
Plmming 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 business1 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 Floridai
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 dty 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.
Appointments To Be Made :
Randy Welsburd Gen. Bus. TL 12/31/13
Jean-Francols Lejeune Architect
Daniel Veitia Historic Preservation
.Members:
12/31/2012 City Commission
12131/2012 City Commission
12/31/2012 City Commission
12/31/13
12/31/17
12/31/14
Name Last Name
Charles Urstadt
Henry Stolar
Jonathan Beloff
Robert Wolfarth
Position/Title
General Business
Gen. Bus. TL 12/31/13
Attorney
Developer
Term Ends: Appointed by:
12/31/2013
12/31/2013
12/3112013
12/3112013
City Commission
City Commission
City Commission
City Commission
Term Limit:
12/31/17
12/31/13
12!31/15
12!31/17
Applicants
Alex Espenkotter
Andres Asion
Avr Ciment
Bryan Rosenfeld
Elizabeth Camargo
Frank Kruszevvski
Guy Simani
Jeffrey Cohen
,._ -,-.,:,• >-~ "' ,..,; .,,~<·.'.:.···--<:··"'•.""'•> '"~·---~·'"''''
Tue~day, January ()8, 2013
Position/Title Applkants
Alexander Annunziato
A\ala Anthony
Brian Ehrlich
Dominique Bailleul
Francis Steffens
Gary Twist
Jack Jol1nson
Jessica Conn
537
Position/Title
h"C< '"•'''•'•<"'•"•"-,:C"''<•"o",<0, >"~.Aoo"'w'i•"/••>•"• '
Page 39 of 52 (Continued. ...
.Board and Committees Current Me1nbers
Joshua Wallack
Marina Novaes
Mario Courtney
Robe11 Sena
Tue:;day, Junuary 08, 2013
Joy Malakoff
Mark Alhadeff
Noah Fox
538
Page 40 of 52
Board and Conznzittees Current Mentbers
Police Citizens Relations Committee
Composition:
The committee shall consist of seventeen ( 1.7) 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 shafl 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
Appointments To Be Made:
Michael
Jared
Members:
Name
Beverly
Claire
Dina
Gianluca
Glenda
Hope
Jared
Jonathan
Mitchell
Nelson
Steven
Walter
Alex Bello
R. Martinez
Steve Rothstein
Applicants
Grieco
Dokovna
Last Name
Aberbact1
Warren
Dissen
Fontani
Krongo!d
Fuller
Plitt
Parker
I< or us
Gonza!ez
Oppent1eimer
Lucero
Position/Title
(TL 12/31/13)
Non-adm. Personnel of tile PD
Assistant Pollee Chief
City Attorney Designee
Position/Tit!('
'"'"'""'"''"·''-'"'-·· .. ~,,~--.. -..... ""·····'·"-c''."
Tuesday, January OS, 2013
12/31/2012 Commissioner Michael Gongora
12/31/2012 Commissioner Michael Gongora
12/31/19
12/31/17
Term Ends: Appointed by: Term Limit:
12/31/2014 Commissioner Jorge Exposito 12/31/13
12/31/2013 Mayor Matti Herrera Bower 12/31/18
12/31/2014 Commissioner Jerry Ubbin 12/31/14
12/31!2014 Commissioner Jorge Exposito 12/31/18
12/31/2014 Commissioner Ed Tobin 12/31/15
12/31/2013 Commissioner Jerry Ubbln 12/31/16
12/31/2013 Commissioner Deede Weithorn 12131/15
12/31/2013 Commissioner Jonah M. Woifson 12/31/19
12/31/2013 Mayor Matti Herrera Bower 12/31/18
12/31/2013 Commissioner Ed Tobin 12/31/15
12/31/2014 Commissioner Jonah M. Wolfson 12/31/17
12131/2013 Commissioner Deede Welthorn 12/31/19
ApJllicants Position/Title
Page 41 of 51 (L(mfinued. ...
539
.Board and Comnrittees Current Mentbers
Alejandro Dominguez
Barbara (Bunny) Patchen
Chrisifna LaSuzetta
Erik Goldman
Irene Vaiines
Jessica Jacobs
Kumar Prakash
Laura Morilla
Melissa Mokha
Rachel Schuster
Rosemarie Murillo Likens
Tegan Eve
Alex Espenkotter
Bruce Klaiber
Deborah Ruggiero
Eugenio Cabreja
Irene Valines
Kimberly Diehl
Laura CuHen
Maria Begonia Calcerrada
Michael Perlmutter
Richard Preira
Steven Gonzalez
540
42of52
Board and Conz11zittees Current Members
Production Industry Council Sec, 2-71
Composition:
The council shall consist of seven (7) voting members, the Mayor and each Commissioner shan make
one direct appointment.
AU 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
Appointments To Be Made:
Ivan
Vacancy:
Members:
Parron News Media
To replace Ivan Pol Recording Industry
To replace Joyce Production
Gal but
12/31/2012 Commissioner Michael Gongora
12/31/2013 Commissioner Jerry Ubbin
12/31/2014 t<layor Matti Herrera Bower
12131/16
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Allee
Belkys
Bruce
Noreen
Applicants
irene Valines
Usa Ware
Paul Friedman
Newhoff
Nerey
Orosz
Legauit-Mendoza
Fashion (TL 12/31/13)
Production
Fashion
TV/Film
Position/Title
12i31/2014
12/31/2013
12/31/2014
12/31/2013
Commissioner Jorge Exposito 12131/13
Commissioner Deede Weithorn 12/31/18
Commissioner Ed Tobin 12/31/15
Commissioner Jonah M. Wolfson 12/31/17
Applicants
Karlene Mcleod
Natalia Datorre
Position/Title
541
Board and Conzmittees Current Me1nbers
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 shaH 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: Sonia Bridges
Appointments To Be Made:
irene Valines
Jerry Marsch
Irene Valines
Members:
Name Last Name
Alfredo Rey
Barbara Gillman
Baruch Sandhaus
Calvin Kohli
Jane Hayes
Jason Witrock
Jeannette Egozi
Jeff Gordon
Joel Aberbach
Marcella Paz Cohen
Michelle Green
Oren Ueber
Applicants
Michael Perlmutter
Michelle Green
Robert Biumenthai
William Cahill
(TL 12/31113)
Position/Title
(TL 12/31/13)
Position/Title
12/31/2012 Commissioner Ed Tobin
12/31/2012 Mayor Matt! Herrera Bower
12/3112012 Commissioner Ed Tobin
12/31i19
12/31!13
12/31/19
Term Ends: Appointed by: Term Limit:
12/31/2014
12/31/2014
12/31/2013
Commissioner Deede We!thorn 12/31/17
Commissioner Jonah M. Wolfson 12/31/13
Commissioner Jorge Exposito 12/31/17
12!31/2014 Commissioner Jerry Ubbin 12/31/!6
12/31117 12/3112013 Commissioner Jerry Libbin
12/31/2014
12131/2013
12/31/2013
12/31/2013
12/31/2013
12/31/2013
12/31/2014
Commissioner Jorge Exposito 12131119
Commissioner Michael Gongora 12/31/17
Commissioner Jonah M. Wolfson 12/31/19
Mayor Matti Herrera Bower 12/31/19
Commissioner Deede WeW1orn 12/31/16
CommissionerMictlaei Gongora 12/31/19
Commissioner Ed Tobin 12/31!14
Applic~m ts
Michael Tichacek
Orlinda Perez Perez
Silvia Rotbart
Position/Title
···'-:"' .· -~·,~ ....
Puge4./. of 52
542
Board and Con1mittees Current Me1nbers
Single Family Residential Review Panel 2006·3529
Composition:
The panel shaH 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 (l) 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 wen as a
list of residents of the City. In developing the list of registered professionals, names should be
submitted from the following associations:
(l) 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. 12/31/2013 Kathie G. Brooks, Int. City Manager
Vietia
Jorge Gutierrez Registered Design Prof. 12/31/2013 Kathie G. Brooks, Int. City Manager
(TL 12131/14)
Rafael Slxto Registered Design Prof. 12/31/2013 Kathie G. Brooks, Int. City Manager
(TL 12/31/14}
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
new member 12/31/2013
Ai>Piicauts PositioniTitle APJ>lkants Position/Title
Oliver Oberhauser
543
Board and Comntittees Current Mentbers
Sustainability Committee 2008-3618
Com(Josition:
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: Vacant
Appointments To Be Made:
Gabriele Van Bryce 12/31/2012 Commissioner Michael Gongora
Members:
12/31117
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Commissioner Gongora
Debra Leibowitz
Eric Hecht
Lanette Sobel
Lily Furst
Luiz Rodrigues
Milch Novick
Applicants
Amy Tancing
Elizabeth Pines
Kimberly Eve
Michael Laas
Walker Burttschell
... ,.,,. ............... ,""•"••······"·'••·················'"·'····
Tue~day, J(mum:~• 08, 2013
Position/Title
12/31/2013 Mayor Matt! Herrera Bower
12/31/2013 Comm\ssioner Deede Weithorn 12/31/15
12/31/2013
12/3112014
12/31/2013
121:31/2014
Commissioner Jerry Libbin 12/31/19
Commissioner Jorge Exposito 12/31/17
Commissioner Jonah M. Wolfson 12/31/16
Commissioner Ed Tobin 12/31/15
12131/2013 Mayor Matti Herrera Bower
Applicants
Andrea Lisa Travag!ia
George Durham
Marivi Iglesias
Russell Hartstein
544
Position/Title
Page 46 of 52
12/31/16
Board and Con1ntittees Current Mentbers
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, patticipation, 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 Cfty Manager shall bring
the provisions of this section before the City Commission for its review and consideration.
City Liaison: Julio Magrisso
Members:
Name Last Name
Carrie Johnson
David Berger
Dolores Hirsh
Gayle Durham
Jeffrey Forster
Uzette Lopez
Tegan Eve
Applicants
Kimberly Diehl
Melissa Mokha
Stephen Donnelly
Vicki Petruzzem
Position/Title
Position/Title
Term Ends: Appointed by: Tenn Limit:
12/31/2014
12/31/2013
12/3112013
12/31/2014
12/31/2013
12/31/2014
12/31/2014
Applicants
Commissioner Deede Weithom 12/31/20
Commissioner Jorge Exposito 12/31/19
Commissioner Jonah M. Wolfson 12/31/19
Commissioner Ed Tobin 12/31120
Commissioner Jerry Ubbin 12/31/19
Mayor Matti Herrera Bower 12/31120
Commissioner Michael Gongora 12131120
Position/Title
Marlene Pross
Michael Tichacek
Steve Berke
P1tg!' 47 of 52
545
Board and Conunittees Current Mentbers
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 shaH 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 offidally designated by their respective organization, and letters
certifying that designation shall be forwarded to the Miami Beach City Clerk.
City Liaison: Saul Frances
Appointments To Be Made :
Josephine
Vacancy:
Members:
Name
Dr. Corey
Eric
JP.
Scott
Seth
Pampanas
To replace Maria
Mayer
I,ast Name Position/Title
Narson
Ostroff
Morgan
Diffenderfer
Wasserman
12/3112012 Mayor Matti Herrera Bower 12/31114
12/31/2013 Commissioner Ed Tobin
Term F.:nds: Appointed by: Term Limit:
12/31/2014
12/31/2014
12/31/2013
12/31/2013
12/31/2013
Commissioner Jerry Ubbin 12/31/18
Commissioner Deede Welthorn 12/31/18
Commissioner Michael Gongora 12/31/14
Commissioner Jonah M. Wolfson 12/31115
Commissioner Jorge Exposito 12/31/16
AI Feola
Delvin Fruit
Jo Asmundsson
Mark Weitllorn
vacant
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
vacant
William "Bill" Hahne
Applicants
Rep. for NBDC 12/31/13
Rep. for Lincoln Road t4arketing
Rep. for MBCC 12/31/12
Rep. for MDPL 12/31/13
Position/Title
'.,.,,''·"''""'·""'-'•'-"'~'"'-·--....
Tuesday, Jll/lll(lr)' 08, 2013
Applicants Position/Title
,<,'"·'•"»'·~·· ' •• ' > ,~. ·., ••••
P{{ge 48 of 52 (Continued ....
546
Board and Conzmittees Current Me1nbers
Ctleryl Jacobs
Eleanor Carney
Gianluca Fontani
Jacobs Jacobs
Julio Lora
Orlinda Perez Perez
Sasha Boulanger
'"'"'"·. o<'•'./ ,;., •• ,,-,.. __ '•"' _,_,, .... ·.~~ "'''""" •• ,,,_, ••
Tuesday, J{WUaiJ' 08, 2(}]3
David Alsciluler
Gerhard Rima
Ivana Vento
Jeffrey Feldman
l<umar Prakash
Rima Gerl!ard
Steven Oppenheimer
547
Board and Contntittees Current Menzbers
Visitor and Convention Authority
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) member who shaH be permanent residents of Miami-Dade County.
Sec. 102-246
The seven (7) members of the authority shall be representative of the community as follows:
1) Not less than two (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 indust1y1 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.
Appointments To Be Made :
Margaret (Peggy Benua
Aaron
Steven
Members:
Perry
Adkins
At-Large
At-Large
At-large
12/3112012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/17
12/31/16
12/31/14
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Jaquel\ne
Jeff
Hertz
Lehman
Men in
At -large TL 12/31/13
HotellndustrJ TL 12/31113
Hotel Industry Keith
Micky Ross Steinberg At-large
Applic.ants
Antoinette Zel
Calvin Kohli
Christine Taplin
Christopher Todd
Eric lawrence
Harold Foster
James Lioyd
Jennifer Diaz
Joshua Wallack
Karlene Mcleod
Steven Gonzalez
<:·-·<·.-"""•.-·.·····'-·"-<'>'";· . .,-.
Tuesdr(l', };mUifiJ' 08, 2013
Position/Title
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/3112013 City Commission
Applicants Position/Tit!<'
Brian Richard
Charles Million
Christopher Amisano
Diana Fontani Martinez
George Castillo
Israel Sands
Jeffrey Graff
Jonathan Porcelli
Karen Brown
Natalia Datorre
Zahara Mossman
548
50 of 52
12/31/13
12/31/13
12/31115
12/31/15
Board and Con1111ittees Current Mentbers
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-offrclo 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.
Ctty Liaison: Elizabeth Wheaton
Appointments To Be Made :
Matthew Krieger (TL 12/31/13) 12/3 tf20 12 Commissioner Michael Gongora
Charies Fist1er 12/31/2012 Commissioner Deede Weithorn
Members:
12/31/13
12/31/18
Nan:1c Last Name Position/Title Term Ends: Appointed by: Term Limit:
Barbara
Jeffrey
Morris
Paul
Robert
Brian Flynn
Joe Fisher
Lisa Botero
Applicants
Alan Fishman
Kimberly Eve
Siivia Rotbart
12/31/2014
12/31/2013
12/31/2013
Commissioner Jerry Ubbin
Mayor Matti Herrera Bower
Commissioner Jorge Exposito
12!31/14
12/31/19
12/31/15
Hershkowitz
Feldman
Sunshine
Friedman
Kraft
12!31/2013 Commissioner Ed Tobin 12/31/16
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 Speciaiist
Positiou/Titlt'
',•.,;,.',o','"'·'·'·"',•
Applicants
James Weingarten
luiz Rodrigues
William Cahill
Position/Title
Tuesday, January OR, 2013
549
Board and Comntittees 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
Appointments To Be Made:
Esther
Paul
Vacancy:
Members:
Egozi Choukrou
Stein
12/31/2012 Commissioner Mictlae! GOngora
12/3112012 Mayor Matti Herrera Bower
12/31/17
12/31/16
Name l,ast Name Position/Title Term F:nds: Appointed by: Term Limit:
Annette
Dana
Jeffrey
Michael
Stephanie
Maria Ruiz
Applicants
Aida EI-Malari
Rebecca Diaz
Cannon
Turk en
Graff
Burnstine
Rosen
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
Tues.lay. Janum:v 08, 2013
12131/2014
12!31/2013
12/31/2014
Commissioner Ed Tobin
Commissioner Jorge Exposito
Commissioner Jerry Ubbin
12/31118
12131/15
12/31/H3
12/31/2013 Commissioner Jonah M. Wolfson 12/31/19
12/31/2013 Commissioner Deede Weithorn 12/31/15
Applicants Position/Title
Andrea Lisa TravagHa
Page 52 of 52
550
City Commission Committees
Committeo Position First Name 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.
