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20130313 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive March 13, 2013 Mayor Matti Herrera Bower Vice-Mayor Jonah Wolfson Commissioner Jorge R. Exposito Commissioner Michael Gongora Commissioner Jerry Libbin Commissioner Edward L. Tobin Commissioner Deede Weithorn Interim City Manager Kathie G. Brooks City Attorney Jose Smith City Clerk Rafael E. Granado Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to the alternate meeting date, which will only be held if needed. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Call to Order-9:00 a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 1:00 p.m. Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Agenda R7 Resolutions C2 Competitive Bid Reports R9 New Business & Commission Requests C4 Commission Committee Assignments R 10 City Attorney Reports C6 Commission Committee Reports C7 Resolutions Reports and Informational Items We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community 1 Commission Agenda, March 13, 2013 Presentations and Awards PA 1 Certificate Of Appreciation To Be Presented To Officer Thomas Fleischhauer, Miami Beach Police Department's Officer Of The Year, 2012. (Requested by Commissioner Jorge R. Exposito) PA2 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For January 2013. (Requested by Commissioner Jorge R. Exposito) PA3 The Miami Beach Chamber Education Foundation Will Present $10,000 To The City Of Miami Beach To Support Teacher Training In The International Baccalaureate (IB) Program. (Requested by Commissioner Jerry Libbin) PA4 Proclamation To Be Presented Declaring "Earth Hour Day" On March 23, 2013. (Requested by Commissioner Michael Gongora & Mayor Matti Herrera Bower) PAS Proclamation To Be Presented Declaring "Military Family And Community Covenant Day" On April 17, 2013. (Requested by Mayor Matti Herrera Bower) PA6 Certificate Of Appreciation To Be Submitted To Joe Kaplan, For Years Of Service As A Special Master In The City Of Miami Beach. (Requested by Mayor Matti Herrera Bower) PA7 Certificates Of Recognition To The 2012/2013 Miami Beach Senior High PTSA Board Members For Their Hard Work And Dedication To The School. (Requested By Vice~Mayor Jonah Wolfson) PA8 Certificates Of Recognition To Be Presented To Luisa Castillo Echeverria Senior/Participant And Lincoln Marti And Its Director Ana Vazquez, Employer/Participant In UNlOAD's Senior Placement Program. (Requested By Vice~Mayor Jonah Wolfson) PA9 Proclamation To Be Presented To Pubbelly Restaurants For Their Dedication And Commitment To Miami Beach. (Requested By Commissioner Michael Gongora) PA10 Certificates Of Recognition To Be Presented To The Principal, Vice Principals And Teachers Of South Pointe Elementary In Miami Beach. (Requested By Commissioner Michael Gongora) 2 2 Commission Agenda, March 13, 2013 Presentations and Awards (Continued) PA 11 Certificates Of Recognition For Outstanding Police Work Resulting In Seizure Of Over 30 Firearms. (Requested by Commissioner Jerry Ubbin) CONSENT AGENDA Action: Moved: Seconded: Vote: C2 -Competitive Bid Reports C2A Request For Approval To Purchase An Additional Sixteen (16), Honda Four Trax Rubicon All- Terrain Vehicles From G, J & L Inc., Pursuant To Invitation To Bid (ITB) No. 31-11/12, In The Amount Of $124,128.00. (Fleet Management/Procurement) C2B Request For Approval To Award Contracts Pursuant To Invitation To Bid No. 66-11/12, For General Building And Specialty Trades Services, To Enterprise Electrical, Southern Comfort Solutions, Advanced Roofing, Team Contracting, FHP Tectronics Corp., Kearns Construction, Servpro Of Brickell, Triangle Fire, Delcons, AGC Electric, Haber & Sons Plumbing, Aaron Construction Group, A 1 Fire & Security, Commercial Interior Contractors Corp., Full Cover Roofing, A&J Roofing, Comfort Tech, Coral Gables Glass & Mirror, Sanchez Arango Construction, Edd Helms Electric, FXP Corp., And S.A. Consultants LLC, On An As Needed Basis, Subject To Budgetary Approval At Time Of Need. (Public Works/Procurement) C4 -Commission Committee Assignments C4A Referral To The Finance And Citywide Projects Committee -Discussion Regarding The Issuance Of A Request For Qualifications For A Third Franchise Solid Waste Contractor For Residential And Commercial Solid Waste Collections And Disposal. (Public Works) C4B Referral To The Planning Board -Miami Beach United Resolutions To Address The Issue Of Compatibility Of Certain Uses And Development Projects In Proximity To Residential Uses. (Planning Department) 3 3 Commission Agenda, March 13, 2013 C4-Commission Committee Assignments (Continued) C4C Referral To The Neighborhood/Community Affairs Committee A Discussion Regarding The City Of Miami Beach Fire Prevention Fines And Citations Related To Nightclubs And Other Assemblies. (Fire Department) C4D Referral To The Land Use Committee An Amendment To The Land Development Regulations To Regulate Temporary Business Signs On Public Property. (City Manager's Office) C4E Referral To Transportation And Parking Committee And Neighborhood/Community Affairs Committee For A Discussion Regarding Sightseeing And Tour Bus Industry Regulations. (Parking Department) C4F Referral To The Neighborhood/Community Affairs Committee Of A Discussion Regarding Possible Amendments To Chapter 70 Article Ill (Section 70-122-129), "Graffiti Ordinance." (City Manager's Office) C4G Referral To The Finance And Citywide Projects Committee A Discussion Regarding Fine Schedules And Enforcement Of The City Of Miami Beach Code Provisions For Police And Fire False Alarms, Implementing Additional Fines For False Alarms, And Contracting With An Outside Entity For Billing And Collection Services For False Alarm Fees. (Police Department) C4H Referral To The Finance And Citywide Projects Committee And The Committee For Quality Education In Miami Beach For Discussion Of The Florida's Safe Routes To School Program (FLSRTS). (Requested By Commissioner Jorge R. Exposito) C41 Referral To The Historic Preservation And Design Review Boards To Seek Their Direction As To What Type Of Directory Structures Are Most Appropriate For The Lincoln Road Corridor. (Public Works) C4J Referral To The Land Use And Development Committee An Amendment To Expand The Permitted Uses Of RM-2 Zone Properties. (Requested by Commissioner Deede Weithorn) C4K Referral To The Land Use And Development Committee To Discuss Status Update For The Beach Walk From Sunrise Plaza To Fifth Street. (Requested By Commissioner Michael Gongora) 4 4 Commission Agenda, March 13, 2013 C4 -Commission Committee Assignments (Continued) C4L Referral To The Sustainability Committee To Discuss Green Building Incentives For Residential And Commercial Use. (Requested By Commissioner Michael Gongora) C4M Referral To The Neighborhood/Community Affairs Committee-Discussion To Consider Hosting A Biannual Art Camp Held In Miami Beach In Cooperation With UNESCO. (Requested by Commissioner Jerry Libbin) C6 -Commission Committee Reports C6A Report Of The Neighborhood/Community Affairs Committee Of January 28, 2013: 1) Discussion Concerning The Flamingo Park Neighborhood Becoming Florida's Most Pedestrian Friendly Neighborhood. 2) Discussion Regarding Expanding The Ordinance (2012-3751) Amending Chapter 66, "Marine Structures, Facilities And Vehicles," Article IV, "Vessels," Section 66-151, "Launching And Hauling," To Prohibit Docking, Securing, Embarking Or Disembarking Vessels At Municipal Or Public Seawalls, Wharfs, Docks Or Bulkheads In Single Family Neighborhoods, Creating Exceptions, Providing For Repealer; Codification; Severability And An Effective Date To Make It More Comprehensive. 3) Discussion Naming 8th Street After Tony Goldman. 4) Discussion Regarding The City Of Miami Beach Centennial, Which Will Occur On March 26, 2015. 5) Discussion Regarding The Placement Of A Fence Along The Perimeter Of The Scott Rakow Youth Center Playfield. 6) Discussion Regarding Creating A Municipal Youth Council On Miami Beach. C6B Report Of The Neighborhood/Community Affairs Committee Of February 19, 2013: 1) Discussion Regarding An Ordinance Amending Regulations Of Alcoholic Beverages In Public Places. 2) Discussion Concerning The Flamingo Park Neighborhood Becoming Florida's Most Pedestrian Friendly Neighborhood. 3) Discussion Regarding A Resolution To Establishing And Designating Tobacco-Free Zones In All City Parks And Outdoor Recreational Facilities. 4) Discussion Regarding Building A Guardhouse At East Entrance Of Normandy Shores. 5) Discussion Regarding An Update On Upper North Bay Road Drainage Project. 6A) Discussion Regarding A Sanitation Plan During Spring Break 2013. 68) Discussion Regarding The Status Of The Major Event Plan For Spring Break. 7) Discussion Regarding Items That Are Referred To Commission Committees To Be Reviewed If Not Heard By That Committee Within (6) Six Months Of Its Referral Dates. 8) Discussion Regarding Considering The Removal Of The Four (4) Public Parking Spaces On Sunset Drive At The Entrance Of Sunset Harbor Island. 9) Discussion Regarding Relocation Of The Maintenance Vehicles From The Sunset Harbor Neighborhood. 10) Discussion Regarding Amending Procedures For Appeals To The Special Master For Certain Frequent Code Enforcement Violations. 5 5 Commission Agenda, March 13, 2013 C6-Commission Committee Reports (Continued) C6C Report Of The Land Use And Development Committee Meeting Of February 13, 2013: 1) Reduced Parking Rates For Hotel Employees. 2) 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. 3) Review Of Miami Beach Land Use Boards To Improve The City Of Miami Beach Building And Planning Department Processes. 4) Discussion Regarding Food Trucks On Private Property. 5) Discussion Pertaining To "Smarter Materials For Next Generation Infrastructure," Such As Eliminating The Disposal Of Tires In Global Landfills And Incinerators. 6) Discussion Regarding An Amendment To The Land Development Regulations That Will Create Protection From Total Demolition Of Architecturally Significant Single Family Homes Built Prior To 1942. 7) 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. 8} Discussion Regarding Restricted Wake Zones: Sa) An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, Facilities And Vehicles," By Amending Article II, To Be Entitled "Restricted Wake Zones," To Create Regulations For Restricted Wake Zones; Providing For A Purpose; Providing For Definitions; Providing For Restricted Areas; Providing For Posting Of Regulatory Markers; Providing For Exemptions; Providing For Enforcement And Penalties; Providing For Repealer, Severability, Codification, And An Effective Date; 8b) Discussion On Adding Surprise Lake To "No Wake Zones" On Miami Beach. 9) Discussion Regarding The Development Of The West Lots Between 79th Street To 87th Street And Collins Avenue. 10) Discussion Regarding Development Of The Parking Lot Between 72nd And 73rd Street And Collins Avenue. 11) Zoning And Planning Initiatives For North Beach Including Ordinance Amendments For Parking Requirements And Development Regulations. 12) Application Of Parking Impact Fees To Satisfy Hotel Parking Requirements Outside Of Historic Districts. 13) Discussion Regarding The Current Sidewalk Cafe Ordinance; 13a} Discussion Regarding The Lincoln Road Utilization Areas For Sidewalk Cafes. 13b) Use Of Electricity By Sidewalk Cafes. 13c) Discussion Regarding Restaurant Solicitation Of Pedestrians On City Sidewalks, Particularly Ocean Drive And Lincoln Road. 6 6 Commission Agenda, March 13, 2013 C6 -Commission Committee Reports (Continued) C6D Report Of The Finance And Citywide Projects Committee Meeting Of January 24, 2013: Emergency Item: 1) Discussion Regarding The Convention Center Catering Invitation To Negotiate. 2) Discussion Regarding The BMG Loan Program. Old Business: 1) Discussion Regarding To Consider A Request For Rent Relief From Penn 17, LLC., Regarding The Retail Space At The Pennsylvania Avenue Parking Garage. 2) Discussion Regarding A Recommendation By The GLBT Committee To Address The Issue Of Benefits Tax Inequality For City Employees With Registered Domestic Partners Versus Legally Married Spouses. 3A} Discussion Regarding Water And Sewer Deposits; Implementing Rules And Regulations And Applications Of Rules Similar To Miami~Dade Water And Sewer Department. 3B) Discussion Regarding Consideration Of New Policy Establishing Criteria For The Reimbursement Of Guarantee Deposits For Those Customers Who Have Established A Positive Payment History On Their Water Bill. 3C) Discussion Regarding The Creation Of Procedures To Provide A 24 To 48 Hour Notification To Homeowners Prior To Water Being Shut Off Due To Non~Payment. 4) Discussion Regarding: Business Tax Receipt Renewal Notices; How We Handle Over Charges; Reasons For Miscalculations; And Corrective Action Plan. 5) Discussion Regarding Police Athletic League (PAL) Lease. 6) 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. 7) Discussion Of A Lease Amendment With Damian J. Gallo & Associates (D/B/A Permit Doctor). 8) Discussion Regarding Developing Parameters For The Gun Buyback Program. 9) Discussion Concerning The Lease For The Miami-Dade Gay And Lesbian Chamber Of Commerce Foundation Located At Historic City Hall At 1130 Washington Avenue. C6E Report Of The Finance And Citywide Projects Committee Meeting Of February 20, 2013: 1) Discussion Regarding The Issuance Of Request For Proposals (RFP) For Catering And Concession Services For The Miami Beach Convention Center. 2) Discussion Regarding Giving Guidance To The IT Steering Committee To Review The Pros And Cons Of Becoming A Paperless Environment And Create New Policies And Procedures To Be Implemented Within The City Of Miami Beach. 3) Discussion Regarding Renewal Of The Professional Services Agreement Between The City Of Miami Beach And The Superlative Group For Professional Services In Corporate Sponsorship Marketing Pursuant To Request For Proposals No. 06-04/05. 4) Discussion To Consider Replacement Of The City's Public Safety Radio System With A New P25 Compliant System Before The Federally Mandated 2016 Timeframe. 5) Discussion regarding the possible World Out Games Miami Beach 2017 Funding. 6) Discussion Budget Advisory Committee's Proposed Policies And Guidelines For The City's Pension Plan. 7) Discussion To Consider Additional Community Input For The Sunset Harbor Neighborhood Improvements Projects. 8) Discussion Directing The Administration To Give The Commission An Analysis Of All The 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. 9) Discussion Regarding Advertising Panels On Lincoln Road. C6F Report Of The Special Land Use And Development Committee Meeting Of February 21, 2013: 1) 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. 7 7 Commission Agenda, March 13, 2013 C7 -Resolutions C7A A Resolution Approving And Authorizing The City Manager Or Her Designee To Submit The Following Grant Applications: 1) Florida Inland Navigation District For Funding In The Approximate Amount Of $280,000 For Shoreline Reconstruction Of Normandy Shores Park Seawall; 2) Florida Inland Navigation District For Funding In The Approximate Amount Of $160,000 For Design Of Indian Creek Park Seawall; 3) Florida Inland Navigation District For Funding In The Approximate Amount Of $40,000 For A Parks Blueways Plan; 4) The Florida Department Of Agriculture And Consumer Services, Urban Forestry Program, In The Approximate Amount Of $10,000 For Tree Plantings; And, 5) State Of Florida, Department Of Health, For Funding In The Approximate Amount Of $40,000 For Equipment Related To Pre- Hospital Emergency Services; Appropriating The Above Funds, If Approved And Accepted By The City, And Authorizing The Execution Of All Necessary Documents Related To These Applications. (Budget & Performance Improvement) C7B A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee Automatically Withdrawing Items Referred To City Commission Committees If Not Heard Within Six (6) Months From Its Referral Date And Recommending Inclusion Of A Report In City Commission Agenda Transmitting A List Of Withdrawn Items. (City Manager's Office) C7C A Resolution Accepting A Donation Of Surplus Funds From The Miami Beach Health Facilities Authority ("MBHFA") Account, Pursuant To A Resolution Of The MBHFA Adopted At Its February 20, 2013 Meeting, In The Amount Of $715,331, For Appropriation And Disbursement By The City To Non-Profit Human Health Service Agencies, As Provided In Section 154.209(14), Florida Statutes; Provided Further That The MBHFA Recommends That Such Surplus Funds Be Appropriated And Disbursed As Follows: $150,000 To Provide Continued Support To Miami Beach Community Health Center, Inc.; And 2) $565,331 To Mount Sinai Medical Center, To Be Used For Its Miami Beach Resident Indigent Care Program To Provide Treatment For Unfunded Residents Of The City Of Miami Beach. (Finance Department) C7D A Resolution Consenting To And Confirming The Appointment Of Jay Fink As The Acting Director Of The Public Works Department For The City Of Miami Beach. (Human Resources) C7E A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee At Its January 28, 2013 Meeting To Install A Fence Around The Perimeter Of The Scott Rakow Youth Center Playfield. (Parks & Recreation) 8 8 Commission Agenda, March 13, 2013 C7 • Resolutions (Continued) C7F A Resolution Approving, Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase Of Beach Access Accessibility "Mobi-Mats" From Deschamps Mat Systems, Inc. (D.B.A. OMS), The Exclusive Distributor Of The Access Mats, In The Annual Estimated Amount Of $86,731.68, For A Period Of (3) Three Years. (Property Management/Procurement) C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The Joint Participation Agreement, Executed On October 17, 2012, With The State Of Florida Department Of Transportation, For The Construction Of Drainage Improvements On S.R. 907 I Alton Road At 1Oth Street. (Public Works) C7H A Resolution To Accept The Recommendation Of The Finance And Citywide Projects Committee To Execute An Amendment To The Lease Agreement Between The City Of Miami Beach And Damian J. Gallo & Associates, Inc. D/B/A Permit Doctor, Dated July 30, 2003, Involving The Use Of Approximately 1,269 Square Feet Of Ground Floor Retail Space Located At 1701 Meridian Avenue, Unit 4 (NKJA 775 17th Street), Miami Beach, Florida; Said Amendment Authorizing An Additional Use Of The Premises And Further Authorizing The City To Negotiate A Concession Agreement Allowing For An Outdoor Eating Area, Adjacent To The Leased Premises. (Real Estate, Housing & Community Development) C71 A Hesolution Accepting The Recommendation Of The Finance And Citywide Projects Committee And Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The Lease Agreement Between The City And MDGLCC Foundation, Inc., Dated March 10, 2010, Involving The Use Of Approximately 2,543 Square Feet Of Office Space Located At Historic City Hall, 1130 Washington Avenue, 1st Floor North, Miami Beach, Florida; Said Amendment Providing A Rent Reduction. (Real Estate, Housing & Community Development) C7 J A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee Requesting The Miami Beach Visitor And Convention Authority To Serve As The Host Committee For The City Of Miami Beach Centennial, Which Will Occur On March 26, 2015. (Tourism & Cultural Development) C7K A Resolution Accepting The Recommendation Of The Interim City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 56-11/12, For The Purpose Of Conducting And Documenting A Detailed Facilities Condition Assessment Of Various Buildings/Assets Owned By The City Of Miami Beach, And To Develop A Schedule For Assets And Equipment Replacement Within The Buildings/Assets To Include Current And Projected Future Replacement Costs; Authorizing The Administration To Enter Into Negotiations With All Three Proposers: Bermello Ajamil & Partners, Inc.; Nova Engineering And Environmental, LLC.; And VFA, Inc.; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon Conclusion Of Successful Negotiations By The Administration. (Property Management/Procurement) 9 9 Commission Agenda, March 13, 2013 C7 -Resolutions (Continued) C7L A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 022-2013ME, For Call Center Services; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposers, 1-800 We Answer; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second- Ranked Proposer, lnktel Government BPO Services; And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, IVOX Solutions, LLC.; Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Finance/Parking/Fire/Procurement) C7M A Resolution Waiving By 5/7th Votes, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Purchase Vehicles Pursuant To The Florida Sheriffs Association Contract No. 12-20-0905. (Fleet Management) (Memorandum & Resolution to be Submitted in Supplemental) C7N A Resolution Accepting The Recommendation Of The Interim City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 52-11/12, For Professional Construction Engineering And Inspection (CEI) Firms To Provide Various CEI Services On An "As Needed" Basis; Authorizing The Mayor And City Clerk To Execute Agreements Upon Completion Of Successful Negotiations With The Five Top-Ranked Proposers: Atkins North America, Inc., Bermello Ajamil & Partners, Inc., Chen Moore And Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), And Parson Brinckerhoff, Inc. (Capital Improvement Projects/Procurement) End of Consent Agenda 10 10 Commission Agenda, March 13, 2013 REGULAR AGENDA RS ·Ordinances R5A An Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Creating Division 34, To Be Entitled "Bicycle-Pedestrian Facilities Advisory Committee," And Sections 2-190.149 Through 2-190.153 Therein To Provide Provisions Establishing The Committee And Its Purpose, Powers And Duties, Composition, And Supporting Department; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: Public Works) (First Reading on February 6, 2013) R5B An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-11, Entitled "Running At large Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including June 30, 2013; Providing For Repealer; Severability; Codification; And An Effective Date. 10:30 a.m. Second Reading Public Hearing R5C CD-2 Self Storage (Requested by the City Commission) (Legislative Tracking: Parks & Recreation) (First Reading on February 6, 2013) An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," By Permitting "Self-Storage Warehouses" As A Conditional Use In This Zoning District; Providing For Repealer, Severability, Codification And An Effective Date. 10:45 a.m. Second Reading Public Hearing (Requested by Commissioner Jerry libbin) (Legislative Tracking: Planning Department) (First Reading on February 6, 2013/Referred to LUDC) R5D An Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Division 29, Entitled "Debarment Committee," By Amending The Purpose, Powers, And Duties Of The Committee To Include Authority To Consider The Suspension Of Contractors In Addition To Debarments; 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 February 6, 2013/Referred to NCAC) 11 11 Commission Agenda, March 13, 2013 R5 -Ordinances (Continued) 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. 5:15p.m. Second Reading Public Hearing (Requested by Land Use & Development Committee) (Legislative Tracking: Planning Department) (First Reading on February 6, 2013) R5F No Wake Ordinance An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, Facilities And Vehicles," By Amending Article II, To Be Entitled "Restricted Wake Zones," To Create Regulations For Restricted Wake Zones: Providing For A Purpose; Providing For Definitions: Providing For Restricted Areas; Providing For Posting Of Regulatory Markers; Providing For Exemptions: Providing For Enforcement And Penalties; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioner Jorge R. Exposito) (Legislative Tracking: City Attorney's Office) (No Action Taken on December 12, 2012/Referred to LUDC) R7 -Resolutions R7A A Resolution [Granting Or Denying] An Appeal Request 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. 5:01 p.m. Public Hearing (Planning Department) (Memorandum & Resolution to be Submitted in Supplemental) R7B 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 Street Restrooms In The Amount Of $614,322; 53rd Street Restrooms And Ocean Rescue Building In The Amount Of $586,171, And The Provision Of A Temporary Office Trailer For Ocean Rescue In The Amount Of $24,704, For A Subtotal Project Cost In The Amount Of $1,225,197, Plus An Owner's Project Contingency Of $110,268, For A Grand 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) 12 12 Commission Agenda, March 13, 2013 R7-Resolutions (Continued) R7C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 13, To The Existing Professional Services Agreement Between The City And Chen Moore & Associates, Inc., Dated September 8, 2004, For The City Center Right-Of-Way Neighborhood Improvement Project Bid Packages 9A And 9B; In The Negotiated Not-To-Exceed Amount Of $145,044, Plus An Additional Amount Of $2,000 For Approved Reimbursable Expenses, For A Grand Total Of $147,044; To Provide Extended Construction Administration And Resident Project Representative Services Until Project Completion; With Previously Appropriated Funding From The City Center RDA Fund 365. (Capital Improvement Projects) R7D A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The Construction Contract Between The City And Lanzo Construction Co., Florida, For The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program, Neighborhood No. 8 Central Bayshore (Package A) And Lake Pancoast (Package C); Dated April 8, 2011; Said Amendment In The Not-To-Exceed Amount Of $3,385,441, For The Construction Of The Additional Scope Of Work Approved Under Resolution No. 2012-27972, Which Includes The Homeowner Association (HOA) Requested Roadway Width And Landscape Items, Providing Additional Stormwater Upgrades To The Area Known As Zone 4 In The Basis Of Design Report (BOOR), And Providing Milling And Re-Surfacing Of The Roadway (In Lieu Of Asphalt Overlay) For The Remaining Areas Within Package A; With Previously Appropriated Funding In The FY 2012/13 Capital Budget, In The Amount Of $3,385,441 For Construction, And $338,545 For Contingency, For A Grand Total Of $3,723,986. (Capital Improvement Projects) R7E A Resolution Approving A Contract Award, Pursuant To Invitation To Bid No. 49-11/12, For The Right-Of-Way Infrastructure Improvement Program -Venetian Islands Bid Package 13C; Authorizing The Mayor And City Clerk To Award A Construction Contract To Lanzo Construction Co. Florida, In The Amount Of $9,699,509 Base Bid Plus $640,028 For Selected Alternates And A Project Contingency In The Amount Of $1 ,033,954; For A Total Construction Cost Of $11,373,491 From Previously Appropriated Funding In The Capital Budget From The Following Funds: $2,842,713 From Fund 384-2003 Go Bonds-Neighborhood Improvements; $2,336,942 From Fund 420-W&S GBL Series 201 0; $130,484 From Fund 423-Gulf Breeze 2006; $450,275 From Fund 425 -Water & Sewer Enterprise Fund; $1,357,846 From Fund 427 -Stormwater Enterprise Fund; And $2,254,223 From Fund 431 -Stormwater Bond Fund 2011; And An Additional $1,003,062 In Water & Sewer Funds And $977,946 In Stormwater Funds Subject To The 2nd Amendment To The Capital Budget For Fiscal Year 2012/13; And Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project. (Capital Improvement Projects/Procurement) R7F A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee To Amend Section 70-87(a)(1) Of The City Code To Provide An Exemption Allowing For The Sale, Service, Possession And Consumption Of Alcoholic Beverages Within Designated Approved Beach Concession Areas, Subject To The Approval Of Amendments To The City's Amended And Restated Rules And Regulations For Beachfront Concession Operations To Allow For Such Exemption. (City Manager's Office) 13 13 Commission Agenda, March 13, 2013 R7-Resolutions (Continued) R7G A Resolution Approving In Substance The Terms Of A Professional Services Agreement With The International City/County Management Association ("ICMA") For Review And Recommendations For Efficiencies For The Fire Department; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Agreement Based Upon The Approved Terms; And Authorizing The Mayor And City Clerk To Execute The Final Agreement In An Amount Not To Exceed $70,000. (City Manager's Office) R7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The Professional Services Agreement Between The City Of Miami Beach And Strategic Advisory Group Dated October 19, 2011 For Consulting Services Relative To The Expansion And Enhancement Of The Miami Beach Convention Center Campus/District In An Amount Not To Exceed $240,945, Including All Reimbursable Expenses, With Previously Appropriated Funds From FY 2012/2013 Operating Budget Fund 168 RDA City Center Operations. (City Manager's Office) R71 A Resolution Adopting The Second Amendment To The Capital Budget For Fiscal Year 2012/13. (Budget & Performance Improvement) R7 J A Resolution Opposing The Expenditure Of Any Public Funds For Renovations To Dolphin Stadium. (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: City Attorney's Office) R7K A Resolution Accepting The Neighborhood/Community Affairs Committee Recommendation Regarding The Relocation Of The Property Management Facility From The Sunset Harbour Neighborhood. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) 14 14 Commission Agenda, March 13, 2013 R7-Resolutions (Continued) R7L A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee Pertaining To A Proposed Amendment No. 3 To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami Beach Redevelopment Agency (Collectively, Lessor) And Penn 17, LLC (Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,655 Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; Recommending That, As Part Of Said Amendment, The Mayor And City Commission Approve The Following Amended Schedule Of Rent: 1) Applying One Third (1/3) Of The Lessee's Existing Security Deposit, Representing $47,844, Toward Base Rent Owed For The Month Of November 2012; 2) Deferring $8,474 For Common Area Maintenance (CAM) For November 2012, And Base Rent, Plus CAM, For December 2012, In The Total Amount Of $64,792 (Hereinafter Referred To As The Back-Due Rent); 3) Approving An Abatement Of Fifty Percent (50%) Of The Base Rent And CAM Due For The Six (6) Month Period Commencing January 13, 2013 Through July 12, 2013; 4) Deferring Fifty Percent (50%) Of The Base Rent And CAM For The Six (6) Month Period Commencing July 13, 2013 Through January 12, 2014; And, 5) Providing For Re-Payment By Lessee Of The One Third Security Deposit And Re-Payment Of The Back-Due Rent For November And December, 2012; All In Accordance With The Payment Schedule Attached As Exhibit "A" Hereto; Further Setting Of A Public Hearing By The City For April 17, 2013, Regarding Lessee's Proposal To Add An Entertainment Component As A New Proposed Use On The Lease Premises (And As Part Of Lessee's Proposal To "Re-Brand" And Re-Open The Premises), And As Required By Section 142-362 Of The City Code. Joint City Commission and Redevelopment Agency (Real Estate, Housing & Community Development) R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A 1 Board And Committee Appointments-City Commission Appointments. (City Clerk's Office) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Or. Stanley Sutnick Citizen's Forum. (5:30p.m.) R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) R9D Discussion Of Providing Reserved Parking For Monthly Permit Holders On Lower Floors In Our Garages To Alleviate Inconvenience Experienced By Permit Holders During Major Events Such As The Boat Show. (Requested by Commissioner Jerry Libbin) 15 15 Commission Agenda, March 13, 2013 R9 ~ New Business and Commission Requests (Continued) R9E Discuss Putting Out To Bid The Commercial Waste Hauling Franchises As There Has Been Further Consolidation. (Requested by Vice~Mayor Jonah Wolfson) R9F Discussion Item -The Office Of The City Clerk Is Seeking Direction As To The Usage Of Pre- Paid Return Postage Or Regular Envelopes, Where Voters Must Provide Their Own Postage, To Return Absentee Ballots In The Upcoming November 2013 City Elections. (City Clerk's Office) R9G Discussion Regarding Prohibiting Capital Improvement Projects Or County Capital Improvement Projects During The Miami International Boat Show And Art Basel. (Requested By Commissioner Michael Gongora) R9H Discussion To Withdraw From The Planning Board's Consideration The Proposed Ordinance "Revising The Year Of Review For Architectural Significance Of Single Family Homes From The Current 1942 To The Year 1966, And By Modifying The Procedures For The Review And Approval Of Demolition Requests For Single Family Homes Determined To Be Architecturally Significant And Not Located Within A Designated Historic District" (Planning Board File No. 2098), And To Refer The Matter Back To The Land Use And Development Committee For Further Discussion And Evaluation. (Requested by Vice-Mayor Jonah Wolfson) R91 Discuss Selecting The City Manager. (Requested by Mayor Matti Herrera Bower) R 1 0 -City Attorney Reports R 1 OA City Attorney's Status Report. (City Attorney Office) Reports and Informational Items 1. Reports and Informational Items (see LTC No. 073-2013) 2. List of Projects Covered by the Cone of Silence Ordinance-LTC No. 064-2013. (Procurement) End of Regular Agenda 16 16 MIAMI BEACH City of Miami Beach, 1700 Corwenlion Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 AM. GENERALLY THE CITY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. DR. STANLEY SUTNICK CITIZENS 1 FORUM wfll 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 adiourned 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 Hal!. 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 1s 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.miamibe_achfl.gov the Thursday prior to a regularly scheduled City Commission Meeting. 3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, on appointment may be scheduled to discuss the matter with a member ofthe City Manager 1s staff. uRequests for Agenda Consideration 11 will not be placed on the Agenda until after Administrative staff review. Such review will ensure that the issue is germane to the City1s 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 Monager 1s Office no later than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once on 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 5:00 p.m., no later than the day prior to the Commission meeting and give their nome, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who hove been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on on Agenda item, IT IS NOT necessary to register at the City Clerk 1s 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 on emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. F:\CLER\CLER\CITYCLER\sutnick.v21.doc 17 I 2013 Schedule of City of Miami Beach City Commission and Redevelopment Agency (RDA) Meetings Meetings begin at 9:00 a.m., and are held in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Commission Meetings Alternate Meetings January 16 (Wednesday} January 23 (Wednesday) February 6 (Wednesday) February 27 (Wednesday) March 13 (Wednesday) March 20 (Wednesday) April 17 (Wednesday) April 24 (Wednesday) May 8 (Wednesday) May 22 (Wednesday) June 5 (Wednesday) July 17 Wednesday) July 24 Wednesday) August -City Commission in recess September 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 18 CITY CLERK'S OFFICE LOBBYIST LIST-REVISED February 6, 2013 Commission Meeting Lobbyist's Name Retained by Principal Date Registered R7C Execute Amendment 13 to PSA w/ Chen Moore & Associates ... $145,044 Eric Zichella Chen Moore Engineering 1/23/2013 -,,,,~:o~f'{~·)F R9C Update on the Miami Beach Convention Center Victor Diaz Roberts. Wen nett 11/20/2012 Lucia Dougherty Portman Holdings/CMC Group 04/05/2012 Alfredo Gonzalez Portman Holdings/CMC Group 04/05/2012 Alexander Heckler Jonathan Kurry -Turnberry Lincoln 04/30/2012 Wayne Pathman CConnecMB 06/03/2012 Aaron Perry Miami Beach Chamber of Commerce 01/15/2013 David Rothenberg RobertS. Wennett!Tishman Realty 01/29/2013 David Sacks CConnecMB 06/03/2012 Roberto Sanchez ARAMARK 09/12/2012 ';{$'';1~\''!,ic[{;"'~:C,,v, ;'"cii:i{;j~~~ R9E Discuss Put Out to Bid Commercial Waste Hauling Franchises George Acevedo Waste Services, Inc. 05/04/2012 Mitchell Bierman Waste Services, Inc. 08/20/2008 Charles Citrin Waste Management, Inc. 02/20/2012 David Gustin Waste Pro of Florida 07/01/2011 Robert Goodman Waste Management 06/02/2008 Harold Rosen Waste Management 05/15/2012 Clifford Schulman Waste Services, Inc. 07/12/2011 Updated Wednesday, March 6, 2013 F:ICLERICOMMON\2013\03132013\LOBBYIST LIST.Oocx 19 Amount Disclosed $3,500 per month fi!+?:Z;U,\:~i"'£!1· 'A'5fj'1i'\', No compensation $700 per hour $450 per hour $300-$400 per hour $450 per hour No compensation No compensation $375 per hour $1,500 flat fee )':r~ ~''tl <~:;~J,~~h Employee $500 per hour $0 $15,000 per year $1,000 per month $2,000 per month $500 per hour PA PRESENTATIONS AND AWARDS ""0 )> Presentations and Awards PA 1 Certificate Of Appreciation To Be Presented To Officer Thomas Fleischhauer, Miami Beach Police Department's Officer Of The Year 2012. (Requested by Commissioner Jorge R. Exposito) PA2 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For January 2013. (Requested by Commissioner Jorge R. Exposito) PA3 The Miami Beach Chamber Education Foundation Will Present $10,000 To The City Of Miami Beach To Support Teacher Training In The International Baccalaureate (IB) Program. (Requested by Commissioner Jerry Libbin) PA4 Proclamation To Be Presented Declaring "Earth Hour Day" On March 23, 2013. (Requested by Commissioner Michael Gongora & Mayor Matti Herrera Bower) PA5 Proclamation To Be Presented Declaring "Military Family And Community Covenant Day" On April17, 2013. (Requested by Mayor Matti Herrera Bower) PA6 Certificate Of Appreciation To Be Submitted To Joe Kaplan, For Years Of Service As A Special Master In The City Of Miami Beach. (Requested by Mayor Matti Herrera Bower) PA7 Certificates Of Recognition To The 2012/2013 Miami Beach Senior High PTSA Board Members For Their Hard Work And Dedication To The School. (Requested By Vice-Mayor Jonah Wolfson) PA8 Certificates Of Recognition To Be Presented To Luisa Castillo Echeverria Senior/ Participant And Lincoln Marti And Its Director Ana Vazquez, Employer/Participant In UNlOAD's Senior Placement Program. (Requested By Vice-Mayor Jonah Wolfson) PA9 Proclamation To Be Presented To Pubbelly Restaurants For Their Dedication And Commitment To Miami Beach. (Requested By Commissioner Michael Gongora) PA 10 Certificates Of Recognition To Be Presented To The Principal, Vice Principals And Teachers Of South Pointe Elementary In Miami Beach. (Requested By Commissioner Michael Gongora) PA 11 Certificates Of Recognition For Outstanding Police Work Resulting In Seizure Of Over 30 Firearms. (Requested by Commissioner Jerry Libbin) 21 Agenda Item PA 1-\I Date 3-13-1.!