Tuesday, January08, 2013
551
NON...CITY COMMISSION COMMITTEES
Mayor Herrera Bower
South Florida East Coast Corridor Coalition
U.S. Conference of Mayors
National League of Cities
Florida League of Cities
International Hispanic Network
International Women's Forum • Arva Moore Parks
FlU Wolfsonian Advisory Board
Greater Miami Convention and Visitors Bureau Executive Committee
Girl Power Honorary Member
Miami-Dade Metropolitan Planning Organization
Miami-Dade County Tourist Development Council
• Citizens' Oversight Committeellnterlocal Agmt for Public School Facility Planning MDC
Commissioner Michael Gongora
Miami Dade League of Cities
Commissioner Deede Weithorn
Miami-Dade County Homeless Trust Board
Victor Diaz
Miami~Dade County Charter Review Task Force
Ricky Arriola
. The Adrienne Arsht Center for the Performing Arts Center Trust
Mitchell Kaplan
. The Adrienne Arsht Center for the Performing Arts Center Trust
Richard Milstein
. The Adrienne Arsht Center for the Performing Arts Center Trust
552
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553
lD MIAMI BEACH -
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager ;t-4 /--
January 16, 2013 /
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS -CITY COMMISSION APPOINTMENTS
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
BOARDS AND COMMITTEES
1. Affordable Housing Advisory Committee
2. Art in Public Places
3. Board of Adjustment
4. Miami Beach Cultural Arts Council
5. Miami Beach Human Rights Committee
6. Normandy shores Local Gov. Neighborhood lmpvr.
7. Personnel Board
Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants have actually
been nominated. The Agenda-Agenda Achieves is located at:
http://miamibeachfl.gov/cityclerk/scroll.aspx?id=66724
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of
the webpage, click on the "Agenda -Agenda Archives" link; thereafter chose the first listed
Commission meeting, and click on City Commission At-Large Nominations.
KGB/REG(!!)
F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 01-16-13.doc
554
Agenda Item R q A I
Date I·U:r 13
THIS PAGE INTENTIONALLY LEFT BLANK
555
R9 -New Business and Commission Requests
R981 Or. Stanley Sutnick Citizen's Forum. (12:30 p.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
AGENDA ITEM: R981-2
DATE: J-Urt3
556
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557
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
N COMMITTEE OF THE WHOLE
MEMORANDUM
FROM:
Mayor Matti Herrera Bower and Members!~he~ity ommission
Kathie G. Brooks, Interim City Manage~~ .
/ .
January 16, 2013
TO:
DATE:
SUBJECT: COMMITTEE OF THE WHOLE -AUDIT COMMITTEE
BACKGROUND
The "Committee Of The Whole" serves as the City's audit committee to review the following
items:
• The External Auditors' reports.
• Internal Audit's annual risk areas I plan.
• Annual Review of Internal Audit findings and status.
Typically, the Committee reviews the status of the City's audits in the spring; however since
the external auditor reports are not usually finalized until July, these reports are typically
discussed around this time along with a discussion of the City's Internal Audit's annual risk
areas I plan.
1. External Auditorts Reeorts for FY 2010/11 {Previously distributed via LTC on
July 13, 2012)
The City's External Auditors are responsible for issuing an opinion after conducting an audit
of the City's financial statements in accordance with Generally Accepted Auditing Standards
and the standards applicable to financial audits contained in the Governmental Auditing
Standards.
The City contracts an external independent audit firm of licensed certified public accountants
to prepare and issue an auditor's opinion after conducting an audit of the City
Comprehensive Annual Financial Report (CAFR) in accordance with Generally Accepted
Auditing Standards and the standards appHcable to financial audits contained in the
Governmental Auditing Standards, issue by the Comptroller General of the United States.
The current firm under contract is McGiadrey & Pullen, LLP.
The audit is conducted and an opinion expressed on the governmental activities, the
business-type activities, the aggregate discretely presented component units, each major
fund, and the aggregate remaining funds information of the City except for the retirement
and pension funds which are audited by other auditors. Florida State Statues requires this
annual audit. The external auditors also perform a Single Audit separate from the CAFR
audit to satisfy the audit requirements imposed by the Single Audit Act and the U.S. Office of
Management and Budget {OMB), Circular A-133 and the Florida Single Audit Act, and
Florida Rules of the Auditor General, Section 10.550.
The external auditors issue a separate management letter, which addresses any
Agenda Item 89 C.
558 Date /~lb-13
recommendations to improve financial management, accounting procedures, and internal
control. Their report on internal controls included any reportable condition and material
weaknesses in the system of which they became aware as a result of obtaining an
understanding of the City's Internal controls and performance of tests of internal controls.
The report of compliance addresses any material errors, fraud, violation of compliance
requirement and other responsibility imposed by state and federal statutes and regulations
which they may be aware. For the past several years, the external auditor's management
letters contained no reportable conditions and/or material weakness only minor
recommendations to improve financial management, accounting procedures and internal
controls.
Further, the external auditors issue separate opinions on the Miami Beach Redevelopment
Agency, (RDA), the Parking Service Fund, the Miami Beach Convention Center and Jackie
Gleason Theater, the Visitor and Convention Authority (VCA}, City of Miami Beach Safe
Neighborhood Parks Bonds Projects, the City of Miami Beach Building Bond Communities
Bond Projects, and the City's Children Trust Fund.
Annually, a Letter to Commission is sent to satisfy the auditors' required communication with
management. Information forwarded with this letter included their Management Letter, the
Single Audit Report, the City's Comprehensive Annual Financial Report and the auditors
required communication with management. Attached as Exhibit 1 is LTC 180~2012 dated
July 13, 2012 containing the required reports for communication with the City Commission.
2. Internal Auditor's Reports
The City's Internal Audit Division, a component of the Office of Budget and Performance
Improvement, is responsible for ensuring:
• Compliance with Resort Tax Ordinances by auditing Miami Beach businesses;
• Compliance with City policies and procedures and financial integrity and sufficiency
of internal controls by Departments and Not-for~Profits;
• Supporting and special projects assisting other City areas; and
• Integrity of performance measures reported Citywide.
The Division is comprised of nine full time staff including four auditors, four field agents and
30% of an office associate (net of time allocated to other divisions within the department,
Grants, Budget and Organizational Development). Three field agents are responsible for
auditing business required to file resort taxes and one field agent is responsible for
sanitation audits of franchise haulers and roll-off operators and administrative functions of
the City's Cleanliness Assessment program. Additionally, the Internal Auditor, Assistant
Internal Auditor, and the office associate also provide support for the resort tax function,
resulting in the equivalent of 2.8 full time employees (FTE's) for the internal audits other than
Parking and Sanitation.
Resort Tax Audits
The majority of resources in the Division are dedicated to auditing the Miami Beach
businesses required to report and remit resort taxes. This effort is supported by
approximately half of the positions in the Division as well as by outside contract auditors.
Resort tax generated for the fiscal year 2011/12 was $54,071,219.
Scheduled audits are based upon the type of business, actual resort tax receipts received,
and the frequency of the last audit. There are approximately 1 ,830 businesses registered to
collect resort taxes. Our goal is to audit the 763 businesses consisting of hotels,
restaurants, nightclubs, and bars at least once every four to five years, approximately 153
2
559
per year. New accounts are to be audited soon after they are opened. The remaining 1,067
accounts representing apartments having less risk are audited much less frequently. The
total combined goal is 250 audits per year.
In fiscal year 2011/12 the Division completed 210 resort tax audits (84% of our total goal) of
which 121 were hotels, restaurants, nightclubs, and bars. Total audits completed fell short
due to the contracted audit firms only performing 68 out of the 100 audits targeted for
completion. The 210 audits resulted in additional tax assessments of $278,579. This
represented 0.63% of the total resort tax reported for these 21 0 entities over the multi-tax
year audited and approximately 0.52% of the total resort tax generated for fiscal year
2011/12. More importantly, the audits serve as a deterrent to ensure compliance with the
City's resort tax ordinances.
Internal Audits
Scheduled audits are those areas targeted by the Internal Audit Division based on a risk
assessment approach. Audits are classified as to high, medium or low risk. Higher
assigned risk areas are subject to more frequent audits, and lower risk areas are often less
frequent. The Parking Department is considered particularly high risk due to the
considerable revenues received and the manner of collection and therefore has resources
dedicated for ongoing audits. The review of waste franchise contractors and roll-off haulers
for compliance with the City's sanitation ordinance also has been made a priority over the
past several years. In addition, inputs for audits in other Departments are obtained from
Directors and the City Manager. In general, our internal audit goals are as follows:
• Audit 90% of the high risk areas approximately once every five years
• Audit 75% of the medium risk areas approximately once every seven years
• Audit 60% of the low risk areas approximately once every ten years.
However, special circumstances are taken into account which may lengthen or shorten the
period. In addition, unplanned projects may impact the schedule in any given year. Annually
required audits include those mandated by City Code and State Agreements, as well as
providing assistance to the City's external auditors.
At previous Finance and City Wide Projects Committee meetings, the Committee
recommended that the administration present a report annually on the status of Department
and Not~For-Profit Internal Audits within the City. Attached is our Status of Audit Areas
through Fiscal Year 2011/12 (Exhibit 1). Audits completed in 2012 are shown in bold.
Overall, twenty-one Department and Not~For-Profit audit areas were completed during fiscal
year 2011/12. That represents 70% completed out of thirty audit areas initially targeted for
the year. Out of the audit areas completed, three audits were added during the year. In
addition, a significant amount of time was dedicated in the analysis of code and fire cases
resulting from the April arrests of seven city employees as part of a criminal investigation.
Other areas including additional time were the supervision of resort tax audits and
coordinating responses to audits of FEMA hurricane grants. The remaining twelve audits
were carried forwarded to next fiscal year. Seventeen of the audits were accomplished by
the staff of 2.8 FTEs in addition to four continuous monitoring audits in parking and
sanitation by two of the staff. Attached is Summary of Internal Audit Activities (Exhibit 2) for
the past fiscal year.
The Finance and Citywide Projects Committee suggested that Committee members have
the opportunity to review the Internal Audit Reports on-line. Reports are listed on-line on the
City's website at http://web.miamibeachfl.gov/obpi/scroll.aspx?id=36612 ..
3
560
Fiscal Year 2012/13 Risk Assessment Areas /Audit Plan
Areas highlighted on the Status of Audit Areas report represent those areas considered for
audits based upon the projected frequency. These highlighted areas are a primary source in
developing the annual audit plan. However, the comments provided also indicate reasons
why areas may not be audited within the projected frequency.
KGB:JJs..-?1
F:\OBPl\$AUDirrERNAl AUDIT Fli.ES\DOC 12-13\A.UD COMIDiscussion of Audits Comm of the Whole 12-12-12.doc
4
561
Exhibit 1 -LTC 180-2012
562
f!l MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 180-2012
TO: Mayor Matti Herrera Bower and
Members of the City Commission
lEITER TO COMMISSION
FROM' Kathie G. Brooks, Interim City Manager/~ fL ·
DATE: July 13, 2012
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SUBJECT: External Auditor's (McGiadrey & Pulen) Annual Audit Report on the City of Miami
Beach (the City) for the period ended September 30, 2011
Attached for your information is the external auditor's report on the City for the fiscal year ended
September 30, 2011. This package includes the following:
A The Report to the Mayor and Members of the City Commission, discussing the Auditor's
required communications to the Mayor and City Commission, summary of recorded audit
adjustments, accounting estimates and, recently issued governmental accounting standards.
The Report also includes the following:
• Exhibit A -Certain written communications between management and the Auditors -
Representation letter;
• Exhibit 8 -McGtadrey & Pullen's Independent auditor's report on compliance with
requirements applicable to each major federal program and state project and on internal
controls over compliance in accordance with OMS Circular A-133 and Chapter 10.550,
Rules of the Auditor General of the State of Florida and Schedule of Expenditures on
Federal Awards and State Financial Assistance; and
• Exhibit 8-McGiadrey & Pullen's management letter, in accordance with the Rules of the
Auditor General of the State of Florida, to the Mayor and Members of the City
Commission.
8. The City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended
September 30, 2011.
If you have any questions or need additional information please contact Patricia Walker at 305-673-
7574
563
564
July 9, 2012
The City of Miami Beach, Flor!da
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: The Honorable Mayor and Members of the City Commission
We are pleased to present this report related to our audit of the financial statements of the City of Miami
Beach, Florida (the "City") for the year ended September 30, 2011. In addition to our report on your
financial statements which was modified to refer to the use of other auditors related to the City of Miami
Beach Florida Employees· Retirement Plan, the City of Miami Beach Florida Pension Fund for Firefighters
and Pollee Officers, the Firemen's Relief and Pension Fund, and the Policemen's Relief and Pension
Fund (collectively, the Plans), the Visitor and Convention Authority and the Miami Beach Convention
Center as managed by Global Spectrum, we have provided, under separate cover, a letter, dated March
30, 2012, concerning whether there were any significant deficiencies and material weaknesses in internal
control that we noted during our audit of the City of Miami Beach, Florida's (the "City") basic financial
statements for the year ended September 30, 2011. This report summarizes certain matters required by
professional standards to be communicated to you in your oversight responsibility for the City's financial
reporting process. Also included is a summary of recently issued accounting standards that may affect
future financial reporting by the City.
This report is intended solely for the information and use of the Mayor and Members of the City
Commission and management and is not intended to be and should not be used by anyone other than
these specified parties. It will be our pleasure to respond to any questions you have about this report.
We appreciate the opportunity to continue to be of service to the City.
tr"".-"lHi:»:;l Di U'it~ t~·;r.~ tnt<-m.:ttl\ml)i Hi"t\.:<lr•tk ul md•:f4_,.rJ~1m ;;.:r:,J.unH:r1~·! un· :t)\d <•'Jnwh!nn fi::n.;.
565
Required Communications ......................................................................................................................... 1-2
Summary of Accounting Estimates ...................................................................................................... 3-4
Recently Issued Accounting Standards ............................................................................................... 5-6
Exhibit A-Certain Written Communications Between Management and Our Firm
Exhibit B-Single Audit Reports in Accordance with OMB-Circular A-133 and the Florida
Single Audit Act and Management Letter in Accordancee with the Rules of the Auditor
General of the State of Florida
566
Statement on Auditing Standards No. 114 requires the auditor to communicate certain matters to keep
those charged with governance adequately informed about matters related to the financial statement
audit that are, in our professional judgment, significant and relevant to the responsibilities of those
charged with governance in overseeing the financial reporting process. The following summarizes these
communications.
Area
Auditor's Responsibility Under
Professional Standards
Accounting Practices
Management's Judgments and
Accounting Estimates
Financial Statement Disclosures
Comments
Our responsibility under auditing standards generally accepted
in the United States of America Government Auditing
Standards issued by the Comptroller General of the United
States; the provisions of the Single Audit Act; OMB Circular A-
133; OMB's Compliance Supplement has been described to
you in our arrangement letter dated October 26, 2006.
Adoption of, or Change in, Accounting Policies
Management has the ultimate responsibility for the
appropriateness of the accounting policies used by the City.
In the current year, the City did not adopt any new
Governmental Accounting Standards Board (GASB)
Statements.
Significant or Unusual Transactions
We did not identify any significant or unusual transactions or
significant accounting policies in controversial or emerging
areas for which there is a lack of authoritative guidance or
consensus.
Alternative Treatments Discussed with Management
We did not discuss with management any alternative
treatments within generally accepted accounting principles for
accounting policies and practices related to material items
during the current audit period. ·
Summary information about the process used by management
in formulating particularly sensitive accounting estimates and
about our conclusions regarding the reasonableness of those
estimates is in the attached "Summary of Accounting
Estimates.»
We did not identify any items relating to the neutrality,
consistency, and clarity of the disclosures in the financial
statements which we deemed are required to be discussed
with the City's Management
Page 1
567
Area
Audit Adjustments
Uncorrected Misstatements
Disagreements with Management
Consultations with Other
Accountants
Significant Issues Discussed with
Management
Difficulties Encountered in
Performing the Audit
Certain Written Communications
Between Management and Our
Firm
Comments
There were no audit adjustments.
There are no uncorrected misstatements.
We encountered no disagreements with management over the
application of significant accounting principles, the basis for
management's judgments on any significant matters, the
scope of the audit, or significant disclosures to be included in
the financial statements.
We are not aware of consultations management had with other
accountants about accounting or auditing matters.
No significant issues arising from the audit were discussed or
were the subject of correspondence with management.
We did not encounter any difficulties in dealing with
management during the audit
Copies of certain written communications between our firm
and the management of the City are attached as Exhibit A
Page 2
568
f
Accounting estimates are an integral part of the preparation of financial statements and are based upon
management's current judgment. The process used by management encompasses their knowledge and
experience about past and current events and certain assumptions about future events. You may wish to
monitor throughout the year the process used to determine and record these accounting estimates. The
following describes the significant accounting estimates reflected in the City's September 30, 2011
financial statements:
Depreciation of
Capital Asset
Allowance for
Doubtful Accounts
Other post~
employment benefit
Depreciation on capital
assets is provided using
the straight-line method.
leasehold
improvements are
amortized on a straight-
line basis over the
shorter of the lease term
or estimated useful life
of the assets.
All trade and other
receivables are reported
at net realizable value.
The net OPEB
obligation/( asset)
reported for the
difference between the
annual required
contribution and the
actual contributions
made by the City.