> THIS PAGE INTENTIONALLY LEFT BLANK 22 C2 COMPETITIVE BID REPORTS COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Purchase, An Additional Sixteen (16) Honda Four Trax Rubicon All-Terrain Vehicles From G, J & L Inc., Pursuant To Invitation To Bid (ITB) No. 31-11/12, In The Amount Of $124,128.00. K I 0 S ey ntended utcome upported: Increase community satisfaction with City government; Increase visibility of police; Maintain crime rates at or below national trends; Increase satisfaction with family recreational activities; and Ensure well-maintained facilities. Supporting Data (Surveys, Environmental Scan, etc.): A total of 16 all-terrain vehicles (ATVs) are being replaced due to a combination of factors that include age, usage conditions, exposure to salt water, and maintenance/repair/collision expenses. Life expectancy for Ocean Rescue ATVs is approximately two and one-half years, and three years for those used by other departments. 100% of the ATVs being replaced will have exceeded their life expectancy at the time of their replacement, with Ocean Rescue ATVs averaging usage of approximately 11% beyond life expectancy. Maintenance and repair expenses to date average approximately 26% of the vehicles' original acquisition cost. Issue: Shall the Mayor and City Commission approve the purchase? Item Summary!Recommendation: At its April 12, 2012, meeting, the City Commission approved Agenda Item C2A for the purchase of the twelve (12) ATVs from G, J & L. As a condition of ITB No. 31-11/12, the City may purchase additional vehicles under the same terms, conditions and pricing for a period of one year following the initial purchase, which occurred in May 2012. This request is for approval to purchase an additional16 ATVs from G, J & L. The 16 Honda Four Trax Rubicon all terrain vehicles, are approved budgeted replacements and will be funded by the Fleet Management Fund Capital Account No. 510-6173-000673. A total of $144,000 was budgeted for the purchase of these vehicles. A total of 15 vehicles will be used by the Fire Department Ocean Rescue Division and the Police Department in support of life safety emergencies, water rescues, beach safety preventative actions, and to patrol the City Beaches. The Real Estate, Housing & Community Development Department will utilize one all-terrain vehicle to provide site inspections of beachfront concessionaires. The Administration recommends approving the purchase. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Fun : 510-6173-000673 Fleet Management Fund Capital 1 $124,128.00 Account. OBPI Total $124,128.00 11ciallmpact Summary: ager MIAMI BEACH 24 AGENDA ITEM C ~A. DATE ;3-l ~-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: March 13, 2013 SUBJECT: REQUEST FOR APPROVAL TO PURCHASE AN ADDITIONAL SIXTEEN (16), HONDA FOUR TRAX RUBICON ALL-TERRAIN VEHICLES FROM G, J & L INC., PURSUANT TO INVITATION TO BID (ITB) NO. 31-11/12, IN THE AMOUNT OF $124,128.00. ADMINISTRATION RECOMMENDATION Approve the purchase. FUNDING $124,128.00 Funding is available from the Fleet Management Fund (51 0-6173- 000673), previously appropriated in the adopted capital budget. BACKGROUND AND ANALYSIS The sixteen (16) Honda Four Trax Rubicon all-terrain vehicles (ATVs) are recommended to be purchased pursuant to Invitation to Bid (ITB) No. 31-11/12. The ATVs are approved budgeted replacements in Fiscal year 2012/13, and will be funded by the Fleet Management Fund. A total of $144,000 was budgeted for the purchase of these vehicles. The cost of graphics and other safety equipment provided by other vendors is not included in the G, J & L purchase amount. The Ocean Rescue Division of the Fire Department will utilize eight (8) ATVs in support of life safety emergencies, water rescues and beach preventative actions. All vehicles will be equipped with trailer hitches to tow the jet skis, water-proof utility boxes for rescue equipment, and 4x4 automatic transmissions so they may be utilized in soft sand. The Police Department will utilize seven (7) A TVs for emergency response and to patrol the City Beaches. The Real Estate, Housing & Community Development Department will utilize one (1) ATV to provide site inspections of beachfront concessionaires. All vehicles and equipment are scheduled for review and/or replacement based on a pre- determined schedule using the average life expectancy based on industry standards and type of service for which the vehicle/equipment is being used. Each year the Fleet Management capital budget for replacements is adjusted in accordance with the schedule. 25 Commission Memorandum March 13, 2013 Page2 Once it reaches its planned replacement, the vehicle/equipment is physically inspected. All information related to the vehicle is reviewed i.e. age, mileage/hours, maintenance cost, depreciation value, residual value, accident record and overall condition are taken into consideration to determine whether the vehicle should be replaced or can safely remain in the fleet for an additional time period and still be cost effective to maintain. Fleet Management has detailed maintenance and fuel records on each vehicle/equipment during its life cycle. If it is determined that the vehicle/equipment should be replaced, the general policy is to replace "like for like" based on the availability of a comparable vehicle or equipment. An example would be: a compact car for a compact car. Prior to making an acquisition it is the policy to contact the requesting department to verify the vehicle and operating requirements. Once this process is completed, research is conducted to identify if contract pricing is available and within the guidelines of the City Procurement Policy. If there are no contracts available, a formal bid process is initiated by the Procurement Division. The ATVs being replaced are used on the beach and experience extensive corrosion, frequently resulting in irreparable damage and cracking to the frame; particularly those used by Ocean Rescue (Dept. 0960). As a result of operating in such a corrosive environment, any corrosion-related damage to vehicle parts, such as axles, frames, linkages, u-joints, cooling pipes, and cabling is not covered by the manufacturer under its warranty. Life expectancy for Ocean Rescue ATVs is approximately 2.5 years, and 3 years for those used by other departments. One-hundred percent (1 00%) of the active A TVs being replaced will exceed their life expectancy on average by 10% at the time of their replacement, including 1 0% for Ocean Rescue and 11% for the other departments. Maintenance and repair expenses to date, as a percent of the vehicles' original acquisition cost, are 31%. The vehicles to be replaced, as listed in Attachment 1, meet or exceed the established criteria for replacement. On February 27, 2012, ITB No. 31-11/12 was issued for the delivery of twelve (12) Honda Fourtrax Rubicons, with an opening date of March 19, 2012. BidNet sent bid notices to over 15 prospective bidders. Additionally, the Procurement Division e-mailed the Bid to another four (4) prospective bidders. The notices resulted in the receipt of two (2) bids from Ameri-Recreational Sports, LLC., and G, J & L Inc. G, J & L Inc. provided the lowest and best bid. At its April 12, 2012, meeting, the City Commission approved Agenda Item C2A, for the purchase of the twelve (12) ATVs which were subsequently purchased in May, 2012. As a condition of ITB No. 31-11/12, the City may, at its sole discretion, purchase additional vehicles under the same terms and conditions for a period of one year following the initial purchase, from the same supplier that was issued the original purchase order. As a result, the same bid will be used to purchase the additional sixteen (16) approved vehicles from G, J & L per the below bid tabulation. 26 Commission Memorandum March 13, 2013 Page3 Model TRX500 A TV 4x4 Delivery & Set-up TOTAL FOR A TV'S OPTIONS Storage Box Undercoatinq 2 inch trailer ball 12 Mo. Extended Warranty 3rd Key TOTAL OPTIONS TOTAL FOR A TV'S AND OPTIONS CONCLUSION G, J & L Inc. $7,096 each x16 = $113,536 No charge $113 536 $188 each x 16 = $3,008 $95 each x 16 = $1 520 $6 each x 16 = $96 $370 each x 16 = $5,920 $3 each x 16 = $48 $10,592 $124,128 The Administration recommends that the City Commission approve the purchase of an additional sixteen (16) Honda Four Trax Rubicon all-terrain vehicles, from G, J & L, Inc., pursuant to Invitation To Bid (ITB) No. 31-11/12, in the amount of $124,128.00. KGB/JGG/FH 8/JC/JD T:\AGENDA\2013\March 13\Fieet-ATVs Memo 2013-03-13.docx 27 ~ 00 Attachment 1 HONDA ATV MODEL TRX500 ·MAINTENANCE AND REPAIR EXPENSES BY VEHICLE#, THROUGH JANUARY 30, 2013 Acquired Date: Proj. Replacement Date: Condition: 2.7 Poor Poor 3.3 3.3 AverngeAge,Yffi.: t-----~L--------------------------------------------------------------L----------------------------------------------------~ Active REHCD & Police Patrol ATVs: 11% Beyond Life Expectancy Active Ocean Rescue ATVs: 10% Beyond Life Expectancy Average: 10% Beyond Life Expectancy Active REHCD & Police Patrol ATVs:. Active Ocean Rescue ATVs: 3.3 2.7 Note: Deadlined ATVs auctioned on Sept. 29, 2012 T:\.A.GENDA\2043\March 13\Fieet-ATVs Attach i 2013-03-'13 AveL Age, Yrs. Aver. Age, Yrs. 2.9 Amortized Capital Cost per Month for 16 ATVs:(m $2~ Avernge Maintenance Cost per Month -16 ATVs THIS PAGE INTENTIONALLY LEFT BLANK 29 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts Pursuant To Invitation To Bid No. 66 11/12, For General Building and Specialty Trades Services, To Enterprise Electrical, Southern Comfort Solutions, Advanced Roofing, Team Contracting, FHP Tectronics Corp., Kearns Contruction, Servpro of Brickell, Triangle Fire, Delcons, AGC Electric, Haber & Sons Plumbing, Aaron Construction Group, A 1 Fire & Security, Commercial Interior Contractors Corp., Full Cover Roofing, A & J Roofing, Comfort Tech, Coral Gables Glass & Mirror, Sanchez Arango Construction, Edd Helms Electric, FXP Corp., and S.A. Consultants LLC, on an as needed basis, subject to budgetary approval at time of need. Key Intended Outcome Supported: Ensure well-maintained facilities. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The purpose of Invitation to Bid (ITB) No. 66 11/12 was to establish a contract, by means of sealed bids, with qualified vendor(s), to provide for General Building and Specialty Trades Services. This contract shall remain in effect for two (2) years from the date of contract execution by the Mayor and City Clerk. This contract may be renewed, at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year options. ITB No. 66 11/12 was issued on September 24, 2012, with a bid opening date of October 24, 2012. A pre-bid conference was held on October 3, 2012, and no addendums were issued. Six hundred twenty seven (627) bid notices were issued, five hundred ninety two (592) though the Bid Net system and another thirty five (35) through the Procurement Division. Thirty-four (34) vendors downloaded the bid documents and twenty-five (25) firms submitted responses to the ITB. One (1) firm, Louna Corp., was deemed non-responsive for not meeting the three (3) year minimum qualifications pursuant to Section 3.2, Minimum Qualifications. Two (2) firms, H.A. Contracting and Coastland Construction Inc., were deemed non-responsible pursuant to Section 1.36, Determination of Award. Firms have been qualified as detailed in Section 3.3 of the ITB. The Administration is recommending award by group number detailed in the attached memo to Enterprise Electrical, Southern Comfort Solutions, Advanced Roofing, Team Contracting, FHP Tectronics Corp., Kearns Contruction, Servpro of Brickell, Triangle Fire, Delcons, AGC Electric, Haber & Sons Plumbing, Aaron Construction Group, A1 Fire & Security, Commercial Interior Contractors Corp., Full Cover Roofing, A & J Roofing, Comfort Tech, Coral Gables Glass & Mirror, Sanchez Arango Construction, Edd Helms Electric, FXP Corp., and S.A. Consultants LLC. When a need for services arises the departments will enter a requisition in order for the Procurement Division to issue a Request for Quotation listing scope of work, technical specifications, location, pre-bid meeting, etc., and contractors pre-qualified in the particular trade will be invited to participate and submit sealed bids to the Procurement Division. The purchase order will be released to the lowest responsive and responsible bidder. APPROVE THE AWARD OF THE CONTRACT. Advisory Board Recommendation: Financial Information· Source of Amount Funds: 1 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Alex Denis, Ext. 7490 PO MIAMI BEACH Account Subject to budgetary approval at time of need. Manager 30 r KGB AGENDA ITEM C~B DATE 3-/3 -1_3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Mattie Herrera Bower and Members of the City C FROM' Kathie G. Brooks, Interim City Manager / ~ DATE: March 13, 2013 SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS PURSUANT TO INVITATION TO BID NO. 6611/12, FOR GENERAL BUILDING AND SPECIALTY TRADES SERVICES, TO ENTERPRISE ELECTRICAL, SOUTHERN COMFORT SOLUTIONS, ADVANCED ROOFING, TEAM CONTRACTING, FHP TECTRONICS CORP., KEARNS CONTRUCTION, SERVPRO OF BRICKELL, TRIANGLE FIRE, DELCONS, AGC ELECTRIC, HABER & SONS PLUMBING, AARON CONSTRUCTION GROUP, A1 FIRE & SECURITY, COMMERCIAL INTERIOR CONTRACTORS CORP., FULL COVER ROOFING, A & J ROOFING, COMFORT TECH, CORAL GABLES GLASS & MIRROR, SANCHEZ ARANGO CONSTRUCTION, EDD HELMS ELECTRIC, FXP CORP., AND S.A. CONSULTANTS LLC, ON AN AS NEEDED BASIS, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Ensure well maintained facilities. FUNDING Subject to budgetary approval from the various sources of funds at time of need. ITB PROCESS The Procurement Division issued an Invitation to Bid No. 66 11/12 in order to establish a term contract for the Pre-Qualification of General Building and Specialty Trades Services. ITS No. 66 11/12 was issued on September 24, 2012, with a bid opening date of October 24, 2012. A pre-bid conference was held on October 3, 2012, and no addendums were issued. 31 Commission Memorandum ITB 66 11/12 General Building and Specialty Trades Services March 13, 2013 Page 2 of4 The work required under this contract is skilled work in the following areas: 1) Air Conditioning/HVAC 13) Marine Services 2) Asphalt Sealing (Excluding 14) Mechanical Roadway Pavements) 15) Mechanical (Fire Systems) 3) AudioNisual 16) Painting/Waterproofing 4) Awning/Shutters 17) Plumbing 5) Carpentry/Wood Work 18) Pump Repairs 6) Carpeting 19) Roofing 7) Electrical 20) Swimming Pool 8) Flooring 21) Tennis/Sports Courts 9) General Building (GC) 22) Tile 1 0) Glass/Glazing 23) Water Intrusion 11) Irrigation/Sprinkler System 24) Welding (Heli-arc, Mig/Tig, 12) Locksmith Oxygen/Acetylene, Brazing) Bid Net issued bid notices to five hundred and ninety two (592) prospective bidders, and the Procurement Office issued an additional thirty-five (35) bid notices. Thirty-four (34) vendors downloaded the bid documents. A total of twenty five (25) firms submitted documentation to be qualified: Enterprise Electrical, Southern Comfort Solutions, Advanced Roofing, Team Contracting, FHP Tectronics Corp., Coastland Construction, Kearns Contruction, Servpro of Brickell, Triangle Fire, Delcons, AGC Electric, Haber & Sons Plumbing, Louna Corp., Aaron Construction Group, A1 Fire & Security, H.A. Contracting, Commercial Interior Contractors Corp., Full Cover Roofing, A & J Roofing, Comfort Tech, Coral Gables Glass & Mirror, Sanchez Arango Construction, Edd Helms Electric, FXP Corp., and S.A. Consultants LLC. One (1) firm, Louna Corp., was deemed non-responsive for not meeting the three (3) year minimum qualifications pursuant to Section 3.2, Minimum Qualifications. Two (2) firms, H.A. Contracting and Coastland Construction Inc., were deemed non-responsible pursuant to Section 1.36, Determination of Award. In order to be qualified for any of the above listed trades, bidders were requested to submit with their bid response (and maintain same in good standing throughout the duration of the contract) a current valid Certificate for General Building/Engineering or Specialty Trade Contracting, for the types of work covered by this Bid and issued by: (a) The State of Florida Construction Industry Licensing Board, pursuant to the provisions of Section 489.115 of the Florida Statutes; or {b) The Miami-Dade County Construction Trades Qualifying Board, pursuant to the provisions of Section 1 0-3( a) of the Code of Miami-Dade County. Holders of County Certificates of Competency must also hold Certificates of Registration issued by the State of Florida Construction Licensing Board, pursuant to the provisions of Section 489.115 or 489-117, Florida Statutes. The ITB stipulated that award of this contract will be made to all responsive, responsible bidders complying with terms, conditions and qualification requirements. Awarded firms shall be placed on a list of pre-qualified contractors who will be contacted, on an as needed basis, to provide quotes for work specified by the City as follows: • For small projects $5,000 or less, the requesting department shall contact all pre- qualified vendors, by trade, for quotes. • For projects over $5,000, an Invitation to Quote (ITQ) will be issued by the Procurement Division, through the City's e-procurement system, requiring sealed responses. 32 Commission Memorandum ITB 66 11/12 General Building and Specialty Trades Services March 13, 2013 Page 3 of4 Award will be made to the contractor submitting the lowest response to the ITQ. Projects awarded under this contract shall comply with Florida Statutes, Section 255, including a limit of $300,000 per project for general projects and $75,000 for single trade electrical projects. Projects exceeding these limits shall be procured through a separate competitive solicitation. The following firms submitted their proper licensures and have been deemed qualified for the following trades: AIR CONDITIONING/HVAC Southern Comfort Solutions Comfort Tech Edd Helms Electric FXP Corporation CARPENTRY/WOOD WORK Team Contracting Commercial Interior Contractors Corp. S.A. Consultants LLC FLOORING Commercial Interior Contractors Corp. S.A. Consultants LLC GLASS/GLAZING* Coral Gables Glass & Mirror MARINE SERVICES Kearns Construction Edd Helms Electric MECHANICAL (FIRE SYSTEMS}* Triangle Fire 33 AWNING /SHUTTERS* Coral Gables Glass & Mirror ELECTRICAL Enterprise Electrical AGC Electric A 1 Fire & Security d/b/a A 1 Fire Equip. Sanchez Arango Construction Edd Helms Electric GENERAL BUILDING (GC} Team Contracting FHP Tectronics Corp. Kearns Construction Delcons Haber & Sons Plumbing Aaron Construction Group Sanchez Arango Construction FXP Corporation S.A. Consultants LLC IRRIGATION/SPRINKLER SYSTEM* Team Contracting MECHANICAL Southern Comfort Solutions Comfort Tech FXP Corporation PAINTING/WATERPROOFING Team Contracting Commercial Interior Contractors Corp. Coral Gables Glass & Mirror S.A. Consultants LLC Commission Memorandum ITB 66 11/12 General Building and Specialty Trades Services March 13, 2013 Page 4 of4 PLUMBING* Haber & Sons Plumbing TILE Commercial Interior Contractors Corp. S.A. Consultants LLC ROOFING Advanced Roofing Aaron Construction Group Full Cover Roofing A&J Roofing WATER INTRUSION* Servpro of Brickell The intent of this contract is to establish a list of prequalified firms, on the basis of licensure, insurance and prior client surveys, from whom the city may request quotes at the time a need is identified. In doing so, the City will request quotes from all firms under a given trade. The firm offering the lowest price, in compliance with specifications, will be issued a purchase order. *In the event that only one contractor has been identified for a particular trade, the City will invite prequalified contractors from other public entity contracts (e.g., Miami-Dade County, State of Florida) to ensure competition. Pursuant to Section 2.5 of the ITB, it is the City's intent to periodically release a call for pre-qualifications under this ITB to maintain an adequate number of trades contractors, further ensuring competition. The recommendation for additional contractors, or removal of any contractor based on poor performance, shall be submitted to the City Commission for approval. 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 Enterprise Electrical, Southern Comfort Solutions, Advanced Roofing, Team Contracting, FHP Tectronics Corp., Kearns Contruction, Servpro of Brickell, Triangle Fire, Delcons, AGC Electric, Haber & Sons Plumbing, Aaron Construction Group, A 1 Fire & Security, Commercial Interior Contractors Corp., Full Cover Roofing, A & J Roofing, Comfort Tech, Coral Gables Glass & Mirror, Sanchez Arango Construction, Edd Helms Electric, FXP Corp., and S.A. Consultants LLC, on an as needed basis, allocating funds from various sources, subject to budgetary approval at time of need; further authorizing, in accordance to the Invitation to Bid, the ability to add qualified firms or individuals to the contract when deemed in the best interest of the City of Miami Beach without further City Commission authorization. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award contracts pursuant to Invitation to Bid (ITB) No. 66 11/12, for the Pre- Qualification of General Building and Specialty Trades Services, to Enterprise Electrical, Southern Comfort Solutions, Advanced Roofing, Team Contracting, FHP Tectronics Corp., Kearns Contruction, Servpro of Brickell, Triangle Fire, Delcons, AGC Electric, Haber & Sons Plumbing, Aaron Construction Group, A1 Fire & Security, Commercial Interior Contractors Corp., Full Cover Roofing, A & J Roofing, Comfort Tech, Coral Gables Glass & Mirror, Sanchez Arango Construction, Edd Helms Electric, FXP Corp., and S.A. Consultants LLC, on an as needed basis, allocating funds from various sources, subject to budgetary approval at time of need. T:\AGENDA\2013\3-13\General Building and Specialty Trades Services-Memo.doc 34 THIS PAGE INTENTIONALLY LEFT BLANK 35 C4 COMMISSION COMMITTEE ASSIGNMENTS MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager/Ah • March 13, 2013 REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION REGARDING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS FOR A THIRD FRANCHISE SOLID WASTE CONTRACTOR FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTIONS AND DISPOSAL ADMINISTRATION RECOMMENDATION Refer the discussion to the Finance and Citywide Projects Committee. BACKGROUND Per Resolution No. 2012-27904, the City Commission approved not to proceed to issue the Request For Qualifications for the fourth solid waste franchise contractor, and agreed to maintain the number of franchise contractors to three (3), and to accept exercising the renewal of the existing contract to a one year only, expiring on September 30, 2015. In consideration thereof, the three (3) solid waste franchise contractors agreed to provide $390,000 per year, plus $25,000 dedicated for environmental programs through the life of the extension, in addition to what is already being contributed. In anticipation of the acquisition of Choice Environmental Inc. by Waste Services Inc., which would bring the number of Solid Waste Franchise Haulers from three (3) to two (2), the City Administration recommends that a discussion on issuing a request for qualifications for a third contractor be referred to the Finance and Citywide Projects Committee. T:\AGENDA\2013\MARCH 13\FCWPC REFERRAL-WASTE HAULER.DOC 37 Agenda Item C t(fl Date 3-13-13 THIS PAGE INTENTIONALLY LEFT BLANK 38 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: REFERRAL TO THE PLANNING BOARD -MIAMI BEACH UNITED RESOLUTIONS TO ADDRESS THE ISSUE OF COMPATIBILITY OF CERTAIN USES AND DEVELOPMENT PROJECTS IN PROXIMITY TO RESIDENTIAL USES ADMINISTRATION RECOMMENDATION Refer the Ordinance Amendments to the Planning Board for consideration and recommendation. BACKGROUND/ANALYSIS On February 21, 2013 the Land Use and Development Committee discussed and referred the following items to the Planning Board, as an Ordinance Amendment: • For sidewalk and outdoor eating and drinking establishments, establishing a 1 00' radius from residential zones, prohibiting outdoor speakers, requiring food service for drinking establishments, and limiting the weekday and weekend hours of operation to reflect current license requirements (12:00 AM I 2:00 AM). These restrictions would be applicable to new applications, and would allow existing cafes to continue under the terms of a current license. Also, Planning Board approval may be sought to exceed these thresholds for new establishments. • For the single family district interface with commercial districts, establishing a 100 foot buffer for expanded regulations, including the lowering of the maximum building height for the portion of the property closest to the residential area, permitting the building to step up further away from the residential areas. This would also include a line of sight requirement from across the street or waterway for the remainder of the property. This Ordinance is intended to address the specific issues and concerns raised in a recent resolution from 'Miami Beach United' and should begin to address use and building mass compatibility issues with adjacent residential areas. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the proposed Ordiance Amendments to the Planning Board for consideration and recommendation. KGB/ T:\AGENDA\2013\March 13\REF to Planning Board-MBU Ordinances.docx 39 Agenda Item C Lf B Date 3-/3-8 THIS PAGE INTENTIONALLY LEFT BLANK 40 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager/A ~ March 13,2013 / ~ -- REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE A DISCUSSION REGARDING THE CITY OF MIAMI BEACH FIRE PREVENTION FINES AND CITATIONS RELATED TO NIGHTCLUBS AND OTHER ASSEMBLIES. ADMINISTRATION RECOMMENDATION Refer the item. BACKGROUND There are over 120 nightclubs and bar/lounges operating in the City of Miami Beach. In addition, there are hundreds more assembly occupancies such as restaurants, ballrooms, meeting rooms, performance halls, etc. The Florida Fire Prevention Code (FFPC), The Life Safety Code (NFPA 101 ), and the Miami Beach Code have specific requirements for the maximum number of occupants permitted in an assembly occupancy as well as many other safety regulations. The requirements are mandated to prevent fires and to ensure that occupants can evacuate safely in the event of an emergency. The Fire Department continues to implement the Night Inspection Program since it started in the early 1990s. The night inspectors conduct random inspections of all the nightclubs and selected bar/lounges and restaurants. The main objective for the night inspections is to monitor that the establishment is not exceeding the maximum occupant load and exits are clear and accessible. The inspectors will issue a citation for these violations. The current fines are $200.00 for the first offense and $500.00 for the second and subsequent offenses. The current fines have not been increased since initial adoption in 1997. The Administration proposes to increase the current fines to encourage compliance and promote safety among the City's entertainment industry. It is exactly ten years ago that the United States experienced one of the worst nightclub fires in recent history when over 1 00 people were killed in a Rhode Island nightclub fire. More recently, over 200 people were killed in a nightclub fire in Brazil. Therefore, the staff recommends presenting to the Neighborhood/Community Affairs Committee an ordinance to increase and add citations to achieve fire code compliance and improve overall safety of the residents and visitors of the City of Miami Beach. KGB/JO/SM T:\AGENDA\2013\March 13\Referral-night fines.doc 41 Agenda Item C VC Date 3-/3-1 3 THIS PAGE INTENTIONALLY LEFT BLANK 42 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: March 13, 2013 SUBJECT: REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE DISCUSSION REGARDING AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO REGULATE TEMPORARY BUSINESS SIGNS ON PUBLIC PROPERTY RECOMMENDATION The City Manager recommends that the City Commission approve the referral of a draft ordinance (attached), to the Land Use and Development Committee, amending the Land Development Regulations to regulate the placement of temporary business entrance signs in the right of way in order to mitigate the impacts of public construction on visibility of, or access to businesses. BACKGROUND During construction of right of way projects, access and or visibility to commercial establishments is often impeded. The State of Florida, Department of Transportation (FOOT} has in place a process and regulations that allow the placement of temporary business signs on the FOOT right of way for purposes of mitigating the disruption caused by construction when such construction affects visibility and or access. The City Code does not have a similar regulation for local streets. The proposed amendment would authorize the placement of temporary business entrance signs in the right of way to mitigate the impacts of public construction on visibility of, or access to businesses. The signs would be intended to guide motorists to businesses entrances and valet ramps moved/modified or disturbed during public construction projects. Temporary business entrance signs would be located in the ROW, only directly in front of the business affected, show the specific business names, and only allow one sign for each business or valet ramp affected. The temporary business signs shall be removed concurrent with the termination of the public construction or at such point in time during construction as the manager determines that the temporary signs are no longer necessary. Business entrance signs are not permitted where there is minimal disruption to businesses, driveways or valet ramps. CONCLUSION The City Manager recommends that the City Commission approve the requested referral to the Land Use and Development Committee for the amendment as proposed above. Attachment T:\AGENDA\2013\March 13\Temporary Signs on public property referral request.docx 43 Agenda Item C Cf D Date 3-13-t3 ORDINANCE NO. _______ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 82 ·PUBLIC PROPERTY," ARTICLE IV. • USES IN PUBLIC RIGHTS-OF-WAY DIVISION 6. · PROHIBITED SIGNS OVER PUBLIC PROPERTY," IS HEREBY AMENDED TO ADD SECTION 82-415 -"TEMPORARY BUSINESS SIGNS"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Code contains provisions for regulating the use of public property; and WHEREAS, these provisions include regulation of signs located in public rights- of-way; and WHEREAS, the Mayor and City Commission have identified as a legitimate government purpose the provision of temporary business signs during times of road construction and other capital improvement projects ; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 82 -Public Property," Article IV. -Uses In Public Rights-Of-Way Division 6. -Prohibited Signs Over Public Property," is hereby amended to add Section 82-415-"Temporary Business Signs" as follows: Sec. 82-415.-Temporary Business Signs -Notwithstanding any other prohibitions in this Code to the contrary, the city manager may authorize the placement of temporary business entrance signs in the right of way to mitigate the impacts of public construction on visibility of. or access to businesses. Said signs are intended to guide motorists to businesses entrances and valet ramps moved/modified or disturbed during public construction projects. Temporary business entrance signs. unless otherwise determined by the city manager, shall be located only directly in front of the business affected, may only show specific business names, and only one business sign for each driveway entrance or valet ramp affected is permitted. The temporary business signs shall be removed concurrent with the termination of the public construction or at such polnt in time during construction as the manager determines that the temporary signs are no longer necessary. Business entrance signs are not permitted where there is minimal disruption to businesses. driveways or valet ramps. 1 of 2 44 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 re- numbered or re-lettered 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 City Attorney First Reading: Second Reading: Verified By: ------------ Richard G. Lorber, AICP Acting Planning Director Underline = new language Strikethre1::1gh =deleted language F:\PLAN\$PLB\draft ordinances\construction sign ordinance.docx 2 of2 45 MAYOR APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION Date THIS PAGE INTENTIONALLY LEFT BLANK 46 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSON MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: j!vA-f Kathie M. Brooks, Interim City Manager DATE: March 13, 2013 SUBJECT: REFERRAL TO TRANSPORTATION AND PARKING COMMITTEE AND NEIGHBORHOODS AND COMMUNITY AFFAIRS COMMITTEE FOR A DISCUSSION REGARDING SIGHTSEEING AND TOUR BUS INDUSTRY REGULATIONS. ADMINISTRATION RECOMMENDATION Refer discussion to the Transportation and Parking Committee and Neighborhoods and Community Affairs Committee. BACKGROUND Most major tourist destinations throughout the country have sightseeing and tour bus services, including guidelines and regulations governing these operations. The sightseeing and tour bus industry continues to expand in the City as well as regionally. It is prudent to review the City Code and determine any amendments necessary to regulate the industry. The Administration has met with various sightseeing and tour bus operators and will eventually hold an industry workshop to discuss proposed regulations and any potential amendments to the City Code. At this time, the Administration is seeking direction from the Transportation and Parking Committee and Neighborhoods and Community Affairs Committee regarding sightseeing and tour bus industry regulations. CONCLUSION The Administration recommends referring discussion of the sightseeing and tour bus industry regulations to the Transportation and Parking Committee and Neighborhoods and Community Affairs Com ittee. F!k 'h 13\comm referral tour bus sightseeing tpc ncac.docx 47 Agenda Item e q E Date 3-/3-!3 THIS PAGE INTENTIONALLY LEFT BLANK 48 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager~ y"}.. f--. DATE: SUBJECT: March 13, 2013 REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE OF A DISCUSSION REGARDING POSSIBLE AMENDMENTS TO CHAPTER 70 ARTICLE Ill (SECTION 70-122-129), "GRAFFITI ORDINANCE". ADMINISTRATION RECOMMENDATION Refer the item to the Neighborhood/Community Affairs Committee for discussion. BACKGROUND Graffiti on private or public property is currently within the purview of Chapter 70 Article Ill. "Graffiti" (Section 70-122-129). This section also provides for fines and penalties for violators, as well as requirements for the abatement of graffiti by private property owners. It is the City's responsibility to remove graffiti from public property. Under the current ordinance, the City can, upon the failure of the private property owner to abate the graffiti, enter the private property to address the nuisance. The private property owner is then billed for the expense associated with the abatement, and is provided an opportunity to appeal the costs billed for the abatement. This appeal is heard by the Special Master. Currently, Commercial property owners must take corrective action within seven (7) business days from the receipt or delivery of a notice requiring corrective action; residential property owners must take corrective action within ten ( 1 0) business days from receipt or delivery of the notice. The Code Compliance Division issues notices to private property owners. Since the abatement period begins after there has been notice, graffiti may be on the property for an extended period of time. Administration's goal is to decrease the time graffiti is left unabated by adopting aspects of the Miami-Dade County Code (Sec. 21-30.01) to possibly include: • Authorizing City staff to immediately remove or obscure graffiti that abuts the public right-of-way. • Defining "property that abuts the public right-of-way" as property that can be accessed by City staff without substantially encroaching onto private property. • Noticing property owners of the City's intention to immediately obscure graffiti 49 Agenda Item C (/ F Date 3 -18--t 3 NCAC Referral -Graffiti Ordinance Commission Memorandum March 13, 2013 Page 2 of 2 placed on walls, buildings and other surfaces that abut the public right-of-way. • Establish that the appearance of graffiti on a wall, building or other surface abutting the public right-of-way shall serve as notice to the property owner that the graffiti is subject to being obscured or removed by the City. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Neighborhood/Community Affairs Committee for consideration and recommendation. Attachments Attachment A-Miami-Dade County Graffiti Ordinance Attachment B -City of Miami Beach Ordinance T:\AGENDA\2013\March 13\NCAC Referral Amend Graffiti Ord (3).docx 50 Municode Page 1 of6 ATTACHMENT A- Miami-Dade County Sec. 21-30.01. -Graffiti. (a) Definitions. For the purpose of this section, the following terms apply. (1) "Broad tipped indelible marker'' means any felt tip marker, or similar implement, which contains a fluid which is not water soluble and which has a flat or angled writing surface one-half(%) inch or greater. (2) "Bona fide evidence of majority'' means a document issued by a federal, state, county, or municipal government or agency thereof, including but not limited to, a motor vehicle operator's license, or registration certificate issued under the Federal Selective Service Act, a passport, or an identification card issued to a member of the armed forces which identifies an individual and provides proof of the age of such individual. (3) "Business day'' means any day of the week except Saturday, Sunday, or legal holidays. (4) "Commercial property'' means real and personal property that is used for business, commercial, or for-profit purposes including but not limited to vehicles, dumpsters, advertisements and signs. It shall be prima facie evidence that a property is commercial if it (1) is located in a business, commercial, office, apartment, hotel or warehouse zoning district; (2) contains commercial or business advertising visible from the right-of-way; or (3) has posted on its premise a business occupational license. "Commercial property" shall include advertising and billboards. "Commercial property" shall include residential property of four (4) or more units that is rented or advertised for rent. "Commercial property" shall not include (1) single family homes or residential property of three (3) or less units; (2) property owned by governments; (3) property used for non-profit purposes by educational institutions, charities, or religious institutions; (4) property used for agricultural purposes except for those portions of the property containing a business open to the general public. (5) "Corrective action" mean an act required to remove or effectively obscure graffiti that is visible from the right-of-way. (6) "Director' mean the Director of the Public Works Department or his or her designee. (7) "Non-commercial property'' means all property that is not included in the definition of commercial property in this section. (8) "Owner'' means any and all persons with legal and/or equitable title to real property in Miami-Dade County as their names and addresses are shown upon the records of the Property Appraiser Department. (9) "Supervising adulf' means an individual twenty-one (21) years of age or older who has been given responsibility by the minor's parents, legal guardian, or other lawful authority to supervise the minor. (1 0) "Used or intended to be used' includes usage in the course of a violation or usage to transport a violator to or from the scene of a violation. (b) Application of section. (c) (1) This section shall be applicable in incorporated and unincorporated areas of Miami- Dade County, with the enforcement of the provision of this section in the unincorporated area being the responsibility of Miami-Dade County and in the incorporated area being the responsibility of the municipalities. http:/ /library .municode.com/print.aspx?h=&clier 51= 1 0620&HTMRequest=http%3a%2f... 02/25/2013 Municode Page 2 6 Affect on municipal ordinances. It is the intent of the Board to provide a minimum standard for those graffiti offenses provided in subsections (f), (h), and (i) in incorporated areas of Miami-Dade County. Any municipality in Miami-Dade County may adopt more stringent graffiti regulations and/or higher penalties for graffiti offenses than those provided herein. (d) Graffiti prohibited. (1) No person shall write, paint, or draw any inscription, figure, or mark of any type on any public or private building or structure or other real or personal property, owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof or by any person, firm, or corporation, unless the express prior written permission of the owner, owner's agent, manager or operator of the property has been obtained and filed with the Public Works Department, Graffiti Coordinator. No filing is required if the owner, owner's agent, manager or operator of the property has obtained a valid painting permit in accordance with other pertinent law. (2) Any person violating this subsection shall be punished by a fine of two hundred and fifty dollars ($250.00) for the first offense; five hundred dollars ($500.00) for the second offense and one thousand dollars ($1,000.00) for each subsequent offense or by imprisonment in the County jail for a term not to exceed sixty (60) days or by both fine and imprisonment at the discretion of the court. (I) In the case of a minor, the parents or legal guardian shall be jointly and severably liable with the minor for payment of all fines. (II) Failure of the parents or legal guardian to make payment, will result in the filing of a lien on the parents or legal guardian's property to include the fine and administrative costs. (Ill) Upon an application and finding of indigency, the court may decline to order fines against the minor or parents. (3) In addition to any punishment listed in subsection (d)(2), the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the defendant's offense in the amount or manner determined by the court. (I) In the case of a minor, the parents or legal guardian shall be ordered jointly and severably liable with the minor to make such restitution. (4) In addition to any punishment listed in subsection (d)(2) or restitution ordered under subsection (d)(3), the court shall order any violator to perform monitored community service in the removal of graffiti of not less than forty (40) hours and not more than one hundred (1 00) hours. (5) Forfeiture of personal property. All personal property, including, but not limited to automobiles and bicycles, used or intended to be used in violating this subsection, shall be forfeitable to Miami-Dade County. In forfeiting such personal property, the County shall follow the procedures outlined in Section 31-116 et seq. of the Miami- Dade County Code concerning forfeitures of passenger motor vehicles for violation of the transportation code, except that one (1) violation of this subsection shall be the basis for forfeiture; the County Manager or his designee shall act as the party for the County in lieu of CSD as recipient of all request for hearings and for all other purposes under the procedure; the property subject to forfeiture shall be personal property as described above. In any forfeiture under this section, the court shall not order a forfeiture unless it finds that the forfeiture is commensurate with the severity of the violation to the extent required by Florida and Federal Constitution. (I) http://library.municode.com/print.aspx?h=&clieSi= 1 0620&HTMRequest=http%3a%2f... 02/25/2013 Municode Page 3 of6 Municipalities may establish their own system for the forfeiture of personal property. (e) Graffiti removal by the County. (1) Whenever the County becomes aware of the existence of graffiti on any property, including any structure or improvement, that abuts the public right-of-way within any unincorporated area of the County, County personnel are authorized to immediately remove or obscure such graffiti. (2) For purposes of this subsection (e) only, "property that abuts the public right-of-way" means property that can be accessed by County personnel without substantially encroaching onto private property, such as subdivision walls and other structures and improvements lying at or near the public right-of-way. (3) General notice. Property owners are hereby put on notice of the County's intention to immediately obscure graffiti placed on walls, buildings and other surfaces that abut the public right-of-way. Team Metro shall also publish notice once during each week for four (4) consecutive weeks in the Miami Herald and shall substantially comply with Chapter 50, Florida Statutes. Any property owner who objects to graffiti being obscured on property abutting the public right-of-way shall file a statement of objection with the County Manager or his designee within thirty (30) days of the date of the final published notice. Such objection shall be effective for one (1) year. A new objection must be filed each year thereafter to preserve the objection. If an objection is filed, subsection (e) shall not apply to the property owner's property. The County reserves the right, however, to ensure that graffiti is obscured on such property by citation and fine under subsection (g). (4) Specific notice to affected property owner. The appearance of graffiti on a wall, building or other surface abutting the public right-of-way shall serve as notice to the property owner that the graffiti is subject to being obscured or removed by the County. Any property owner who has not filed a statement under subsection (3) and who desires to obscure or remove the graffiti himself shall (i) immediately remove the graffiti; or (ii) notify the County Manager or his designee immediately of his intention to remove the graffiti within forty-eight (48) hours. Graffiti not removed within forty-eight (48) hours is subject to removal by the County. (5) Nothing contained in this subsection (e) shall be construed to supersede or otherwise affect the provisions contained in subsection (g). (f) Graffiti removal by the property owner. (1) Whenever the County becomes aware of the existence of graffiti visible from the public right-of-way on any property, real or personal, including structures or improvements within the County, a Code Enforcement Officer is authorized, upon such discovery, to give, or cause to be given, notice to take corrective action to the property owner or the property owner's agent or manager. (2) For commercial property, the property owner or the property owner's agent or manager shall take corrective action within two (2} business days from receipt or posting of the notice listed in subsection (f)(1 ). For non-commercial property, the property owner or the property owner's agent or manager shall take corrective action within fourteen (14) calendar days from receipt or posting of the notice listed in subsection (f)(1 }. (3) If the property owner or the property owner's agent or manager fails to take corrective action, he or she shall be cited pursuant to Chapter sec of this Code or by any municipal citation system. http://library .municode.com/print.aspx?h=&clieJSJ1= 1 0620&HTMRequest=http%3a%2f... 02/25/2013 Municode (I) Page 4 of6 For commercial property, the property owner or the property owner's agent or manager has two (2) business days from receipt or posting of the citation to file for an appeal hearing before an sec hearing officer, or municipal hearing officer, or take corrective action. For non-commercial property, the property owner or the property owner's agent or manager has seven (7) calendar days from receipt or posting of the citation to file for an appeal hearing before an sec Hearing Officer, or municipal hearing officer, or take corrective action. (II) If the owner or the property owner's agent or manager does not appeal the citation, they shall pay the fine in accordance with Section SCC-1 0 of the Code, or in accordance with the applicable municipal citation system. Thereafter, each day the owner, or property owner's agent or manager fails to take corrective action counts as a continuing violation. (4) The above listed hearing shall be conducted not sooner than five (5) calendar days, but not later than twenty (20) calendar days after receipt of the appeal. (5) Notwithstanding any provision of this Chapter or Chapter 8CC of the Miami-Dade County Code to the contrary, the appeal of a violation of this section shall not extend or otherwise change the time period for corrective action of the violation. Continuing penalties as provided for herein and in Section SCC-4(c) shall accrue upon the expiration of the time period provided in subsection (3) above. (6) The Director, or City Manager of a municipality, shall cause corrective action to take place at the owner's expense after two (2) business days for commercial property, or fourteen (14) calendar days for non-commercial property from the date of citation or date of the rendering of the Hearing Officer's order, which finds the violator guilty. (I) The County or municipality shall have the right to enter upon private property to the extent necessary to take corrective action. Entry into any dwelling or structure is expressly prohibited. (II) After taking corrective action, the Director, or City Manager of a municipality, shall file a lien in the amount of all expenses incurred in correcting the condition, including all fines, continuing penalties and actual administrative costs. (Ill) Such liens shall be enforceable in the same manner as a tax lien and may be satisfied at any time by payment thereof, including accrued interest. Upon such payment, the Clerk of the Circuit Court shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof. Notice of such lien may be filed in the Office of the Clerk of the Circuit Court and recorded among the public records of Miami-Dade County, Florida. (7) It shall be an affirmative defense preventing any fines from issuing under this section if the property owner proves at a hearing that, at the subject location, he or she had been victimized by graffiti three (3) or more times within the calendar year of the violation and had removed or effectively obscured the graffiti within two (2) business days of its appearance for commercial property, or within fourteen (14) days of its appearance for non-commercial property, or within the times provided in this ordinance if a notice or violation was issued. This mitigation provision applies only to fines and shall not prevent the Director, pursuant to section (d)(6), from taking corrective action and liening the property for costs, if the property owner fails to take corrective action. (g) Possession of spray paint and markers. ( 1) http://library .municode.com/print.aspx?h=&clierS4= 1 0620&HTMRequest=http%3a%2f. .. 02/25/2013 Municode Page 5 of6 Possession of spray paint and markers with intent to make graffiti is prohibited. No person shall carry an aerosol spray paint can or broad-tipped indelible marker with the intent to violate the provisions of subsection (d)(1 ). (2) Possession of spray paint and markers by minors on public property prohibited. No person under the age of eighteen (18) shall have in his or her possession any aerosol container of spray paint or broad-tipped indelible marker while on any public property, highway, street, alley or way except in the company of a supervising adult. (3) Possession of spray paint and markers by minors on private property prohibited without consent of owner. No person under the age of eighteen (18) shall have in his or her possession any aerosol container of spray paint or broad-tipped indelible marker while on any private property unless the owner, agent, or manager, or person in possession of the property knows of the minor's possession of the aerosol container or marker and has consented to the minor's possession while on his or her property. (4) Any person violating this subsection (g)(1 ), (2) or (3) shall be punished by a fine of two hundred and fifty dollars ($250.00) for a first offense, and five hundred dollars ($500.00) for a second offense and one thousand dollars ($1 ,000.00) for each subsequent offense, or by imprisonment in the County Jail for a term not to exceed sixty (60) days, or by both fine and imprisonment in the discretion of the court. (I) In the case of a minor, the parents or legal guardian shall be responsible for payment of all fines. (II) Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parents or legal guardian's property to include the fine and administrative costs. (5) In addition to any punishment, the court shall order any person found in violation of subsection (g)(1 ), (2) or (3) to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense in a reasonable amount or manner to be determined by the court. (I) Where the defendant is a minor, the parent or legal guardian shall be jointly and severably liable with the minor to make such restitution. (6) In addition to any punishment listed in subsection (g)(5) or restitution ordered under subsection (g)(6), the court shall order any person found in violation of subsection (g) (1 ), (2), or (3) to perform monitored community service in the removal of graffiti of not less than forty (40) hours and not more than one hundred (1 00) hours. (h) Storage and sale of spray paint and markers. (1) Sale to minors prohibited. No person or firm shall sell or cause to be sold to any person under the age of eighteen (18) years, and no person under the age of eighteen (18) years shall buy any aerosol container of spray paint or broad-tipped indelible markers. Evidence that a person, his or her employee, or agent demanded and was shown bona fide evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any prosecution thereof. (2) Display or spray paint and markers. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers of spray paint or broad-tipped indelible markers shall: (I) Place a sign in clear public view at or near the display of such products stating: "GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY NOT HIS OR HER OWN WITH PAINT OR ANY OTHER LIQUID http://library .municode.com/print.aspx?h=&clierSS= 1 0620&HTMRequest=http%3a%2f... 02/25/2013 Municode Page 6 of6 OR DEVICE IS GUlL TY OF A CRIME PUNISHABLE BY IMPRISONMENT OF UP TO 60 DAYS AND/OR A FINE UP TO $1,000.00." (II) Place a sign in the direct view of such persons responsible for accepting customer payment for aerosol containers of spray paint or broad-tipped indelible markers. "IT IS A VIOLATION OF THE LAW TO SELL AEROSOL CONTAINERS OF SPRAY PAINT OR BROAD-TIPPED INDELIBLE MARKERS TO PERSONS UNDER 18 YEARS OF AGE PUNISHABLE BY A CIVIL FINE OF $100.00." (Ill) Store or cause such aerosol containers or marker pens to be stored either (a) in the direct line of sight from the cash-register work station or any other work station that is normally continuously occupied while the store is open, or (b) in a place not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers. (3) Violation of subsection (h)(1) or (2) shall result in a civil penalty of one hundred dollars ($100.00) for a first offense and two hundred dollars ($200.00) for subsequent offenses. When three (3) violations of subsection (h)(1) or (2) occur within any calendar year at a commercial establishment, that establishment shall be subject to an injunction from a court of competent jurisdiction forbidding the sale of aerosol containers of spray paints and broad-tipped indelible markers for a period up to two (2) years. Violation of such injunction shall be punished by a fine of one hundred dollars ($1 00.00) per day of violation in addition to any other penalties levied by the Court. Failure to make payment of fines will be subject to an injunction from a court of competent jurisdiction forbidding the sale of aerosol containers of spray paints and broad-tip indelible markers until payment of the fine, attorney's fees and costs. (i) Anti-graffiti trust fund. (1) There is hereby created the Miami-Dade County Anti-Graffiti Trust Fund. Civil and criminal penalties assessed against violators of this section shall be placed in the fund. The Board of County Commissioners shall direct the expenditures of monies in the fund. Such expenditures shall be limited to the payment of the cost of removal of graffiti, the payment, at the discretion of the County Manager, or rewards for information leading to the arrest, taking into custody, adjudication, referral to pre-trial programs or conviction for violation of this section or other state laws relating to graffiti, the costs of administering this ordinance, and such other public purposes as may be approved by the Miami-Dade County Commission by resolution. (2) Each jurisdiction that enforces the provisions of this section shall have the right to create its own anti-graffiti trust fund to fund anti-graffiti measures. (Ord. No. 94-199, § 2, 11-1-94, Ord. No. 94-239, § 1, 12-20-94, Ord. No. 96-133, § 1, 9-10-96, Ord. No. 97-25, § 2, 4-8-97; Ord. No. 97-31, § 1, 4-15-97; Ord. No. 98-33, 1, 2, 2-19-98, Ord. No. 09-88, § 1, 10-6-09) Editor's note- Ord. No. 94-199, § 1, adopted Nov. 1, 1994, repealed former§ 21-30.01, relative to graffiti, and § 2 of said ordinance enacted a new§ 21-30.01 to read as herein set out. The provisions of former§ 21-30.01 derived from Ord. No. 88-113, § 1, adopted Dec. 6, 1988; Ord. No. 91-40, § 1, adopted April 2, 1991; Ord. No. 93-115, § 1, adopted Nov. 3, 1993; Ord. No. 94-46, § 2, adopted March 17, 1994. http:/ /library .municode.com/print.aspx ?h=&clierSrG= 1 0620&HTMRequest=http%3a%2f... 02/25/2013 Municode Page 1 of7 Miami Beach, Florida, Code of Ordinances >> Subpart A -GENERAL ORDINANCES » Chapter 70 - MISCELLANEOUS OFFENSES» ARTICLE Hi.-GRAFFITI » DIVISION 1. -GENERALLY» DIVISION 1. -GENERALLY Sec. 70-121. -Graffiti declared a nuisance. The creating or maintaining of the unauthorized application of paint, ink, chalk, dye, felt tip or indelible marker, or any nonwater soluble substance, or the applying or affixing of other inscribed or engraved materials, including posters, placards, and flyers of any size and type, on public or private structures located on publicly or privately owned real property in the city is hereby declared to be nuisance. No. 2009-3640, § '1, Sec. 70-122. ~ Definitions. Unless it is apparent from the context that another meaning is intended, the following, when used in this article, shall have the meanings attributed to them by this section: Abatement means the repair, rehabilitation, demolition or removal of a public nuisance. Broad-tipped indelible marker means any indelible marker that is capable of leaving a mark that is not water soluble and which has a flat or angled writing surface one-half-inch or greater. City's agent means an independent contractor performing graffiti abatement for the city. Code compliance officer means any designated employee or person hired by the city acting as an agent of the city whose duty it is, or who is authorized, to enforce codes and ordinances enacted or adopted by the city. Commercial property means property that is used for business, commercial, or for-profit purposes. It shall be prima facie evidence that a property is commercial if it is located in a business, commercial, office, apartment, hotel or industrial zoning district. "Commercial property" shall include nonpermanent structures such as trailers, dumpsters, traffic signs, barricades, utility poles, traffic signal boxes, and construction equipment. "Commercial property" shall not include: (1) Single-family homes or residential property of three or less units; (2) Property owned by governments; (3) Property used for nonprofit purposes by educational institutions, charities, or religious institutions. Corrective action means an act required to remove or effectively obscure graffiti that is visible from the right-of-way. Director means the director of the department designated by the city manager to enforce and administer this article or the director's designated representative. http://library .municode.com/print.aspx?h=&dierS7= 13097 &HTMRequest=http%3a%2f. .. 02/25/2013 Municode Page 2 of7 Etching means the application of graffiti by using a hard or sharp object or etching acid on glass or on any other type of natural or human-made material or surface. Etching acid means any liquid, substance, or chemical capable of etching, corroding, destroying, or leaving a permanent mark on any natural or human-made surface or material. Graffiti means the unauthorized application or inscription of any word, figure, graphic design, marking, or defacement that is applied by etching or paint, ink, chalk, dye, broad-tipped indelible marker, crayon or any nonwater soluble substance, or by any graffiti implement, or by applying or affixing inscribed or engraved materials, including posters, placards and flyers of any size and type on public or private property, structures, or fixtures located on publicly or privately owned real property within the city. Graffiti implement means any broad-tipped indelible marker, aerosol paint container, gummed label, paint stick, graffiti stick, etching equipment, brush or any other type of device, instrument, liquid, substance, or etching acid capable of leaving a visible mark on any natural or human-made surface or material. Minor means any person who has not attained the age of 18 years. Noncommercial property means all property that is not included in the definition of commercial property in this section. Nonpermanent structures means trailers, dumpsters, traffic signs, barricades, utility poles, traffic signal boxes, and construction equipment Nuisance means anything injurious to health so as to interfere with the comfortable enjoyment of life or property, which nuisance affects at the same time an entire community or neighborhood, or any considerable numbers of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Owner means any and all persons with legal and/or equitable title to real property in the city as their names and addresses are shown upon the records of the Miami-Dade County Property Appraiser. Public right-of-way means any road, parkway, alley, swale, sidewalk, baywalk, beachwalk, cutwalk, boardwalk, easement or other public way. Supervising adult means an individual 21 years of age or older who has been given responsibility by a minor's parents, legal guardian, or other lawful authority to supervise the minor, No. 2009-3640, § 1, Sec. 70-123. -Prohibitions; enforcement; and penalties. (a) Prohibitions. It shall be unlawful for any person to deface, destroy, or otherwise damage private or public property without the owner's consent, by or through the application of graffiti. In addition, a violation of Florida law prohibiting criminal mischief by the placement of graffiti shall be a violation of this section. (b) Enforcement by code compliance officer; notice of violation. If a code compliance officer finds a violation of this article, the officer shall issue a notice of violation to the violator as provided in chapter 30. The notice shall inform the violator of the nature of the violation, http://library .municode.com/print.aspx?h=&clierSS= 13097 &HTMRequest=http%3a%2f... 02/25/2013 Municode Page 3 of 7 amount of fine and other penalties for which the violator may be liable, instructions and due date for paying the fine and completing the voluntary community service, notice that the violation may be appealed by requesting an administrative hearing within 20 days after service of the notice of violation, and that failure to do so shall constitute an admission of the violations and waiver of the right to request a hearing. (c) (1) Civil fines and penalties for violators. The following civil fines and penalties shall be imposed for each violation of this section: a. First offense ..... $250.00. b. Second offense (within one year of the first offense) ..... 500.00. c. Third or more offenses (within one year of the first offense) ..... 1 ,000.00. In lieu of a fine, the special master may accept voluntary community service removing graffiti in the city equivalent to one hour of community service for each $5.00 of an imposed fine and voluntary restitution. If the community service is not completed and the restitution is not paid within six months of an adjudication of guilt, the fine shall be reinstated. (2) Criminal fines and penalties. In addition to the above civil fines and penalties, a court may impose both civil fines and penalties, restitution, not less than 40 hours and, if possible, at least 100 hours of community service that involves the removal of graffiti in the city, and imprisonment for up to six months in accordance with the requirements of state law. (d) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. (1) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice; or b. Request an administrative hearing before a special master to appeal the notice of violation within 20 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 (3) If the named violator after notice fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the violation, and fines and penalties may be assessed accordingly. (4) As an alternative to the procedures set forth in subsections(d)(1)-(d)(3), the city may request an administrative hearing pursuant to sections 30-71 through 30-79 if the violation is irreparable or irreversible in nature. In such case, the fines and penalties in said sections shall apply. (5) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (e) Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure. (1) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. (2) A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be http://library .municode.com/print.aspx?h=&clie1S•g= 13097 &HTMRequest=http%3a%2f... 02/25/2013 Municode Page 4 of7 deemed to be a court judgment except for enforcement purposes. After two months from the filing of any lien which remains unpaid, the city may foreclose or otherwise execute upon the lien. (f) Injunctive relief; license or certificate of use revocation. As an additional means of enforcement, the city may seek injunctive relief and/or revoke an occupational license/certificate of use as set forth in chapters 14 and 18 of this Code when there are more than three offenses by the same violator within one year of the first offense. (g) Liability of parents or legal guardians. In the case of a minor, the parents or legal guardians shall be jointly and severally liable with the minor for the payment of all fines. Failure of the parents or legal guardian to pay any fines will result in the filing of a lien on the real property of the parents or legal guardians, which lien shall include all administrative costs. (Ord. No. 2009-3640, § 1, 5-13-09) Sec. 70-124. ·Possession of spray paint and broad-tipped indelible markers; enforcement; penalties. (a) [Intent to make graffiti.] Possession of spray paint and broad-tipped indelible markers with intent to make graffiti is prohibited. (b) [Minor on public property.] Possession of spray paint and broad-tipped indelible markers by minors on public property is prohibited. No person under the age of 18 shall have in his or her possession any aerosol container of spray paint or broad-tipped indelible marker while on any public property, or right-of-way, except in the company of a supervising adult. (c) [Minors on private property.] Possession of spray paint and broad-tipped indelible markers by minors on private property is prohibited without the consent of the owner. No person under the age of 18 shall have in his or her possession any aerosol container of spray paint or broad-tipped indelible marker while on any private property unless the owner, agent, manager, or person(s) in possession of the property have knowledge of the minor's possession of the aerosol container or broad-tipped indelible marker and have consented to the minor's possession while on his or her property. (d) (1) Civil fines and penalties for violators. The following civil fines and penalties shall be imposed for each violation of this section: a. First offense ..... $125.00 b. Second offense (within one year of the first offense) ..... 250.00 c. Third or more offenses (within one year of the first offense) ..... 500.00 In lieu of a fine, the special master may accept voluntary community service removing graffiti in the city equivalent to one hour of community service for each $5.00 of an imposed fine and voluntary restitution. If the community service is not completed and the restitution is not paid within six months of an adjudication of guilt, the fine shall be reinstated. (2) Criminal fines and penalties. In addition to the above civil fines and penalties, a court may impose both civil fines and penalties, restitution, not less than 40 hours and, if possible, at least 100 hours of community service that involves the removal of graffiti in the city, and imprisonment for up to six months in accordance with the requirements of state law. (e) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. (1) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice; or http:/ /library .municode.com/print.aspx?h=&clieGO)= 13097 &HTMRequest=http%3a%2f... 02/25/2013 Municode b. Page 5 of7 Request an administrative hearing before a special master to appeal the notice of violation within 20 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 (3) If the named violator after notice fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the violation, and fines and penalties may be assessed accordingly. (4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (f) Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure. (1) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. (2) A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any lien which remains unpaid, the city may foreclose or otherwise execute upon the lien. (g) Injunctive relief,· license or certificate of use revocation. As an additional means of enforcement, the city may seek injunctive relief and/or revoke an occupational license/certificate of use as set forth in chapters 14 and 18 of this Code when there are more than three offenses by the same violator within one year of the first offense. (h) Liability of parents or legal guardians. In the case of a minor, the parents or legal guardians shall be jointly and severally liable with the minor for the payment of all fines. Failure of the parents or legal guardian to pay any fines will result in the filing of a lien on the real property of the parents or legal guardians, which lien shall include all administrative costs. (Ord. No. 2009-3640, § 1, 5-13-09) Sec. 70-125.-Responsibility of property owner(s) to abate graffiti; graffiti abatement and notice; enforcement (a) (1) Maintenance or allowance of graffiti to exist for more than seven business days, from the receipt or delivery of the notice to abate graffiti as referenced within this section on a commercial property, or for more than ten business days, from the receipt or delivery of the notice to abate graffiti as referenced within this section on a noncommercial property, is prohibited. (b) (2) Maintenance or allowance of etched graffiti to exist for more than 20 business days from the receipt or delivery of the notice to abate graffiti as referenced within this section on a commercial property, or for more than 30 business days from the receipt or delivery of the notice to abate graffiti as referenced within this section on a noncommercial property is prohibited. http:/ /library .municode.com/print.aspx?h=&clieJ~f1= 13097 &HTMRequest=http%3a%2f... 02/25/2013 Municode Page 6 of 7 Whenever the city becomes aware of the existence of graffiti on any property, a code compliance officer is authorized upon such discovery to give, or cause to be given, notice to abate the graffiti to the property owner or the property owner's or manager, as follows: (1) Commercial property. For commercial property, the property owner or the property owner's agent or manager shall abate the graffiti within seven business days from the receipt or delivery of the notice as referenced within this section, except that etched graffiti shall be abated within 20 business days from the receipt or delivery of the notice as referenced within this section. (2) Noncommercial property. For noncommercial property, the property owner, or property owner's agent shall abate the graffiti within ten business days from the receipt or delivery of the notice as referenced within this section, except that etched graffiti shall be abated within 30 business days from the receipt or delivery of the notice as referenced within this section. (c) Such notice shall be given by certified mail, return receipt requested; or by hand delivery by code compliance officer to the owner of record of the property described as recorded in the current county tax rolls. Mailed notice shall be deemed complete and sufficient notice when so deposited in the United States mail with proper postage prepaid. (d) The city shall waive painting permit requirements for abating graffiti, subject to the use of the same, or substantially same, colored exterior paint, provided that the existing paint complies with all city requirements. (e) Graffiti abatement shall consist of: (1) Painting of the entire area defaced by graffiti with paint matching, or substantially matching, the permitted paint color on the surface, regardless of whether the city has temporarily abated the graffiti with a different paint color. (2) Pressure-cleaning or cleaning by any other method that will successfully remove graffiti from the area defaced by the graffiti without causing damage. (3) Professional glass restoration or replacement of glass for etched graffiti to completely remove the graffiti. (f) The property owner is responsible for ensuring compliance with sections 142-1191 through 142-1193 of the City Code and a violation of those sections shall be enforced pursuant to sections 114-7 through 114-8. In addition, the property owner is responsible for ensuring compliance with subsections 70-125(a), (b), and (e) and a violation of those subsections shall be enforced pursuant to chapter 30 of the City Code. (Ord. No. 2009-3640, § 1, 5-13-09, Ord. No. 2011-3719, § 1, 2-9-11) -Appeal. (a) A property owner who has been served with the notice set forth shall elect either to: (1) Remove or cause to remove the graffiti within the time specified on the notice; or (2) Request an administrative hearing before the special master to appeal the determination of the inspector which resulted in the issuance of the notice. (b) An appeal for an administrative hearing shall be held before the special master and shall be accomplished by filing a request in writing to set the hearing for review and mailed to the code compliance officer or designee, not later than two business days after the service of the notice. The remainder of the appeal procedures, and penalty and lien provisions, will be in accordance with sections 30-72 through.]0-79 of the Code. (OnL No. 2009-3640, § 1, 5-13-09) http://library .municodc.com/print.aspx?h=&clieJGTZ= 13097 &HTMRequest=http%3a%2f .. 