Capital assets are
recorded at historical
cost or estimated
historical cost and
depreciated using the
straight-nne method
over the estimated
usefulltves of the
related assets.
Receivables are
analyzed for their
collectability based on
the creditors' ability to
pay (i.e. financial
condition, credit history,
and current economic
conditions).
The City has informed
us they used all the
relevant facts available
to them at the time to
determine the
assumptions used by
the actuary in
calculating the City's
Annual Required
Contribution and have
approved the results of
the actuarial
determination.
569
: We have audited the
underlying data
supporting the estimate
and believe the resulting
estimate to be
reasonable.
We have audited the
underlying data
supporting the estimate
and believe the resulting
estimate to be
reasonable.
We have audited the
underlying data
supporting the estimate
and believe the resulting
estimate to be
reasonable.
Page 3
Risk Management
Pension Plans
The City is partially self-
insured for general and
auto liability, property,
workers' compensation,
and employees' health
and dental. The
accrued liability for
estimated claims
represents an estimate
of the eventual loss on
claims including claims
incurred but not yet
rep()rted .....
A net pension
obligation/(asset) is
reported for the
difference between the
annual required
contribution and the
actual contributions
made by the City.
Management with input
from its Risk actuary
developed the actuarial
assumptions based on
relevant criteria.
Management reviewed
and approved the
financial statement
estimates derived from
the Risk actuarial report.
The City has informed
us that they used all the
relevant facts available
to determine the
assumptions used by
the actuary in
calculating the City's
Annual Required
Contribution and have
approved the results of
the actuarial
determination.
570
We have audited the
underlying data
supporting the estimate
and believe the resulting
estimate to be
reasonable.
We have audited the
underlying data
supporting the estimate
and believe the resulting
estimate to be
reasonable.
Page 4
The GASB has issued several statements not yet implemented by the City. The City's management has
not yet determined the effect these Statements will have on the City's financial statements. However, the
City plans to implement all standards by the required dates. The Statements which might impact the City
are as follows:
GASB Statement No. 60, Accounting and
Financial Reporting for Service
Concession Arrangements.
GASB Statement No. 61, Financial
Reporting Entity: Omnibus
GASB Statement No. 62, Codification of
Accounting and Financial Reporting
Guidance Contained in Pre-November 30,
1989 FASB and A/CPA Pronouncements
This Statement, issued November 2010, will be
effective for the City beginning with its year ending
2013 (effective for periods beginning after December
15, 2011.) This Statement addresses how to account
for and report service concession arrangements
(SCAs), a type of public-private or public-public
partnership that state and local governments are
increasingly entering into.
The Statement, issued November 2010, will be
effective for the City beginning with its year ending
2013 (effective for periods beginning after June 15,
2012.} The objective of this Statement is to modify
certain requirements for Inclusion of component units
in the financial reporting entity. This Statement also
amends the criteria for reporting component units as if
they were part of the primary government (that is,
blending) in certain circumstances. This Statement
also clarifies the reporting of equity interests in legally
separate organizations. It requires a primary
government to report its equity interest in a component
unit as an asset
This Statement, issued December 2010, will be
effective for the City beginning with its fiscal year
ending September 30, 2013. The objective of this
Statement is to incorporate into the GASB's
authoritative literature certain accounting and financial
reporting guidance that Is included in the following
pronouncements issued on or before November 30,
1989, which does not conflict with or contradict GASB
pronouncements: (1) Financial Accounting Standards
Board {FASB) Statements and Interpretations; (2)
Accounting Principles Board Opinions; and (3)
Accounting Research Bulletins of the American
Institute of Certified Public Accountants' (AICPA)
Committee on Accounting Procedure.
Page 5
571
GASB Statement No. 63, Financial
Reporting of Deferred Outflow, Deferred
Inflows of Financial Resources and Net
Position
GASB Statement No. 64, Derivative
Instruments: Application of Hedge
Accounting Termination Provisions-an
amendment of GASB 53
This Statement, issued June 2011, will be effective for
the City beginning with its fiscal year ending
September 30, 2013. The objective of this Statement
is to provide a framework that specifies where deferred
outflows of resources and deferred inflows of
resources-as well as assets and liabilities-should be
displayed. The Statement also discusses how net
position-no longer net assets-should be displayed.
Ultimately, this new framework wm serve to
standardize the presentation of deferred balances and
their effects on a government's net position and
address uncertainty related to their display.
This Statement, issued June 2011, will be effective for
the City beginning with its fiscal year ending
September 30, 2012. The objective of this Statement
is to clarify whether an effective hedging relationship
continues after the replacement of a swap
counterparty or a swap counterparty's credit support
provider. This Statement sets forth criteria that
establish when the effective hedging relationship
continues and hedge accounting should continue to be
applied.
PageS
572
573
~ MIAMI BEACH "="'"
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
OFFICE OF THE CITY MANAGER
Ph: 305-673-7010
March 30, 2012
· McGiadrey & Pullen, LLP
801 Brickell Avenue, suite 1050
Miami, Fl 33131
In connection with your audit of the financial statements of the governmental activities,
the business-type activities, the aggregate discretely presented component units, each
major fund, and the aggregate remaining fund information of the City of Miami Beach,
Florida, (the "City") as of and for the year ended September 30, 2011 we confirm that
we are responsible for the fair presentation in the financial statements of financial
. position, changes in financial position, and cash flows in conformity with accounting
principles generally accepted in the United States of America.
We confirm to the best of our knowledge and belief, as of the date of this letter, the
following representations made to you during your audit.
1. The financial statements referred to above are fairly presented in conformity with
accounting principles generally accepted in the United States of America.
2. We have identified for you all organizations that are part of this reporting entity or
with which we have a relationship, as these organizations are defined in Section
2100 of the Governmental Accounting Standards Board Codification of
Governmental Accounting and Financial Reporting Standards that are
Component units. The City's Blended Component Units and two Discrete
Component Units are properly presented in the financial statements.
3. We are not a component unit of any other government, as this term is defined in
Section 2100 of the Governmental Accounting Standards Board's Codification of
Governmental Accounting and Financial Reporting Standards.
4. We do not meet the definition of an other organization, as defined in Section
2100 of the Governmental Accounting Standards Board's Codification of
Governmental Accounting and Financial Reporting Standards.
5. We do not have a joint venture relationship with any other organization, as
defined in Section 2100 of the· Governmental Accounting Standards Board's
Codification of Governmental Accounting and Financial Reporting Standards.
574
McGiadrey & Pullen, LLP
Page 2
6. We are not a jointly governed organization, as this term is defined in Section
2100 of the Governmental Accounting Standards Board's Codification of
Governmental Accounting and Financial Reporting Standards.
7. We have identified for you all of our funds, governmental functions, and
identifiable business~type activities.
8. We have properly classified all funds and activities.
9. We have properly determined and reported the major governmental and
enterprise funds based on the required quantitative criteria.
10. We are responsible for compliance with laws and regulations applicable to the
City including adopting, approving, and amending budgets.
11 . We have identified and disclosed to you all laws and regulations that have a
direct and material effect on the determination of financial statement amounts
including legal and contractual provisions for reporting specific activities in
separate funds.
12. We have made available to you:
a. All financial records and related data of all funds and activities, including
those of all special funds, programs, departments, projects, activities, etc., in
existence at any time during the period covered by your audit.
b. All minutes of the meetings of the governing board and committees of board
members or summaries of actions of recent meetings for which minutes have
not yet been prepared.
c. All communications from grantors, lenders, other funding sources or
regulatory agencies concerning noncompliance with:
(1) Statutory, regulatory or contractual provisions or requirements.
(2) Financial reporting practices that could have a material effect on the
financial statements.
13. We have no knowledge of fraud or suspected fraud affecting the entity involving:
a. Management or employees who have significant roles in the internal control.
b. Others where the fraud could have a material effect on the financial
statements.
14. We have not received any communications from employees, former employees,
regulators, vendors or others of any allegations of fraud or suspected fraud
affecting the City.
15. We acknowledge our responsibility for the design and implementation of
programs and controls to provide reasonable assurance that fraud is prevented
and detected.
16. We are aware of no significant deficiencies, including material weaknesses, in
the design or operation of internal controls that could adversely affect the entity's
ability to record, process, summarize, and report financial data, except as ~
a.\'\
We ore commillad lo providing exo:llent public sorvice and safettlo ol! who live. work. ond ploy !n our vibrant. lropk:uL ltisJorlc community.
575
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McGiadrey & Pullen, LLP
Page 3
reported in your compliance and internal control letters.
17. There have been no communications from regulatory agencies concerning
noncompliance with, or deficiencies in, financial reporting practices.
18. We have no plans or intentions to engage in any activity that may materially
affect the carrying value or classification of assets and liabilities.
19. The following have been properly recorded and/or disclosed in the financial
statements, where applicable:
a. Related party transactions, including those as defined in Section 2100 of the
Governmental Accounting Standards Board's Codification of Governmental
Accounting and Financial Reporting Standards, and interfund transactions,
including interfund accounts and advances receivable and payable, sale and
purchase transactions, interfund transfers, long-term loans, leasing
arrangements and guarantees, all of which have been recorded in
accordance with the economic substance of the transaction and appropriately
classified and reported.
b. Security agreements in effect under the Uniform Commercial Code.
c. Any other liens or encumbrances on assets or revenues or any assets or
revenues which were pledged as collateral for any liability or which were
subordinated in any way.
d. The fair value of investments.
e. Amounts of contractual obligations for construction and purchase of real
property or equipment not included in the liabilities or encumbrances recorded
on the books.
f. Any liabilities which are subordinated in any way to any other actual or
possible liabilities.
g. Debt issue provisions and bond refunding amounts.
h. All leases and material amounts of rental obligations under long-term leases.
i. All significant estimates known to management which are required to be
disclosed in accordance with the AICPA's Statement of Position 94-6,
Disclosure of Certain Significant Risks and Uncertainties. Significant
estimates are estimates at the balance sheet date which could change
materially within the next year.
j. Risk financing activities.
k. Deposits and investment securities categories of risk.
I. Pollution remediation obligations as required under GASB Statement No. 49.
m. Defined benefit plans and other post employment benefit plans.
n. Line of credit or similar arrangements.
o. Authorized but unissued bonds and/or notes.
\No oro commitlod fo providing excellent public service and safely to oil who live, work, ond play in our vibron!, ftopical. historic wmmvnily,
576
McGiadrey & Pullen, LLP
Page4
20. We are responsible for making the accounting estimates included in the financial
statements. Those estimates reflect our judgment based on our knowledge and
experience about past and current events and our assumptions about conditions
we expect to exist and courses of action we expect to take. In that regard,
adequate provisions have been made:
a. To reduce receivables to their estimated net collectable amounts.
b. For risk retention, including uninsured losses or loss retentions (deductibles)
attributable to events occurring through September 30, 2011 and/or for
expected retroactive insurance premium adjustments applicable to periods
through September 30, 2011.
c. For pension obligations. post-retirement benefits other than pensions and
deferred compensation agreements attributable to employee services
rendered through September 30, 2011.
No provision is required:
a. To reduce obsolete, damaged, or excess inventories to their estimated net
realizable values.
b. To reduce investments, intangibles, and other assets which have permanently
declined in value to their realizable values.
21. There are no:
a. Material transactions that have not been properly recorded in the accounting
records underlying the financial statements. For purposes of this
representation, we consider items to be material, regardless of their size lf
they involve the misstatement or omission of accounting information that in
light of surrounding circumstances makes it probable that the judgment of a
reasonable person relying on the information would be changed or influenced
by the omission or misstatement.
b. Violations or possible violations of laws or regulations whose effects should
be considered for disclosure in the financial statements or as a basis for
recording a loss contingency. In that regard, we specifically represent that we
have not been designated as, or alleged to be, a "potentially responsible
party" by the Federal Environmental Protection Agency or any equivalent
state agencies in connection with any environmental contamination.
c. Unasserted claims or assessments beyond what we included in the City's self
insurance program, that our lawyer has advised us are probable of assertion
and must be disclosed in accordance with Statement of Financial Accounting
Standards No. 5 and/or GASB Statement No. 10.
d. Guarantees, whether written or oral, under which the Government is
contingently liable.
e. Arrangements with financial institutions involving compensating balances or
other arrangements involving restrictions on cash balances.
\life ore commHted lo providing excellefll public 5ervice and safely !o oil wlro live. work and pia'/ in our vibrcml, !ropicol, historic community.
577
McGiadrey & Pullen, LLP
Page 5
f. Agreements to repurchase assets previously sold.
g. Debt issue repurchase options or agreements, or sinking fund debt
repurchase ordinance requirements.
h. Special and extraordinary items.
i. Impairment of capital assets.
J. Material losses to be sustained in the fulfillment of, or from the inability to
fulfill, any service commitments.
k. Material losses to be sustained as a result of purchase commitments.
I. Arbitrage liabilities.
m. Derivative financial instruments.
n. Material environmental clean-up obligations.
22.1n connection with your audit, conducted in accordance with Government
Auditing Standards, we confirm:
a. We are responsible for:
i. Compliance with the laws, regulations, and provisions of contracts and
grant agreements applicable to the City.
ii. Establishing and maintaining effective internal control over financial
reporting.
b. We have identified and disclosed to you:
i. All laws, regulations. and provisions of contracts and grant agreements
that have a direct and material effect on the determinations of financial
statement amounts or other financial data significant to audit objectives.
ii. Violations (and possible violations) of laws, regulations, and provisions of
contracts and grant agreements whose effects should be considered for
disclosure in the auditor repository or noncompliance.
c. We have no violations of provisions of contracts or grant agreements that
have been reported.
d. We have a process to track the status of audit findings and
recommendations.
e. We have identified for you previous financial audits, performance audits, or
other studies related to the objectives of the audit being undertaken and the
corrective action taken to address significant findings and recommendations.
23. We have no direct or indirect, legal or moral, obligation for any debt of any
organization, public or private or to special assessment bond holders that is not
disclosed in the financial statement.
24. We have satisfactory title to all owned assets.
\No ore commi!led fo providing oxcelien! public service and sa[;,•ty lo oil v;.f1o live, v;nrk, and play in our vibrant I!Opicol, historic community,
578
McGiadrey & Pullen, LLP
Page6
25. We have complied with all aspects of contractual agreements that would have a
material effect on the financial statements in the event of noncompliance.
26. Net asset components (invested in capital assets, net of related debt; restricted
included and not limited to excess building permit fees; and unrestricted} are
properly classified and, if applicable, approved.
27.GASB 54 establishes fund balance classifications (nonspendable, restricted,
committed, assigned and unassigned) that comprise a hierarchy based primarily
on the extent to which a government is bound to observe constraints imposed
upon the use of the resources reported in governmental funds. Fund balance for
governmental funds in each of the aforementioned categories is properly
classified and disclosed in accordance with GASB 54 and if applicable,
approved.
28. Expenses have been appropriately classified in or allocated to functions and
programs in the statement of activities, and allocations have been made on a
reasonable basis.
29. Revenues are appropriately classified in the statement of activities within
program revenues and general revenues.
30. Capital assets, including infrastructure assets, are properly capitalized, reported,
and depreciated.
31. Required supplementary information is properly measured and presented.
32. There are no unasserted claims or assessments that our lawyers have advised
us are probable of assertion and must be disclosed in accordance with
Statement of Financial Accounting Standards No. 5 and/or GASB Statement No.
10.
33.We are responsible for and have reviewed and approved the proposed
adjustments to the trial balances identified during the audit and will post all
adjustments accordingly.
34. The City has complied with the provisions of Section 218.415, Florida Statutes
regarding the investment of public funds.
35. The City is not in a state of emergency based upon the conditions described in
Section 218.503(1), Florida Statutes.
36. Management has assessed the financial condition of the City and noted no
deteriorating financial condition.
Except for the issuance of Stormwater revenue bonds and refunding bonds on
December 7, 2011, and the issuance of General Obligation Bonds on December 1,
2011, there are no events or transactions that have occurred subsequent to the balance
sheet date and through the date of this letter that would require adjustment to, or
disclosure in, the financial statements.
During the course of your audit, you may have accumulated records containing data
VVe ore commil!ed to providing excellenl pvblic service ond safely to all who live, wo1k. and piO)' in our vib:anf. tropical, hislo•ic community.
579
McGiadrey & Pullen, LLP
Page 7
which should be reflected in our books and records. All such data have been so
reflected. Accordingly, copies of such records in your possession are no longer needed
by us.
The City of Miami Beach, Florida
Patricia D. Walker
Chief Financial Officer
Allison R. w;,0!,~r
Chief Accountant
\Nu ote commilled to prov;ding excel.fonl public ~ervice and safety lo ail who l:vo, work, and play in our vibronl, ltopicol, h•slotic communi~!