02/25/2013 Municode Page 7 of7 70-1 -Cost of graffiti removal as on property; collection foreclosure and (a) Upon failure of the owner of the property to remedy the conditions existing in violation of ==:..:....:...-=--..:=• the code compliance officer shall proceed to have such condition remedied by the city and/or city agent in an effort to abate the nuisance. (b) City employees and/or the city's agents may enter upon private property to abate the nuisance pursuant to the provisions of this article. No person shall obstruct, impede, or interfere with any city employee and/or city's agent whenever said person is engaged in the work of graffiti abatement pursuant to this article, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this article. (c) Following corrective action taken by the city or city's agent, the code compliance officer shall proceed to have all cost incurred thereof to be and become a lien against such property 30 days after notice of completion of work by the city if such costs remain unpaid. Said lien shall be of equal dignity with a lien for special assessments, and with the same penalties and with the same rights of collection, foreclosure, sale and forfeiture provided for special assessment liens. (Ord. No. 2009-3640, § 1, -Interested (a) Any person owning property which has been found to be in violation of this article, and upon which remedial work by the city has been done shall have the right, at any time within 30 days after notice of completion of work under this article, to present to the city clerk a sworn petition stating his or her interest in the property and alleging that in the opinion of the petitioner, the cost of the work exceeds the actual cost thereof or is otherwise erroneous. (b) Such petition shall be presented to the special master for consideration. The special master may fix and confirm the amount to be charged based on the information presented. (Ord. No. 2009-3640, § 1, 5-13-09) Sees. 70-129-70-145.-Reserved, http:/ /library .municode.com/print.aspx?h=&clierGJ= 13097 &HTMRequest=http%3a%2L. 02/25/20 13 Municode Page 1 of2 DIVISION 2.-SALE OF SPRAY PAINT, BROAD-TIPPED INDELIBLE MARKERS, ETCHING-ACID. prohibited. It shall be unlawful for any person to sell, barter, exchange or otherwise transfer any aerosol containers of spray paint, any broad-tipped indelible marker, or etching acid to any person under the of 18 years. No. 2009-3640. § 1, 70-1 Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers of spray paint, broad-tipped indelible markers, or etching acid shall: (1) Place a sign in clear public view at or near the display of such products stating: Graffiti is a crime. Any person defacing real or personal property not his own with paint or any other liquid or device is guilty of a crime punishable by imprisonment for up to six months, with fines up to $1 ,000.00, or up to $15,000.00 if the violation is irreparable or irreversible in nature, restitution, and a minimum of 100 hours of community service in the city. (2) Place a sign in the direct view of such persons responsible for accepting customer payment for aerosol containers of spray paint, broad-tipped indelible markers, or etching acid stating: It is a violation of the law punishable by a civil fine of $250.00 for a first offense to sell aerosol containers of spray paint, broad-tipped indelible markers, or etching acid to persons under 18 years of age. (3) Store or cause such aerosol containers, broad-tipped indelible marker, or etching acid to be stored either in the direct line of sight from the cash register work station or any other work station normally continuously occupied while the store is open, or in a place not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such items. (Ord No. 2009-3640, § 1, 5-13-09) Sec. (a) -Penalties; procedures for administration. Violation of this division shall result in a civil penalty of $250.00 for a first offense and $500.00 for all subsequent offenses within 12 months of a prior offense. When three such offenses occur within any calendar year at a commercial establishment, that establishment shall be subject to an injunction from a court of competent jurisdiction forbidding the sale of aerosol containers of spray paint, broad-tipped indelible markers, and etching acid for a period of two years. http:/ /library .municode.com/print.aspx?h=&clieJG4'= 13097 &HTMRequest=http%3a%2f... 02/25/2013 Municode 2 of2 (b) Procedures for enforcement, appeals, and collection of fines by the city shall be as provided in through_30-79 (Ord. No. 2009-3640, § 1, 5-13-09) 80. - http://library .municode.com/print.aspx?h=&clie s?= 13097 &HTMRequest=http%3a%2f... 02/25/2013 THIS PAGE INTENTIONALLY LEFT BLANK 66 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager tA / .__ I DATE: March 13, 2013 SUBJECT: REFERRAL TO THE FINANCE & CITYWIDE PROJECTS COMMITTEE A DISCUSSION REGARDING FINE SCHEDULES AND ENFORCEMENT OF THE CITY OF MIAMI BEACH CODE PROVISIONS FOR POLICE AND FIRE FALSE ALARMS, IMPLEMENTING ADDITIONAL FINES FOR FALSE ALARMS, AND CONTRACTING WITH AN OUTSIDE ENTITY FOR BILLING AND COLLECTION SERVICES FOR FALSE ALARM FEES. ADMINISTRATION RECOMMENDATION Refer the item. BACKGROUND The Miami Beach City Code outlines the regulations and enforcement of false alarms by both the Miami Beach Police (MBPD) and Fire (MBFD) departments; however, both departments have identified the need for discussion and policy direction with regards to false alarm fees and their collection. The City Code already establishes a fee schedule for false burglar alarms; however, the department would like to pursue amending the fee schedule and enforcement provisions to mirror the Miami- Dade County false alarm provisions. During the budget process for Fiscal Year 2012/13, MBPD presented an initiative to increase only commercial false burglar alarms to the City Commission; however, in proceeding with the required ordinance amendment, the City Attorney's Office opined that this would be considered discriminatory, unless a specific public safety need could be established. As such, the increase in commercial false burglar alarms fees has not been implemented. In addition, due to the limited number of administrative support staff within the department, the department would like to outsource the billing and collection function for false alarm fees. Conversely, there is no fee schedule established in the City Code for fire false alarms at this time. In order to promote compliance and improve overall safety, the MBFD would like to discuss establishing a fee schedule for fire false alarms, as is in place in Miami-Dade County and neighboring cities. The Administration proposes that amendments to current false alarm regulations and fee schedules for both the Miami Beach Police and Fire departments be presented to the Finance & Citywide Projects Committee for discussion and policy direction. KGB/RAM/MNO/DM 67 Agenda Item C Cf 6- Date 3-t3-J 3 THIS PAGE INTENTIONALLY LEFT BLANK 68 IB OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Kathie Brooks, Interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Commissioner March 1, 2013 Referral to Finance & Citywide Projects Committee: Florida's Safe Routes to School Program MEMORANDUM Please place a referral item on the March 13, 2013, Commission Meeting Agenda to the Committee for Quality Education in MB and the Finance & Citywide Projects Committee for discussion ofthe Florida's Safe Routes to School Program (FLSRTS). The purpose of this referral is to seek which schools would want to participate and to further allow the City of Miami Beach to take advantage of available FDOT funding for the implementation of said program. We trust that you will find all in good order. Should you have any questions, please feel free to contact my aide, Barbie Paredes at 6457. Best regards, 69 Agenda Item C l(H Date 3~!3-13 Guidelines for Florida's Safe Routes to School Program 2012-2013 Call for Applications For anticipated funds through FFY 2018 Program Overview and Purpose Safe Routes f!orida Safe Routes tn Sclwo! Florida's Safe Routes to School (FLSRTS) initiatives can help communities address their school transportation needs and encourage more students to walk or cycle to school. FLSRTS strives to enable and encourage children in grades Kindergarten through High School, including those with disabilities, to walk and cycle to school; to make walking and biking to school safer and more appealing; and to facilitate the planning, development, and implementation of projects that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. In addition to encouraging more children to walk or cycle to school, the program also seeks to address the safety needs of children already walking or biking in less than ideal conditions. A successful FLSRTS Program integrates health, physical activity and fitness, traffic relief, environmental awareness, and safety under one program. The program encompasses routes and techniques used to encourage children to walk or cycle to or from school. While the program will not cover all identified needs, we encourage schools, local transportation officials and other qualified groups to cooperate and apply to meet some of the identified needs, while they address other identified needs locally or through other methods. FLSRTS program is not designed to take the place of good school site planning or cooperative planning between school boards and local planning agencies. When new schools are considered, the school board should work closely with the appropriate city, county, Metropolitan Planning Organizationffransportation Planning Organization and/or Regional Planning Council, so all aspects of the school's planning can be accomplished as a cooperative effort. Schools sited far from the populations they serve will require more students to be bused or transported in motor vehicles, thus minimizing or negating the opportunity for children to walk or bike to school. Planners should consider financial costs incurred by busing as well as societal and health costs related to inactivity and social exclusion, before selecting a school site. We expect planning for new schools to include comprehensive bicycle and pedestrian planning for connectivity to surrounding neighborhoods. This will increase the ability of children to walk or cycle to these new schools. School Boards should provide all needed facilities on school property. The FLSRTS program will not fund infrastructure such as sidewalks or multi-use paths on school property. Supplying bike racks for school properties is discussed in the Infrastructure section. Eligible Applicants The FLSRTS program is for the benefit of public, private and tribal schools serving Kindergarten through High School. This includes schools serving fewer grades or more grades, but at least some students must be in grades Kindergarten through High School. Table 1 below provides an overview of eligible applicants; the Non-Infrastructure and Infrastructure sections provide further explanation and details regarding eligible Applicants. 11130112 Florida's FLSRTS Guidelines Page 1 of 14 70 Eligible AI'Piicants Infrastructure Projects Non-infrastructure Programs There are two types of applicants for Infrastructure There are more eligible types of applicants for Projects: Non-Infrastructure Programs. Some examples are: • Public Schools (County School Boards/Principals) • School Boards or schools, (public or • Private schools (Headmasters) private) • Maintaining Agencies • Governmental organizations (cities, counties, Health Departments, etc) There must be a partnership between Maintaining • Colleges and Universities Agency and School. See the Infrastructure section • Non-profits registered in the state of for more details on the application process. Florida, on case by case basis (Safe Kids, non-profit hospitals, etc) See the Non-Infrastructure section for more details on the application process. Table 1: Overview of eligible applicants The FLSRTS Program is 1 00 percent funded, and is managed through the Florida Department of Transportation (FOOT) on a cost-reimbursement basis. Applications are submitted to the MPOs/TPOs/BOCCs throughout the seven FOOT Districts. Each District has FLSRTS Contacts who can help you with questions. The following measures are critical: • Projects and programs will be awarded through a competitive process at both the local and state level. • Applications are reviewed at the District level for compliance with FLSRTS Guidelines. • Applicants are encouraged to be as cost effective as possible so that more FLSRTS projects and programs can be funded. • Applicants must prioritize their requests for Infrastructure projects and Non-Infrastructure programs, and apply for no more than 5 projects during each Call for Applications, unless they get prior approval from the MPOs/TPOs/BOCCs. • These Guidelines list examples of eligible and ineligible FLSRTS projects and programs. Always check for the most recent version of the Guidelines, since they do evolve over time. Comprehensive Program/Planning Process The FLSRTS Program is unique in its overriding emphasis on community participation in the development and implementation of projects and programs. Community participation involves the public, schools, parents, teachers, children, local agencies, the businesses community, key professionals, and others in the development of proposals. The resulting safety solutions are comprehensive, integrated and sustainable. Three key elements of the Comprehensive Planning Process are outlined below. The Five E's FLSRTS efforts incorporate, directly or indirectly, five components, referred to as the "5 E's". They are: 11130112 Florida's FLSRTS Guidelines Page 2 of 14 71 • Engineering -Creating operational and physical improvements to the infrastructure surrounding schools that reduce speeds and potential conflicts with motor vehicle traffic, and establish safer and fully accessible crossings, walkways, trails and bikeways. • Education -Teaching children about the broad range of transportation choices, instructing them in important lifelong bicycling and walking safety skills, and launching driver safety campaigns in the vicinity of schools. • Encouragement-Using events and activities to promote walking and bicycling. • Enforcement -Partnering with local law enforcement to ensure traffic laws are obeyed in the vicinity of schools (this includes enforcement of the duty of drivers to travel at or under the speed limit and to yield to pedestrians in crossings, as well as enforcement of proper walking and bicycling behaviors), and initiating community enforcement such as crossing guard programs. • Evaluation -Monitoring and documenting outcomes and trends through the collection of data, including the collection of data before and after the intervention(s). For more information on the definitions and ideas for each E, see the appropriate sections of the Safe Routes to School Guide produced by the National Center for Safe Routes to School and located at: http://guide.saferoutesinfo.org/. In their Infrastructure applications and Non-Infrastructure Forms for individual schools, applicants must summarize what they have already done and what they propose to do to address each of the E's. School-based FLSRTS Committee Successful FLSRTS programs begin by developing a comprehensive FLSRTS plan for an individual school or group of nearby schools. This is done by bringing together the right people to form a school- based FLSRTS Committee made up of representatives from each of the 5E's. The committee must include representatives from the affected school(s), not just from the school board or the school transportation section. The purpose of the Committee is to: • identify problems in and around the school, which are preventing children from walking or biking to school, • propose solutions to these problems, using the 5E approach, and • decide which solutions can be handled by the Committee and community resources, and which will require FLSRTS funding. Infrastructure Applicants are required to form a school-based FLSRTS Committee which has had at least one advertised public meeting before their application is submitted. They are also required to report in the application the names, titles and E represented by each member of the Committee, and what has been discussed at each meeting. This process is also recommended for Non-Infrastructure applications which affect one or a small group of schools. A School-based FLSRTS Committee can be based on an existing committee like a Community Traffic Safety Team, a PTA/PTO committee or a School Safety Committee, but other members must be added so the final committee includes school and community representatives from all 5E's. If one of these groups is used as the basis of a FLSRTS Committee, separate meetings (which can be before or after the regular group meeting) must be held to concentrate on FLSRTS planning. It is not acceptable to spend a few minutes of a regular committee meeting discussing FLSRTS and call it a FLSRTS Committee. The Committee should include representatives from the school or schools, elected officials, Metropolitan Planning Organizations/Transportation Planning Organizations, appropriate county and city agencies, local neighborhood associations and non-profit organizations. It is important to involve the public and affected neighborhood associations in planning efforts so everyone will be on board if a project is 11130112 Florida's FLSRTS Guidelines Page 3 of 14 72 selected for funding. If representatives of the PT AIPTO and affected neighborhoods are not included on the FLSRTS Committee, special meetings with these groups will need to be held to gain their support for proposed FLSRTS Infrastructure projects, as explained in more detail in the Infrastructure section. Planning Tools We recommend that applicants use the Florida Safe Ways to School Tool Kit as their planning process. The Tool Kit contains a process for forming a planning committee and creating and implementing a comprehensive Safe Routes to School plan. The Toolkit can be downloaded from: http://www.hhp.ufl.edu/safety/safe-ways.shtml. However, please use the national data collection forms located under Evaluation on the website of the National Center for FLSRTS: http://www,saferoutesinfo.org/data-centralldata-colhaction-forms. A student in-class travel tally is required to be conducted 3 times during this process. The results must be submitted to the National Center for FLSRTS (NCFLSRTS) data base at least six (6) weeks before submitting your application, so you can include the required data summary charts from the NCFLSRTS as attachments to your application as well as summarizing the results in the body of your Infrastructure application or Non- Infrastructure information form. 1. Before an application or information form is submitted 2. Shortly before a FLSRTS project begins 3. A few months after it is completed The results from these survey forms must be reported to the District FOOT office which is overseeing your project, as part of the final report on your project. The only exception for the before surveys is for a Non- Infrastructure program which is implemented in the same school year as the proposal, when there have been no major changes in travel patterns or major events which would influence either survey. Only the after surveys are required in this case. If the Tool Kit is not used, please follow a similar comprehensive planning process, which you explain on your Infrastructure Application or Non-Infrastructure Information Form if it affects only one or several schools. More planning suggestions are included at http://www.saferoutesinfo.org/quide/steps/index.cfm, under "Steps for Creating a Safe Routes to School Program". Application Details If an applicant is submitting for the same school, both an Infrastructure Application and a Non- Infrastructure Information Form, it is best to submit both documents to the District at the same time, with one cover letter referencing both projects. If this is not possible, the cover letter for the second project or program submitted should refer to the earlier proposal, so the Districts can see how the proposals relate to form a comprehensive FLSRTS program. The details of the proposed projects or programs should also be outlined in the "Future 5E's" portion of the Application or Information Form. Notification and Administration Applicants are required to list contact information on each FLSRTS application. This gives the Districts a point of contact if questions need to be answered or if modifications are needed to the application. After FLSRTS projects or programs are reviewed and funding decisions are made, the District will notify each MPOs/TPOs/BOCCs and contact person of their proposal's selection or non-selection. The form of notification is up to each District. A representative from the District will also contact the designated local contact person to help him or her through the process of formalizing the agreement and completing the project or program. 11/30112 Florida's FLSRTS Guidelines Page 4 of 14 73 Special Requirements (Note: the following overview may not be all-inclusive.) There are a number of Federal and State requirements that apply to both Infrastructure projects and Non- Infrastructure programs under the FLSRTS program. Applicants must ensure that they are knowledgeable and able to follow these requirements. • Title 23: All infrastructure projects and Non-Infrastructure programs funded by FLSRTS funds must comply with Title 23 requirements of the U.S. Code which include, but are not limited to, the Davis Bacon prevailing wage rates, competitive bidding, and other contracting requirements. Whoever carries out the construction (state, county, city, or consultant hired by any of these entities) or conducts the Non-Infrastructure program must comply with all applicable Title 23 requirements. USDOT regulations are available at: www.fhwa.dot.gov/legsregs/legislat.html. (Note: Infrastructure applicants must work with a Maintaining Agency such as a local government that has experience with Federal Construction Contracts in general, and Title 23 requirements in particular. This is also recommended for Non-Infrastructure applicants unfamiliar with Title 23 requirements.) As part of the Title 23 requirements, all FLSRTS projects and programs must also comply with National Environmental Policy Act (NEPA) regulations. Most FLSRTS projects and programs will likely be eligible for categorical exclusion under the provisions of 23 CFR Sec 771.117 which recognize there is no significant environmental impact in the construction of bicycle and pedestrian facilities. (Note: The categorical exclusion must be requested and granted; it is not automatic.) • Inclusion in TIP/STIP: All projects and programs funded must be programmed in the local Metropolitan Planning Organization's (MPO's) or Transportation Planning Organization's (TPO's) Transportation Improvement Program (TIP) if applicable, and the Statewide Transportation Improvement Program (STIP). If a FLSRTS project or program is located within an MPO urban area boundary, the MPO representative must sign the Application. It is recommended that applicants for projects located in an MPO or TPO area work with their MPO or TPO to ensure local support and consistency with regulations. (Note: the TIP is sometimes called the Comprehensive Improvement Program or CIP.) • Local Permits: Project Directors for FLSRTS projects or programs are responsible for any and all local permits relevant to their project. Applicant and Maintaining Agency personnel should work together to determine and acquire the required permits. • Americans with Disabilities Act (ADA): 11/30112 FLSRTS projects and programs must be designed to reasonably meet the needs of persons with disabilities. In doing so, the project director for the FLSRTS project or program must comply with all applicable provisions of the ADA. National standards are available at: http://www.ada.gov/, and information on Florida DOT's ADA design standards is available at Florida's FLSRTS Guidelines Page 5 of 14 74 Infrastructure Projects Basic Information: Proposed Infrastructure or Engineering projects may be located on or off the state highway system. Infrastructure projects usually take longer to plan and implement, and cost more than most Non- Infrastructure programs. But when they are designed to correct an identified problem, they have a great potential to help more children walk and bike safely to and from school. Eligible Applicants: For Infrastructure projects, eligible Applicants are: • Public schools (applications to be signed by the School Board Chair, Vice-Chair or designee); • Private schools (applications to be signed by the Headmaster, Assistant Headmaster or designee); and • Maintaining Agencies Generally, Applicants will also need to partner with a Maintaining Agency.* A Maintaining Agency is a government agency which is able to: • enter into a legal agreement with the Florida Department of Transportation • design and/or construct the project in accordance with all federal requirements, • provide the initial funding for the project before being reimbursed, and • maintain the completed Infrastructure project Generally, Maintaining Agencies will need to be Local Area Program (LAP) certified, since most FLSRTS projects are done through LAP Agreements. The District has the option of developing alternate ways to get the projects completed, including designing and/or building the project in-house, contracting for these services, or buying equipment such as bike racks or traffic engineering equipment for the locals to install and maintain. Contact your MPOs/TPOs/BOCCs or District for more information on how your District is handling these matters. See: www.SRTSfl.org for contact information. (*Note: A rare exception would be if a School Board applicant is themselves LAP certified.) Public support for Infrastructure projects is mandatory. The public should be informed of the proposal through presentations at such groups as Neighborhood Associations, PT A/PTO's and religious and community groups, as well as through writing articles and letters to the editor of local newspapers. The public should also be invited to attend the school-based FLSRTS Committee meetings during which the school-based FLSRTS committee discusses the project proposals. Although meetings of the Bicycle/Pedestrian Advisory Committee and MPO are considered public meetings and should be part of the public involvement process, these meetings must be supplemented by meetings with the affected Neighborhood Associations or other neighborhood meetings, and meetings with the PTA/PTO's for the affected schools, in order to ensure that those directly affected by the projects are informed and support the projects. In the past, there have been a few instances where a proper public involvement process was not followed for FLSRTS projects and affected neighbors raised objections to proposed projects after much time and effort had been invested in them. To date, these objections have been able to be overcome and the projects have gone forward as planned, but we want to avoid any repeat of these problems in the future, by ensuring that a thorough public involvement process is followed. Some proposed projects will allow children who live within two miles of their school to walk or bike to school, instead of being bused under a "hazardous" or "courtesy" busing program. In these cases it is especially important to make sure that parents understand that the busing program will likely be eliminated once the project is built, and that their support for the project is critical. If a District has spent funds and resources to develop or design a project and the Maintaining Agency later decides they do not want the project, the Maintaining Agency must reimburse the District for funds expended on the project. 11130112 Florida's FLSRTS Guidelines Page 6 of 14 75 Application Cycle: The State FLSRTS Coordinator makes any necessary updates to the FLSRTS Guidelines and forms and issues a Call for Applications for Infrastructure Projects once a year. This round of Applications will be open from December 7 2012 to February 28, 2013. This is for Fiscal Years 2018 & 2019. (Note: because of the requirement to include the Student Travel Tally summary reports from the National Center for SRTS as an attachment to Infrastructure applications, FLSRTS Committees should ensure that the travel tallies are entered before the application deadline. Do not rely on the National Center for SRTS to input the data.) Eligibility for FLSRTS Infrastructure Funding: You will be asked to supply information on many of these items in your application. Important eligibility points to remember: • Proposed projects must be designed to meet an identified need that is preventing children from walking or biking safely to and from school. • Proposed projects must be within a two-mile radius of the participating school, and within the school attendance area. Generally, the closer the project is to the school, the more likely it will be to increase the numbers of children walking or biking to and from school, or to increase the safety of children already walking or biking to school. For instance, projects beginning within a half mile to a mile from the school are more likely to encourage children to walk or bike, than projects beginning farther away. • Proposed projects must be located on public property or on permanent public easements. Right of way issues must be resolved before applying. Make sure you have a clear right of way, and be ready to show the proof. • Use of traffic control devices must be consistent with the current Manual on Uniform Traffic Control Devices (MUTCD), unless the applicant receives experimental approval from FHWA. 1. Eligible Projects: (Note: this is not a comprehensive list of eligible Infrastructure projects.) The following types of projects are eligible under Florida's Guidelines: • Pedestrian facilities: Includes new sidewalks and other pathways, sidewalk widening and sidewalk gap closures, on the public right of way. All of these facilities must include ADA ramps and meet other ADA requirements. Short pedestrian bridges may be able to be funded. Improvements to routes to bus stops • Bicycle facilities: Includes new or upgraded bike lanes, shared-use paths, geometric improvements and shoulder widening, on the public right of way. • Bicycle parking facilities: includes bicycle parking facilities such as bike racks; shelters and bike lockers on school grounds. These may be purchased for placement on public school property, but not on private property. This means these facilities cannot generally be placed on private school grounds, though there may be special cases. Generally the District or school board could purchase bicycle racks, especially if there is a current Agency Term Contract for this purpose like the current U-rack contract. However, in most cases, School Boards prefer to install the racks themselves on school property. 11130112 (Note: Bike racks should be installed on a concrete pad in a visible and easily accessible location, and School Boards should be provided with or directed to detailed state of the art information practices for bike rack installations. Good resources on bicycle parking include: Florida's FLSRTS Guidelines Page 7 of 14 76 o Bicycle Parking Guidelines by the Association of Pedestrian Bicycle and Professionals (free 2002 edition or 2010 edition available for purchase at: http://www. apbp. orql?paqe =Publications o the Bicycle Parking Brochure and Bicycle Parking Presentation available from Metroplan Orlando at: f.1ID2::lll~~1§11'M~W£Jllli£!~2!11i.'.W.Sl!!1§1.~YQ!!~lli1::.!2m1Jl§.Ull!ll::.k!l!Q!;111UntJ • Traffic control devices: Includes new or upgraded marked crosswalks, pavement markings, traffic signs and signals, flashing beacons, bicycle-sensitive signal actuation devices, pedestrian countdown signals, pedestrian activated signal upgrades, and all other pedestrian-and bicycle- related traffic control devices. Generally these are included as part of a larger bicycle or pedestrian facility project instead of as stand-alone projects. (Note: For any traffic control devices that require minimum 'warrants' to be satisfied prior to their installation, warrant sheets must be attached to the application. Coordinate with the appropriate traffic engineering office on this.) • Traffic calming: Includes roundabouts, bulb-outs, speed humps, raised crosswalks, raised intersections, median refuges, narrowed traffic lanes, lane reductions, full-or half-street closures, and other speed reduction techniques. Generally these are not stand-alone projects, but some traffic calming devices may be included as part of an overall pedestrian or bicycle facility project. (Note: to be eligible for FLSRTS, the primary benefit of the proposed traffic calming must be to benefit children walking to or from school). 2. Ineligible Projects: (Note: this is not a comprehensive list of ineligible Infrastructure projects.) The following are examples of projects which are ineligible for Florida FLSRTS program: • Purchase of right of way • Sidewalks or other pathways on school property, which are the responsibility of the school board or private school • Stand-alone curb ramps, which should be done with other funds to meet ADA requirements • Stand-alone items that should be addressed by regular maintenance, such as pavement repairs, repainting of roadway markings or replacement of signs. (Note: a small amount of funding for these activities may be approved by the District if part of a larger FLSRTS improvement project.) Application Instructions: Florida's Infrastructure Application can be found under the FOOT website (form number 500-000-30). You can search by number at: http:/twww2.dotstateJLus!proceduraldocuments/forms/ByNumber.asp. At this website you will find all the necessary information needed for the Infrastructure Application process in these forms: • Florida's Safe Routes to School Infrastructure Application Read all instructions carefully before beginning your application. Complete all applicable sections of the Application and attach all required attachments. Failure to provide all required information may disqualify your application. 