580
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, F!or!do 33139, www.miomibeochfl.gov
FINANCE DEPARTMENT
Tel: 305-673-7000 Fox: 305.673.7795
June 7, 2012
McGiadrey & Pullen, LLP
801 Brickel! Avenue, suite 1050
Miami, F! 33131
In connection with your audit of federal awards and state projects as of and for the year ended September 30,
2011 conducted in accordance with OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations, and Chapter 10.550, Rules of the Auditor General, we confirm:
1. a. We are responsible for complying, and have complied in aU material respects with the
requirements of Circular A~133 and Chapter 10.550, Rules of the Auditor General.
b. We have prepared the schedule of expenditures of federal awards and state projects in
accordance with Circular A-133 and Chapter 10.550, Rules of the Auditor General and have
included expenditures made during the period being audited for an awards provided by federal
agencies in the form of grants, federal cost~reimbursement contracts, loans, loan guarantees,
property (including donated surplus property, cooperative agreements, Interest subsidies,
insurance, food commodities, direct appropriations, and other assistance.
c. We are responsible for establishing and maintaining, and have established and maintained,
effective internal control over compliance for federal programs and state projects that provides
reasonable assurance that the City is managing federal awards and state projects in compliance
with laws, regulations, and the provisions of contracts ·or grant agreements that could have a
material effect on our federal programs and state projects. ·
d. We are responsible for complying with the requirements of laws, regulations, and the provisions of
contracts and grant agreements related to each of the City's federal programs and state projects
and have complied, in all material respects, with those requirements.
e. We have identified and disclosed to you the requirements of laws, regulations, and the provisions
of contracts and grant agreements that are considered to have a direct and material effect on
each major program.
t, We have provided you with our interpretations of any compliance requirements that have varying
interpretations.
g. We have made available all contracts and grant agreements {including amendments, if any) and
any other correspondence that has taken place with federal agencies or pass-through entities
Wo ~ ro•miiOd < P"'""'w ~~'""' ,;VI< -. ood ooioly b o.! who •~. ~1k, ood ploy /1 OJ< 0b""'· .J~p<ol, IJ/>100' ""'m"'Y ~ Y ';
581
McGladrey & Pullen, LLP
Page 2 of 3
related to federal programs and state projects.
h. We have identified and disclosed to you all amounts questioned and any known noncompliance
with the requirements of federal awards and state projects, Including those resulting from other
audits or program reviews.
i. We have charged costs to federal awards and state projects in accordance with applicable cost
principles.
j. We have made available to you aU documentation related to the compliance requtrements,
including information related to federal program and state projects financial reports and claims for
advances and reimbursements.
k. Federal program and state projects financial reports and claims for advances and reimbursements
are supported by the books and records from which the basic financial statements have been
prepared.
L The copies of federal program and state projects financial reports provided to you are true copies
of the reports .submitted, or electronically transmitted, to the federal and state agency or pass-
through entity, as applicable ..
m. We are responsible for and have accurately prepared the summary schedule of prior audit findings
to include all findings required to be included by Circular A-133 and Chapter 10.550, Rules of the
Auditor General.
n. We have provided you with all information on the status of the follow-up on prior audit findings by
federal awarding agencies and pass-through entities, including all management decisions.
o. We have accurately completed the appropriate sections of the data collection form.
p. We have disclosed aH contracts or other agreements with service organizations.
q. We have disclosed to you all communications· from service organizations relating to
noncompliance at those organizations.
r, We have disclosed any known noncompliance occurring subsequent to the period for which
compliance !s audited. ·
s. We have disc!osed whether any changes in internal control over compliance or other factors that
might significantly affect Internal control, including any corrective action taken by management
with regard to significant deficiencies {including material weaknesses), have occurred subsequent
of the date as of which compliance fs audited.
t. We have monitored subrecipients to determine that they have expended pass-through assistance
in accordance with applicable laws and regulations and have met the requirements of Circular A-
133 and Chapter 10.550, Rufes of the Auditor General.
u. We have issued management decisions on a timely basis after our receipt of subrecipients'
auditors reports that identified noncompliance with laws, regulations, or the provisions of contracts
or grant agreements, and we have ensured that subrecipients have taken the appropriate and
timely corrective actlon on findings. ·
2. Unless disclosed to you, there have been no complaints filed with or concerning our compliance with ?-\-;
the provisions of: . ~
We ore commifled lo providing excellenl public seNice ond safety lo oil wl!o live, work, ond ploy In our vibronl, tropical, l1is!oric community.
582
McG!adrey & Pullen, LLP
Page 3 of 3
a. Davis"Bacon Act relative to payment of prevailing wage rates.
b. Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970 relative
to acquisition or real property and the relocation of occupants of acquired property.
3. We have acknowledged the findings as described in the single audit report and the management letter
and have provided responses and planned corrective actions accordingly.
The City of Miami Beach, Florida
--({'vf ;{ · n d ~ ·' 'lbv~··
Patricia D. Walker
Chief Financial Officer
Hilda mandez ~
·Assistant City Manager
Allisoo0i~
Chief Accountant
\Ale ore commilled /o providing exc<;llenl public ser;Jce ond ~o{efy lo oil who live. work. ond ploy in our vibror.J, lropicol, his!ork commtmily.
583
it
584
l
l
City of Miami Beach, Florida
Single Audit Reports in Accordance With OMB Circular A-133 and
Chapter 10.550, Rules of the Auditor General of the State of Florida
September 30, 2011
585
Contents
Independent Auditor's Report
on Internal Control Over Financial Reporting
and on Compliance and Other Matters Based on an Audit
of Financial Statements Performed in Accordance With
Government Auditing Standards
Independent Auditor's Report
on Compliance With Requirements That Could Have a Direct
and Material Effect on Each Major Program and State Project
and on Internal Control Over Compliance in Accordance
With OMB Circular A-133 and Chapter 10.550,
1-2
Rules of the Auditor General, State of Florida 3 -5 --~~~~~~~~~~~~~~~-----------------------------.------~
Schedule of Expenditures of Federal Awards and State Financial Assistance 6-8
Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance 9
Schedule of Findings and Questioned Costs 10-16
Schedule of Prior Year Audit Findings 17-18
586
Independent Auditor's Report
on Internal Control Over Financial Reporting
and on Compliance and Other Matters Based on an Audit
of Financial Statements Performed in Accordance With
Government Auditing Standards
The Honorable Mayor and City Commissioners
City of Miam! Beach, Florida
We have audited the financial statements of the governmental activities, the business-type activities, the aggregate
discretely presented component units, each major fund, and the aggregate remaining fund information of the City of
Miami Beach, Florida (the "City") as of and for the year ended September 30, 2011, which collectively comprise the
City's basic financial statements and have issued our report thereon dated March 30, 2012. Our report included
references to other auditors. We conducted our audit in accordance with auditing standards generally accepted in the
United States of America and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. Other auditors audited the financial statements
of the Visitor and Convention Authority; the Miami Beach Convention Center as managed by Global Spectrum
("Global Spectrum"); the City of Miami Beach Florida Employees' Retirement Plan; the City of Miami Beach Florida
Pension Fund for Firefighters and Police Officers; the Firemen's Relief and Pension Fund; and the Policemen's Relief
and Pension Fund, as described in our report on the City's financial statements. This report does not include the
results of the other auditors' testing of internal controls over financial reporting or compliance and other matters that
are reported on separately by those auditors. The financial statements of Global Spectrum, the City of Miami Beach
Florida Employees' Retirement Plan; the City of Miami Beach Florida Pension Fund for Firefighters and Police
Officers; and the Miami Beach Policeman's Relief and Pension Fund, audited by other auditors, were not audited in
accordance with Government Auditing Standards.
Internal Control Over Financial Reporting
Management of the City is responsible for establishing and maintaining effective internal control over financial
reporting, In planning and performing our audit, we considered the City's internal control over financial reporting as a
basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but
not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting.
Accordingly, we do not express an opinion on the effectiveness of the City's internal control over financial reporting.
A deficiency in internal control exists when the design or operation of a control does not allow management or
employees, in the normal course of performing their assigned functions, to prevent, or detect and correct
misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal
control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will
not be prevented, or detected and corrected on a timely basis,
Our consideration of internal control over financial reporting was for the limited purpose described in the first
paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting
that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in
internal control over financial reporting that we consider to be material weaknesses, as defined above.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's financial statements are free of material
misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant
agreements, noncompliance with which could have a direct and material effect on the determination of financial
statement amounts. However, providing an opinion on compHance with those provisions was not an objective of our
audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of
noncompliance or other matters that are required to be reported under Government Auditing Standards.
We noted certain matters that we reported to management of the City in a separate letter dated March 30, 2012.
This report is intended solely for the information and use of the Honorable Mayor, the Members of the City
Commission, management of the City, the Auditor General of the State of Florida, federal and state awarding
agencies and pass-through entities, and is not intended to be, and should not be used by anyone other than these
specified parties.
Miami, Florida
March 30, 2012
2
588
Independent Auditor's Report
on Compliance With Requirements That Could Have a Direct
and Material effect on Each Major Program and State Project
and on Internal Control Over Compliance In Accordance
With OMS Circular A-133 and Chapter 10.550,
Rules of the Auditor General, State of Florida
The Honorable Mayor and City Commissioners
City of Miami Beach, Florida
Compliance
We have audited the City of Miami Beach, Florida (the "City") compliance with the types of compliance requirements
described in the OMB Circular A-133 Compliance Supplement and the requirements described in the Department of
Financial Services' State Projects Compliance supplement, that could have a direct and material effect on each of the
City's major federal programs and each of its major state projects for the year ended September 30, 2011. The City's
major federal programs and state projects are identified in the summary of auditor's results section of the
accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations,
contracts, and grants applicable to each of its major federal programs and state projects is the responsibility of the
City's management. Our responsibility is to express an opinion on the City's compliance based on our audit.
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States
of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller Genera! of the United States; OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations; and Chapter 10.550, Rules of the Auditor General, State of Florida. Those standards, OMB Circular
A-133 and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain
reasonable assurance about whether noncompliance with the types of compliance requirements referred to above
that could have a direct and material effect on a major federal program or major state project occurred. An audit
includes examining, on a test basis, evidence about the City's compliance with those requirements and performing
such other procedures as we considered necessary in the circumstances. We believe that our audit provides a
reasonable basis for our opinion. Our audit does not provide a legal determination of the City's compliance with
those requirements.
In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that
could have a direct and material effect on each of its major federal programs and its major state projects for the year
ended September 30, 2011. However, the results of our auditing procedures disclosed instances of noncompliance
with those requirements, which are required to be reported in accordance with OMB Circular A-133 and Chapter
10.550, Rules of the Auditor General, and which are described in the accompanying schedule of findings and
questioned costs as items CF 2011-01, CF 2011-02 and CF 2011-03.
3
t,tl:j 1"\.n>:·t <ri H'l>t H·~M!Oh:tn~Hrm .. ~t JH~~· • ..;M~; fd l{,~i<:·p•r<Jrd.:.·nt ;.;(;{f,HHtl:ti<]," t:H ~~nd n.:.t~·ulH~'Il h, Hl't
589
Internal Control Over Compliance
The Management of the City is responsible for establishing and maintaining effective internal control over compliance
with requirements of laws, regulations, contracts, and grants applicable to federal programs and state projects. In
planning and performing our audit, we considered the City's internal control over compliance with requirements that
could have a direct and material effect on a major federal program or major state project to determine the auditing
procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over
compliance in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, but not for the
purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not
express an opinion on the effectiveness of the City's internal control over compliance.
A deficiency in internal control over compliance exists when the design or operation of a control over compliance
does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or
detect and correct, noncompliance with a type of compliance requirement of a federal program or state project on a
timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies,
in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type
of compliance requirement of a federal program or state project will not be prevented, or detected and corrected on a
timely basis.
Our consideration of internal control over compliance was for the llmited purpose described in the first paragraph of
this section and was not designed to identify an deficiencies in internal control over compliance that might be
deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies over compliance
that we consider to be material weaknesses, as defined above. However, we identified certain deficiencies in internal
control over compliance that we consider to be significant deficiencies as described in the accompanying Schedule of
Findings and Questioned Costs, as items IC 2011-01 and IC 2011-02. A significant deficiency in internal control
over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of
compliance requirement of a federal program or state project that is less severe than a material weakness in internal
control over compliance, yet important enough to merit attention by those charged with governance.
The City's responses to the findings identified in our audit are described in the accompanying schedule of findings
and questioned costs. We did not audit the City's response and, accordingly, we express no opinion on it
Schedule of Expenditures of Federal Awards and State Financial Assistance
We have audited the financial statements of the governmental activities, the business-type activities, the aggregate
discretely presented component units, each major fund, and the aggregate remaining fund information of the City as
of and for the year ended September 30, 2011 and have issued our report thereon dated March 30, 2012. Our report
was modified to include a reference to other auditors. Our audit was performed for the purpose of forming our
opinions on the financial statements that collectively comprise the City's basic financial statements. The
accompanying schedule of expenditures of federal awards and state financial assistance is presented for purposes of
additional analysis as required by OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General, and is not
a required part of the basic financial statements. Such information has been subjected to the auditing procedures
applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in
refation to the basic financial statements taken as a whole.
4
590
This report is Intended solely for the information and use of the Honorable Mayor, the Members of the City
Commission, management of the City, the Auditor General of the State of Florida, federal and state awarding
agencies, and pass~through entities, and is not intended to be and should not be used by anyone other than these
specified parties.
Miami, Florida
June 7, 2012, except for the Schedule of Expenditures
of Federal Awards and State Financial Assistance which is dated March 30, 2012.
5
591
City of Miami Beach, Florida
Schedule of Expenditures of Federal Awards and State Financial Assistance
Year Ended September 30, 2011 -------------------------------------------------------
FederalfState Grantor/Pass-Through Entity
Program Title
F ederai Grants:
U.R Department of Housing ar,d Urban Development
Direct Programs:
Comm®ity Development Block Gran!! EntiUement Grants
Community Development Bleck Grant! En!il!emer,J Grants (NSP3)
Home investment Partnership Program
Community Development Block Gran!S~Seclion 108loa.~ Guarantees
ARRA-Community Develcpmet•l Block Grant Recovery ARRA Entitlement Grants
(CDBG-R} Re<:overy Act Funded
ARRA-Homeless Prevention and Rapid Rehousing Program
F'ass-lhrough DepL Community Affairs -Pass through -Miami Dade County:
&upportive Housing Program
Community Development Block Grant.ORI-Villa Maria
Community Development Block Grant-DR! Flamingo Park Neighborhood Improvements
Pass-through Department of Commun~y Affairs:
Community Development Block Grants-Neighborhood Stabiazation Prc9ram
Total U.S. Department of Housing and
Urban Development
U$ Department o! Justice:
Direct Program:
Par! E -Developing, Testing and Demonstrating Pcomising New Programs-.Juvenile Justice and
O<tlinquency Prevention -Teen Club
PartE·· Developing, Testing and Demonstrating Promising New Programs-Juvenile Justice and
Delinquency Prevention -Teen Club Salary
Congressionaijy Recommended Awards-Teen Club 2010
Edward Byrne Memorial Justice Assistance Grant Program -JAG
ARRA-Edward Byrne Memorial Juslica AssistaP.ce (JAG-CADIRMS)
Federal Equitable Sharing Agreement
Community Oriented Po,cing Services:
Public Safety Partnership and Community Policing Gran!$-Child Sexual Predator Prog •am
National Institute of Justice:
National Institute of ,ius!ice Research, Evaluatlon. and Deve!opment-Poiice Homicide Cold Case
Bulletproofvest Partnership/Body Armor Safety lni!iative
Bulletproof Vest Partnership Program
Pass-Thro~gh State of Flmida!Miami-Dade County:
Edward Byrne Memoria! Justice Assistance Grant Program-Byrne Crim:nal Justice Records
Total U.S. Department of Justlei!
(Continued}
6
592
CFDAI
CSFA
Number
14"218
14.218
14.239
14.248
14.253
14.257
14"235
14.228
14.228
14.228
16,54i
16.541
16.753
16.738
16,804
16.000
16.710
16560
16.607
16.738
Grant/Contract
Number Expenditures
B-XX-MC-12-0014 $ 2,126,545
B-1 1 ·MN· ",2-0G39 33,775
M-XX-MC-12-0!H4 1,3S4,906
8-94-MC-12-0014 5,411
B-C-9-MY· 12-0014 325,436
S09-MY -12-0007 213,135
FL017784000DB02 & Fl017784D0010C3 59,080
03DB-D3-11-23.01-A01 42,244
OS·DB-D3-l1-23·01·AO 1 1,441,100
10DB·4X-11-23-01-F16 351,070
5,993,352
2008-Jl-FX-048", 45,198
2009-01-BX-0291 7,721
52,919
2010-DD-BX-0435 159,008
2010-DJ.BX-0161 61,500
2009-SB-89-2634 228,067
FL0130700 127,736
2009CSWY.0004 176,213
2009-DN-BX-K009 106,074
OMB# 1121.0235 15,182
NIA 14,7&7
943,406
City of Miami Beach, Florida
Schedule of Expenditures of Federal Awards and State Financial Assistance
Year Ended September 30, 2011
U.S. Department of Energy:
Direct Program:
ARRA-Energy Efficiency and Conservation Bll>ek Grant
Total U.S. Department of Energy
Pass.through Slate of Fbrida:
Office of Al!orney General
Crime Vf~lim Assistance -VOCA
Total Office of Attorney
U.S. Department cf Interior:
Pass-through Slate of Florida:
Department of Slate, Qr;ision of Historical Resources
Total Historic Prnervallon Grants·ln-Ald
U.S. Department ofT ransportation:
Federal TranSit Administration
Direct Program·
Fr<deral Transit-Capital investment Grants-Elec!rowave Shutt!e Ser;ice
Pass-lhroU{lh State of Florida:
Florida Department ofT ransportalion
Highway Planning and Cons!ructlco-WJddle. Beach Recreational Corridor Phase 1
Highway Planning and Construction-Middle Beach Recreational Corridor Phase 2
Highway Plan~ing and Cons~'\lction-Venetian Causeway
Highway Planning and Construction-West Avem;e Bridge
Highway Planning and Construction-South Beach Neigh. Trail
Highway Planning and ConstrJclion-Dade Boulevard Bike
Highway Planning and Cons!ruction-Coains Canal Seawall
ARRA·Highway Planning and Construction-Sunset Dr. Bridge
ARRA-Highway Planning and Cons!ructlon-Sunset Or. Bridge
ARRA·Highway Planning and Construc!iO!l-Henedon Ave. Bridge
ARRA-Highway Pl3nning and CoostrucUM,Dickens Avenue Lap Project
ARRA-Highway Planning and Construction-Byron Avenue
ARRA-Highway Planning and Construction-Indian Creek Drive
Total U.S. Department of Transportation
U.S. Department of Homeland Security
Direct Program:
Emergency Food and Sheller National Board Program-
EFS Phase 28
E!l'.ergency Food and Shelter National Boa•d Program -
EFS Phase 29
Assistance to Firelighters Grant-Fire Grant
Total U.S. Department of Homeland Security
{Continued)
7
593
81.128
16.575
15.904
20.500
20.20S
20.205
20.205
202[)5
20.205
20.205
20205
20.205
20.205
20.205
20.205
20.205
20.205
97.024
97.024
97.044
DE-SCOOG3489
V09027
f1CO?
FL-03-0245
APG78
APT97
APG95
APJ33
APH49
APS17
AP718
42650i-l {AP060)
426502-1 (AP061)
426497~ 1 (AP062)
426629-:3 ( APS 85)
426&29-4 tAPS 86)
426500.1 {AP037)
159400-076
159400-076
EMW-2009-F0-1 0767
$ 552,742
m,742
58,226
58,22()
9,200
9,200
22,049
22,04~
11,600
125
35&,537
226,375
275,211
39.704
25,100
860
1,430
920
17,344
1,500
2.13,248
1,163,954
1,186,003
~.299
575
!\2,000
71,874
City of Miami Beach, Florida
Schedule of Expenditures of Federal Awards and State Financial Assistance (Continued)
Year Ended September 30, 2011
Federal/State Grantor/Pass-Through Entity
Program Title
Pass-through Slate of Florida:
Florida Department of CommunHy Affairs
Pass-through ~/Jaml Dade County
Office of Domestic Preparedness
Homeland Securi!y Grant Program -Urban Areas
Security initiative 2007
Homeland Security Grant Program -Urban Areas
Security Initiative 2008
Pass-through State of Florida:
Florida Department o! Commu~i!y Affairs
Disaster Grants-Pubiic Assistance-FEMA-Disaster Relief Funding Agreement
Hazard Mitigation Grant
Emergency Preparedness Demonstration Pf!J\}ram (EOC GranQ
Total State-Pa~s-Florlda Dept. of Community Affairs
Na\iQna1 Endowment for \he Arts:
Direct Program:
Promotion of !he Arts Grants to Organization and lndi\'iduals
Total Nallonal Endowment for the Arts
Total Expenditures offederal Awards
State Grams:
F!ori:la Department of Health:
Pass-Through Miami-Dade Counly:
Emergency Prev/PreplResponse-EMS County Grants
Florida Department of State:
Division of Historical Resources:
Historic Preservation Grant-Fire Station No 2
Dlvlsior. of Cultural Affairs:
Cultural and Museum Granl$1Cuilure Builds Florida
Florida Department of Environmental Protection:
Florida Recreaticn Developmer.l Assistance Program-FiarrJngo Park Tennis Renov.
Florida Housing Finance Oxporalion:
Slate Housing lniliatil'es Partnership Program
Florida Department ol T ransporta!ion
Stale Highway Project Re~mbursement-indian Creek SR AlA 41st-26th Street
Total Expenditures of State Financial Assistance
Total Expenditures of federal Awards and
State financial Assistance
NIA-Not Avaiiable
See Notes to Schedule of Expenditures ol Federal Awards and Slate Financial Assistance.
8
594
CFOAI
CSFA
Number
SH67
97.007
9i'.036
97.039
97.001
45.!)24
64.005
45031
45.062
37.0i7
52.901
55.023
Grant/Contract
Number
09DS-24-11-23-02-011
10DS-48·l t-23-02-195
06-Wl·&K-11-23-02-567&
08HM-6G-11-23-02..0GO
11DS-37-11-23-02-198
1i-620C-7031
C-9013
SC114
12.5.0004
A08187
NA
AOY 48
Expenditures
$ 69,813
118,351
168,164
52,252
4$2,63ll
188,208
693,096
39,612
39,a12
!},735,669
2.,472
147,029
19,150
68,353
461,976
490,381
1,189,367
10,925,036
City of Miami Beach, Florida
Notes to the Schedule of Expenditures of
Federal Awards and State Financial Assistance
1. General
The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance (the "Schedule")
presents the expenditure activity of all federal awards and state projects of the City of Miami Beach, Florida (the
"City") for the year ended September 30, 2011. The City's reporting entity is defined in Note 1 of the City's basic
financial statements. All federal awards and state financial assistance received directly from federal and state
agencies, as wen as amounts passed through other government agencies are included in the accompanying
Schedule of Expenditures of Federal Awards and State Financial Assistance. Because the schedule presents only a
selected portion of the operations of the City, it is not intended to and does not present the financial position or
changes in net assets of the City.
2. Basis of Accounting
The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance is presented using
the modified accrual basis of accounting for grants which are accounted for in the governmental fund types and on
the accrual basis of accounting for grants which are accounted for in the proprietary fund types. The information in
the Schedule of Expenditures of Federal Awards and State Financial Assistance is presented in accordance with the
requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations and
Chapter 10.550, Rules of the Auditor General. Therefore, some amounts presented in this schedule may differ from
amounts presented in or used in the preparation of the basic financial statements.
3. Sub-recipient Awards
Of the federal awards and state financial assistance presented in the Schedule of Expenditures of Federal Awards
and State Financial Assistance, the City provided the following amounts to sub-recipients:
Name of Program/Projects
Federal:
Community Development B!ock Grant
Community Development Biock Grant-DR!
Community Development Block Grant -Neighborhood Stabilization Grant
Home Program
Total Federal
State:
State Housing Initiatives Partnership Program
9
595
CFDA/CSFA
Number
14.218
14.228
14.228
14.239
52.901
Amount
Provided
to Subredpient
$ 1,527,216
42,244
242,194
1,289,904
$ 3,101,558
$ 435,547
City of Miami Beach, Florida
Schedule of Findings and Questioned Costs
Federal Awards Programs and State Projects
Financial Statements
Type of auditor's report issued:
Internal control over financial reporting:
Material weakness{es) identified?
Significant deficiency(ies) identified that are
not considered to be material weakness{es)?
Noncompliance materiaf to financial statements noted?
Federal Awards
Internal control over major program:
Material weakness(es) identified?
Significant deficiency(ies) identified that are not considered
to be material weakness( as}?
Type of auditor's report issued on compliance for
major programs:
Any audit findings disclosed that are required
to be reported in accordance with Section 510{a)
of Circular A-133?
Identification of major program:
Federal CFDA No~
14.218 and 14.253
14.228
16.738 and 16.804
20.205
81.128
97.039
Dollar threshold used to distinguish between type
A and type 8 programs:
Auditee qualified as low-risk auditee?
Unqualified
Yes X No --------
Yes ----X No _ _,.;..;,.__
Yes X No --------
Yes X No --------
X Yes ----None reported ----
Unqualified
X Yes No --------
Name of Federal Program or Cluster
U.S. Department of Housing and Urban Development:
ARRA • Community Development Block Grant
U.S. Department of Housing and Urban Development:
Community Development Block Grants-Neighborhood Stabilization Program
U.S. Department of Justice:
ARRA-Edward Byrne Memorial Justice Assistance
U.S. Department of Transportation:
ARRA-Highway Planning and Construction
U.S. Department of Energy:
ARRA-Energy Efficiency and Conservation Block Grant Program
Pass-through State of Florida Department of Community Affairs:
Hazard Mitigation Grant
$300,000
X Yes No --------
10
596
City of Miami Beach, Florida
Schedule of Findings and Questioned Costs (Continued)
Federal Awards Programs and State Projects
State Financial Assistance
Internal control over major projects:
Material weakness(es) identified?
Significant deficiency(!es) identified that are
not considered to be material weakness(es)?
Type of auditor's report issued on compliance for
major projects:
Any audit findings disclosed that are required
lobe reported in accordance with Chapter 10.550,
Rules of the Auditor General?
Identification of major projects:
State CSFA No.
52.901
----
----
----
Yes X No ------
Yes X None reported ------
Unqualified
Yes X No ------
Name of State Projects
Florida Housing Finance Corporation:
State Housing Initiatives Partnership Program
55.023
Dollar threshold used to distinguish between type
A and type B programs:
11
597
Florida Department of Transportation:
State Highway Project Reimbursement-
Indian Creek SR A1A 41st-26th Street
$300,000
City of Miami Beach, Florida
Schedule of Findings and Questioned Costs (Continued)
Federal Awards Programs and State Projects
Section II-Financial Statement Findings
A. Internal Control
None reported.
B. Compliance
None reported
Section Ill-Federal Awards and State Financial Assistance Findings and Questioned Costs
A. Internal Control over Compliance
Federal Awards
IC 2011-01 Allowable Costs
U.S. Department of Housing and Urban Development (HUD)-
Community Development Block Grant ucDBG" (CFDA No. 14.218 & 14.253)
Criteria: OMB Circular A-87 requires that in situations where employees work on multiple grants, their
salary distribution must be supported by personnel activity reports or similar documents delineating the
hours worked on each grant and other activities. ln addition, the personnel activity reports should be
prepared at least monthly and must include the employee's signature. In situations where all of an
individual's salary is charged to a federal program, certifications should be prepared at least bi-annually to
support the amounts charged to the federal program. In addition, 2 CFR part 215 requires that non-federal
entities receiving federal awards to establish and maintain internal control designed to reasonably ensure
compliance with federal laws, regulations, and program compliance requirements.
Condition: We noted that there were no procedures in place over payroll to monitor and ensure that
personnel activity reports delineating the hours worked by employees on each grant or certifications for
those employees that work solely on one grant, are completed. We noted individuals whose salaries were
charged to the federal program did not have certifications completed. In addition, we noted that there were
no personnel activity reports or similar documents delineating the hours worked on each grant and other
activities for employees that worked on multiple grants.
Questioned costs: $25,868
Context: For all 33 salaries and wage selections selected for testing we noted the City did not complete the
required certifications for employees working solely on one Federal program. For those employees working
on multiple grants, we noted the City did not have authorized personnel activity reports delineating the hours
worked on each grant.
Effect: Failure to maintain complete certifications could result in disallowance by the grantor of payroll
expenditures. Without adequate internal controls over program costs, management faces the risk of
submitting reimbursement requests for unallowable costs.
12
598
City of Miami Beach, Florida
Schedule of Findings and Questioned Costs (Continued)
Federal Awards Programs and State Projects
Cause: The City does not have a fonnal process in place to ensure that aU individuals whose salaries are
charged to federal programs are included in the certifications. Further, there does not appear to be effective
internal controls over payroll to ensure compliance with Federal requirements.
Recommendation: We recommend that the City establish a formal policy and procedure relating to the
payroll certification process. The policy should include notifying division heads of the process and ensuring
that they are aware of the provisions, which includes the following: (1) If only a portion of the individual's
salary is charged to the program, an after-the-fact payroll distribution should be maintained. (2} If all of the
employee's salary is charged to the program, the required certification should be prepared at least semi-
annually.
Views of responsible officials and planned corrective action: The City has recently established a Policy and
Procedure for the payroll certification process which states:
1. Charge for salaries and wages for employees expected to work solely on a single Federal award or cost
objective will be supported by payroll certifications. Certifications will cover the period worked solely on
the program by the employee and prepared at least semi-annually.
2. Employees working on multiple activities or cost objectives, a distribution of their salary and wages will
be supported by payroll timesheets which include the following:
• Multiple activities portion/percentage of the employee salary charged to the programs
• Sole activity 100% of the employee's salary charged to the program, and if so a certification
sheet will be filed semi annually
• Training, vacation and sick days accounted for the employee
IC 2011·02-Sub-recipient Monitoring
U.S. Department of Housing and Urban Development
Community Development Block Grants-Neighborhood Stabilization Program (NSP) (CFDA No.
14.228)
Criteria: Per review of the sub-recipient grant agreement, it was noted that monthly reports are to be
submitted by the subrecipient to the City, by the 101h of the following month. The City must ensure that
internal control policies are adhered to on a timely basis by the sub-recipient.
Condition: Monthly reports were not submitted in a timely manner by the sub-recipient to the City.
Questioned costs: Undeterminable.
Context: In fiscal year 2011, the City received the November 2010, December 2010 and January 2011
reports late from the sub-recipient.
Effect Sub-recipients may not be administering the activities funded by the program in accordance with the
provisions of the program requirements and grant agreements.
Cause: The City did not track the timely submission of the sub-recipient reporting requirements to ensure
contract compliance requirements are being adhered to by the sub-recipient
13
599
City of Miami Beach, Florida
Schedule of Findings and Questioned Costs (Continued)
Federal Awards Programs and State Projects
Recommendation: We recommend the City track the timely submission of the reports from the sub-recipient
and ensure that all policies and procedures implemented by the City are adhered to by the sub-recipient
Views of responsible officials and planned corrective action: A Policy and Procedure for Monitoring of Sub-
recipients was created in April 2010, along with an Outlook calendar for program monitors. While the
original NSP sub-recipient grant agreement between the City and MBCDC included a monthly reporting
provision, monthly sub-recipient reports are neither required by the HUD NSP rules nor by the State of
Florida rules. Therefore, the monthly reporting provision was amended to quarterly reports by Amendment
No. 5 to the sub-recipient agreement. executed on August 22, 2011.
State Awards
None reported
B. Compliance Findings
Federal Awards
CF 2011-01 Allowable Costs
U.S. Department of Housing and Urban Development (HUD)-
Community Development Block Grant "CDBG" (CFDA No.14.218 & 14.253)
See IC 2011-01
Views of responsible officials and planned corrective actions: See IC 2011~01 for detailed views of
responsible officials and planned corrective action.
14
600
City of Miami Beach, Florida
Schedule of Findings and Questioned Costs (Continued)
Federal Awards Programs and State Projects
CF 2011-02 Procurement
U.S. Department of Housing and Urban Development (HUD)-
Community Development Block Grant "CDBG" (CFOA No.14.218 & 14.253)
Criteria: As stated in the terms and conditions of the American Recovery and Reinvestment Act of 2009
(ARRA} award agreement, all ARRA funding Recipients are required to comply with the Buy American
provisions of ARRA (Section 1605 of Title XVI). The Buy American provisions of ARRA require that a!l iron,
steel and manufactured goods used in projects funded by ARRA for the construction, alteration,
maintenance or repair of a public building or public work must be produced in the United States unless one
of three listed exceptions applies -non-availability, unreasonable cost, or inconsistent with the public
interest -and a waiver is granted by the United States Department of Energy (DOE). The Buy American
provisions of ARRA are implemented by guidance issued by the Office of Management and Budget (OMB}
found at 2 Code of Federal Regulations, Part 176, Subpart B.
Condition: We observed that the City did not comply with the provisions of the American Recovery and
Reinvestment Act of 2009 (ARRA) to include language within the contract between their su!rrecipient, who
received ARRA funding under the Community Development Block Grant (14,253) to state that they must
comply with the Buy American provisions of ARRA (Section 1605 of Title XVI).
Questioned costs: Undeterminable.
Context: The City's contract with one sub-recipient did not have a disclosure indicating that the funding
Recipient is required to comply with the Buy American provisions of ARRA (Section 1605 of Title XVl).