11130112 Florida's FLSRTS Guidelines Page 8 of 14 77 Deciding how many Applications are needed: • Generally, each school requires a separate Infrastructure Application. • If schools (or any two or more qualifying schools) are located close together and proposed improvements will benefit both schools, they may be combined in one Application. Information on any after school facility which also benefit from the proposed project can be included in the text of the application. • If there are multiple improvements requested for one school, they should be included in one application. • If an Applicant proposes improvements at two schools not in the immediate vicinity, two applications would be needed. Proposals for the same treatment at multiple schools must be based on comprehensive school-based planning which has resulted in the proposals. See the section entitled "Comprehensive Program" of these Guidelines for more information. "One size fits all" solutions generally are not effective for FLSRTS. Project Evaluation and Selection: District FOOT offices evaluate Infrastructure FLSRTS applications based on completeness, as well as on the specific selection criteria listed in the FLSRTS Infrastructure Scoring Form,# 500-000-31, also located at: http:!lwww2.dotstateJLus/procedurah::locuments/forms!ByNumber,asQ. You can search by number for this form. Below is a description of the evaluation and selection process for Infrastructure projects. • Eligibility Evaluation The District or designee examines submitted Applications for Infrastructure projects for eligibility, by following the first page of the FLSRTS Infrastructure Scoring Form, noted above. A proposed project can be declared ineligible for several reasons, such as: • The Application was not received by the deadline • The Application is not fully completed or is missing required attachments • A comprehensive planning process was not completed before applying • The required Student In-Class Travel Tally was not completed before applying or is not attached. • The project does not comply with FLSRTS guidelines • The project would interfere with or disrupt existing infrastructure or planned improvements • Evaluation Panel Eligible applications are submitted to the District for a compliance review after being reviewed and submitted by MPOs/TPOs/BOCCs. • Ranking Criteria 11130112 FLSRTS applications meeting all eligibility requirements are evaluated by the District evaluation panel based on the questions in the FLSRTS Infrastructure Scoring Form,# 500-000-31 referred to above. This Scoring Form follows the Infrastructure Application very closely. Some of the selection criteria are: • Completeness of the School-based FLSRTS Planning Committee • Comprehensiveness of the FLSRTS planning process (including such tasks as addressing all 5 E's of FLSRTS and consideration of various solutions to the problems identified • Comprehensiveness of the public outreach process, including the affected neighborhoods and PT AIPTO organizations at affected schools • High level of interest on the part of the school in supporting walking and bicycling to school, and willingness to participate fully in a comprehensive FLSRTS program Florida's FLSRTS Guidelines Page 9 of 14 78 • Demonstrated need and community support for the project • Potential of the proposed project to increase the number of children walking and bicycling to school • Potential to increase the safety of high numbers of students already walking or bicycling to school in hazardous conditions • Identification of safety hazards and the potential of the proposed project to reduce child injuries and fatalities • Potential for the proposed project to eliminate the need for hazardous or courtesy busing routes • Potential for the project to complete a priority bikeway or pathway, with connections to neighborhoods and public destinations like parks, other schools or libraries • Demonstrated need for financial assistance to complete these priority bikeway or pathway connections • Constructability (including clear right of way) • Consideration and suggestion of alternative locations for projects facing constructability problems • Ability of the Applicant or Maintaining Agency to complete the project, or a workable plan to complete the project another way. Consideration is also given to other factors relating to the proposed project, which are deemed necessary to promote the pedestrian and bicycle safety of children in and around school areas. • Project Selection The District compiles a list of all eligible projects in the order ranked by the Evaluation Panel and presents this listing to the District Directors and/or District Secretary, along with any other relevant information, such as staff recommendations for which projects should be funded with available funds and the projects' potential benefit to the District. When the final recommended funding has been approved by the District Director and/or District Secretary, the District Safety Engineer or designee provides the following to the State FLSRTS Coordinator: • A complete list of eligible projects in rank order • Electronic or paper copies of the applications recommended for funding (in color if possible). The State FLSRTS Coordinator reviews the recommended projects to determine that they are in compliance with federal and Florida guidelines, and provides appropriate comments and recommendations to the Districts on their proposed projects. Because of the complex nature of the applications and the need to review projects from each District, at least one month should be allowed for this step. After any necessary adjustments, the District Safety Engineer or designee presents to the District Directors and/or District Secretary the final ranking of projects and recommendations for projects to add to the FOOT Work Program. The projects must also be approved by the Florida Division of the FHWA, so it is important that the wording in the FOOT Work Program include the fact that it is a FLSRTS project, a brief description of the project, the location and which school or schools will benefit from the project. (Note: Any proposed project not selected may be resubmitted on an updated application form for consideration in the next funding cycle. Or the District has the option of retaining non-funded applications from previous cycles to consider for the next cycle, and requesting necessary updates from the applicant before these projects are funded.) Project Administration: Unless the project is to be implemented by the FOOT District, Applicants and/or Maintaining Agencies of selected projects will be required to enter into a contract with the FOOT. This contract generally takes the form of a LAP agreement. Any agreement used must contain language for all federally mandated regulations. Important points to remember: 11130112 Florida's FLSI·?TS Guidelines Page 10 of 14 79 • For Infrastructure projects on local roads, the Project Administrator's agency must in most cases be LAP-certified in order to enter into a LAP agreement to design and/or build the project. • If the Applicant is LAP-certified and can provide the initial funding for the project, the Applicant will become the Project Administrator. This is not the usual case, since most school boards and other Applicants are not LAP-certified. • If the Applicant is not LAP-certified and/or cannot provide the initial funding for the project, the Maintaining Agency will become the Project Administrator. • Infrastructure projects must follow appropriate design criteria. Projects on the State Highway System must follow the criteria established in the Plans Preparation Manual (PPM) and the FOOT design standards. Projects on local systems should meet the minimum standards and criteria provided in the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook). These documents can be found on FOOT's web site at: http://www.dot.state. fl. us/rddesign!CS/CS.shtm. • The Project Administrator is required to pay initial project costs and submit progress reports and billings for reimbursement of direct costs, as described in the FOOT LAP Manual: http://www. dot. state. fl. us/projectm anagem entoffice/LAP /LAP TOC .shtm. • Any work performed by the Project Administrator prior to receiving written authorization to proceed is not eligible for reimbursement. • Indirect costs will not be reimbursed. • Please contact your District or designee if you have any remaining questions on the submission, selection and administration of FLSRTS Infrastructure projects. Non-Infrastructure Programs Basic Information: Most Non-Infrastructure programs do not require as much time or money to develop as Infrastructure projects. They are often less expensive but have a big potential to increase the number and safety of children walking and biking to and from school, as well as the comfort level of parents. The National Center for Safe Routes to School website has many examples of successful Non-Infrastructure programs. Check their web pages for more information: http://www.saferoutesinfo.org/data-central/success-stories and www.saferoutesinfo.org/. Non-Infrastructure projects should be considered start-up funds. As a result, local Non-Infrastructure program funding should not exceed three consecutive years for the benefit of one school or group of schools. However, local Applicants can apply to expand or adapt successful programs to different schools, or propose different programs after that time. Education, Encouragement, Enforcement, and Evaluation are considered Non-Infrastructure activities, and are all vital to the success of a Safe Routes to School program. There are other funding sources and other approaches to accomplish some of these activities. We encourage schools and communities to explore other ways to accomplish the programs and activities that will not be funded through FLSRTS. Non-Infrastructure programs which are eligible and ineligible for Florida FLSRTS funding are described in the sections that follow. Eligible Applicants: For Non-Infrastructure programs, the range of prospective Applicants is much broader than for Infrastructure projects. The major considerations are that the Applicants: • Are qualified and able to conduct the proposed activities • Are financially and organizationally qualified to follow all of the applicable federal rules and pay all costs associated with the program first, then get reimbursed. 11130112 Florida's FLSRTS Guidelines Page 11 of 14 80 Some examples of prospective Non-Infrastructure Applicants are: • School Boards or schools, (public or private) • Governmental organizations (cities, counties, Health Departments, etc.) • Colleges and Universities • Non-profits registered in the state of Florida (Safe Kids, non-profit hospitals, etc) on a case by case basis Application Cycle: Florida is no longer using a formal application or application cycle for its Non-Infrastructure programs. Instead, a shorter Non-Infrastructure Information Form has been developed, which should be used for proposals which will benefit an individual school. Proposals which will benefit multiple schools in one county or region may instead be submitted in the form of a proposed Scope of Services. This Scope of Services should contain at a minimum: • an identified problem which is making it hard for children to walk or bike to school safely • the planning process by which the problem was identified • other background information on the identified problem • the proposed solution, including all proposed activities and partners • relation to any Infrastructure projects applied for or planned • proposed timeline • proposed budget • explanation of each budget item and its relation to the activities The Information Form or Scope of Services must provide enough information so they can understand the intent of the proposal and decide whether it is worth pursuing. Once this determination is made, the FOOT Contact will work with the Applicants toward the creation of a viable Non-Infrastructure program. Once agreement is reached to proceed with a program, a Joint Participatory Agreement (JPA) or other formal agreement will be signed by FOOT and the Applicant. Non-Infrastructure Programs--Eligibility for FLSRTS program: Non-Infrastructure programs which are eligible and ineligible for FLSRTS program are described in the sections that follow. 1. Eligible Activities or Programs: (Note: this is not a comprehensive list of eligible Non-Infrastructure activities) 11130112 • Support for the creation of "Walking School Buses" or "Bike Trains" of school children • Support for Walk and Roll to School Days • School encouragement and incentive programs, using modest incentives • Support for bicycle rodeos • Pedestrian and bicycle safety education training for children or instructors, including, but not limited to, the Florida Traffic and Bicycle Safety Education Program: http://www.hhp.ufl.edu/safety/, the WalkSafe Program: http://www.walksafe.us/ and the BikeSafe Program: http://www6.miami.edu/UMH/CDA/UMH Main/0,1770.2573-1 ;8527- 2;6671 0-2.00.html • Support for these types of education programs, including paying for trainers, equipment, substitute teachers (if necessary and training is done during the school day) or training time for teachers (if necessary and training is done outside the school day) • Other relevant training for children, such as transportation, environmental choices and personal safety, if done as part of a larger FLSRTS program • Relevant training for law enforcement personnel, school administrators, youth leaders, Florida's FLSRTS Guidelines Page 12 of 14 81 parents or the public, including paying trainers 2. Ineligible Activities or Programs: (Note: this is not a comprehensive list of ineligible Non-Infrastructure activities) Some of the Non-Infrastructure programs that are not eligible are listed below, as well as the rationale for each: 11/30112 • Enforcement: Local law enforcement activities should be conducted by a local law enforcement agency in a cooperative agreement with the school or school board, as part of a FLSRTS program. Periodic speed enforcement and crosswalk enforcement at or near the school, for instance, should be done as a regular program of the law enforcement agency. Overtime payment for law enforcement activities cannot be reimbursed under FLSRTS program. Law enforcement equipment may not be purchased under program. Overtime and equipment are eligible items for funding through the FOOT Highway Safety grant program, as described on the following website: httg:!/www.dotstate.f!.us/Safety/Highway§afetyGrantProgram/hsgp/hsgp.shtm. Federal SRTS Guidance prohibits funding recurring costs, such as salaries of crossing guards. In addition, no other expenses of Crossing Guard programs will be funded through FLSRTS program, since training is already provided at no cost to Crossing Guard trainers through the Florida School Crossing Guard Training Program, and basic guard equipment is already required by the Florida School Crossing Guard Guidelines and the Manual on Uniform Traffic Control Devices. For the Guidelines and more information on the Florida School Crossing Guard Training Program,see:nn~~~~~~JU~~~~~~~Uill~~~~~~illlli~~Til- • Evaluation: Evaluation is an integral part of the FLSRTS process, and includes the collection of many types of data such as the speed and volume of traffic, bicycle and pedestrian crash data and driver compliance with traffic laws near affected schools. Evaluation using the survey forms provided by the National Center for SRTS involves: • the school-based In-Class Student Travel Tally and other data requested in the Florida Infrastructure application, and • the data required by these procedures before and after a funded FLSRTS project or program is implemented (In-Class Student Travel Tally). It is expected that a school can do the Evaluation activities. The Applicant, school, PTAIPTO or other entity can enter the data online for the school. You must include the required Student Travel Tally summary with your application. For more information, see the Evaluation Section of: http://www.saferoutesinfo.org/data-centraJ/data-collection-forms. The Infrastructure Application requires both student travel data for the entire school, and for the route proposed to be improved. The student travel data for the entire school must be determined through use of the In-Class Student Travel Tally. However, the student travel data for the proposed route can be determined by a visual survey or through a reasonable estimate based on the school's knowledge of who rides the bus and who travels by private vehicle. See Section 6 of the Infrastructure Application for more details. If your Non-Infrastructure program or Infrastructure project is selected for funding, you will also be required to collect evaluation data using the national SRTS survey (Student In-Class Travel Tally) a few months before and after the program is implemented. This form can also be found at: http://www.saferoutesinfo.org/data-central/data-collection-forms. Florida's FLSRTS Guidelines Page 13 of 14 82 The only exception is for a Non-Infrastructure program which is implemented in the same school year as the proposal, where there have been no major changes in travel patterns or major events which would influence either survey. • Other Non-Infrastructure activities ineligible for FLSRTS reimbursement include: • Planning or evaluation services provided by consultants for individual programs • Recurring costs, including salaries for local or District FLSRTS coordinators • Overtime for personnel • Food or drinks • Supplanting any existing funding Non-Infrastructure Information Form and Scope of Services Instructions: Please read carefully the instructions included on the Information Form, and complete all sections. Failure to provide all required information may disqualify the program or delay its progress. If using a proposed Scope of Services for multiple schools, see the minimum required information listed above under Application Cycle. Project Evaluation and Selection: Non-Infrastructure proposals will be evaluated based on: • their educational soundness • their potential for increasing the number of children walking or biking to and from school, and/or • their potential for increasing the safety of children who are already walking or biking to and from school. Read the Education (http:!!wvvw.saferoutesinfc.tmg!guide/education!lndex.cfm) and Encouragement (http:/!www.saferouteslnfo.org/gulde/encouragementltndex.cfm) sections of the FLSRTS Online Guide for more suggestions. Who to Contact With Questions: If you have remaining questions about the application process after reviewing the Guidelines, Infrastructure Application, Instructions for Infrastructure Application and Non-Infrastructure Information Form, consult your District FLSRTS Contact or the State's Safe Routes to School Coordinator. See www.SRTSfl.org for contact information. 11130112 Florida's FLSRTS Guidelines Page 14 of 14 83 THIS PAGE INTENTIONALLY LEFT BLANK 84 MIAMI BEACH COMMITTEE MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the CitY, Commission Kathie G. Brooks, Interim City Manager/A.,~ March13,2013 l DATE: SUBJECT: REFERRAL TO THE HISTORIC PRESERVATION AND DESIGN REVIEW BOARDS TO SEEK THEIR DIRECTION AS TO WHAT TYPE OF DIRECTORY STRUCTURES ARE MOST APPROPRIATE FOR THE LINCOLN ROAD CORRIDOR BACKGROUND The City currently has an agreement with Clear Channel Adshel Inc., to construct, operate and maintain directory structures in the Lincoln Road Area, to provide directory information location maps, offer advertising space for commercial use, fabricate and install street signs and block numbers at ten (1 0) intersections along Lincoln Road. Interest has been expressed which calls for replacing the current fixed advertising panels on Lincoln Road with digital advertising panels. Clear Channel Adshel Inc. recently sought approval from the Historic Preservation and Design Review Boards for the replacement of existing fixed advertising panels with digital advertising panels in twenty (20) bus shelters located in South Beach, but both Boards denied the request. ANNALYSIS A presentation to the Finance and Citywide Projects Committee was made at the meeting of February 20, 2013. After discussion, the Board recommended that the Administration go to Historic Preservation and Design Review Boards to seek their direction as to what type of directory structures are most appropriate for the Lincoln Road Corridor. After this direction is obtained, the Administration recommends that a Request For Proposals be issued. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Historic Preservation and Design Review Boards to seek their direction as to what type of directory structures are most appropriate for the Lincoln Road corridor. KGB/FHB F:IWORKI$ALL\(1) EMPLOYEE FOLDERS\FIORELLA SARMIENTO\Adshel FCWP February 2013.docx 85 Agenda Item C 4 I Date 3-13-13 THIS PAGE INTENTIONALLY LEFT BLANK 86 IB OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Ms. Kathie Brooks, Interim City Manager Mr. Rafael Granado, City Clerk Commissioner Deede Weithorn March 4, 2013 Referral to Land Use Committee Amendment to RM-2 Expanding Permitted Use MEMORANDUM Commissioner Deede Weithorn would like to refer to the Land Use Committee an amendment to expand the permitted uses of RM-2 zone properties and to include the following proposed language: Sec. 142-212. -Main permitted uses. The main permitted uses in the RM-2 residential multifamily, medium intensity district are single- family detached dwellings; town homes; apartments; apartment-hotels;-aM-hotels.: and offices that are incidental to and customary with a hotel in the RM~3 district fronting Collins Avenue located no more than 1,200 feet from the property, measured by following a straight line from the lot on which the office is located to the lot on which the hotel is located, provided that the lot on which the office is located shall be governed by a restrictive covenant, approved as to form by the citv attorney's office and recorded in the public records of the county as a covenant running with the land, stipulating that the office use shall be incidental to and customary in connection with the hotel and may only remain so long as the hotel use continues. Should you have any questions and/or concerns, please do not hesitate to contact me at extension 6528. Alex J. Fernandez, Commissioner Weithorn's Office 87 Agenda Item ~ lf J Date 3,..13 -13 THIS PAGE INTENTIONALLY LEFT BLANK 88 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Man FROM: Michael Gongora, Commissione DATE: March 4, 2013 SUBJECT: Referral Item for March Commission Meeting Please place on the March Commission consent agenda a referral to Land Use Committee to discuss status update for the beach walk from Sunrise Plaza to Fifth Street. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 89 Agenda Item C Cf K Date g '/3-J3 THIS PAGE INTENTIONALLY LEFT BLANK 90 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Man FROM: Michael Gongora, Commissione DATE: March 5, 2013 SUBJECT: Referral Item for Commission Meeting Please place on the March Commission consent agenda a referral to the Sustainability Committee to discuss green building incentives for residential and commercial use. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 91 Agenda Item C l.l L Date 3-13-13 THIS PAGE INTENTIONALLY LEFT BLANK 92 (9 MIAMI BEACH OFFICE OF THE MAYOR At'-JD COMMISSION MEMORANDUM DATE: Kathie Brooks, Interim City MJ?nager Jerry Libbin, Commissioner . March 6, 2013 TO: FROM: SUBJECT: Consent agenda item for the March 1 3, 2013 Commission meeting; a referral to the Neighborhood and Community Affairs Committee Please refer to the Neighborhood and Community Affairs Committee a discussion to consider hosting a biannual Art Camp held in Miami Beach in cooperation with UNESCO which I believe would become another crown jewel for our City. Please contact my office at ext. 7106 if you have any questions. Attachment Jl/er Wo ore commilfed to providing t'xcdlonl public .wvicr:> nr•d so{e!y 'o ,1!/ who live, work, ond play m uur vib1c Agenda Item C.l( M Date S·~ 13-13 93 Comissi6 Nacional Andorran a per a Ia UNESCO Organltzacl6 • de !es Naclcns Unldes • per a l'edLicaci6, , AvlngLida Filer I Rossell, 71 Ia ciencia I Ia cultura , AD700 Escaldes-Engordany , Principal d'Andorra Tel~fon (+376) 625 700-Fax (t376) 861 911 E-mail: cnau.unesco@andorra.ad Dear Mr. Libbin, Escaldcs-Engordany 61h February 2013 Mr. JetTy Llbbln President & Ceo Miami Beach Chamber of Commer·ce 1 am pleased to write to you to present the Art Camp Project, which has taken place in the Pyrenean country of Andorra in July of20l2, It has been attended by 37 artists from 5 continents and more than 30 countries, proposed by their National Commissions, who painted and participated in joint activities stimulated by the medium of art, but based on a dialogue of mutual respect and understanding between cultures that together form the basis of the ideals behind the United Nations Declaration fot· Human Rights. The project was the third bi~alllmat Art Camp organised by the Andorran National Commission for UNESCO (CNAU) with the joint cooperation of the City Council of Ordino, the Andorran National power supplier (FED A,) alongside a host of other loeal and international sponsors. The theme of this year's event was Stlstainable Energy For All and follows on fi·om the last events theme of Cultural Rapprochement. Along the fortnight the artists gathered together to collectively paint in an open studio and provide their own individual interpretations of their surroundings' in their various painting styles. Part of the evening program involved participants staging presentations aimed at giving an info11native insight into their diverse cultures and countries. This included everything from audio-visual presentations to native song and dance and even regional cuisine, a part of a wide range of excursions. These evenings, alongside the open air studio where the artists painted, were made accessible to locals and participants alike and helped foster bonds between the artists themselves and the local community who was extremely welcoming and hospitable. By the end of the project, each artist had prepared their three works for exhibition through a range of individual artistic styles and methods. With more than one hundred tmique individual pieces, the exhibition provides a global display of world art. AU participants also signed a co!lective manifesto which was written together with the Patron for Art Camp, Ms Hedva Ser, the official UNESCO Artist for Peace who personally attended the project and addressed the exhibition on the opening night. Our aim is to now share this experience and the Art Camp project as widely as possible through a series of international exhibitions in E11rope and in the Americas. With that in mind, we have already organised for the first gallery opening to be held at the Strasbomg Council of Europe headqmuiers before it then travels to Brussels and later to the UNESCO headquarters in Paris. We sincerely believe 94 that this project is one of significant value and comes at a time where an emphasis 011 unity between cultures, religions and nations is a much needed virtue. That is the reason why we would like to suggest the possibllity of twinning om Art Camp "Colours for the Planet" with Miami Beach and organise the art camp in your city every two years. This will permit to the Art Camp to take place every year. Thereby, we ask Ms Hedva Ser, UNESCO Artist for Peace and godmother of the Art Camp, to establish a first contact to make a proposal of cooperation between the National Commission of Andorra to UNESCO and the Miami Beach Chamber of Commerce. The core of this project would be the promotion of peace values. We hope that you will tind this proposal interesting and if you require any further information or have an interest in future cooperation, we would be more than pleased to explore any potential options for working together, especially in the organisation of Art Camp. Yours sincerely, Elisenda Vives President of the Andorran national commission of UNESCO Av. Fiter i Rossell, 71 AD700 Escaldcs-Engordany Principal d'Andorra Links to Art Camp: http://vlmeo.com/46091683 (Workshops) http://vimeo.com/484 71292 (Summary) http://vimeo.com/46176093 (Nefson Mandela's Birthday) 95 THIS PAGE INTENTIONALLY LEFT BLANK 96 C6 COMMISSION COMMITTEE REPORTS C') en ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager ;;:::t(,-1.. ~ . March 13, 2013 SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON MONDAY, JANUARY 28, 2013. A meeting of the Neighborhood/Community Affairs Committee was scheduled for Monday, January 28, 2013 at 4:00 pm, and was held in the City Manager's Large Conference Room, 41h Floor. Commissioners in attendance: Commissioners Ed Tobin, Jerry Libbin and Jorge Exposito Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 4:50 PM. 1. Discussion Concerning The Flamingo Park Neighborhood Becoming Florida's Most Pedestrian Friendly Neighborhood. (4:54 PM) ACTION: Discussion for this item was deferred for next meeting as a request by Fred Beckmann, Public Works Department Director 2. Discussion Regarding Expanding The Ordinance (2012-3751) Amending Chapter 66, "Marine Structures, Facilities And Vehicles," Article lv, "Vessels," Section 66-151, "Launching And Hauling," To Prohibit Docking, Securing, Embarking Or Disembarking Vessels At Municipal Or Public Seawalls, Wharfs, Docks Or Bulkheads In Single Family Neighborhoods, Creating Exceptions, Providing For Repealer; Codification; Severability And An Effective Date To Make It More Comprehensive. (5:27 PM) Peter Luria from Sunset 3 & 4 spoke, seeking direction on the item. Commissioner Libbin indicated that he was in favor of protecting the integrity of the neighborhood, and was worried about the criminal activities in the area. Terry Bierstock spoke Gary Held Firs Assistant City Attorney indicated the language change in the ordinance Section 1 at the end of (b) (1) where it reads" .. in a residential neighborhood, except in facilities expressible that are designed and authorized for that purpose" ACTION: The Committee (Commissioner Tobin, Libbin and Exposito present) unanimously moved to forward to Commission. 3. Discussion Naming 8th Street After Tony Goldman. (4:55 PM). Commissioner Libbin wants administration to follow up with the Legal department to review the procedures for this item. Max Sklar, Acting Assistant City Manager noted City code requires a change in the ordinance and we needed to look into the matter further. 98 Agenda Item C 6,4 Date 2 ... 13-L 3 City Commission Memorandum January 28, 2013 Reoort of the Neighborhoods/Community Affairs Committee of January 28, 2013 Jose Smith, City Attorney added that naming a street requires a referendum, and will not be possible. Commissioner Libbin suggested having a statue at Lummus Park. ACTION: The Committee (Commissioner Tobin, Libbin and Exposito present) recommended administration to get in touch with Tony Goldman's family and Marlo to discuss options and location. Commissioner Libbin also offered to meet with the family to discuss the options further Commissioner Tobin suggested for Commissioner Libbin to reach out to Commissioner Gongora as well. 4. Discussion Regarding The City Of Miami Beach Centennial, Which Will Occur On March 26, 2015. (4:59PM) Commissioner Tobin presented the item, stating that we should have a committee for the event. Max Sklar, Acting Assistant City Manager agreed to have a committee for the event, and would like direction as to how to structure the committee. Commissioner Libbin suggested that it was a good idea to form a host committee for the big event. Commissioner Tobin suggested that we should give the task to the Miami Beach Visitor & Convention Authority (VCA). Commissioner Exposito suggested that we should have different events through the year to make the Centennial a memorable one. Commissioner Libbin made the motion to suggest that the Miami Beach Visitor & Convention Authority take this as a project and authorizes them to raise funds for it, Commissioner Exposito seconded the motion. ACTION: The Committee (Commissioner Tobin, Libbin and Exposito present) unanimously moved to have the Miami Beach Visitor & Convention Authority to take this celebration as a project. 5. Discussion Regarding The Placement Of A Fence Along The Perimeter Of The Scott Rakow Youth Center Playfield. (4:50 PM) Kevin Smith, Parks and Recreation Department Director gave an overview of the item, stating that at one time the fence was on the design but it was removed from the plans. Now it will cost around $16,500 for the fence. Kathie G. Brooks, Interim City Manager stated that the cost of the fence will be added in the new budget. Commissioner Tobin expressed that the budget be added for this fiscal year, and direct administration to find the funds for the project to begin. Commissioner Exposito asked about safety on the park, since the Golf course will begin renovation starting June 2013, and if fence for that project will be a concern for the safety of the kids attending the Youth center. 99 City Commission Memorandum January 28, 2013 Report of the Neighborhoods/Community Affairs Committee of January 28, 2013 temporary fence can be erected. Then see if we can find the funds for a permanent fence. Kevin Smith, Parks and Recreation Department Director indicated that he will meet with Fernando to coordinate efforts for the safety of the kids. Commissioner Libbin made the motion to have the fence placed along the perimeter of the Scott Rakow Youth Center, commissioner Exposito seconded the motion. ACTION: The Committee (Commissioner Tobin, Libbin and Exposito) unanimously moved for the project to go forward pending the administration find funds for the project and coordinate with CIP during their project. 6. Discussion Regarding Creating A Municipal Youth Council On Miami Beach. (5:10PM) Kevin Smith, Parks and Recreation Department Director presented the item, emphasized being a great program for the kids of our community, and have the kids participate on several meetings and have them share their input and thoughts. Commissioner Tobin suggested that maybe the City should have a program like the Leadership Academy for the youth of our community, so they can see how the City works, how the Government is managed we should include the Citizens Police Academy as well. Commissioner Exposito added that it would be a great idea having the kids participate in different committees and establish a Youth Committee that will help high school students' future. Commissioner Libbin suggested that rather than creating a program, establish a seat for each board as a non-voting or voting and then having their own council, and they can discuss among themselves and come up with their vision or goal. Kathie G. Brooks, Interim City Manager indicated that the involvement of the kids on different boards could be a great civics lesson. Dessiree Kane, Commissioner Tobin's Aide, explained the program, its success in Tampa, and how it was designed for 1 01h, 11th and 121h graders. This will be a great idea for kids to participate on different boards, and have a sense of ownership of their City. Maria Ruiz, Office of Community Services Division Director, stated that there are several models throughout the country and depending on how we want them to succeed, we could adopt several models. Have them be part of our decision making, could also create community services for the students. Jose Smith, City Attorney suggested to reach out to the student's council at Miami Beach High through Leslie Rosenfeld. Dessiree Kane, Commissioner Tobin Aide, indicated that she already met with the Vice President of the Student Council, and they are interested. Commissioner Tobbin also stated that he would like to further meet with Dessiree and Maria Ruiz to discuss options. ACTION: The Committee (Commissioner Tobin, Libbin and Exposito present) recommended administration to follow up if everybody agrees on having the kids enrolled in the next Leadership Academy, and report the outcome next month. 100 ttl,.; "'iE"" PLEASE PRINT LEGIBLY NAME ~ I --.....t rr > ~·-""""· , 0 -; ~ ~le.... bcools G L vi' J ,._J uJJ{?z_ NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE January 28, 2013 SIGN-IN SHEET ORGANIZATION I DEPT. I PHONE NO. totrl) EMAIL Pul.kc Wo .rkj' f-1-IAt:;rf_, £.4'favt."'i~ Wti.afM.~Ie&::<trft Sv f,/~~Y-] i-1-Xl'Po \ D _(p~C, D MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM, Kathie G. Brooks, Interim City Manager 0 DATE: March 13, 2013 SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON FEBRUARY TUESDAY 19, 2013. A meeting of the Neighborhood/Community Affairs Committee was scheduled for Monday, February 19, 2013 at 3:00 pm, and was held in the City Manager's Large Conference Room, 4th Floor. Commissioners in attendance: Commissioners Ed Tobin, Jerry Libbin and Jorge Exposito Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 3:17PM. 1. Discussion Regarding An Ordinance Amending Regulations Of Alcoholic Beverages In Public Places. (3:17PM) Commissioner Libbin presented the item, indicating that the issue was more about To Go- Cups (plastic), and some regulations needed to be implemented. Max Sklar, Acting Assistant City Manager indicated that this was an old item pending for a while, and the Administration was seeking policy direction regarding the sale of alcohol in approved beach concession areas. Commissioner Libbin stated that that current beach concession agreements with hotels, does not allow the sale of alcohol but the practice has occurred for years. Max Sklar indicated that administration is looking for direction before drafting City Code amendments. The current City Code prohibits the sale of alcohol in public property with (3) exceptions; a) Sidewalk Cafes having a valid sidewalk cafe permit, b) Public Property leased from the City by a private entity and licensed by the city for such use and c) Areas temporarily designed for such use by the City by the issuance of a valid event permit. Commissioner Tobin made the motion to direct administration to formulate a plan on how to structure this issue and to contact the businesses impacted to develop the amendments, a method for charging the concessionaires and a timeline for implementing the changes. He also requested the item be placed on the March Commission Meeting, where administration will receive direction on how to proceed with it. Commissioner Exposito seconded the motion. ACTION: The Committee (Commissioner Tobin, Libbin and Exposito present) unanimously moved to have this item discussed on the March Commission Meeting. 2. Discussion Concerning The Flamingo Park Neighborhood Becoming Florida's Most Pedestrian Friendly Neighborhood. (5:25 PM) 102 Agenda Item C ~ B Date 3-13-13 City Commission Memorandum March 13, 2013 Report of the Neighborhoods/Community Affairs Committee of February 19, 2013 Page 2 of 5 Public Works Department Director Fred Beckmann gave a background on the item and how the plan will help the neighborhood. Commissioner Exposito asked the width of the streets on the neighborhood, so we are consistent with what we tell the neighbors. Fred Beckmann responded that the streets were all have the same width and are consistent with the streets in the neighborhood. Commissioner Tobin and Commissioner Libbin asked if there was a way to bring mass transit to the area and have the parking lot in the area utilized for the residents of the area, with a reduced fee for residents to alleviate the traffic congestion in the area. Commissioner Tobin suggested utilizing parking garage at 61h street for the residents of the flamingo park area, and try it for about 6 months to see how this works, and discuss it then. ACTION: The Committee (Commissioner Tobin, Libbin and Exposito present) unanimously recommended that the administration try the utilization of the garage at 61h street, as a trial period for six months at a further discounted rate, and then bring the item back to Commission Meeting. 3. Discussion Regarding A Resolution To Establishing And Designating Tobacco-Free Zones In All City Parks And Outdoor Recreational Facilities. (5:13PM) ACTION: Item withdrawn by Commissioner Libbin. 