Effect City's non compliance with grant requirements may result in repayment of award monies.
Cause: The City has not developed a procedure to ensure compliance requirements are being adhered to.
Recommendation: We recommend the City establish a formal policy and procedure to perform a review of
contracts with sub-recipients containing ARRA grant monies to ensure that all provisions, including the Buy
American provisions of ARRA (Section 1605 of Title XVI) disclosure be included in the agreement. Such
procedure could be created in the form of a checklist that is completed and reviewed prior to the execution
of the subrecipient's contract.
Views of responsible officials and planned corrective action: The City will establish a formal Policy and
Procedure to perform a review of contracts with su!rrecipients containing ARRA grant monies to ensure that
aU provisions, including the Buy America provisions of ARRA (SecHon 1605 of Title XVI} disclosure be
included in the agreement.
15
601
City of Miami Beach, Florida
Schedule of Findings and Questioned Costs (Continued)
Federal Awards Programs and State Projects
CF 2011-03-Reporting
U.S. Department of Transportation
ARRA Highway Planning and Construction (CFOA No. 20.205)
Criteria: Pursuant to the reporting requirements for the American Recovery and Investment Act 2009
{ARRA): "Contractors and consultants must report their required monthly employment data for employees,
hours, and payroll wages, as well as for their subcontractors/subconsultants." The said employment data
must be entered into Florida Department of Transportation (FDOT}'s ARRA Employment Reporting system
by the 1 Qth of each month for the prior month.
Condition: We noted that the monthly reports for March 2011 and May 2011 were not submitted timely for
one project
Questioned costs: Undeterminable.
Context: Out of the three monthly reports selected for testing, we noted that the reports due April 10, 2011
and June 10, 2011 were not submitted timely<
Cause: Although the City has procedure in place to ensure reporting requirements under ARRA Section
1512 are being adhered to, there was a misunderstanding on whether monthly employment data was
required to be filed in the event there was no construction activity for the period.
Recommendation: We recommend that grant personnel responsible for ARRA report submission become
fully knowledgeable of the reporting and submission requirements<
Views of responsible officials and planned corrective action: The City has procedure in place to ensure all
required reports are filed in a timely manner. The procedure was not followed due to some
misunderstanding on whether filing was necessary if there was no construction activity during that period.
Additionally, the ARRA reporting for these proJects and the Notice to Proceed (NTP) were not finalized by
FDOT until June 9, 2011. Subsequent to this audit, the City has taken steps to ensure monthly employment
data are filed with FDOT even if there was no construction activity for the period and all subsequent reports
were filed in a timely manner.
16
602
City of Miami Beach, Florida
Schedule of Prior Year Audit Findings
Federal Awards Programs and State Projects
Finding# Finding Title
Findings related to financial statements:
IC 2010·01 Subreciplent Monitoring (CFOA No.14.218 and 14.228)
Monthly and/or quarterly reports were not prepared
and/or submiiled in a timely manner by the subrecipienls
to the City.
IC 2010.02 Reporting (CFDA No.14.218)
and CF 2010·
01
Thera were no procedures in place to monitor and
ensure compliance with the reporting requirements of the
CDBG Program. As a result, the required report for one
quarter was submitted late by the City to the Department
of Housing and Urban Development.
Status
Corrected
Corrected
IC 2010-03 Procurement, Suspension & Debarment (CFDA No.14.218)
The City did not have a system in place to verify whether
vendors under contract were suspended or debarred.
tc 2010..04 Davis Bacon Act (CFOA No. 14.218)
and CF 2010-
02
Wages for three work classifications were noted to be
under the Miami-Dade County minimum requlrement
IC 2010.05 Subrecip!ent Monitoring (CSFA No.52.9il1)
There were no procedures in place to monitor and
ensure compliance with the subrecipieni requirements of
the SHIP Program. As a result, monthly reports were not
prepared and or submitted in a timely manner by the
subrecipient, Mlami Beach Community Development
Center, to the City as required by the subrecipienfs
agreements.
Corrected
Corrected
Corrected
17
603
Explanation
The City corrected the specific finding in fiscal year
2011.
The City corrected the specific finding in fiscal year
2011.
The City corrected the specifiC finding in fiscal year
2011.
The City corrected the specific finding in fiscal year
2011.
The City corrected the specific finding in fiscal year
2011.
City of Miami Beach, Florida
Schedule of Prior Year Audit Findings
Federal Awards Programs and State Projects (Continued)
IC 2010-06 Reporting (CSFA No.52.901)
and CF 2010-
03
There was no procedure in place to monitor and ensure
compliance with the reporting requirements of the SHIP
Program, As a result, the required report was submitted
two days late by the City to FHFG,
CF 2009-01 Subrecipient Monitorlng{CFDA No.14.218)
Corrected
Monthly reports were not prepared and/or submitted in a Corrected
timely manner by the subreclpients to the City as
required by the s ubrecl pient agreements, In addition, no
evidence of monitoring visas were found in several
subrecipient's files.
18
604
The City corrected the specific finding in fiscal year
201t
The City corrected the specific finding in fiscal year
20it
City of Miami Beach, Florida
Management Letter in Accordance with the Rules of the
Auditor General of the State of Florida
September 30, 2011
605
Contents
Management Letter in Accordance with the
Rules of the Auditor General of the State of Florida
Appendix A-Current Year's Recommendations to Improve Financial Management,
Accounting Procedures and Internal Controls
Appendix B -Prior Year's Recommendations to Improve Financial Management,
Accounting Procedures and Internal Controls
606
1-2
3-4
5
Management Letter in Accordance with the
Rules of the Auditor General of the State of Florida
To the Honorable Mayor and City Commissioners
City of Miami Beach, Florida
We have audited the financial statements of the governmental activities, the business-type activities, the aggregate
discretely presented component units, each major fund, and the aggregate remaining fund information of the City of
Miami Beach, Florida (the "City") as of and for the year ended September 30, 2011, which collectively comprise the
City's basic financial statements, and have issued our report thereon dated March 30, 2012. Our report was modified
to include a reference to other auditors.
We conducted our audit in accordance with auditing standards generally accepted in the United States of America;
the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller
General of the United States; and OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations. We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and
on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with
Government Auditing Standards dated March 30, 2012, and Independent Auditor's Report on Compliance with
Requirements Applicable to Each Major Federal Program and State Project and on Internal Control over Compliance
and Schedule of Findings and Questioned Costs dated March 30, 2012. Disclosures in those reports and schedule
should be considered in conjunction with this management letter.
Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor
General, which governs the conduct of local governmental entity audits performed in the State of Florida. This letter
includes the following information, which is not included in the aforementioned auditor's reports or schedule:
Section 10.554(1)(i) 1., Rules of the Auditor General, requires that we determine whether or not corrective actions
have been taken to address findings and recommendations made in the preceding. annual financial audit report.
Corrective actions have been taken to address findings and recommendations made in the preceding annual
financial audit report except for those reported below under the heading "Prior Year's Recommendations to Improve
Financial Management, Accounting Procedures and Internal Controls'' listed in Appendix B.
Section 10.554(1)(1)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section
218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that
the City complied with Section 218.415, Florida Statutes, relating to local government investment policies.
Section 10.554(1)(1)3., Rules of the Auditor General, requires that we address in the management letter any
recommendations to improve financial management. The recommendations to improve the City's financial
management have been addressed in Appendix A -Current Year's Recommendations to Improve Financial
Management, Accounting Procedures and Internal Controls to this report.
Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address violations of provisions of contracts or
grant agreements, or abuse that have occurred, or are likely to have occurred, that have an effect on the financial
statements that is less than material but more than inconsequentiaL In connection with our audit, we did not have any
such findings.
Section 10.554(1)(1)5., Rules of the Auditor General provides that the auditor may, based on professional judgment,
report the following matters that have an inconsequential effect on financial statements, considering both quantitaUve
and qualitative factors: (1) violations of provisions of contracts or grant agreements, fraud, illegal acts, or abuse, and
{2) deficiencies in internal control that are not significant deficiencies. In connection with our audit, we did not have
any such findings.
Section 10.554(1)(i)6., Rules of the Auditor General, requires that the name or official title and legal authority for the
primary government and each component unit of the reporting entity be disclosed in this management letter, unless
disclosed in the notes to the financial statements. The information is disclosed in Note 1A to the financial statements.
Section 10.554(1)(i)7.a., Rules of the Auditor General, requires a statement be included as to whether or not the local
governmental entity has met one or more of the conditions described in Section 218.503(1}, Florida Statutes, and
identification of the specific condition met. In connection with our audit, we determined that the City did not meet
any of the conditions described in Section 218.503(1 }, Florida Statutes.
Section 1 0.554(1)(i)7.b., Rules of the Auditor General, requires that we determine whether the annual financial report
for the City for the fiscal year ended September 30, 2011 flied with the Florida Department of Financial Services
pursuant to Section 218.32(1 }(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal
year ended September 30, 2011. In connection with our audit, we determined that these two reports were in
agreement.
Pursuant to Sections 10.554(1)(i)7.c. and 10.556(7), Rules of the Auditor General, we applied financial condition
assessment procedures. It is management's responsibility to monitor the City's financial condition, and our financial
condition assessment was based in part on representations made by management and the review of financial
information provided by same.
Pursuant to Chapter 119, Florida Statutes this management letter is a public record and its distribution is not limited.
Auditing standards generally accepted in the United States of America require us to indicate that this letter is
intended solely for the information and use of the Honorable Mayor, City Commissioners, management of the City,
the State of Florida Office of the Auditor General, federal and state awarding agencies, and pass-through entities,
and is not intended to be and should not be used by anyone other than these specified parties.
Miami, Florida
March 30, 2012
2
608
City of Miami Beach, Florida
Appendix A
Current Year's Recommendations to Improve Financial Management,
Accounting Procedures and Internal Controls
Year Ended September 30, 2011
No.
2011-1
Current Year's Observations
Self-Insurance Fund Deficit and
Actuarial discount rate of the
Self-Insurance Program
2011-1 Self-Insurance Fund Deficit and Actuarial discount rate
Criteria: Proprietary funds (which Include internal service funds) should be accounted for on a cost reimbursement
basis. Also, actuarial assumptions used to estimate the City's self insurance liability should be reasonable and reflect
current market related conditions.
Condition: The City's self-insurance fund reported a net asset deficit of approximately $7.9 million, as of
September 30, 2011. Additionally, it was noted, it may not be appropriate for the City to use a 4% rate for discounting
the loss reserves, since the City's self-insurance fund has no assets and does not earn any investment income.
Cause: The rates established to charge each participating fund of the City were not adequate enough to reimburse
the cost of insurance.
Effect: The City's may not have enough resources accumulated to fully liquidate Insurable liabilities as they become
due. In addition, by not properly allocating these charges to the various funds and functions, the City might not
incorporate all of the City's cost that would be applicable in order to accurately establish rates and fees for services
that are charged by the City to external parties.
Recommendation: We recommend that the City evaluate its self-insurance program, to not only help ensure that the
level of amounts charged to user funds are sufficiently balanced to sustain the self-insurance program, but to help
ensure that reserves will be replenished in order to fund the growing deficit. The total charge by the internal service
fund to the other funds should be based on a systematic method and adjusted over a reasonable period of time so
that internal service fund revenue and expenses are approximately equal.
Views of responsible officials and planned corrective actions: The deficit in the Risk Management self insurance fund
increased from $6.811 million at September 30, 2010 to $7.927 million at September 30, 2011, an increase
of $1.116 million. This net increase was driven by the actuarial determined liability which increased by $1.947 million
for pending insurance claims and $1.528 million for Incurred by not reported claims (IBNR).
At September 30, 2011, the City had $14.875 million in IBNR liabilities and $11.798 million in pending insurance
claims liabilities. The cash balance available for paying claims at September 30, 2011 was $17.5 mlllion. The City
feels that this is sufficient to liquidate any insurable liabilities that become due within the next fiscal year.
It is the City's intention to continue to increase revenues and thus reduce the deficit in future years. ln addition, the
City considers, subject to commission budget approval, an annual contribution to reduce the Fund's deficit.
3
609
City of Miami Beach, Florida
Appendix A
Current Year's Recommendations to Improve Financial Management,
Accounting Procedures and Internal Controls (Continued)
Year Ended September 30, 2011
As with all other local governments, the last several fiscal years have been challenging due to continued declines in
property values through January 2010 and increased pension contribution requirements primarily because pension
investments have not met actuarial assumptions in the three of the last four years. As a result, while the City has
increased funding for the Risk Management Fund in its annual operating budget for the short-term, the City has
elected to use year-end surplus in the General Fund as carry-forward to future fiscal years, rather than to fund deficit
increases in the self insurance fund. It is anticipated that property values will stabilize in the coming years and then
resume normal historical increases and that investment returns will return to historical levels, thereby reducing the
stress on the budget. It is therefore anticipated that, in the longer term, the City will once again be in the position to
reduce the risk deficit as it has done in prior years.
In FY 2010 the City decreased the rate for discounting loss reserves from 6% to 5% and in FY 2011 from 5% to 4%.
The City plans to consider further decreasing the rate to 3.5% in FY 2012.
4
610
City of Miami Beach, Florida
Appendix 8
Prior Year's Recommendations to Improve Financial Management,
Accounting Procedures and Internal Controls
Year Ended September 30, 2011
No. Prior Years' Observations
2002-2 Self-lnsurance Fund Deficit
see current year's comment at 2011-1
5
611
Observation is
Still Relevant
X
Comment No
Longer Relevant
Exhibit 2-Audit Areas
612
CITY OF MIAMI BEACH
INTERNAL AUDIT DEPARTMENT
Audit Areas
Fiscal Year Ended 9/30/12
Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons
why area may not be audited within the projected frequency.
OeJ;!artment • Audit Are~
Mayor and City Commission
!Operations
Administrative Support Services
Bud et & Performance lm rovement
Management & Budget
Grants Management
Finance
Cashier Functions-Central Cashier
Cashier Functions -Other areas Building, Police,
Parking)
City Payment Processing
'Fixed Assets
lnterfund Transfers (includes management fees for
Convention Center, Parking, Sanita1ion, Storm,
Sewer, Internal Service. Resort Tax}
Intergovernmental Rev ( S/Tax, Gas Tax Motor
Fuel)
Miscellaneous Revenues to include the following;
Road Impact Fee reimbursement, Beach Access,
Accumulated Leave Liability
Business Tax Receipts/ Certificate of Use
Communication Service Tax
Franchise Fees & Utility Taxes· Electric
Franchise Fees & Utiiity Taxes-Gas
Utility Taxes-Gas. Other Companies (Added)
Investments
Lien Letter Fees
Payroll Processing
Resort Tax Operations
Storm Water Fee Billing
Water and Sewer Billings
Procurement
Operations
11m
Last
Audit
2012
2012
2009
2009
2011
2008
2009
2009
2009
r~ ,,
:~
l
!!l
imH1n~'ilti,HHh
I H
'! 'i<k;,;::
2011
2011
2011
Risk
me Comments
L Annual budget has been presented to GFOA and
earned their Distinguish Budget Award, and
audited b external auditors.
L Grants are included in ttle City's single audit by
the Cit 's external auditors.
H
M
H
H
M City's external auditors review the internal controls
of these financial areas annually within the scope
of their comprehensive financial audit of the city.
M Whiie this does not constitute a detailed internal
audit, the controls are being reviewed. The City
L has a consultant study underway to update the
basis of determination for management fees.
L
M
M Previously Franchise Cable & Utility Tax-
Telephone
M
M
M
M
L
H
L Audits of resort tax business are under the internal
audit function. Daily contact with this Finance
section keeps Audit Division informed.
M
H
H Various contract and procurement policies are
reviewed and comments under areas of user
departments.
I
Audit Areas 2012-Exhibit 2 COW 1-16·13 1/8/2013
613
CITY OF MIAMI BEACH
INTERNAL AUDIT DEPARTMENT
Audit Areas
Fiscal Year Ended 9/30/12
Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons
why area may not be audited within the projected frequency.
lnf T h ormation ec no ogy
Operations (Applications, Support, Communications
Services)
IT Security Icontract)_recommended
City Cellular Phone Char~es Overaqes
Human Resources
Operations includes Labor Relations
Review of Benefits Formulas
Pension Time Purchased by leave Hours
Health, Dental and Life Insurance
c ity Clerk
Operations, Record Retention I Public Requests
S_pecial Masters
Election Invoices
artment Services
City Attorney
!operations
Economic Dev. & Cultural Events
As tM se anaaemen
Beachfront Concession !'Boucher Brothers)
City Leases, Historic City Hall, 777 Building, etc.
Colony Theater Restaurant Agreement
Ballet Valet Company Lease Agreement
Vending Machines
Corporate Sponsorship Concession Agreement
Penrods Pier Park
Miami Beach Marina
South Pointe Restaurant (Smith & Wol!ensky}
State Beachfront Management A_greement
Market Places Concession Aqreement
Building
Audit Areas 2012-Exhibit 2 COW 1-16-13
Comments
Annually M Each year, external auditor reviews internal
controls over IT functions in their annual audit
Annually_ H
l'i'Jili~~'W'i~~l\{'\ L
:mWi;liitiH~HNi L
2005 M
2008 L
2010 L
2011 L
2010 H
2008 L
2011 L
2010 M
2008 L
2010 L
llnli)jj~~~!i@ M
M
2009 L
2010 L
2009 ' ....
2012 L Required Annua!lv bv State Aqreement
2005 L
2 1/8/2013
614
CITY OF MIAMI BEACH
INTERNAL AUDIT DEPARTMENT
Audit Areas
Fiscal Year Ended 9/30/12
Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons
why area may not be audited within the projected frequency.
Building Fees-Electrical, Plumbing,
"'"''~""r'"'"ical, Training, Elevator Inspections,
h'Aro:.•ct•t•r<>t<i"'\n Demolition, Building Code
Plans Review, Application Fees I Permitting
Concurrency Fees
Parkin !m act fees
ment
Cultural Arts Council
Convention Center Management Contract I
Revenues -Rents & leases, Concessions,
Telephones, Electrical, Services
Last
2011
2010
Risk
pment Process Fee
,,...,.,m"'"''''n in 2009. Procurement of new permitting
in 2009.
L
H Building Development Process Fee Study
completed in 2009. ln 20!2, Crowe Horwath
L
L
L
L Expenditure audit. minimum risk. Analysis of
revenues and operations was done in 2003 for
Friends of the Bass Audit
M Close-out audit of SMG contract
M
L Count audit completed ln 2008.
Operations
c ode ComPliance
Code Enforcement Violations and Operations I 2012 H Review Code and Fire violations by Internal Audit.
Inspection process, Complaints Crowe Horwath is performing operational review
of this area for 2013.
Homeless Outreach Services
Housing & Community Development
CDBG grants Department ls reviewed periodically by the State
r.H.,..o_m_e...-?ln'-v-e-st-m-.e-n..,.t-==P=-a-rt:-n_e_rs..,..h7ip_s_(-::-H-:-:0:-,M,..,.,E...,E::-n-:-tl::-tl-em_e_n.,.,.t);:~,,:,,~~,~.~;+,;;;,+---c--:---lof Florida and HUD.
State Housing initiatives Part (SHIPj Programs
Audit Areas 2012-Exhibit 2 COW 1-16-13 3 1/8/2013
615
CITY OF MIAMI BEACH
INTERNAL AUDIT DEPARTMENT
Audit Areas
Fiscal Year Ended 9/30/12
Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons
why area may not be audited within the projected frequency.
D ~p_artment • Ad" A U It rea
Greenspace Management
Landscaping Agreements
Park Expenditures Payments
Overtime (Parks & Recreation)
Recreation fees I Cashier functions
Tennis Centers Agreement
Public Works
Administration I Engineering
Bus Shelter I Lincoln Road Directories
DECO Bike Concession A_gmt
Last
Ad" U It
.Hiii~i!miH!ii"i!j;
2010
•~Hl'i1Ui11Wf;1~'-~i
2010
2010
2010
2009
Risk
T UIPe
L
M
H
M
M
M
L
M
M
Comments
Environmental Resource Management
Inventory (Public Works}
L Area considered minimum risk.
M
Inventory Processing 2009 M
Operations -Sewer 2011 M
Operations-Storm Water 2011 M
Operations-Streets, Street Lights L !
Operations-Water 2011 M
Overtime !Public Works} 2010 M
Permit Fees-News Racks 2012 L
Permit Fees-Work in Right of Way 2011 H
Permit Fees-Sidewalk 2012 L
Purchasing -Public Works 2009 M
Transportation Management L
Water & Sewer Impact Fees 2011 M .,
Operations Jl1 L Worked with ""f.'""'"""'" management on
hurricane debris and roli-offs last four years, no
~~~~~~------------~ =9~-Tp==rob!e==ms==note=-d·------------~
,waste •a"'-'"'"" Fees M
-"""''"''"'.'-'"
$anitatlon Fee ''"'"''u"'"'ial Biiling 2011 M
~~~~~~~!i~n Impact Fees (Construction & Commercial 2011 M
I Fines & Forthwiths (Sanitation) L
Roll-Off Franchise Fees 2012 H I Continuous audits. Com!)~ed 8 audits in 2012.
Property Management
Maintenance Agreements 2008 M I
lD City Access cards L '
Internal Service Charge Billings (Including_ CAM} 2010 M !
Inventory (Property Manag_ement) 2009 L )
p k' ar mg
Attended Parking Lots Monitoring 2012 H Completed 4 reviews during tile year.
Boat Show Parking 2012 M Now performed annually thru quarterly attended
lot review.
Cashiers & Attendants Agreement (Parking} 2012 M As of 8/2009 audit required annually.
Coin Room (Monitoring) Meter Collection 2012 H Completed 4 reviews of coin room during the year.
County Court Fines (Parking) [c!:' ::·::>;:,.;,: ·;;:~: L
Meter Collection Agreement 2009 M
Audit Areas 2012-Exhibit 2 COW 1-16-13 4 1/8/2013
616
CITY OF MIAMI BEACH
INTERNAL AUDIT DEPARTMENT
Audit Areas
Fiscal Year Ended 9/30112
Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons
why area may not be audited within the projected frequency.
Last Risk
Deoartment • Audit Area
Parking Debit Card!ln Car Meters
Parking Enforcement Reviews (Meters}
ParkinQ Permits (Non-Revenue 1
Parking Permlts (Revenue)
Space Rentals -Meters
Space Rentals • Parking Garages
Towing Agreements Comoliance
Towinq Fees-Parking Department
Valet Parking Agreement (Art Basel)
Fl tM ee anagemen
Fue! distribution
Inventory & Processinq
Operations /Internal Service Charges Billings
Vehicle Purchases
Public Safety
Pollee
County Court Fines-Traffic
!False Alarm/Registration
Forfeited Funds-Federal
Forfeited Funds-State
Off Dutv Account{Poiice)
Official Authorized Funds-Criminal Investigation
UnitiCIU)
Official Authorized Funds· Strategic Investigation
Unit!SIUl
Audit
2010
2012
2011
2012
2008
2009
2012
2009
2012
2009
2010
2011
2007
2012
2006
2011
2009
2007
2007
Operations-(Patrol, Criminal Investigation. Support ~1:\gii~nm~m;~il
Services & Technical Services} !~!Htfn\i~1HW11li1
Overtime (Police) 2009
Property Evidence Unit (Police) 2009
Towing Fees (Police) 2009
Fire
Annual Fire Inspection Fees I Process I Special
Events
Fire Plan Review I Fire Prevention Permitting
Fire Rescue Fees
Audit Areas 2012-Exhibit 2 COW 1-16-13 5
617
~ Comments
M
H Continuously monitored throughout year. 24
separate reviews performed.
L
M
M
M
H Performed by outside Firm
L
M
M
L
L
L
L Follow-up audit preformed 10/2003, no exceptions
were noted.
L Internal Audit assisted police ln reviewing new
procedures for false alarm. Police in process of
obtaining new software for operations
L
L
M
L
L
L
H
M
L
H
M
L
M
Building Development Process Fee Study
completed in 2009. Procurement of new permitting
system in 2009. In addtion, Crowe Horwath is
performing operational review of this area for
"
1 Building Development Process Fee Study
completed in 2009. Procurement of new permitting
system in 2009. Crowe Horwath is performing
operational review of this area for 2013.
1/8/2013
CITY OF MIAMI BEACH
INTERNAL AUDIT DEPARTMENT
Audit Areas
Fiscal Year Ended 9/30/12
Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons
why area may not be audited within the projected frequency.
City wider· ..... ,~ ...........
Capital Projects-Non-C!P, {Public Works & i'l!! Property Management. Parks, RDA, Convention
!Center. etc)
Non-Profit Organizations
CDBG funding source:
ot ·genera n an un mg source:
Boys and Girls Club
Miami Beach Community Health Center ,,,
North Beach Development Corp
Audit Areas 2012-Exhibit 2 COW 1·16-13
Last Risk
Ill
2010
m
2008
6
618
H
funding reviewed by Dev.
-"'--_,Periodically reviewed by Federal HUD. Areas
_.;;;....._,reviewed by external auditors through the Single
Report under OMB Circular A-133.
L General Fund for 2013 is $16.606.
L General Fund for 2013 is $21,660.
L General Fund for 2013 is $18.000.
1/8/2013
Exhibit 3 -Summary of Internal Audit Activities
619
Summary of Internal Audit Activities for Fiscal Year 2011/12
Internal Audits ~Available On Line
County Court Fines -Traffic Ticket
Cultural Arts Council 9/2011
Douglas Gardens Community Health Center Inc.
Flrst Class Parking, LLC Valet Parking Operational Audit-Art Basel 2011
Imperial Parking Agreement for Cashiers Attendants and Supervisors -Year 3
Miami Design Preservation League Grant
State Beachfront Management Agreement FY 2011
Towing Compliance Audit -Tremont *
Towing Compliance Audit-Beach Towing*
News Rack Permit Fee Revenues
Sidewalk Cafe Permit Fee Revenues
City Non-Pension Investment Revenue
Central Cashier's Office Operational Audit
Revenue Municipal Parking Permits
Public Works Department's Warehouse Inventory
Selected Departments' Cashiering Function Audit
Analysis -Available On Line
Analysis of Code Compliance and Fire Prevention Complaints and Cases
*-Represents those audits performed by outside firm.
For fiscal year 2011/12 internal audits to date included the following recommendations:
• Additional safeguards over inventory processing and safeguarding for areas of Public
Works;
• Revisions to update several departmental procedures and improve controls over
segregation of duties for Central Cashier Offices and miscellaneous cash receipts;
• Changes in procedures to comply to reporting requirements of approved grant funds
distributed by the Cultural Arts Council;
• Improve internal control processes for processing traffic citations, revenue parking
permits, beach concession fees, and upland fees;
• Improve process, enforcement and verification of charges for News Rack and
Sidewalk Cafe Permits;
• Strengthen oversight of compliance to the Investment Advisor agreement and Towing
Permits;
• Verification of compliance to the revenue sharing provision of the Parking Agreement
to provide cashiers and attendants;
• Improvement of internal controls over Code and Fire enforcement by strengthening
oversight, complaint and case processes, segregation of duties between processing
and approval of billing and adjustments to fines;
• Confirmation of funds forwarded to Miami Design Preservation League and Douglas
Gardens Community Health Center to be used for proper agency purpose, verification
of performance measures, and recommendations for improvement in internal controls;
• Verification of performance of valet parking operations and attended lots, and
compliance with Parking Department procedures for Revenue Parking Permits.
620
Parking Monitoring Reviews
In the Parking area, the Division completed twenty~four meter, four attended lot cash operations
and four coin room reviews during the past fiscal year. While our parking meter reviews
identified an improvement in enforcement over the previous fiscal year, areas of enforcement
still fell short of desired benchmarks. Operational procedures for attended lots were found to
comply with the city's guidelines. In addition, coin room operations were functioning in
accordance the city's procedures.
Sanitation Audits
In FY 2006/07 our part time position was expanded to a fulltime position dedicated to monitoring
and auditing waste haulers. This effort led to the issuance of eight audit reports in fiscal year
2011/12 resulted in $55,001 of audit assessments
Other Support
Additional support was directed to performing non-audit activities.
• Assistance was provided for Cleanliness Assessment Program
o Uploading Blackberry units for assessment
o Reviewing Assessment results for completeness.
• Hurricane related grant monitoring responsibilities for the past fiscal year included:
o Assisting FEMA and the State with their ongoing closeout for Hurricane Wilma 2005.
o Preparation of Quarterly Reports to FEMA (still ongoing for Hurricane Wilma projects).
o Monitoring each open project for completion and requested reimbursement.
o Responding to the Office of Inspector General's audit of FEMA funding received for
Hurricanes Katrina and Wilma.
Additional monies recovered during the past fiscal year for these cfaims amounted to
$1,004,270 for Hurricane Wilma. Additional funds are pending for one completed project.
621
JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM
TO:
CC:
FROM:
DATE:
Mayor Matti Herrera Bower
Members of the City Commission
Kathie Brooks, Interim. ·.C .. ityd/-.napger -,
/ )
Jose Smith, City Atto~~y " .. v/ . /""
\2 ~-······//'---·< January 3, 2013
SUBJECT: City Attorney's Performance Evaluation and Contract
Extension
April 11, 2013, will mark my seventh (7) year as City Attorney. It will also
mark the expiration of my employment contract.
Over the past seven years, I helped enhance the reputation and stature of
the City Attorney's Office by maintaining the highest standards of professionalism
and ethical conduct.
I have also been responsive and sensitive to requests from elected
officials and the administration. I continue to work closely with Interim City
Manager Kathie Brooks to better handle the many challenges and opportunities
which lie ahead.
Attached is a Memorandum submitted July 26, 2012 to the Commission
Oversight Committee on the Office of the City Attorney. It highlights our most
significant accomplishments, particularly our victory over the Pension Board
regarding collectively bargained changes to the pension ordinance.
I am proud to be your City Attorney and am optimistic about the city's
future. I look forward to meeting with each of you in the coming days to discuss
a contract extension. A Meeting of the Whole will be scheduled for the January
16, 2013 Commission meeting.
Thank you for giving me the opportunity to serve you and the residents of
Miami Beach.
JS/DT/mmd
F:IATTO\SM!J\EVALUATION 2012\Commission memo reevaluation 2012.docx
622
Agenda Item R q D
Date 1-16--1~
Attachment will be provided at the
January 16, 2013 Comrnittee of the Whole meeting.
623
R9 -New Business and Commission Reguests
R9E The Committee Of The Whole Will Meet During Lunch Recess Of The January
16, 2013 City Commission Meeting At The City Manager's Office Large
Conference Room To Discuss The City Manager Recruitment
(City Clerk's Office)
624
Agenda Item P., q £
Date 1-1 b-13
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625
MII\N\IBE
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Ms. Kathie Brooks, Interim City Manager
Mr. Rafael Granado, City Clerk
Commissioner Deede Weithorn
January 3, 2013
MEMORANDUM
SUBJECT: Discussion Item: Schedule for the Selection Process of the New City Manager
By means of this memorandum, Commissioner Deede Weithorn would like to place an item on
the agenda for the January City Commission Meeting directing the City Clerk's office to work
with staff and Bob Murray & Associates in the creation and implementation of a schedule for
the interview, background search, selection, etc. of a new City Manager.
It is Commissioner Weithorn's hope that the remaining steps in retaining a new City Manager
are executed in a time manner, without delays, to ensure that the quality and integrity of the
selection processes performed to date.
Should you have any questions and/or concerns, please do not hesitate to contact me at
extension 6528.
Th~
Alex J. Fernandez,
Commissioner Weithorn's Office
626
Agenda Item R q F
--=......:~___:_ __
Date 1-I (p ~-1 1._
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627
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Ms. Kathie Brooks, Interim City Manager
CC: Mr. Rafael Granado, City Clerk
FROM: Commissioner Deede Weithorn
DATE: January 3, 2013
SUBJECT: Discussion Item:
Use of Electricity by Sidewalk Cafes
It has been brought to the attention of Commissioner Weithorn that Code Compliance has
been directed by your office to cite unauthorized use of electricity on Lincoln Road where
currently thirty-one (31) establishments are permitted by the Public Works Department to
utilize the City's electrical outlets.
Our City Code currently reads as follows:
"City electrical outlets will be restricted to powering floor fans only. Using the electrical outlets
for powering lights, menu board lighting, and any other electrical device ls strictly prohibited. u
However, staff has informed us that most businesses permitted to use electrical outlets on
Lincoln Road do indeed utilize the electricity to power lights, especially at night time. It is the
Commissioner's concern that though we expect ail businesses to comply with the City's code,
citing businesses for using electricity to power lights without previously providing a cure
period, could potentially be financially disastrous to restaurants on Lincoln Road. As such,
Commissioner Weithorn would like to request that an item be placed on the January City
Commission meeting to discuss the use of electrical outlets on Lincoln Road and any changes
that may or may not be appropriate to address current use. It is also requested that a reprieve
on violations for this section of the City's Code be authorized until the City Commission has had
an opportunity to provide direction on this issue.
Should you have any questions and/or concerns, please do not hesitate to contact me at
extension 6528.
Th~
Alex J. Fernandez,
Commissioner Weithorn's Office
628
Agenda Item R q 6---..J.,...::;;_ __
Date-""1--f...;;_&_-~'3:..__
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629
Page 1 of2
MI/\MIBE
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Ms. Kathie Brooks, Interim City Manager
Mr. Rafael Granado, City Clerk
Commissioner Deede Weithorn
January 9, 2013
Request for Reconsideration at next City Commission Meeting:
"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 onto Phase I! of the MBCC RFQ No. 22-11/22; and authorizing the City
Manager to negotiate Letters of Intent (LOl's) with the shortlisted Proposers."