4. Discussion Regarding Building A Guardhouse At East Entrance Of Normandy Shores (5:15PM) Commissioner Tobin asked if notices were given to the neighbors. Commissioner Libbin stated that he does not know what the Normandy Shores Homeowners Association position is in regards to the item, but he thinks that if the city is willing to support this, the Homeowners Association will be in favor, as long as the cost does not to come not from the City nor from the Association, but by the developers of the current projects. Raul Aguila offered to meet with representatives from the newly formed homeowners association outside the gate to provide them with options on how to proceed with this project. He also informed the Committee that state statute governs this through the creation of safe neighborhood taxing district and there is a referendum requirement. The Committee (Commissioner Tobin, Libbin and Exposito present), directed Legal to meet with the Homeowners Association and discuss details on the item. ACTION: The Committee (Commissioner Tobin, Libbin and Exposito present) recommend bringing back this item to the April NCAC meeting 5. Discussion Regarding An Update On Upper North Bay Road Drainage Project. (3:37 PM) Public Works Department Director Fred Beckmann gave an updated report on the item, stating that due to the change of groundwater and tailwater elevation, it was decided to go back with and plan and had two options, one to stay with Reynolds, Smith and Hills, Inc. 103 City Commission Memorandum March 13, 2013 Report of the Neighborhoods/Community Affairs Committee of February 19, 2013 Page 3 of 5 (RS&H) and redesign to the new criteria or go the Design Build Criteria Package (DCP) to which it was opted to go to, the package is ready to go and now legal is working in development of the design-build agreement. Commissioner Tobin asked when DCP is already been done, what happens when somebody that bids on it, decides to have some changes, are they allow to do that? Richard Saltrick, City Engineer answered stating that yes they do have the ability to add or change if needed, it goes to a process where City reviews it, approves it, and it is negotiated at the end in a Progressive Design-build, the City manages the design process, the city reviews it, approves it and at the end if needed price is negotiated with the firm. Commissioner Tobin asked what if company does not like or needs to change the design, how that work, and what will the best process be for the City. Public Works Department Director Fred Beckmann answered, stating as summary that the DCP the designer whoever the company selects will be the one making the decisions and if we think that something needs to be added it will be discussed, and if price needs to be negotiated, it takes place at the end of the project. Dwight Kraai spoke in regards of tides for which he distributed a chart of 2012 monthly average MHW, Ft. NAVD and questioned that the standard groundwater and tailwater elevation is too low. Commissioner Tobin suggested to discuss this issue in another meeting. Commissioner Libbin suggested that we should consult with the Netherlands engineers about this issue, since they are widely recognized as experts we should have their advice or input on this issue. Kathie G. Brooks, Interim City Manager agreed with the suggestion, indicating that the City was already in the process of meeting with them . Richard Saltrick, City Engineer indicated that they have already met with some representatives from the Netherlands, and that they will meet again to discuss on the matter. ACTION: The Committee (Commissioner Tobin, Libbin and Exposito present) directed administration to have in the DCP, as an alternative, the difference to go from Pump and Alpha system to an Injection well system. 6. a. Discussion Regarding A Sanitation Plan During Spring Break 2013. b. Discussion Regarding The Status Of The Major Event Plan For Spring Break. (4:09PM) Acting Assistant City Manager Max Sklar presented the item. Commissioner Libbin asked how to ensure we have clean beaches, clean streets, parks, how is service delivered, are we prepare to host the number of visitors coming to our city for Spring break. Acting Assistant City Manager Max Sklar provided an overview of the Major Event Plan for Spring Break. 104 City Commission Memorandum March 13, 2013 Report of the Neighborhoods/Community Affairs Committee of February 19, 2013 Page 4 of 5 Commissioner Exposito asked, when was going to start the increase of enforcement? Also commented that in the past starting early was very effective, and by starting earlier will set precedence and started to see fewer issues. Acting Assistant City Manager Max Sklar stated that Spring Break already started and that the City was already active, having different departments already working on the issue, already have the dates for the Variable Message Signs (VMS) to be placed at various locations, also temporary real estate-type signs in the right of way and along the parks, also created pamphlets with different information and key phone numbers for the visitors to be distributed to the public by our GWA. Carla Probus (City resident) spoke, questioning the effectiveness of Code Compliance citation for litter violations. Robert Santos-Aiborna, Code Compliance Director gave an overview of the plan Code Compliance has with the Police Department, to which he indicated that for the past two years, the plan has worked perfectly, and at this point his office is ready for this year. ACTION: The Committee (Commissioner Tobin, Libbin and Exposito present) requested a Letter to Commission (LTC) regarding the GWA program for Spring Break. 7. Discussion Regarding Items That Are Referred To Commission Committees To Be Reviewed If Not Heard By That Committee Within (6) Six Months Of Its Referral Dates. (5:43 PM) Commissioner Libbin presented the item, and suggested that items which have not been discussed in Six (6) months should be removed from the agenda. Commissioner Tobin made the motion that all items referred to various City Commission Committees should be heard as soon as possible regardless of whether the referring City Commissioner is present for the discussion and the Commissioner should be noticed of the discussion item. He also felt there could be one courtesy deferral if the commissioner is out of town, to move it to the next month, and after six months that the item be printed on the Commission Agenda as an informational notice that it has been withdrawn. ACTION: The Committee (Commissioner Tobin, Libbin and Exposito present) unanimously moved for the pending items to be removed after six months with a report of withdrawn items on the monthly City Commission agenda. 8. Discussion Regarding Considering The Removal Of The Four (4) Public Parking Spaces On Sunset Drive At The Entrance Of Sunset Harbor Island. (4:29 PM) Parking Department Director Saul Frances presented the item, indicating that Parking Department does not have an issue on the matter and spaces could be removed. Commissioner Exposito moved with the item, seconded by Commissioner Tobin. ACTION: No action was taken. 105 City Commission Memorandum March 13, 2013 Report of the Neighborhoods/Community Affairs Committee of February 19, 2013 Page 5 of 5 9. Discussion Regarding Relocation Of The Maintenance Vehicles From The Sunset Harbor Neighborhood. (4:32 PM) Public Works Department Director Fred Beckmann presented the item. Commissioner Tobin questioned how many parking spaces were needed and why not utilize the parking garages that the City already operates. Public Works Department Director Fred Beckmann gave an overview of how many employees are in Public Works and Property Management, plus number of work vehicles and equipment utilized by city employees daily. Additional spaces are needed to accommodate shift changes. Commissioner Libbin stated he believes some of the City garages are underutilized, indicating that it would be cost effective for the City, have the employees park at the 42nd Street garage and bus the employees to their work location. Jose Smith City Attorney indicated that Legal will look into the matter to see the legal obligations the city has towards the employees. Mr. Luria spoke. Commissioner Libbin made a motion to direct administration to explore the utilization of vacant spaces in the 41st I Sheridan Avenue garage and 5th Street garage to our greatest advantages for our City vehicles, seconded by Commissioner Exposito ACTION: The committee (Commissioner Tobin, Exposito and Libbin present) referred the item to the next Commission Meeting, with a plan of utilization of vacant parking spaces at the Sheridan street garage and the 5th street garage. 10. Discussion Regarding Amending Procedures For Appeals To The Special Master For Certain Frequent Code Enforcement Violations. (6:00 PM) ACTION: Item was deferred to the March NCAC meeting. THE MEETING ADJOURNED AT 6:00 PM. /jen 106 liP 107 ........ 1.1.1 1.1.1 108 THIS PAGE INTENTIONALLY LEFT BLANK 109 tt. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager ;fA f March 13, 2013 SUBJECT: REPORT OF THE FEBRUARY 13, 2013 LAND USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on February 13, 2013. Members in attendance were Commissioners Gongora and Libbin. Mayor Bower and Commissioner Tobin, along with 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 3:10pm. 1. REDUCED PARKING RATES FOR HOTEL EMPLOYEES. (DEFERRED FROM THE JANUARY 23,2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON, OCTOBER 19,2011 CITY COMMISSION MEETING, ITEM C4K) AFTER-ACTION: DEFERRED 2. 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. (DEFERRED FROM THE JANUARY 23,2013 LUDC MEETING ORIGINALLY REFERRED BY COMMISSIONER JORGE R. EXPOSITO OCTOBER 19,2011 CITY COMMISSION MEETING, ITEM C4L) AFTER-ACTION: DEFERRED 3. REVIEW OF MIAMI BEACH LAND USE BOARDS TO IMPROVE THE CITY OF MIAMI BEACH BUILDING AND PLANNING DEPARTMENT PROCESSES. (CONTINUED FROM THE JANUARY 23, 2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA MARCH 21. 2012 CITY COMMISSION MEETING, ITEM C4M) AFTER-ACTION: DEFERRED Agenda Item CC:> C. Date 2-1 ~ -13 110 City Commission Memorandum Report of Land Use & Development Committee Meeting of February 13, 2013 Page 2 of5 4. DISCUSSION REGARDING FOOD TRUCKS ON PRIVATE PROPERTY. (DEFERRED FROM THE JANUARY 23,2013 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON SEPTEMBER 12,2012 CITY COMMISSION MEETING, ITEM C4K} AFTER-ACTION: Richard Lorber provided an overview of the item. Commissioner Gongora indicated general support for the concept, but believes there should be a minimum distance separation between food trucks and sidewalk cafes. Commissioner Wolfson suggested that food trucks only be permitted on licensed private parking lots (commercial lots) that are not located within 500 feet of a sidewalk cafe and are not abutting a residential district. MOTION: Wolfson/Gongora: (2-0) Direct staff to prep~£~ ~n Ordinance consistent with the discussion above, and bring back before the land Us!3 :Q9.~mittee. 5. DISCUSSION PERTAINING TO "SMARTER·::1 ~ATERl~J.:;S FOR NEXT GENERATION INFRASTRUCTURE," SUCH AS ELIMINATING THE:.•DISPOSAL OF TIRES IN GLOBAL LANDFILLS AND INCINER~rP~RS. .·· ... (DEFERRED FROM THE J@NDARY 23, 2013 LUO<::;;MEETING ORIGINALLY REFERRED BY CS,~JIIIISSIONE~ MICHAEilt~pNGORA DECEMBER 12, 2012 CITY COMM,ISSION,;I\IIE,ETING, ITEI\II~C4M} AFTER-ACTION: DEFERRED 6. DISCUSSION REGARDING AN AMENQMENT~ ·t~. THE LAND DEVELOPMENT REGULATIONS THAT WILL CREATE PR~IDECTION¥~ROM TOTAL DEMOLITION OF ARCHITECTU~t:LY SIGNIFICANT SIN(il£~:; ~~MIL y:'•!ioMES BUll T PRIOR TO 1942. . ........•. ·.· .......... · . . (REQUESfrEQ. BY MAYOR MATII\~EflRERA BOWER AND CITY COMMISSION DECEM~f:R 12, 20:12 CITY CQM!VIISSION MEETING, ITEM C4P} AFTEReAGili~N: . Richard.~orber(ntr9.duce•a;t.he item and explained the current single famiiY::t~sidentiai;.P,fOCess, i!"lcluding limits .. Qn ldt coverage, building size and other criteria, and,:tbe review by th~·lji).esign RE:lview Board.· He explained how it would be possible to add additiQ.n.~J incentives for retention of architecturally significant pre-1942 homes, and additiona.H disincentives te the dem~lition of these homes. Members of the public spoke, including 'tercy Bienstock, Michael Larkin, Clotilda Luce, Carol Heusen, Ralph Choeff, Todd Glazer, Dani~I·Giraldo, Arth~r Marcus, Jo Manning, Nancy Liebman, and Kent Harrison Robbins. Mayog; .B,ower expl~ined that she referred this matter at the request of residents, and that Daniel Gi~aldo brought it to the City's attention, that he has a petition with many signatures. The ·h~!ii.Se~ that are being proposed are not compatible with the neighborhoods. We are ·losing beautiful historic homes. Commissioner Wolfson indicated that he does not support involuntany designation of homes. He noted that the earlier ordinances that the City passed were compromises, since there was not a strong consensus for historic preservation of single family districts. Commissioner Libbin expressed support for the approach of incentives, rather than much disincentives (although we should look at the ORB ability to permit 70% unit size). Commissioner Gongora is in favor with proposed incentives, rather than disincentives. Commissioner Tobin agreed that there are neighborhoods whose character is being changed by a small number of homes, and he believes that the City needs to do something. He would consider some disincentives as well as incentives. Commissioner Libbin explained that he would want to see something that discouraged speculation. 111 City Commission Memorandum Report of Land Use & Development Committee Meeting of February 13, 2013 Page 3 of5 MOTION: Libbin/Gongora: {3-0) Direct staff to come up with as many creative positive incentives that we can propose to encourage people to keep architecturally significant older homes. 7. 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 COMMISSION JONAH WOLFSON JANUARY 16,2013, CITY COMMISSION ~E~TING, ITEM C41) AFTER-ACTION: Commissioner Wolfson discussedthl~<~roposal for a charter amendment. He described that he would favor a charter amendn:t~fuf,zt~~t,required a vote of the citizens to approve any amendment that would restrict p'r:qperty rights. Commissioner Gongora explained his concern that if the charter am~f!.dment doesn'f,~~~s. then what would be the resulting effect, would we be required to .~@~in designationsg' ,Kent Harrison Robbins, Charlie Urstadt, Daniel Ciraldo, Arthur Ma(;qq~and Jeff Donnelly sp&ke. MOTION: CONTINUED 8. DISCUSSION REGARDING~~JJI,;~.l[~ICTED WA~~~20NES a) AN ORDINANCE AMENDING\:lHE''~CODE OF TI::IE>.CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENli,[LED ''~IYI~R.JNE S~Rl;.I~TURES, FACILITIES AND VEHICLES," B.Y:,MJIENDING ARifilCLE II, :JlO ·BE ENTJBJilz:ED "RESTRICTED WAKE ZONES," T~:,·iaREAll; REGUL.T1QrA$b;F6Rtz·~t;:STRICTED WAKE ZONES; PROVIDING·~FO~ A PURR~SE; PRo'Mfl~ING FOR\BEFINITIONS; PROVIDING FOR RESTRICTED AReAS; PROVIDING F.OB POSTING OF REGULATORY MARKERS; PROVIDING FOR; EXEMP{[IONS· ~ROVIDING FOR ENFORCEMENT AND '" " \'''\\'"""'"" ""'"''"""'''''"""'~""\\"''' '""'" ' """~" '""" PI;N~Ii~Oi;~; PROVIIll,IN~: FORJ~EPEAl::I;R, SEVERABILITY, CODIFICATION, AND AN<.•EFFECTI\(E..,DATE;"~IRST READING. . ... • • I • (DE'RE~RED RROM THE,,J~NlJARY 23, 2013 LUDC MEETING ORIGINALLY"REQUESTED BY CITY COMMISSION , .. :,~DECEMBER<~2. 2012 CI)IJX COMMISSION MEETING, ITEM R5F & R71) , ',S:,Oii\ ' , :,\' ,,, b) DISCUS!;)~~ ON ADDt,NG SURPRISE LAKE TO "NO WAKE ZONES" ON MIAMI BEACH. . · ·i~~~UE~'JlED BY COMMISSIONER EDWARD L. TOBIN FEBRl!J*R~>6i 2013 CITY COMMISSION MEETING, ITEM C4P . (VERBAL REPORT) AFTER-ACTION: Michael Larkin explained the State law regarding no-wake zones. Sgt. George of the Miami Beach Police Marine Patrol discussed the current situation. The City Attorney's Office informed the Committee that the City could not establish a "no-wake" zone in the Surprise Lake area as it did not meet the requirements prescribed by the State Statutes. MOTION: Wolfson/Gongora: (2-0) Move proposal "A" forward to the full Commission. 112 City Commission Memorandum Report of Land Use & Development Committee Meeting of February 13, 2013 Page 4 of5 9. DISCUSSION REGARDING THE DEVELOPMENT OF THE WEST LOTS BETWEEN 79TH STREET TO 87TH STREET AND COLLINS AVENUE. {REFERRED BY COMMISSIONER JERRY LIBBIN DECEMBER 12.2012, CITY COMMISSION MEETING, ITEM R9G) AFTER-ACTION: DEFERRED 10. DISCUSSION REGARDING DEVELOPMENT OF THE PARKING LOT BETWEEN 72N° AND 73Ro STREET AND COLLINS AVENUE. {REFERRED BY COMMISSIONER JERRY LIBBIN DECEMBER 12. 2012 CITY COMMISSION 1\/l~ETING ITEM R9F) AFTER-ACTION: DEFERRED ' ' ' ,'' 11. ZONING AND PLANNING INITIATI~ES FOR N~~~H BEACH INCLUDING ORDINANCE AMENDMENTS B.Q;B~; . PARKING h~,~!JUIREMENTS AND DEVELOPMENT REGULATIONS. . , {REFERRED BY COMMI.S.SIONER JERRY LIBBIN DECEMBER 12. 2012 CITY COMMi~SIO~:"'EETING, ITEM1:C41 #1) AFTER-ACTION: DEFERRED 12. APPLICATION OF PARKING !ii'MPACT~);!;EES To: :,SATISFY HOTEL PARKING REQUIREMEN,~S~JAl:J'J".~IDE OF HiSTORI~ ~~~li,;§t,~TS. ,' , \:,(REFER~ED BY CC)MMJS:§J.$NER~~ERRY LIBBIN DECEMBER 12. 20.:12 CITY C~~r,tiiSSION MEETING, ITEM C41 #3) AFTER-ACTION: DEEE.RRE.D ....... . '""•"0" ' ,' ' ~' ~ ,, "' '~ ' ' ' ' ' ' 131BISCUSSIO~'rd5GARDINGTHE CURRENT SIDEWALK CAFE ORDINANCE ' ,,,~,--~,,t~'"' ''' ,.,, ,, '' ' ' ' ' a) DIS~YSSION R~GARDING 'FHE LINCOLN ROAD UTILIZATION AREAS FOR SIDEWIH< CAFES. . '\l~I,:QUESTED>BY COMMISSIONER MICHAEL GONGORA J~UARY 16;.:2013 CITY COMMISSION MEETING, ITEM C4R) b) USE OF ELECf~ICtTY:BY SIDEWALK CAFES. {REQtJ,I:STED BY COMMISSIONER DEEDE WEITHORN JANUARY 16,2013 CITY COMMISSION MEETING, ITEM R9G) c) DISCUSSION REGARDING RESTAURANT SOLICITATION OF PEDESTRIANS ON CITY SIDEWALKS, PARTICULARLY OCEAN DRIVE AND LINCOLN ROAD. {REQUESTED BY CITY COMM ISSION JANUARY 16.2013 CITY COMMISSION MEETING, ITEM R9G REFER ALL CURRENT SIDEWALK CAFE MATTERS TO THE LAND USE AND DEVELOPMENT COMMITTEE. ORIGINALLY REFERRED TO NCAC DECEMBER 12,2012 CITY COMMISSION MEETING, ITEM C4H) 113 City Commission Memorandum Report of Land Use & Development Committee Meeting of February 13, 2013 Page 5 of5 AFTER-ACTION: Jorge Gomez introduced the item, explaining the various referrals that have been combined into this discussion, and going over the past history of the sidewalk cafe ordinance and its enforcement. Fred Beckmann explained that there is no restriction on the percentage of a block that may be devoted to sidewalk cafes, and there has been significant growth on some blocks of Lincoln Road. Stephen Scott discussed the Code Compliance efforts in enforcing the sidewalk cafe ordinance, noting that hundreds of warnings and citations have been given. He detailed several of the major recurring issues, including umbrellas, power usage, signage, and other unauthorized displays. Mayor Bower questioned why these violations are not made to be immediately removed, and staff explained that they are waiting for direction from the Commission. Richard Lorber detailed issues that have been raised by the Historic Preservation ~pard, other land use boards and Planning Department staff. The economics of sidewalk'¢-a,f~s and the differential between the sidewalk cafe fee and the rents being charged was discussed. Members of the public spoke, including Terry Bienstock, Marla Courtn~y, 'Da:Vic:l Wallack, Daniel Veitia, David Kelsey, Jo Manning, Arthur Marcus, Nancy Liebman, Chri.stine Florez, Frank DelVecchio, Jane Lasson, Ryan Grinler of Terranova Corporation, Carla Probus, William Cary, and Morris Sunshine. Commissioner Tobin dis.ci..lssed the issue ofthe hawkers, as well as fraudulent practices, and requested that the Committee support !lim in directing the Administration to focus enforcement on hawkers and fraud. Cc:>,I;Tlmissioner Wolfson expressed reluctance to step up enforcemeht.efforts. ·. Commissioner .Libbin felt that the signage issue was out of control. Mayor Bower\~sked.~questions about the sidewalk cafe approved areas, and how the areas were determii1ed and enforced. She indicated that she would be in favor of some type of overall restriction on the area to be allowed for sidewalk cafes. Commissioner Libbin discussed th~'''!back of the house" equipment and expressed that these installations must be removed; howey~r. this must done in a fair and equitable fashion. The Committe.e ... di.s.cussed the.~!ectricity,~J§§Wf?.,.and w~.ether they should be allowed to use the electricity, and whether they shOl,Jid;be• charged for its usage. MOTION: Libbin/Gongora: (~"'0) Direct the Administration to draft an ordinance which would str:ength~n the prohibition of hawkers at sidewalk cafes including increased fines. M0l!I0N: Libbin/Gongora: (3:.0) Direct the·Administration to advise the Committee on any sugge~ted changes totMe permitti9d signage for sidewalk cafes. MOTION: <•l;;ibbin/Gongora: (3-0) DireCt the Administration to advise the Committee on any suggested changes to the issue of electricity usage. MOTION: LibbihfGongora: (3-0) Direct the Administration to advise the Committee on any suggested changes to t.he :issue of sofas and banquettes. Attachment T:\AGENDA\2013\March 13\LUDC Meeting of February 13, 2013 afteraction.docx 114 NAME v ~:+~l 3. 4. 5. ~ LAND USE AND DEVELOPMENT COMMITTEE MEETING February 13, 2013 @ 3:00 pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER I I WISH TO RECEIVE THE AGENDA ELECTRONICALLY V"' / v v v ~ E-MAIL ADDRESS @ \l >11cr ... " t>,& ooJ Jcp. 1/'" ({ "tf,..; II Jft..( ~ rr?ak.JzA-@ ~ ~ 0) 21. 22. 23. 33. 34 35. 36. 37. 38. 9. 40. NAME M:\$CM6\CCUPDATE$\Laoo Use and LAND USE AND DEVELOPMENT COMMITTEE MEETING February 13, 2013@ 3:00pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER I I WISH TO RECEIVE THE liNK TO THE ELECTRONIC AGENDA Sheet2013.doox E-MAIL ADDRESS ~<::::> @...9£..-?..,y#"...:,.U. @ @ @ @ @ @ @ @ @ THIS PAGE INTENTIONALLY LEFT BLANK 117 (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMITTEE MEMORANDUM Mayor Matti H. Bower and Members of the City Commission Interim City Manager Kathie G. Brooks j(/1-~ . March 13, 2013 SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING ON JANUARY 24, 2013 The agenda is as follows: EMERGENCY ITEM 1. Discussion regarding the Convention Center Catering Invitation to Negotiate ACTION The Committee recommended that Acting Assistant City Manager Max Sklar write a Letter to Commission when the Invitation to Negotiate goes out and bring back to the Finance Committee in February or March. Acting Assistant City Manager Max Sklar presented this item. Acting Assistant City Manager Max Sklar began by stating the status of the Invitation to Negotiate (ITN) is in final review with legal. It is expected that the ITN will be issued tomorrow. Chairperson Deede Weithorn requested that a Letter to Commission (LTC) be issued. Acting Assistant City Manager Sklar stated that the due date of the ITN is approximately 30 days. The intent is to come to the March Commission meeting with a short list of individuals to approve and then the City can go into negotiations with the solicited firm. The new contract approved and signed would probably be in the June timeframe with inclusion of a transitional period if it's a new company. Commissioner Jerry Libbin asked what happens during the transitional period if the current company decides to leave. Acting Assistant City Manager Sklar stated there is a meeting with Centerplate next week to discuss this. Chairperson Weithorn stated she would prefer that the current Catering Company let them know ahead of time if they plan to exit before the transitional period has expired so that things can be planned accordingly. Commissioner Jorge Exposito stated his concern about the first quarter and second quarter being the busiest months and that maybe 118 Agenda ltem_C-._G.......:::Q;.__ Date__.3~-.:.....ol ?z:;.....-l;......,o3:;..__ they should consider starting the contracts on April 1st that will allow for a slow transitional period. Chairperson Weithorn stated that the service should be the main focus of the negotiations. The Committee recommended that Acting Assistant City Manager Max Sklar write a Letter to Commission when the Invitation to Negotiate goes out and bring back to the Finance Committee in February or March. 2. Discussion regarding the BMG Loan Program ACTION The members of the Finance and Citywide Projects Committee (FCWPC) recommended that the BMG Money Loans-At-Work program be extended on a month-month basis, with a discussion item to be referred to the FCWPC to explore what potential loan alternatives may be available. Commissioner Jerry Libbin moved the motion and it was second by Commissioner Exposito. Chairperson Deede Weithorn presented this item. Chairperson Deede Weithorn began by discussing the BMG Money Loans-At- Work program provides a voluntary payroll deduction loan program to employees through a non-traditional, unsecured loan to cover unexpected financial emergencies, with repayment provided through payroll deduction. This program was provided to employees on a one-year trial basis that ended on December 31, 2012. At the December 11, 2012 Commission Meeting, the Administration recommended the BMG Loans-At-Work program be extended for one month, from December 31, 2012 to January 31, 2013, giving the City Commission the opportunity to review the activity which occurred during the twelve month trial period and make their determination to either continue offering the program or terminate the program. The Administration further recommended that the item be referred to the Finance and Citywide Projects Committee for their recommendation either to continue the current program or to issue a request for Proposal, exploring what loan options may be available at lower interest rates. After their discussion, the City Commission agreed to discontinue the program effective December 31, 2012. Due to feedback provided to the City Commission members by employees and the Communication Workers of America (CWA) and Fraternal Order of Police (FOP), the item was referred to the FCWPC for discussion. Chairperson Weithorn and Commissioner Jorge Exposito repeated their initial concern over the interest rates charged, indicating that the interest costs were high. However, after discussion with representatives from the BMG Money Loans-At-Work Program highlighting that unlike credit cards, which compound interest and retire principal over many years, the BMG Money Loans-At-Work loans are structured much better for the borrower using simple, non- compounding interest charges on the loan, with payments that retire principal quickly for a maximum period of 2 years. 119 The members of the FCWPC recommended that the BMG Money Loans-At-Work program be extended on a month-month basis, with a discussion item to be referred to the FCWPC to explore what potential loan alternatives may be available. Commissioner Jerry Libbin moved the motion and it was second by Commissioner Exposito. OLD BUSINESS 1. Discussion regarding to consider a request for rent relief from Penn 17, LLC. regarding the retail space at the Pennsylvania Avenue parking garage ACTION The Committee recommended granting application of 1/3 of the existing security deposit towards the November 2012 back-due rent, an abatement of 50% of the base rent and Common Area Maintenance (CAM) due for the six (6) month period commencing January 13, 2013 through July 12, 2013, granting a deferral of fifty percent (50%) of the Base Rent and CAM for the six (6) month period, commencing July 13, 2013 through January 14, 2014 ("Deferral Period"), to be repaid by the Tenant in twenty four (24) equal monthly installments, commencing in the sixth year of the Lease Term and ending on the last day of the seventh year of the Lease Term and repayment of 1/3 of the security deposit to commence on January 2014 with release language absolving the City of any liability be brought to the Commission. Anna Parekh Real Estate, Housing & Community Development Director presented this item. Real Estate, Housing & Community Development Director Anna Parekh began the discussion by stating 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- month period and instead remitted a wire transfer for the outstanding October 2012 rent in exchange for the Committee's consideration of its request. 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 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. To date, rents for the month of November, December and half of January are outstanding that total $150,000. The tenant has requested the 3 month security deposit be applied to the rent. The FCWPC directed staff to negotiate terms for a rent deferral to present directly to the City Commission and to incorporate release language absolving the City of any liability with regards to any claims made by the Tenant concerning construction delays and/or issues concerning the relocation of the HVAC compressors as well as the kitchen exhaust venting. Per 120 these instructions, the following was recommended to the tenant: On January 2nd, Staff proposed the following rent payment plan: ~ November and December 2012 rent payments be deferred until year three of the lease; ~ Commencing on January 14, 2013 and through June 14, 2013, City will abate 50% of rents due. This results in a rent abatement equivalent to three full month's rent; ~ In the meantime, all outstanding sidewalk cafe fees, concurrency fees, and resort tax fees, will be due and payable by January 8, 2013; Tenant was informed that due dates for the initial payments were important because the January 161h City Commission agenda would be printed on January 9th and, in an effort to demonstrate good faith, the City should receive the outstanding sidewalk cafe, concurrency, and resort tax fees by January 8th. Tenant was further informed that the first 50% rent payment must be received timely on January 14th so that the City Commission can be informed on January 16th when the matter is discussed. On January 3rd, Tenant rejected the above-stated proposal, stated that it had shown good faith by paying October rent; and counter-proposed the following: ~ Reduce the security deposit by two months due to the major improvements made and the value it has contributed to the building, and in light of the high rent for the space; ~ As to concurrency fees, Tenant requested that amounts paid to date remain on account pending a revision of the concept; ~ As to the rent for 2013, the Tenant wished to pay 50% for 12 months however, "for the sake of finding a fast and manageable solution we will accept the following: o First 6 months at 50% and the balance is permanently abated; o Second 6 months are also billed at 50% but the balance gets paid over year 5-6 as rent additions, so the balance of 180K gets paid over 24 months, at approximately $7500 per month." After further negotiations, on January gth at 12:40pm, Staff proposed: ~ Applying fifty percent (50%) of the security deposit in the amount of $71,765 towards back-due rent amounts owed for November and December 2012, totaling $112,635; leaving a balance of $40,870 (Back Rent) to be repaid in six (6) equal monthly installments commencing on July 13, 2013 and ending on January 12, 2014; ~ Granting an abatement of fifty percent (50%) of the Base Rent and Common Area Maintenance (CAM) due for the six (6) month period commencing January 13, 2013 through July 12, 2013; ~ Reimbursement of that portion of the security deposit applied to the Back Rent in the amount of $71,765, to be repaid in twelve (12) equal monthly installments commencing in the fifth year of the Lease Term and ending on the last day of the fifth year of the Lease Term; ~ granting a deferral of fifty percent (50%) of the Base Rent and CAM for the six (6) month period, commencing July 13, 2013 through January 14, 2014 ("Deferral Period"), to be repaid by the Tenant in twenty four (24) equal monthly installments, commencing in the sixth year of the Lease Term and ending on the last day of the seventh year of the Lease Term. 121 The tenant stated they could not start repaying anything until next year. Given the impasse on the negotiations, the Administration was unable to present a recommendation to the City Commission and instead is requesting further input and direction from the FCWPC as to the Tenant's counter position. Real Estate, Housing & Community Development Director Parekh made it clear that on January 18, 2013, Tenant hand-delivered two checks: one in the amount of $9,295.43 representing payment of the outstanding resort tax; and one in the amount of $30,003.20 representing 50% of the January rent plus sales tax. Chief Financial Officer Patricia Walker stated they do owe adjusted concurrency fees. Chairperson Deeded Weithorn stated that there was a 6 month due diligence period that the tenant was given to examine if there was any issues with the space. Therefore, the City's position is the tenant should have stated there was an issue with the placement of the air condition. Commissioner Jerry Libbin's concern is if the restaurant will make it even if they are given Rent Relief. City Attorney Jose Smith stated that the lease provides for a default provision. Since they are already in default due to being late with the rent, the next step on the City's behalf does not have to be negotiations, but the option to go to Circuit Court for eviction proceedings unless the tenant cures what is owed. Cooper Avenue Partner Amir Ben-Zion specified that they hired KVC for placement of the air conditioner, but one month rent relief will not work. Commissioner Exposito stated as he understands it, Cooper Avenue hired KVC and trusted their judgment so therefore, Cooper Avenue assumes the responsibility based on their clients recommendations. He then added that what seems reasonable is to offer abatement for 4 or 6 months and to have at least 2 months security deposit. Real Estate, Housing & Community Development Director Parekh explained that the new proposal is granting application of 1/3 of the existing security deposit towards the November 2012 back-due rent, an abatement of 50% of the base rent and Common Area Maintenance (CAM) due for the six (6) month period commencing January 13, 2013 through July 12, 2013, granting a deferral of fifty percent (50%) of the Base Rent and CAM for the six (6) month period, commencing July 13, 2013 through January 12, 2014 ("Deferral Period"), to be repaid by the Tenant in twenty four (24) equal monthly installments, commencing in the sixth year of the Lease Term and ending on the last day of the seventh year of the Lease Term and repayment of 1/3 of the security deposit to commence on January 2014 with release language absolving the City of any liability. Commissioner Exposito and Chairperson Weithorn voted yes and Commissioner Libbin voted no. NEW BUSINESS 2. Discussion regarding a recommendation by the GLBT Committee to address the issue of benefits tax inequality for City Employees with registered domestic partners versus legally married spouses ACTION 122 Item Deferred. 