Approved, City Commission Meeting December 12, 2012
----------------------------------·---
Kathie:
As you know, on December 12, 2012 the Miami Beach City Commission voted in favor of approving your
recommended shortlist consisting of Portman CMC and South Beach ACE as the proposers to continue
on to Phase II of RFQ No. 22-11/12 for the development of the Miami Beach Convention Center District
Like so many others in the community, and throughout Miami-Dade County, Commissioner Deede
Weithorn believes that it is indeed time to proceed with a world class and competitive public-private
mixed-use development to enhance the Miami Beach Convention Center District Without a doubt an
expansion of the facilities is rightfully due as is the development of a Convention Center Hotel.
However, before the Administration proceeds in greater negotiations on a letter of intent with Portman
CMC and South Beach ACE and dwells any further into Phase If of the RFQ process it is important to
remember that this project, so important to our City and County economy, has been encumbered and
nearly completely stalled due to investigations and allegations of bid-rigging, inside deals, and sunshine
violations.
With this in mind, Commissioner Weithorn raised concerns during the December 12, 2012 Commission
Meeting that only two companies were recommended to proceed on to Phase 11 of the RFQ process.
As you know, initially the City received eight qualification packages from Developers interested in bidding
on the development of the MBCC District of which three withdrew their proposals which left only five
teams to be considered by the Evaluation Committee. The Evaluation Committee and the City's consultant
recommended to shortlist the two-top ranked proposers which you subsequently recommended to the City
Commission.
It is understood that your recommendation of only two bidders is based on the idea that when each bidder
has a 50% chance of success that the proposers will likely dedicate greater resources and efforts. You
have also stated that it will be best for the community to focus its attention on only two master plan
proposals. Further, you have established that with two proposers, the Administration and its consultant will
be able to provide a more detailed analysis of their proposals.
The reasons you provide for the selection of only two shortlist proposers are valid when considering
practicality and the ease of conducting business and negotiations with the proposers. However,
Commissioner Weithorn is most concerned, should any one of these two companies decide to retract their
bid, that a false perception of possible impropriety come about which could potentially jeopardize the
630
Agenda Item R q H
Date /-1&·-13
Page 2 of 2
entire project. Foreseeing the very likely possibility of a land lease between the City and the shortlisted
developers, the public's trust will play a fundamental component to the success of this endeavor as any
plan of this nature accepted by this Commission must be subsequently approved through public
referendum.
As such, it is Commissioner Weithorn's request, in keeping with the practices of good government, that
the resolution approving your recommendation to shortlist Portman CMC and South Beach ACE as the
only two short listed proposers to continue to Phase I! of MBCC RFQ No. 22-11112 and authorizing the
Administration to negotiate a letter of intent with the above proposers be reconsidered at the next meeting
of the City Commission.
Please direct any questions regarding this item to Commissioner Weithorn's office.
Th~
Alex J. Fernandez,
Deputy to Commissioner Weithorn
631
C9 MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathy Brooks/ Interim-City Manager
FROM: Jonah Wolfson 1 Commissioner
DATE: January 9 1h, 2013
SUBJECT: Discussion item for January 161h1 2013 Commission Meeting
Plr;o;ase place on lhe jonuary 16'1
", 201 3 Commission 1\gendo o discussion concerning the
potential involuntary designolion of a single fornily residence locoted at 42 S!ar lsiond
Drive as on individual historic site by a third party.
If you have any questions, please do nol hesitate to contocl my office ot extension 6437.
JW/Ih
lo ofl veho
632
Agenda ltem----=R__,q__,r=· __
Oate___:,..,/--=-/f;r;......J-1"--3-
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633
m MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Kathie Brooks, Interim City Manager ~, .
Michael GOngora, Commissioner j\JV\ Q ~ /
January 8, 2012 ·
MEMORANDUM
SUBJECT: Discussion Item for January 16 Commission Meeting
Please place on the January Commission meeting agenda a discussion on the Miami
Beach Human Rights Committee Resolution 2012-002-regarding FDA regulations for
blood donation. Please find additional information attached. If you have any questions
please feel free to contact my aide Diana Fontani at ext 6087.
MG/df
634
Agenda Item R C( ~.T
Date l-lb-13
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. lETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM' Kathie G. Brooks, Interim City Manager~~
DATE December 12, 2012
SUBJECT: TRANSMITTAL OF MIAMI BEACH HUMAN RIGHTS COMMITTEE
RESOLUTION 20 12M002 -Repeal FDA Prohibition Regarding Blood
Donation
This LTC is to inform you that the Miami Beach Human Rights Committee (MBHRC) adopted
the enclosed resolution at their December 11, 2012 meeting, pertaining to FDA regulations
for blood donation.
The MBHRC is urging the Mayor and City Commission to pass a resolution calling upon the
United States Food and Drug Administration (FDA) to repeal their longstanding prohibition
on men who have sex with men from donating blood, so as not to deny Miami Beach
residents the privilege of donating screened blood. which unnecessarily limits the nation's
blood supply.
If you have any questions, please contact the City Clerk's Office at 305.673.7 411.
kGB/R~Ih
Enclosure: Resolution 2012-002
( ) ,.....,
c:::;> __ , ,......
0 r, 1'",
' n ,..,.
co
(.!. ::::<• _.,.. .....
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(.fl
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F:\CLER\HATL\Letters\L TC\L TC Transmittal Reso 319-2012.doc
635
~-~.., , . ...,
:ri
··~ I ' ·"
r
MBHRC RESOLUTION NO. 2012~002
RESOLUTION OF THE CITY OF MIAMI BEACH HUMAN RIGHTS
COMMITTEE URGING THE MAYOR AND CITY COMMISSION TO
PASS A RESOLUTION CALLING UPON THE UNITED STATES FOOD
AND DRUG ADMINISTRATION (FDA) TO REPEAL THEIR
LONGSTANDING PROHIBITION ON MEN WHO HAVE SEX WITH MEN
FROM DONATING BLOOD.
WHEREAS, the United States Food and Drug Administration (FDA) is responsible for
protecting the public health; and
WHEREAS, the FDA regulates blood donation in the United States and explicitly bars
any man who has had sex with another man, at any time since 1977, from donating
blood; and ·
WHEREAS, the FDA justifies this policy by citing that 1977 was the beginning of the
United States' AIDS epidemic and that men who have sex with men are at a greater risk
of HIV, hepatitis Band other Infections that can be transmitted by transfusion; and
WHEREAS, this lifetime restriction on men who have had sex with men, even once
since 1977, from donating blood fails to consider the indivfdual's HIV status and
represents the FDA's policy since 1982; and
WHEREAS, in 1982, there were no HIV tests or HIV treatments, and little was known
about HIV and AIDS; and
WHEREAS, in the almost 30 years since the FDA's decision to exclude men who have
sex with men from donating blood, the medical community has made great strides in
preventing, diagnosing, creating, and understanding HIV/AIDS; and
WHEREAS, the FDA's lifetime restriction on men who have sex with men from donating
blood fails to consider the potential donor's actual health status and whether the
potential donor has actually engaged in high risk sexual activity; and
WHEREAS, the only other groups on the FDA's lifetime deferral list for blood donation
are Intravenous drug users, people who have received animal tissue or organs. people
who traveled to or live in certain countries due to the risk of transmitting malaria or
variant· Creutzfeldt~Jakob Disease (vCJD) and people who had sex for drugs or money;
and
WHEREAS, despite the FDA's lifetime ban on men who have sex with men, nationally,
an individual needs a life-saving blood transfusion once every 3 seconds; yet, while 60%
of Americans are eligible to donate blood, on average less than 5% of people actually
donate; and
WHEREAS, a single blood donation can save 3 lives, following component separation;
and
WHEREAS, limiting the population of potential blood donors leaves numerous
vulnerable individuals in need of receiving fife-saving blood; and
636
WHEREAS, the greater the donor base, the easier it will be to meet the nation's demand
for blood, especially when there is a blood shortage; and
WHEREAS, Argentina, Australia, Hungary, Japan, New Zealand, South Africa, Sweden
and the United Kingdom have all imposed a time period in which men who have sex with
men must wait before being allowed to donate, while Russia completely lifted the ban;
and
WHEREAS, other countries, such as France, Italy and Spain screen potential donors for
high-risk sexual practices, rather than men who have sex with men behavior, and as
such these countries defer all individuals who have engaged in risky sexual behavior;
and
WHEREAS, the FDA has established a 12-month blood donation deferral period for any
individual who has had sexual contact with a person infected with HIV or viral hepatitis,
except for men who have had sex with other men; and
WHEREAS, the blood donation organizations have jointly recommended that the
deferral period for men who have had sex with other men be limited to 12 months since
the date of the last such sexual contact; and
WHEREAS. there is a constant need for blood, and Miami Beach residents are known to
be generous blood donors, and
WHEREAS, denying Miami Beach residents the privilege of donating blood
unnecessarily limits the nation's blood supply, especially since all blood supply is
screened; now, therefore, be it: ·
Resolved, that the Miami Beach Human Rights Committee urges the Mayor and City
Commission to pass a resolution calling upon the United States Food and Drug
Administration (FDA) to repeal their longstanding prohibition on men who have sex with
men from donating blood.
PASSED and A OPTED this 13day of November 2012.
Eliz t Sc
Miami Beach uman Rights Committee
Signed on December 11, 2012
2
637
Offered by Miami Beach Human Rights Committee Member Walker C. Burttschell, who
moved its adoption. The motion was seconded by Miami Beach Human Rights
Committee Member Or. Barry Ragone, and upon being put to a vote. the vote was as
follows:
Elizabeth Schwartz, Esq., Chair-Yes
Alan B. Fishman, Esq., Vice Chair-Yes
Walker C. Burttschell -Yes
CJ Ortuno -Absent
Dr. Barry Ragone-Yes
Rafael Trevino-Yes
William Warren, Jr. -Absent
F:\HUMA\$AOM\HUMASPEC\MB Human Rights Committee\Agenda\2012\Biood Oonatlons.doc
3
638
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639
~ MIAMI BEACH :
71111 ! :<! •* ::J ~~:: :.·: ~. 'J•;~·
........ ,, \,/.t<f .. j; ....
OFFICE OF THE !VIA YOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks 1 Interim City Manager
FROM: Jerry Ubbin, Commissioner
DATE: January 8, 2013
SUBJECT: Agenda item for the January 161 2013 Commission meeting; a discussion
regarding a community Gun Buy Back Program
With the support of Miami Beach Police Department Chief Raymond Martinez, I would
like to discuss the organization of a community Gun Buy Back Program to be partially
funded by the Police Department's confiscation funds. I would also work to enlist other
organizations to contribute towards this program.
Please contact my office at ext. 7106 If you have any questions.
JL/er
640
Agenda ltem___.!!A~q_K._;;..,_
Date 1-ll;t~ L?
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641
R10
CITY ATTORNEY REPORTS
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
TO:
FROM:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jose Smith, City A~~~sn~y·-2. . 1/h
DATE: January 16, 201't'( ~if
SUBJECT: City Attorney's s~-R~port
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Waterstone Capital, LLC vs. Margarita Z. Yuhico, et aL, Case No. 12-38530 CA
30 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 8321 Crespi
Boulevard, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on November 27, 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 December 13, 2012.
2. U.S. Bank National Association vs. Marizol Lantigua, et al., Case No. 12-46438
CA 31 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 3425 Collins
Avenue, Unit 419, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on December 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 December 6, 2012.
3. Bank of America, N.A. vs. Evelyn Fernandez, et al.. Case No. 12~46879 CA 08
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 5005 Collins
Avenue, Unit 1422, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on December 7, 2012.
The City's Motion to Dismiss was filed on December 13, 2012.
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City Attorney's Report
January 16, 2013
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4. Citibank, N.A. vs. Olga Reyes, et aL, Case No. 12-46959 CA 58 {Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida}
This is an action to foreclose a mortgage on real property located at 1531
Stillwater Drive, Miami Beach, Florida. The Summons and Complaint were
served on the City on December 7, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on December 13, 2012.
5. U.S. Bank National Association vs. Natalie L. Nichols, et al., Case No. 12-46959
CA 58 {Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1440 Lenox
Avenue, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on December 10, 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 December 13, 2012.
6. Magaly de Ia Cruz vs. City of Miami Beach, Case No. 12-47753 CA 32 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on December 12, 2012 alleging that on
July 4, 2011, the plaintiff, Magaly De Ia Cruz, stepped out of her fiances vehicle
onto the sidewalk at the intersection of 81st Street and Crespi Blvd., to check the
brake lights of his car when she stepped into an uncovered sewer hole in the
sidewalk, fell and sustained injuries. We shall file our response to the complaint
and propound discovery to the plaintiff
7. Deutsche Bank Trust Company vs. Alfred Behar, eta!., Case No. 07-35231 CA
21 (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 1440 Lenox
Avenue, Miami Beach, Florida. The Summons and Second Amended Verified
Complaint were served on the City on December 12, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on December 13, 2012.
644
City Attorney's Report
January 16, 2013
Page3
8. U.S. Bank National Association vs. Unknown Spouse, Heirs, Devisees,
Grantees, Assignees, Lienors. Creditors, Trustees and all other parties claiming
an interest by through under or against the Estate of Barbara Kress, eta!., Case
No. 09-46438 CA 01 (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 3425 Collins
Avenue, Unit 419, Miami Beach, Florida. The Summons and Complaint were
served on the City on December 14, 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 December 20, 2012.
9. Bennie Sperling, as Trustee vs. Eastern Savings Bank. et al., Case No. 12-49253
CA 25 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose junior liens and quiet title on real property located at
2131 Calais Drive, Unit 2, Miami Beach, Florida. The Summons and Complaint
were served on the City on December 20, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up Hens, and resort taxes will be timely filed.
10. U.S. Bank National Association vs. Dyan Dahari and Zion Dahari, et al., Case
No. 12-48739 CA 24 (Circuit Court-11th Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property located at 15051 Royal
Oak Lane, Unit 1506, North Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on December 20, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes will be timely filed.
11. U.S. Bank National Association vs. Luis Maseda. et aL, Case No. 12-47618 CA
40 (Circuit Court-11 1h Judicia! Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 5601 Collins
Avenue, Unit 401, Miami Beach, Florida. The Summons and Complaint were
served on the City on December 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.
645
City Attorney's Report
January 16, 2013
Page4
12. Federal National Mortgage Association vs. Edwin Rodriguez, et al.1 Case No. 12·
47618 CA 40 {Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located at 401 69th
Street, Unit 903, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on December 24, 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.
13.U.S. Bank National Association vs. Richard Miles, et al., Case No. 12-49753 CA
40 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1 036 Ocean
Drive, Unit 307, Miami Beach, Florida. The Summons and Complaint were
served on the City on December 28, 2012.
The City's Motion to Dismiss will be timely filed.
14. Bank of America, N.A. vs. Carlos A. Abrantes, et al..l Case No. 12-49874 CA 21
(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 1250 West
Avenue, Unit 2W, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on January 3, 2013.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes will be timely filed.
15.JPMorgan Chase Bank, N.A. vs. Sergio R. Benitez, et al., Case No. 12-48478
CA 40 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 2925 Indian
Creek Drive, Unit 319, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on January 4, 2013.
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.
646
City Attorney's Report
January 16, 2013
Page5
16.Citimortga~e, Inc. vs. Rafael Morel, et al., Case No. 12-50089 CA 06 (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 710
Washington Avenue, Unit 422. Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on January 7, 2013.
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.
17.Felipe Ernani and Andrea Ernani v. City of Miami Beach Officer David Socarras
Officer R. Martinez Mynt Holding Co. LLC d/b/a MYNT Loung Case No. 12-
24550-CIVCOOKE/TURNOFF (United States District Court Southern District)
This is a Complaint by a husband and wife for violation of civil rights and various
tort claims as a result of a confrontation with two Miami Beach off-duty pollee
officers, David Socarras and R. Martinez, on November 1, 2010, in front of Mynt
Lounge. The Complaint alleges that the officers beat the husband without cause
in front of his wife, failed to obtain timely medical attention for him, and falsely
accused him of crimes. The Complaint alleges that the City violated the civil
rights of the Plaintiffs by failing to supervise and discipline its police officers in
other cases which allowed the violations of Plaintiffs civil rights. It also alleges
that one of the officers (Socarras) had engaged in similar misconduct before
outside Mynt Lounge. The officers are also sued individually for civil rights
violations and various state tort claims including assault and battery. Mynt
Lounge is also being sued for negligence. The Complaint alleges that the
husband suffered a concussion, brain bleeding, and spinal injury as a result of
the actions of the police. The case is brought by Ramon Rasco, Esq. of
Podhurst Orsek, P.A.
JS:DP:SR:EB:!r
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REPORTS
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INFORMATIONAL ITEMS
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Reports and Informational Items
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