3. a. Discussion regarding water and sewer deposits; implementing rules and regulations and applications of rules similar to Miami-Dade Water and Sewer Department b. Discussion regarding consideration of new policy establishing criteria for the reimbursement of guarantee deposits for those customers who have established a positive payment history on their water bill c. Discussion regarding the creation of procedures to provide a 24 to 48 hour notification to homeowners prior to water being shut off due to non-payment ACTION The Committee recommended that interest be paid on deposits, to keep commercial accounts with the requirement of a 3 month deposit that is not returned until the property is sold and accept the proposal for payment Arrangements over a 5 year period whether the property is residential or commercial. Chief Financial Officer Patricia Walker presented this item. At the October 24, 2012 City of Miami Beach Commission meeting, two discussion items regarding customer deposits and the implementation of rules and regulations for utility accounts were referred to the Finance and Citywide Projects Committee (F&CWPC) for discussion. Chief Financial Officer Patricia Walker began the discussions with item A and B, explaining the proposal of utility billing deposits and payment plans. Both referrals requested staff review current procedures for deposits and explore deposit policies by other entities such as Miami-Dade County Water and Sewer Department. Currently, the City Code requires UTB customers to have a cash deposit of up to four times the amount of any previous monthly bill. The City's current practice is to request a deposit equivalent to three months of average service. Per the City Code, this deposit is held until such time as the account holder services are discontinued. At that point, the guarantee of payment deposit shall be refunded less outstanding charges for service. No interest is paid on the deposit. Administration has surveyed neighboring communities and utility companies for a comparison of deposit practices and policies. The proposal for residential and condominiums is to request a two month deposit instead of three months, offer the interest rate that the City currently earns on its money that will be credited to the account annually and credit the deposit to the account after 24 months of timely payments. Commissioner Jerry Libbin asked what happens if the 123 customer becomes delinquent after the deposit has been credited to their account. Chief Financial Officer Walker stated the customer would then be requested to implement a new deposit. Chairperson Deede Weithorn asked what happens if the customer becomes delinquent within the 24 months. Chief Financial Officer Walker stated their 24 months would start over because they have to have 24 months of continuance good standing. Chief Financial Officer Walker stated that the proposal for commercial and apartment buildings are dealt with differently because tenants have to be notified. The proposal is to request a three month deposit, offer the interest rate that the City currently earns on its money that will be credited to the account annually and to keep the deposit until the account is closed. Commercial accounts are substantial and require that we keep a deposit on file just in case an account isn't paid. These are large businesses that have to be administered prudently. Chief Financial Officer Walker further stated that over the course of the last few years, the Finance and Citywide Projects Committee and City Commission have endorsed various initiatives to assist residents and businesses with their utility accounts. Some of these initiatives included: • Condominium Association Assistance Program: provided for payment arrangements to those associations that are currently past due on their utility bills and can document that at least 15% of their units are in foreclosure. • Utility Bill Due Dates: increased the days allowed for payment of a utility bill from 15 to 21 days, to be consistent with other utility companies. • Utility Bill Late Penalties: removed the one-time 10% penalty on the current portion of a utility bill and adopted a recurring monthly charge of 1.5% on any portion of the account balance that is past due. Chief Financial Officer Walker then discussed the process for utility billing collections and shut-off procedures. The City reviews utility billing accounts on a monthly basis. Bills are generated and mailed within one week after the read date. This is done after service orders are created for re-reads for extraordinary high or low reads. Utility customers are billed on a monthly basis and have twenty-one (21) days to make payment for a utility invoice. Listed below is a summary outline of the procedures for collections and shut-offs: • If not paid within twenty-one (21) days a 1.5% penalty is added to the past due balance on the account and a courtesy "late notice" is generated and sent to the customer. The account is then "past due" which allows for an additional seven (7) days to pay otherwise service will be subject to disconnection. • If the past due balances are still not paid and no payment arrangement has been made: 124 o Residential/commercial service is cut for all water monies owed. This includes all past due funds with any additional billings that have been generated (current billing). • If no payments are made and no calls have been received to make payment arrangements, service is scheduled to be cut. • Once the account is scheduled to be cut, the customer will receive a phone call (placed to the account's main contact number) before the scheduled cut. The phone call outlines the date the account is scheduled to be cut (48 hours) and the process as to how to resolve the issue. The phone call also includes the final day/time payment can be received (24 hours) to prevent the cut order from being executed. • Service cuts are performed on Tuesday, Wednesday, and Thursday, based on Public Works staff availability. • If the utility account is paid, or a payment arrangement is made, on the day of the service cut, the account will be reconnected the same day if the payment/arrangement is made before 3pm. A $40 disconnect/reconnect charged is billed to the customer. • If the utility account is paid, or a payment arrangement is made, on the day of the service cut, after 3:00 PM, the service will be reconnected the next business day. • If customer wants service reconnected after normal working hours, the Public Works Department is contacted in order to verify there are available personnel to reinstall service. If staff is available for an afterhours turn-on, a $50 afterhours charge is billed to the customer. • For those customers that have had their utility service cut and no payment has been made, a service order is created to verify that the service is still off and no tampering/illegal use has occurred. If an illegal connection has been made, the Public Works Department will remove the meter and a Lien letter is sent to the customer. A $100 tampering/illegal use fee is charged to the account. For a second offense a $200 fee is imposed and $300 fee for a third violation. • If the service has been disconnected and no payment arrangements have been made, a thirty (30) day "lien letter" is sent to the property owner. If after thirty (30) days no response or payment is made, the Lien is then sent to Miami-Dade County to be officially recorded. Chairperson Deede Weithorn asked if the City of Miami Beach is in line with other municipalities in not returning the commercial account deposits. Chief Financial Officer Walker stated that we are. A motion to pass the interest rate paid on deposits was made by Commissioner Jorge Exposito and second by Commissioner Jerry Libbin with the motion passing. Resident Scott Needelman raised his concern on the 3 months deposit being required on commercial properties and the interest. Chief Financial Officer Walker stated that these 125 amounts were large and were necessary to keep as deposits. In reference to the interest earned, she stated it would it would be the interest amount the City earned on the deposits. Another motion was made by Commissioner Exposito to keep the Commercial accounts with the requirement of a 3 month deposit that is not returned until the property is sold. The motion was second by Commissioner Libbin and passed. Chief Financial Officer Walker proceeded with discussing the payment plan policy. Payment arrangements are offered to customers that cannot make full payments on their utility accounts in an effort to avoid turn-offs and bring the account back into current status. Plans are offered to all types of accounts: residential, commercial, apartments and condominiums. The initial two week extension requires $0.00 initially and a total balance due at the end of the 2nd week. The 2nd two week extension requires a payment of 50% of the outstanding balance with the total balance due at the end of the 2nd week. If a payment extension is entered into, subsequent bills must be paid by due date. NSF/returned items are not eligible for payment extensions and if a payment extension is broken, there are no further extensions offered. Chief Financial Officer Walker continued by explaining the proposal for payment agreements as follows: • 1st Time Shut-Off: 30% balance due for reconnection, 35% balance due month two and 35% balance due month three • 2nd Time Shut-Off: 50% balance due for reconnection and 50% balance due next billing due date • 3rd Time Shut-Off: 75% balance due for reconnection and 25% balance due next billing due date • 4th Time Shut-Off: Apply Deposit, 100% balance due for reconnection, new three month deposit due that's billed over three months for residential or commercial Commissioner Exposito made a motion to accept the proposal for payment agreements as stated within a 5 year period whether the property is residential or commercial. The motion was second by Commissioner Libbin and passed. 4. Discussion regarding: Business Tax Receipt renewal notices; How we handle over charges; Reasons for miscalculations; and corrective action plan ACTION Monitor this item and bring it back before the Committee in November to see how it worked. Chief Financial Officer Patricia Walker presented this item. At the October 24, 2012 City of Miami Beach Commission meeting, an item regarding Business Tax Receipts (BTR) was referred to the Finance and 126 Citywide Projects Committee (F&CWPC) for discussion by Commissioner Jorge Exposito and Chairperson Deede Weithorn. Chief Financial Officer Patricia Walker explained Business Tax Receipts (BTRs) are issued annually in accordance with Florida Statutes Chapter 205, as well as locally governed by Article V, Section 102 of the Code of the City of Miami Beach. Chapter 205 states that BTRs are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year. Chief Financial Officer Walker stated that of the 7,100 renewal notices processed, 52 individual notices were identified as having a miscalculation as a result of a permanent bug in the EDEN Licensing Module, the City's BTR software. The 52 businesses are apartment buildings with some transient use which are charged a tax for their apartment use, but in addition are also billed a line item for their approved hotel rooms within their building. These businesses were charged the correct tax for their apartment category, but also inadvertently billed a hotel category tax of $244.00. This is because the City's current software is automatically programmed to bill the hotel tax category for any business having hotel rooms. Revenue Manager Manny Marquez stated that due to this database problem, they have had to manually adjust these 52 BTR's annually. Chief Financial Officer Patricia Walker stated the Eden System has not been able to correct this calculation error; however, this calculation bug will be remedied with the implementation of the new ACCELA Automation Licensing module. All renewals for FY 2013/14 will be processed in this new system. Chairperson Weithorn stated that we should monitor this issue and bring it back before the Committee in November to see how it worked. 5. Discussion regarding Police Athletic League (PAL) Lease ACTION The Committee recommended going ahead and negotiating the current amount of the lease and bringing it back to the Finance Committee along with a list of measurable that are provided to the Community. Commissioner Exposito requested a Letter to Commission detailing dollar surcharge be brought back to the budget meeting. Acting Assistant City Manager Max Sklar presented this item. Acting Assistant City Manager Max Sklar began by stating Resolution No. 73- 13924 authorized a five year lease agreement between PAL and the City on 02/21/73 for the use of a parcel of land on Flamingo Park for the benefit of the youth of the community and to enable our youth to participate in healthful sport and recreational activity. The Lease agreement's terms were extended with the adoption of Resolution No. 77-15471 and then again until 06/30/96 with the 127 passage of Resolution No. 93-20868. Next, it was extended for a five year period ending 06/30/01 through the passage of Resolution No. 96-21987. The Lease provides for shared use of the PAL facility between the City's Parks and Recreation Department and PAL. Resolution No. 96-21987 requires PAL to maintain the facility and pay all utilities throughout the term of the lease agreement. Meanwhile, section 2 of PAL's corresponding lease agreement states "Lessor {City} agrees to pay for all utilities used within the premises including, but not limited to, electric, water, gas, telephone and garbage disposal. "In reality, the City pays the water and sewer charges, while PAL pays the electric and telephone charges. However, the City's use of the facility is significant and PAL believes that they should not bear the responsibility for the share of these costs as there is no requirement in the lease to provide space to the City free of charge. The main issue is the controls of the air condition that's increases the charge. The main issue is the air condition that has increased the electric cost at the building. The City of Miami Beach has agreed on a one-time payment of $50,000 to assist with previous utility bills associated with the property. At the time, this payment was with the understanding the Police Athletic League may utilize an Off-Duty Police Surcharge Fund created to assist the Police Athletic League for whatever portion of future utility bills the Police Athletic League determines is necessary. The terms were followed until the FY 2010/11 budget process, at the direction of the City Commission, payment of the surcharge to PAL ceased. It is estimated that the annual cost of the utilities (electric, telephone, cable & water) for the PAL building is as follows: > Electric-FPL-(11/1/10 -11-29-12) $54,263.60/$2,170.54 monthly/ $1,085.27 Each > Cable -Broad Band (11/1/1 0 -9/24/12) $1,138.96/ $51.77 monthly/ $25.88 Each > Water-(Domestic & Irrigation) Average monthly $401.81/ $200.91 Each > Telephone-AT&T (11/1/10 -9/24/12) $5,462.71/ $248.30 monthly/ $124.15 Each Based on the above information it is estimated that the cost shared expense for the City and the PAL if divided equally would be approximately $1 ,436.21 monthly or $17,234.52 annually. Please note that the City currently pays the costs for Water usage (Domestic & Irrigation), PAL pays for all other utilities. Miami Beach Police Officer Michael Gruen stated the main reason there's an increase in costs due to the air conditioning since Ameresco has had control since October 2011 of turning the system on and off. This creates an issue of huge increases with the temperatures indoors being too cold, especially for the kids at the daycare. Commissioner Jorge Exposito requested a Letter to Commission detailing the dollar surcharge be brought back at the budget meeting. Chairperson Deede Weithorn stated there's not a problem paying a fair share of the utilities and to go ahead and negotiate the figures that can be brought back to the Finance Committee with the lease and measureables that can be provided to the community. 128 6. Discussion regarding the Jewish Community Center's request for reimbursement, in the amount of $241,000, for the costs associated with reconstructing the seawall along the City-Owned property located at 4221 Pine Tree Drive ACTION The Committee recommended to discuss putting the $241,000 payment for the Seawall into the upcoming budget development process and spread the payments over one or two years. Anna Parekh Real Estate, Housing & Community Development Director presented this item. Real Estate, Housing & Community Development Director Anna Parekh stated on June 3, 1981, the City first leased to the Jewish Community Centers of South Florida (JCC), City property located at 4221 Pine Tree Drive. The purpose of the lease was to allow the JCC to use the City's property for construction of a community-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. On July 12, 2000, the Mayor and City Commission approved an Amended and Restated/Consolidated Lease Agreement that included a provision to extend the term for 99 years to 2099. 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. 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. 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. Interim City Manager Kathie G. Brooks added they looked into FIND Funding to see if the project would be eligible for that, but since it's already in construction, it cannot be retroactively applied. It can be included for prioritization in the budget process that comes up for the next fiscal year. Jewish Community Center Board member Russell Galbot stated they would be willing to do the repayment during a two year period. Chairperson Deede Weithorn asked the Committee if they wanted to budget this item over one or two years. Interim City Manager Brooks stated they might want to look at everything to see what you're dealing with during the budget process. Commissioner Jerry Libbin made a motion to discuss putting the $241,000 payment for the Seawall into the upcoming budget development process and spreading the payment over one or two years. Commissioner Jorge Exposito second the motion and it was passed. 129 7. Discussion of a lease amendment with Damian J. Gallo & Associates (D/B/A Permit Doctor) ACTION The Committee recommended allowing Damian J. Gallo subject to regulatory approvals, to use the leased premises as requested for the dual purpose and additionally negotiate with legal to use the outside space. Anna Parekh Real Estate, Housing & Community Development Director presented this item. Real Estate, Housing & Community Development Director Anna Parekh stated on July 30, 2003, the Mayor and City Commission passed Resolution No. 2003- 25298 approving a Lease Agreement between the City and the Miami Beach Federal Credit Union for the use of approximately 1,350 square feet of City- owned property, located at 1701 Meridian Avenue, Unit 4 (a/k/a 775 1 ih Street), Miami Beach, Florida for use as a federal credit union. On January 11, 2006, the Mayor and City Commission passed Resolution No. 2006-26087 approving Consent to Assignment and First Amendment to Lease Agreement whereby the Miami Beach Federal Credit Union assigned its lease to the Dade County Federal Credit Union. On May 13, 2009, the Mayor and City Commission passed Resolution No. 2009-27071, approving a Consent to Assignment and Assumption of Lease Agreement whereby the Dade County Federal Credit Union assigned its lease to Damian J. Gallo & Associates, Inc. d/b/a Permit Doctor and certain terms and conditions of the Lease Agreement were modified, including correcting the square footage of the Demised Premises which is 1,269 square feet of ground floor retail space (not 1,350 square feet). The lease automatically renewed on February 1, 2011 and expires on January 30, 2016, with no additional renewal options. The Tenant has requested permission from the City to expand the use of the Demised Premises to include a cafe in approximately the eastern 2/3 portion of space, to be separated by partition walls from the space which Tenant will continue to operate its plan and permit processing services (d/b/a Permit Doctor). Furthermore, Tenant has requested to use the outdoor walkway, immediately outside and to the east of the Premises (perpendicular to the 17 1h Street sidewalk), as an outdoor eating area, containing four tables/umbrellas and eight chairs, including consideration for patrons requiring ADA accessibility. The Permit Doctor space and the cafe would each have their own entrances as well as exterior signage. The use of the outdoor area in the City Hall complex is new but is comparable to other outdoor concession/lease agreements with the City such as Smith & Wollensky, Syanna, LLC and Miami Beach Film Society. Interim City Manager Kathie G. Brooks suggested discussing the change of use and outdoor space separately because this would be the first time this is being done. Commissioner Jerry Libbin stated he doesn't have an issue with the change of use, but he prefers there not be outside seating in front of City Hall. Chairperson Deede Weithorn stated her concern of blocking the walk way to the garage. Commissioner Jorge Exposito had an issue with the rental rate per square feet after the triple net cost has been removed to determine if it's the 130 appropriate utilization of the space. Real Estate, Housing & Community Development Director Parekh stated the tenant did ask if the City would be willing to cancel the current lease and start a new 10 year lease. The tenant mix has changed over time with the use of the commercial spaces in this building. Chairperson Weithorn got clarification that the business will be more of a cafe than a restaurant. Acting Assistant City Manager Max Sklar explained to the tenant that Commissioners are comfortable with the use being amended, but they are not comfortable with the outdoor seating. Permit Doctor Owner Damian J. Gallo explained that where he would be placing table and chairs is a sidewalk that ends. It is not an actual walkway into the garage that individuals walk thru. They would like to do 4 tables and 4-8 chairs to enhance the exposure of the new business. Commissioner Jerry Libbin stated if they can put in the lease a revocable clause as it pertains to sidewalk tables and chairs, then he would allow it. Commissioner Exposito stated he feels it should be a separate lease for each business. Assistant City Manager Jorge Gomez added that there's no guarantee that the change of use would be approved. Commissioner Exposito made a motion for administration to explore the details of what needs to be included in the lease, that the regulatory requirements are met and that a new lease is instituted separate from the Permit Doctor Lease. Commissioner Jerry Libbin made a motion to allow him subject to regulatory approvals at every level, to use the leased premises as requested for the dual purpose and additionally negotiate with legal to use the outside space. Commissioner Weithorn seconded the motion and Commissioner Exposito voted no. 8. Discussion regarding developing parameters for the Gun Buyback Program ACTION The Committee recommended funding the $10,000 for the City of Miami Beach Gun Buy-Back program to be held in March. Commissioner Jerry Libbin presented the item. Commissioner Jerry Libbin began the discussion by stating this item was referred at the January 16, 2013 Commission Meeting were the Commission appropriated $10,000 from the Law Enforcement Trust Fund, subject to review from the Finance and Citywide Projects Committee whose direction was to maximize the use of the sponsorship funding. Police Chief Raymond Martinez went on to explain in an effort to assess the feasibility of implementing a Community Gun Buy-Back Program, the Miami Beach Police Department has researched local and nationwide police agency gun buy-back programs. The following are recommendations as to how the City should implement a similar program. The intent of this program is to get guns off the streets by exchanging firearms for financial incentives which can be provided in the form of gift cards, cash or 131 some combination thereof. The Miami Beach Police Department will have full control and responsibility for the administration of this program. The funding for these types of programs is established through government funding (state and/or local}, private donations, or a combination of both. Proposed funding for this program will come from State confiscated funds in the Law Enforcement Trust Fund which is statutorily permitted under Florida Chapter 932. In order to encourage community participation, a public information campaign utilizing print and electronic media must be established. The City of Miami has already started their Gun Buy-Back programs and that is being used as a parameter to the amount of people the City of Miami Beach is expecting which will probably be less than initially estimated. The gun buy-back would need to take place at a City facility, such as the Miami Beach Convention Center, which could accommodate a number of participants and provide adequate parking that allows for the logistics required in receiving the firearms. The MBPD is suggesting that this program be held in March 2013. Police Chief Martinez added that similar to other programs, a process will be established to manage the in-take of the firearms, ensure their security and place a value on the major types of firearms such as revolvers, semi-automatic handguns, rifles and assault rifles. It will be the policy of the program that participants are not required to give their name or address to exchange the firearms or explain the circumstances as to how they came in to possession of the firearm. As part of MBPD's due diligence, similar programs at the following jurisdictions have been reviewed: Los Angeles, CA; Camden, NJ; Oakland, CA; San Francisco, CA; Seattle, WA; New York, NY; Opa Locka, FL; and Miami- Dade County, FL. Gun buy-back programs take guns off the street that could have otherwise been used to commit a crime or injure someone accidentally. The success of gun buy-back programs is often quantified by the number of firearms taken off the streets. Commissioner Jorge Exposito asked what happens if there's a successful turn out and the $10,000 runs out. Police Chief Martinez responded that he doesn't believe that will be the situation in light of the City of Miami doing their program and other communities doing there's based on the response they received in a 4 hour block. The initial calculation was based on receiving about 150 guns, but those are not figures that have been reached by the other municipalities that in theory would have more guns then the City of Miami Beach. If it does become an issue, then the commander would have to make an administrative decision to shut it down early or present a voucher to come back and receive the funding. Interim City Manager Kathie G. Brooks asked for clarification on the request if sponsorships were still needed. Commissioner Libbin responded that if there's enough time, we should ask the neighboring business in the community to donate gift cards which will also decrease the funds that are spent from the $10,000 that has been allocated. Police Chief Martinez went on to explain that based on the experience of other agencies, we expect that a single event may yield approximately 50 to 75 firearms, with a value of $50-$300 depending on the type of firearm. As a result, it is recommended that $10,000 be set aside for City of Miami Beach Gun-Buy- Back program to cover all contingencies. 132 The Committee recommended funding the $10,000 for the City of Miami Beach Gun Buy-Back program to be held in March. 9. Discussion regarding the Lease for the Miami-Dade Gay and Lesbian Chamber of Commerce Foundation located at Historic City Hall at 1130 Washington Avenue ACTION The Committee directed administration to provide a list of all the non- profits with an outline of what they pay and any measureables that are required and to reduce the rent for MDGLCC from $4,360 monthly to $2,500 monthly, representing a reduction in rent from $20.57/sf to $11.80/sf. Anna Parekh Real Estate, Housing & Community Development Director presented this item. Real Estate, Housing & Community Development Director Anna Parekh began the discussion by stating On March 10, 2010, the Mayor and City Commission passed Resolution No. 2010-27354, approving a Lease Agreement between the City and MDGLCC Foundation, Inc. ("MDGLCC" or Tenant) for the use of approximately 2,543 square feet of City-owned property, located at 1130 Washington Avenue, 1st Floor North, Miami Beach, Florida ("Leased Premises"); said Lease having a term of three (3) years, commencing on April 1, 2010, and ending on March 31, 2013, with two (2) additional three (3) year renewal terms. MDGLCC currently pays annual rent in the amount of $52,320 ($20.57 per square foot) payable in monthly installments of $4,360. Said monthly amount consists of $2,065 for base rent ($9.74 per square foot}, $1,950 for operating expenses ($9.20 per square foot) and $345 for insurance ($1.63 per square foot). The current Lease term ends on March 31, 2013, but has two additional three (3) year renewal terms. MDGLCC advised the City they had been communicating directly with Duane Knecht, former Director of Property Management, regarding various maintenance and repair issues related to their office and the building, mainly an infestation problem. The Tenant has expressed a need for a rent reduction in order to offset the cost of hiring additional staff, increase its hours of operation, and broaden its advertising. The Tenant also requested a new ten (1 0) year lease. MDGLCC requested that its rent be reduced to $30,000 annually ($11.80 per square foot) payable in monthly installments of $2,500. The other ground floor tenant (Miami Beach Cinematheque) pays $9.20 per square foot for operating expenses and $1.63 per square foot for insurance, for a total of $10.83 per square foot. Commissioner Jerry Libbin asked are all non-profits using City facilities within the same range per square feet for rent and CAM per their leases. Chairperson Weithorn stated it appears the $10.83 that the tenant is paying seems to be in line with what the other non-profits are paying. Commissioner Exposito stated they need to establish parameters so that all non-profits are on the same page regarding CAM and rent. Commissioner Jerry Libbin requested a list of all the 133 non-profits within the City and a list of what they are paying. Real Estate, Housing & Community Development Director Parekh added that they have sent an extermination company that's checking the entire building regarding the infestation. Commissioner Jorge Exposito made a motion to the Committee directed administration to provide a list of all the non-profits with an outline of what they pay and any measureables that are required and to reduce the rent for MDGLCC from $4,360 monthly to $2,500 monthly, representing a reduction in rent from $20.57/sf to $11.80/sf. The motion was second by Jerry Libbin and passed. 134 THIS PAGE INTENTIONALLY LEFT BLANK 135 <9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: FROM: Mayor Matti H. Bower and Members of the City Commission Interim City Manager Kathie G. Brooks /A/__.. March 13, 2013 / ~· , DATE: SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING ON FEBRUARY 20, 2013 The agenda is as follows: OLD BUSINESS 1. Discussion regarding the Issuance of Request for Proposals (RFP) for Catering and Concession services for the Miami Beach Convention Center. ACTION The Committee recommended moving forward with alternative 4 to continue working with Centerplate thru June to allow the City enough time to complete the ITN. Commissioner Libbin voiced his concern about the tight timeline. Acting Assistant City Manager Max Sklar presented this item. Acting Assistant City Manager Max Sklar began by stating on September 6, 2006, the City adopted Resolution No. 2006-26316, accepting the proposal submitted by Centerplate to provide exclusive catering and food and beverage services at the Convention Center. The current Agreement commenced on March 1, 2007, and expired on September 30, 2012. The Invitation to Negotiate for Food and Beverage Services for the Miami Beach Convention Center was issued on February 5, 2013. The Administration expects to have a recommendation ready for the April 17, 2013 City Commission meeting and a negotiated contract ready for approval for the June 5, 2013 City Commission meeting. On December 20, 2012, Centerplate, the City's food and beverage concessionaire for the Miami Beach Convention Center, noticed the City that, as of March 31, 2013, it will no longer provide these services at the Convention Center. Centerplate advised the City that if the Agreement were mutually Agenda Item C bE. Date 3'13-13 136 extended past March 31, 2013, Centerplate would require a fixed management fee contract structure. The Administration advised Centerplate that this new request was not only a substantive change from the terms of the current Concession Agreement, but was neither brought up, nor authorized by the City Commission, on September 12, 2012, when the Commission approved the extension of Centerplate's contract. As a result, Centerplate sent the City a letter. The Administration immediately began working on a transition plan in conjunction with Global Spectrum to ensure food service is not interrupted. The Administration also sent Centerplate a letter on December 28, 2012 acknowledging receipt of the termination notice and, as per the Agreement, outlining terms of the termination. Acting Assistant City Manager Sklar went to discuss the alternatives as a result of the ongoing discussions with Centerplate and Global Spectrum. 1. Alternative 1: Change Centerplate's agreement to a management fee based agreement where the City would be responsible to fund the food and beverage operation and assume responsibility for any profit or loss associated with the operation. Based on Centerplate's projections, which are attached as Exhibits 5 & 6, instead of projected commission revenue of $402,561, Centerplate projects the City would earn $140,000 (a projected loss of $262,553 in potential revenue) from April -September (6 months). This includes a $10,000 monthly management fee to Centerplate totaling $60,000 over 6 months. As previously stated, this is a slower time for the convention center and is more ideal to transition food service providers if that were to be the outcome of this process. 2. Alternative 2: At the request of the Finance and Citywide Projects Committee, the City also met with Centerplate to discuss extending the existing agreement through December 31, 2013 under the same terms and conditions. This is the simplest manner with which to ensure uninterrupted service to the clients of the convention center. Extending Centerplate's current agreement through December 31, 2013 would also mean delaying the start of the new contract that would be awarded as a result of the ITN which was issued February 5, 2013. Assuming Centerplate was the successful bidder and recommended to receive the contract resulting from the ITN, transition and selection of a new contract start date would be relatively easy. However, if another company were selected for the new contract then the new contract could not begin prior to January 1, 2014. If this were the case transition would be critical as a new operator would begin during the start of peak business at the Convention Center. 3. Alternative 3: Once the City was noticed by Centerplate on December 20, 2013 that they exercised their right to terminate the Agreement as of March 31, 2013, the City began working with Global Spectrum on a transition plan. Another alternative available is to bring food and beverage service in-house in partnership with Global Spectrum. Global Spectrum would create a food service department similar to other convention center departments such as event services or sales, 137 which would require the City to fund the food and beverage operation and assume responsibility for any profit or loss associated with the operation. As per the attached letter (Exhibit 7) from Global Spectrum, they would partner with their sister company Ovations to provide management support for the food service operation. Global Spectrum believes the convention center operation would gain efficiencies in sales, marketing, operations and finance that would yield savings in expenses and provide clients with a one-stop event services experience. The attached letter from Global Spectrum projects a net return to the convention center of $227,998 from April-September (6 months). 4. Alternative 4: Centerplate sent a letter yesterday desiring to resend their terminate notice and continue for another quarter thru June giving the City enough time to complete the ITN process. Mr. Bloomberg the Chair of the Convention Center Advisory Board stated that he had some concern about the accelerated process with alternative 4, but believed this was the best option. He also stated that the main concern is the master plan development of the Convention Center and they prefer to not negotiate both items at the same time. The Committee recommended moving forward with alternative 4 to continue working with Centerplate thru June to allow the City enough time to complete the ITN. Commissioner Libbin voiced his concern about the tight timeline. NEW BUSINESS 2. Discussion regarding g1vmg guidance to the IT Steering Committee to review the pros and cons of becoming a paperless environment and create new policies and procedures to be implemented within the City of Miami Beach ACTION The Committee assigned the item to Commissioner Jorge Exposito who will meet with the IT Steering Committee to further discuss how to phase the project and what would be the best plan of action and what would be the timeframe to implement. Chief Financial Officer Patricia Walker presented this item. Chairperson Weithorn suggested the best approach would be to move forward going paperless from this point and eventually over time you would become fully paperless. Chief Financial Officer Patricia Walker stated that an inventory of all manual systems would need to be done. The Committee assigned the item to Commissioner Jorge Exposito who will meet with the IT Steering Committee to further discuss how to phase the project and what would be the best plan of action and what would be the timeframe to implement. 138 3. Discussion regarding renewal of the Professional Services Agreement between the City of Miami Beach and the Superlative Group for professional services in corporate sponsorship marketing pursuant to request for proposals No. 06-04/05 ACTION The Committee recommended continuing the agreement with Superlative for one year and for Superlative to negotiate with staff on the 45% Commission being charged on license agreements. Acting Assistant City Manager Max Sklar presented this item. Acting Assistant City Manager Max Sklar began by stating the current Agreement with Superlative Group has recently expired. The City has the ability to extend the Agreement for two (2) additional one (1) year renewal terms, upon the same terms and conditions at the City Manager's sole option and discretion. The City has had this agreement for years with the first phase being the assessment of all of the Cities assets and the second phase being the Coca Cola agreement the City is currently in. Commissioner Jorge Exposito stated it's important to provide both the value to the City and what the City has to provide when presenting ideas. Acting Assistant City Manager Sklar added the Agreement entitles the Consultant to receive a commission based upon a percentage of total gross revenues to the City (GR) generated by Sponsorship Agreements obtained by Consultant. The commission structure shall be as follows: (i) 15% commission on $0-250,000 in GR to City; (ii) 12% commission on $250,001 -500,000 in GR to City; (iii) 10% commission on $500,001 -1,000,000 in GR to City; (iv) 6% commission on $1 ,000,000+ in GR to City; And, additionally, (v) 7% commission on renewals (percentage of GR for first renewal only); (vi) 45% commission on licensing agreements (to include monitoring); and (vii) 10% commission on budgeted cost avoidance measures, as defined in Section 3.1.6. Commissioner Jerry Libbin stated that his understanding from the previous meeting was that 45% commission was too much and that the fee should be renegotiated. Chairperson Deeded Weithorn stated the agreements should not be more than a year at a time. Superlative Representative Kyle Kantor stated they are working with utility service providers that partner with your utility to send out a marketing letter to sell their service and the City in turn gets a percentage of revenues from these sales. The information has been provided to the public works department to get feedback on this item. Commissioner Jorge Exposito made a motion to continue the agreement with Superlative for one year and for Superlative to negotiate with staff on the 45% Commission being charged on license agreements. Commissioner Michael Gongora seconded the motion. 139 4. Discussion to consider replacement of the City's Public Safety Radio System with a new P25 compliant system before the federally mandated 2016 timeframe ACTION The Committee recommended sending this item straight to Commission with the criteria of issuing an RFP to secure the services of a Consultant, at a reasonable price, that can compile all the stakeholder's requirements and provide system specifications and recommend an option to move forward with implementing the P25 system. Chief Financial Officer Patricia Walker presented this item. Chief Financial Officer Patricia Walker began the discussion by stating the City of Miami Beach, the Licensee, operates a Motorola equipped 800 MHz 10 channel trunked Public Safety Radio System, the System, in its designated Federal Communication Commission (FCC) jurisdiction. The System is currently on year eight (8) of a ten (1 0) year life cycle and it is not Project 25 (P25), compliant as defined by federal P25 standards, as the standards were emerging as the system was being contracted. The City's goal is to replace the System with a new P25 compliant system before the 2016 timeframe. P25 is a suite of standards for digital radio communications for use of interoperability by federal, state and local public safety agencies in North America to enable them to communicate with other agencies and mutual aid response teams in emergencies. The system replacement time cycle, based on procurement of the existing system, is over two (2) years from issuance of the RFP to acceptance of a working system. There are a few ways for the City to achieve compliance by the narrow banded P25 directive issued by the FCC. The City can purchase a replacement P25 compliant radio system, it can join with other agencies in purchasing and establishing a Regional radio system or it can operate as a guest on a larger host's radio system. Regardless of the direction the City moves in, it should first secure the services of a professional consultant (Consultant) that can compile all the stakeholder's requirements and manage the project to ensure that the requirements are implemented in the new radio system. Chairperson Deede Weithorn requested a cost breakdown of what the Consultant would cost as well as the radio system. Commissioner Jorge Exposito asked Chief of Police Raymond Martinez if there was a preference as to how they want this item approached. Chief Raymond Martinez stated the Regional approach is important for expanded coverage when officers have to look for subjects at their homes outside of Miami Beach area or when transporting prisoners to jais. Established regional interoperability memorandums allow Miami Beach radios to reach each region's dispatcher while in their region. It will be important during the negotiations to understand if any of the frequencies would have to be relinquished if this option is chosen. Police Union Representative Alex Bello stated that they have already began to have issues with Motorola and this is an important matter currently on hand. 140 The Committee recommended sending this item straight to Commission with the criteria of issuing an RFP to secure the services of a Consultant, at a reasonable price, that can compile all the stakeholder's requirements and provide system specifications and recommend an option to move forward with implementing the P25 system. Commissioner Jorge Exposito made the motion that was seconded by Commissioner Michael Gongora. 5. Discussion regarding the possible World Out Games Miami Beach 2017 Funding ACTION Item Deferred. 6. Discussion Budget Advisory Committee's proposed policies and guidelines for the City's Pension Plan ACTION The Committee assigned the item to Chairperson Deede Weithorn. The item was deferred to be further discussed at either an April or May Finance meeting with an LTC being issued on how this item will be handled to allow all Commissioners to participate. 7. Discussion to consider additional community input for the Sunset Harbor Neighborhood Improvements Projects ACTION The Committee decided to discuss this item at the June or July budget meeting with the possibility of amending the budget for this item. Public Works Director Fred Beckmann presented this item. Public Works Director Fred Beckmann began by stating the Sunset Harbour Neighborhood was not part of the original Neighborhood Improvement Program. Over the past several years, with the opening of more restaurants, Fresh Market and the parking garage with retail stores, Sunset Harbour has evolved to become a much more active residential community. As the City has done in the past with the original Neighborhood Improvement Program, a community-based planning process should be used to develop the elements of the Sunset Harbour Neighborhood improvement project. This would provide the residents and business owners with opportunities to attend Community Design Workshops and assist in the development of the design for the neighborhood. Like the other Neighborhood Improvement Program projects, the City could retain a consultant through a Request for Qualifications. This consultant would manage at least two Community Design Workshops at which residents would provide input on the proposed design. The consultant would then prepare a Basis of Design Report (BOOR) that would go to the Commission for formal approval. Once the BOOR is adopted, the consultant would proceed with the design and permitting of the project. 141 Chairperson Deede Weithorn stated we have to have a budget and an expectation before we go before the residents so that it's clear what the options are and the how they can be executed. Interim City Manager added the plan should be called the Street Scape Improvement Plan. The Committee decided to discuss this item at the June or July budget meeting with the possibility of amending the budget for this item. 8. Discussion directing the Administration to give the Commission an analysis of all the City Personnel receiving Planning Day Pay and/or Executive Work day pay, details about its genesis, aggregate cost to the City, intended purpose and history ACTION The Committee recommended that no new personnel shall receive Planning Days and/or Work Day Pay and for Interim City Manager Kathie G. Brooks to bring alternatives to the budget meeting for those employees currently receiving this pay. Commissioner Jerry Libbin presented this item. Commissioner Jerry Libbin began the discussion item by stating that staff has attempted to research the genesis of the Planning Day benefit. Staff also searched the archived records maintained by the City Clerk but did not find any specific information on the origin of this employee benefit. The Human Resources Department electronic records go back to 2005 but only track those employees that received the benefit and the actual number of days accrued varies by classification. The general consensus was that this compensation benefit was instituted in part to deal with salary compression issues and was utilized as an executive benefit to recruit and attract a competitive workforce. Interim City Manager Kathie G. Brooks stated most individuals came in with these offers as part of their compensation. The fair thing to do would be to roll them into the current individual's salary and then move forward with not offering it. Commissioner Michael Gongora stated he doesn't think there should be any action taken on this item today. Commissioner Jorge Exposito requested that Interim City Manager Brooks bring this item back during the budget meetings with alternatives so that it can be further discussed. Commissioner Exposito made the motion that no new personnel shall receive Planning Days and/or Work Day Pay and for Interim City Manager Kathie G. Brooks to bring alternatives to the budget meeting for those employees currently receiving this pay. 9. Discussion regarding advertising panels on Lincoln Road ACTION The Committee recommended going with Option 2 to go to the Historic Preservation and Design Review Boards to seek their direction as to what type of directory structures are most appropriate for the Lincoln Road Corridor. After this direction is obtained, the Administration recommends 142 that a Request for Proposals be issued. Public Works Director Fred Beckmann presented this item. Public Works Director Fred Beckmann began by stating The City currently has an agreement with Clear Channel Adshel Inc., to construct, operate and maintain directory structures in the Lincoln Road Area, to provide directory information location maps, offer advertising space for commercial use, fabricate and install street signs and block numbers at ten (1 0) intersections along Lincoln Road. The current agreement terminates on April 17, 2013. Clear Channel Adshel Inc. is interested in submitting an unsolicited proposal for replacing the current fixed advertising panels on Lincoln Road with digital advertising panels, but has not yet submitted its proposal. Clear Channel Adshellnc. recently sought approval from the Historic Preservation and Design Review Boards for the replacement of existing fixed advertising panels with digital advertising panels in twenty (20) bus shelters located in South Beach, but both Boards denied the request. Based on the above, there are two options: Option 1: Issue a Request for Proposals for fixed advertising panels Option 2: Go to Historic Preservation and Design Review Boards to seek their direction as to what type of directory structures are most appropriate for the Lincoln Road Corridor. After this direction is obtained, the Administration recommends that a Request for Proposals be issued. Chairperson Deede Weithorn stated we should go with option 2 to understand the rationale behind the Boards decision and determine if it's a bigger discussion that needs to be had by the Commission. The Committee recommended going with Option 2 to go to the Historic Preservation and Design Review Boards to seek their direction as to what type of directory structures are most appropriate for the Lincoln Road Corridor. After this direction is obtained, the Administration recommends that a Request for Proposals be issued. 143 = -MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager! /J,. ;.-- March 13, 2013 SUBJECT: REPORT OF THE FEBRUARY 21, 2013 SPECIAL LAND USE AND DEVELOPMENT COMMITTEE MEETING A Special Land Use and Development Committee meeting was held on February 21, 2013. Members in attendance were Commissioners Gongora and Libbin. Commissioner Weithorn, along with 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 5:10pm. 1. 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. (RETURNING FROM THE DECEMBER 19,2012 LUDC MEETING ORIGINALLY REFERRED BY COMMISSIONER MICHAEL GONGORA JULY 18,2012 CITY COMMISSION MEETING, ITEM C4F) AFTER-ACTION: SIDEWALK CAFES: Richard Lorber provided an overview of the Miami Beach United (MBU) Resolution proposing Sidewalk Cafe Zones, with expanded regulations, be created for those establishments within 200' of a residential district/zone. Staff suggested a 1 00' zone, as it has less of an impact on established areas that are not problematic, such as Lincoln Road. Staff also suggests requiring Conditional Use Approval; this would allow for mandatory notice. Staff also suggested compromising on hours of operation limits. Jorge Gomez indicates that an outdoor cafe (private property) could have an impact and it might make sense to apply regulations to those. Christine Florez, Jeff Donnalley, Mark Needle, Morris Sunshine, Nancy Liebman and Michael Larkin spoke. Generally, the residents comments were in concurrence with the staff analysis in particular the hours of operation suggested by staff. They expressed concerns with compliance with the code and specifically the noise regulations. There was support to extend the regulations to other outdoor, open air establishments, regardless of location. The residents were not advocating elimination of these uses, as they are important for economic health, but believe more regulation is needed, particularly the ability to better control more marginal establishments. Some residents stated that sidewalk cafes deserve attention and public participation and the Planning Board would serve an important role, as affected persons would be noticed. A representative of business interests was concerned with notice and Agenda Item C '!= 144 Date 3-tq-/3 City Commission Memorandum Report of Land Use & Development Committee Meeting of February 21, 2013 Page 2 of3 suggested the matter be continued so building owners can participate Comm. Weithorn: Would find it acceptable for a business owner to go to the Planning Board Conditional Use Process, if they want to exceed certain thresholds. Also, if violations accrue, CUP required; legal would need to opine on such a process. Comm. Libbin: Agrees with general tenants of proposals. Believes in less interference. Agrees that Ocean Drive and Lincoln Road deserve special consideration. Believes that staff's proposals can move forward, particularly the 1 00' radius. Agrees that exterior speakers can be regulated. Has question on what constitutes an 'eating establishment'. Criteria needs to be specific. He also accepted modifying the hour of operation and suggests no Planning Board oversight, for now. He expressed some concern with renewals and imposing restrictions on good operators at time of re.fol.~wal. ' ~ ', ~ Comm. Weithorn: Suggest using State guideline5,/r~~~.;f~r smoking establishments. CUP regulations should be applied for new establishmen~~' ·.. · . . Comm. Gongora: Agrees with Commission~~\~U:>bin's commerit~;;qn 1 00' radius, the ban on outdoor speakers. Also likes requirem~(lt\~for food being sery~d with drinks for new establishments. Later hours ( 11 :00 pm and t:QO am). · · MOTION: Libbin/Gongora: Refer an Ordinance;~m~ndm~HFto the Planning~!;3pard: • For sidewalk cafes within a 1 00' radius;,:tata residential distri8f the following restrictions: No outdoor s~~ak~r~\and alcoh~)\i)'!(~th food service only restriction on new applications. Applicability fo>~Jio)N existingr~a,fes to continue under terms of current license, with Planning.;Board·a~~r.oval requlr~d to exceed thresholds for new establishments:. . . . · • Move hoqrs of operation to refl~ct ct,~r:rent; liCElQ~e requirements (12:00 AM I 2:00 AM). ······················· . . . SINGLE.:13AMILY DEVEtORM~~lT~.INiJiERFACE: ,',"'""'%~''''"'''"%, ',,,, '":, "' ''""' '"'"""""'"""' ~~ Richaf:Gft}~oroef;:i:l?r<wided bverview ofMBUB.esolution pertaining to the compatibility of new de¥~~~p;Tients i~<di(i~¢. proxfmity to exi~tfr1~:~$ingle Family districts. Within 1 00' of Single Family· ,districts, the most interface occurs. He explained the rationale behind requiring specifie~.i\Setbacks in the massing of new structures facing Single Family districts. Established. ;Jl1inimum setbac;ks would ·add more predictability in the development review process. He,;s~J~9 explainedJhat the current notice requirements are good and 30 days is sufficient. · · Terry Beinstock: Commented that Mr. Lorber did a good job of explaining the overall issue. He was concerned witt\1 1 00' radius, particularly as it may be affected by a canal or waterway. Also, suggests more outreach to HOA's. Gabrielle Redfern: On CABI project, the concern was that residents/neighbors not given the same amount of time to testify and present a rebuttal to what was proposed by the developer. Comm. Gongora: Agrees that resident participation should be equalized. Comm. Weithorn: Believes larger groups should have the same amount of time and opportunity to present. 145 City Commission Memorandum Report of Land Use & Development Committee Meeting of February 21, 2013 Page 3 of3 Jeff Donnalley: Agrees that more guidance needed regarding resident participation. Mark Needle: Should not be limited to interface with sf areas; multi-family areas can also benefit from these types of regulations. All areas with commercial in close proximity to residential areas should be part of the discussion. MOTION: Libbin/Gongora: (2-0) Adopt staff recommendation as an Ordinance referral to the Planning Board. T:\AGENDA\2013\March 13\Special LUDC Meeting of February 21, 2013 a~,~on.docx 146 17, 18. 19. 20. NAME SPECIAL LAND USE AND DEVELOPMENT COMMITTEE MEETING February 21, 2013 @ 5:00 pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER I I WISH TO RECEIVE THE AGENDA ELECTRONICALLY lff'_f M:\$CMB\CCUPDATES\Land Use and Development In Sheet 2013.Ciocx E-MAIL ADDRESS ',.:: '"'\, @ @ @ @ @ C7 RESOLUTIONS COMMISSION ITEM SUMMARY Condensed Title: I A Resolution authorizing the City Manager to apply for and accept five (5) grants. Key Intended Outcomes Supported: 1) and 2) Maintain City's infrastructure; 3) Increase satisfaction with family recreational activities; 4) Maintain Miami Beach public areas and rights of way citywide; and 5) Increase community satisfaction with city government. Supporting Data • 2009 Community Survey: 1) and 2) 21.4% of residents stated that "improving infrastructure" was one of the areas that the City can address to improve public safety; 3) City Parks/recreational facilities achieved the third greatest attendance for City destinations/attractions after restaurants and beaches. 50.4% of respondents reported visiting City Parks/recreational facilities "1 0 or more times annually''; 4) The Parks and Recreation Department has completed the fourth year's goal for the reforestation plan with over 400 trees planted, bringing the program total to 4,250 trees installed to date; 2009 Community Survey: The rating of the maintenance of parks increased from 77.9% rating as "Good" or "Excellent" in 2007 to 89.1% in 2009; 5) The Fire Department has experienced more than a 9% increase in number of pre-hospital care calls for service from 14,796 in 2000 to 16,247 in 2011. Item Summary/Recommendation: Approval to apply to: 1) Florida Inland Navigation District (FIND) for funding in the approximate amount of $280,000 for the construction of Normandy Shores Park seawall; 2) Florida Inland Navigation District (FIND) for funding in the approximate amount of $160,000 for the design of Indian Creek Park seawall; 3) Florida Inland Navigation District (FIND) for funding in the approximate amount of $40,000 for the Parks Blueways Plan; 4) the Florida Department of Agriculture and Consumer Services, Urban Forestry Grant Program, in the approximate amount of $10,000 for Tree Planting; and, 5) State of Florida EMS in the approximate amount of $40,000 for Pre-hospital equipment. Adopt the Resolution. Advisory Board Recommendation: N/A Financial Information: Source # Grant Name/ Grant Match Amount/City Expense/Source of Project Approx. Funds Amount 1 FIND/Normandy $280,000 $280,000 -Seawall Repairs project Shores Park Seawall (pwcseawall) 351-2150-069358 Construction 2 FIND/Indian Creek $160,000 $160,000-Matching funds in the approximate Park Seawall Design amount of $160,000 will be requested through the FY 2013/14 Budget Process 3 FIND/Biueways Plan $40,000 $40,000 -Matching funds in the approximate amount of $40,000 are available in Parks Department Operating Budget for FY 2012/13 4 DEP/Urban $10,000 $11,000 -2003 GO Bonds Neighborhood Forestry/Tree Improvement-Central Bayshore Neighborhood Planting (rwmbaysbpa) 384-2205-069357 5 State of Florida $40,000 $1 0,000/Fire Department FY 2012/13 Matching EMS/Pre-Operating Funds Hospital Equipment Clerk's Office le islative Trackin : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Si n-Offs: Department Director Assistant City Manager MIAMI BEACH 149 AGENDA ITEM _C.......;"l-:....:.~...;;__ DATE 3 .... /3-13 ~ MIAMI BEACH "="' City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Co FROM: Kathie G. Brooks, Interim City Manager DATE: March 13, 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 SUBMIT THE FOLLOWING GRANT APPLICATIONS: 1) FLORIDA INLAND NAVIGATION DISTRICT FOR FUNDING IN THE APPROXIMATE AMOUNT OF $280,000 FOR SHORELINE RECONSTRUCTION OF NORMANDY SHORES PARK SEAWALL; 2) FLORIDA INLAND NAVIGATION DISTRICT FOR FUNDING IN THE APPROXIMATE AMOUNT OF $160,000 FOR DESIGN OF INDIAN CREEK PARK SEAWALL; 3) FLORIDA INLAND NAVIGATION DISTRICT FOR FUNDING IN THE APPROXIMATE AMOUNT OF $40,000 FOR A PARKS BLUEWAYS PLAN; 4) THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, URBAN FORESTRY PROGRAM, IN THE APPROXIMATE AMOUNT OF $10,000 FOR TREE PLANTINGS; AND, 5) STATE OF FLORIDA, DEPARTMENT OF HEALTH, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $40,000 FOR EQUIPMENT RELATED TO PRE-HOSPITAL EMERGENCY SERVICES APPROPRIATING THE ABOVE FUNDS, IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE APPLICATIONS ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS 1. Approval to submit an application to Florida Inland Navigation District (FIND) in the approximate amount of $280,000 for construction of the seawall at Normandy Shores Park The Florida Legislature created s. 374.976, Florida Statutes in recognition of the importance and benefits of inland navigation channels and waterways, as well as in acknowledgement of the problems associated with the construction, continued maintenance and use of these waterways. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The program that provides funding for these projects is called the Waterways Assistance Program. The Administration intends to submit three applications under this program. FIND requires a $1:$1 match; they will provide 50% of the cost of each project, and the City will be responsible for the matching funds. The first submittal will be for shoreline restoration, of the seawalls at Normandy Shores Park. 150 Commission Memorandum Page2 Normandy Shores Park seawall has been rated as "Critical" condition and the design portion of this project has already commenced; the application to FIND will be for construction funding only. The construction cost is approximately $560,000, and the request to FIND will be for approximately $280,000. Matching funds in the amount of $280,000 are in the Seawall Repairs project. 2. Approval to submit an application to Florida Inland Navigation District (FIND) in the approximate amount of $160,000 for the design of the Indian Creek Park seawall Indian Creek Park (also known as Brittany Bay Park) seawall has been rated as "Serious" condition; the Administration intends to request funding for Phase 1, design, through this funding cycle, and next year request funds for Phase 2, construction. It should be noted that FIND will not reimburse for design until the project goes into the construction phase. The cost for design is approximately $320,000; therefore the request to FIND will be for approximately $160,000. Matching funds in the approximate amount of $160,000 will be requested through the FY 2013/14 Budget Process. The seawall projects support the key intended outcome: maintain City's infrastructure. The seawalls at Normandy Shores Park and Indian Creek Park were selected because FIND will only provide funding for seawalls on natural, navigable waterways, and these two qualify 3. Approval to submit an application to Florida Inland Navigation District (FIND) in the approximate amount of $40,000 for the Parks Blueways Plan In addition, the City intends to submit an application to Florida Inland Navigation District for the Parks Department Blueways Plan which will indicate public access points to the waterways. As part of the Fiscal Year 2012/2013 Workplan for the Parks and Recreation Department, staff is developing a conceptual Blueways Plan. The FIND funding will allow the plan to be fully developed including community outreach. This type of plan is a new funding initiative for FIND and the City intends to apply for approximately $40,000 to complete the Plan. Matching funds in the approximate amount of $40,000 are available in the Parks Department FY 2012/13 Operating Budget. In accordance with FIND guidelines, Attachment 1, Florida Inland Navigation District's Resolution for Assistance 2013 under The Florida Inland Navigation District Waterways Assistance Program, is attached and included with this agenda item for execution for this project and the seawall projects (above). 4. Approval to submit an application to the Florida Department of Agriculture and Consumer Services, Urban Forestry Grant Program. in the approximate amount of $10.000 for Tree Planting As part of the federal government's Urban and Community Forestry Matching Grant Program, funds are available, through the Florida Department of Agriculture for organizations to develop or enhance their urban and community forestry programs. Awards can be used for tree planting on public land, tree protection projects, and tree maintenance projects. A maximum of $10,000 is available for each tree planting project and the program requires $1:$1 matching funds. 151 Commission Memorandum Page 3 The City Administration intends to apply for funding for Tree planting. The project area for this grant includes: 401h street to the north, Flamingo Drive to the east, Alton Road to the west and Dade Boulevard to the south. The Administration will request funding in the approximate amount of $10,000 to plant trees. Matching funds are available in the amount of $10,150 from 2003 GO Bonds Neighborhood Improvement. This project will fund the planting of trees in the City, including the Central Bayshore Neighborhood (Bayshore Neighborhood -Bid Pack A project). This grant supports the Reforestation Program, which the City Commission authorized in 2007, and includes tree planning as part of CIP projects, and funds for tree maintenance, including salaries and equipment for a tree maintenance crew. By accepting this grant, the City also agrees to enter into a Memorandum of Agreement with the Florida Department of Agriculture and Consumer Services. Attachment 2 to this item is an example from the Urban Forestry Program of a Maintenance Memorandum of Agreement which also needs to be executed This project supports the key intended outcome: maintain Miami Beach public areas and rights of way citywide. 5. Approval to submit an application to the State of Florida, Department of Health for funding in the approximate amount of $40,000 for equipment related to Pre-Hospital Emergency Services The State of Florida EMS Matching grant program provides emergency medical service providers with funds to acquire, repair improve or upgrade emergency medical services systems. Funds must be used for the improvement and expansion of emergency medical services within the list of eligible activities outlined by the State. The Administration has requested funding in the approximate amount of $40,000 for EMS equipment to increase the effectiveness of Fire personnel in emergency situations. The Fire Department will use FY 2013/14 operating budget funds in the approximate amount of $10,000 to cover the costs of the match. This grant supports the key intended outcome: increase community satisfaction with City government. CONCLUSION The Administration requests approval to authorize the City Manager or his designee to submit the following grant applications to: 1) Florida Inland Navigation District for funding in the approximate amount of $280,000 for the construction of Normandy Shores Park seawall; 2) Florida Inland Navigation District for funding in the approximate amount of $160,000 for design of Indian Creek Park seawall; 3) Florida Inland Navigation District for funding in the approximate amount of $40,000 for the Parks Blueways Plan; 4) Florida Department of Agriculture and Consumer Services, Urban Forestry Grant Program, in the approximate amount of $10,000 for Tree Planting; 5) State of Florida, Department of Health forfunding in the approximate amount of $40,000 for equipment related to Pre-Hospital Emergency Services; and appropriating the above funds, if approved and accepted by the City, and authorizing the execution of all necessary documents related to these applications. JMG/KGB/JMH T:\AGENDA\2013\3-13-13\Grants Memo.doc 152 Att:achme::n.1: 1 ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE 2013 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE------------is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry and the State of Florida: Project Title __ _;;___;;,;_;;_....:.;..... ____ _;;_ _____________ _ Total Estimated Cost$--------------------- Brief Description ofProject: AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the-------=----------- (Name of Agency) that the project described above be authorized, AND, be it further resolved that said (Name of Agency) make application to the Florida Inland Navigation District in the amount of, __ . _%of the actual cost of the project in behalf of said------------------ (Name of Agency) AND, be it further resolved by the----------------- (Name of Agency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 153 Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (1) 3. That it has the ability and intention to finance its share of the cost ofthe project and that the project will be operated and maintained at the expense of said:........------ ________________ ,__for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964~ P. L. 88-352 (1964)·and design and construct all facilities to comply fully with ·statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the finallO% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the ________________ at a legal meeting held on this -'-___ day of _______ 20 __ . Attest Signature Title Title (2) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 154 BID NUMBER: RFP/FFS-12113-48 Atta_chme:n.t :2 OPENING DATE: MARCH 22, 2013@ 2:00P.M. ATTACHMENT J EXAMPLE URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREEMENT This Agreement, made and entered into this the __ day of 20----' by and between the FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the Department and hereinafter called the Contractor. WITNESSETH WHEREAS, .the Department desires to increase the general level of knowledge of the principles of urban and community forestry by awarding funds to the Contractor for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Contractor agreed in the Grant Agreement to maintain the project as described in the Grant Application; WHEREAS, the Contractor by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, herein and in Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows: A. The Contractor shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the following location: Specifically, the Contractor accepts the below listed responsibilities and duties: (1) All planting stock or replacement must be Florida Grade #1 or better. (2) Proper watering and proper fertilization of all trees/plants. (3) Keeping trees/plants as free as practicable from disease and harmful insects; (4) Proper mulching of trees and/or planting beds; (S) Keeping the premises free of weeds; (6) Mowing and/or cutting grasses to the proper length; (7) Proper pruning of all trees which includes; removing dead or disease parts of trees or (ii) pruning such parts thereof which present a hazard; (8) Removing and replacing dead or diseased trees/plants in their entirety, or removing and replacing those that fall below original Project Standards. 58 155 BID NUMBER: RFP/FFS-12113-48 OPENING DATE: MARCH 22,2013@ 2:00P.M. (9) Following the Planting and Maintenance Guidelines as included herein. The Contractor agrees to repair, or remove and replace at its own expense all or part of the project that falls below Project Standards. In the event any part or parts of the project, including all plants, must be removed and replaced for whatever reason, then they shall be replaced with the same grade, size and specification as provided in the original plans for the project. Furthermore, the Contractor shall keep litter removed from the project area. The above named functions to be performed by the Contractor shall be subject to periodic inspections by the Department. It is the intent of the parties that the Contractor shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a period of three (3) years. C. In the event this Agreement is terminated in accordance with the provisions provided in Exhibit 1, then the Contractor shall refund to the Department a pro-rated portion of the grant award based upon the following schedule: (1) If this agreement is terminated within one year of this agreement, 75 percent of the grant award; (2) If this agreement is terminated during the second year of this agreement, 50 percent of the grant award; (3) If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. D. This Agreement, together with the Urban and Community Forestry Grant Memorandum of Agreement, embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. Signed by parties to this agreement: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Signature Title Date 156 CONTRACTOR Signature Title Date 59 RESOLUTION NO. _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO SUBMIT THE FOLLOWING GRANT APPLICATIONS: 1) FLORIDA INLAND NAVIGATION DISTRICT FOR FUNDING IN THE APPROXIMATE AMOUNT OF $280,000 FOR SHORELINE RECONSTRUCTION OF NORMANDY SHORES PARK SEAWALL; 2) FLORIDA INLAND NAVIGATION DISTRICT FOR FUNDING IN THE APPROXIMATE AMOUNT OF $160,000 FOR DESIGN OF INDIAN CREEK PARK SEAWALL; 3) FLORIDA INLAND NAVIGATION DISTRICT FOR FUNDING IN THE APPROXIMATE AMOUNT OF $40,000 FOR A PARKS BLUEWAYS PLAN; 4) THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, URBAN FORESTRY PROGRAM, IN THE APPROXIMATE AMOUNT OF $10,000 FOR TREE PLANTINGS; AND, 5) STATE OF FLORIDA, DEPARTMENT OF HEALTH, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $40,000 FOR EQUIPMENT RELATED TO PRE- HOSPITAL EMERGENCY SERVICES; APPROPRIATING THE ABOVE FUNDS, IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE APPLICATIONS WHEREAS, the Florida Legislature created s. 374.976, Florida Statutes in recognition of the importance and benefits of inland navigation channels and waterways, as well as in acknowledgement of the problems associated with the construction, continued maintenance and use of these waterways and this law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways; and WHEREAS, FIND requires a $1:$1 match; they will provide 50% of the cost of each project, and the City will be responsible for the matching funds; and WHEREAS, the Administration intends to submit an application for shoreline restoration, specifically the seawall at Normandy Shores Park; and WHEREAS, Normandy Shores Park seawall has been rated as "Critical" condition and the design portion of this project has already commenced; the application to FIND will be for construction funding only, which is approximately $560,000, and the request to FIND will be for approximately $280,000 and matching funds in the amount of $280,000 are in the Seawall Repairs project; and WHEREAS, Indian Creek Park (also known as Brittany Bay Park) seawall has been rated as "Serious" condition; the Administration also intends to request funding for the design of Indian Creek Park seawall, through this funding cycle, and next year request funds for construction; and WHEREAS, it should be noted that FIND will not reimburse for design until the project goes into the construction phase and the cost for design is approximately $320,000; therefore the request to FIND will be for approximately $160,000 and matching funds in the approximate amount of $160,000 will be requested through the FY 13/14 Budget Process; and 157 WHEREAS, the seawalls at Normandy Shores Park and Indian Creek Park were selected because FIND will only provide funding for seawalls on natural, navigable waterways, and these two qualify; and WHEREAS, the City also intends to submit is for the Parks Department Blue Ways Plan which will indicate public access points to the waterways and this type of plan is a new funding initiative for FIND and the City intends to apply for approximately $40,000 to complete the Plan and matching funds in the approximate amount of $40,000 is available in the Parks Department FY 2012/13 Operating Budget; and WHEREAS, as part of the Fiscal Year 2012/2013 Workplan for the Parks and Recreation Department, staff is developing a conceptual Blueways Plan and the FIND funding will allow the plan to be fully developed including community outreach; and WHEREAS, in accordance with FIND guidelines, Attachment 1, Florida Inland Navigation District's Resolution for Assistance 2013 under The Florida Inland Navigation District Waterways Assistance Program, is attached and included with this agenda item for execution; and WHEREAS, as part of the federal government's Urban and Community Forestry Matching Grant Program, funds are available, through the Florida Department of Agriculture for organizations to develop or enhance their urban and community forestry programs and awards can be used for tree planting on public land, tree protection projects, and tree maintenance projects and the program requires $1:$1 matching funds. WHEREAS, the City Administration intends to apply for funding for the Tree Planting in the City, including the Central Bayshore Neighborhood (Bayshore Neighborhood -Bid Pack A project) which includes: 40 1h street to the north, Flamingo Drive to the east, Alton Road to the west and Dade Boulevard to the south; and WHEREAS, the Administration will request funding in the approximate amount of $10,000 to plant trees and matching funds are available in the amount of $11,000 from 2003 GO Bonds Neighborhood Improvement -Central Bayshore Neighborhood; and WHEREAS, this grant supports the Reforestation Program, which the City Commission authorized in 2007, and includes tree planning as part of CIP projects, and funds for tree maintenance, including salaries and equipment for a tree maintenance crew; and WHEREAS, by accepting this grant, the City also agrees to enter into a Memorandum of Agreement with the Florida Department of Agriculture and Consumer Services and Attachment 2 to this item is an example of a Memorandum of Agreement from the Urban Forestry Program which will need to be executed; and WHEREAS, this project supports the key intended outcome: maintain Miami Beach public areas and rights of way citywide; and WHEREAS, the Administration requests approval to submit an application to the Florida Department of Agriculture and Consumer Services, Urban Forestry Grant Program, in the approximate amount of $10,000 for Tree Planting; and 158 WHEREAS, the State of Florida EMS Matching grant program provides emergency medical service providers with funds to acquire, repair improve or upgrade emergency medical services systems; and WHEREAS, funds must be used for the improvement and expansion of emergency medical services within the list of eligible activities outlined by the State; and WHEREAS, the Administration has requested funding in the approximate amount of $40,000 for EMS equipment which will to allow Emergency Medical Services personnel to be more effective; and WHEREAS, the grant requires a 25% match of the total project cost and the Fire Department will use its FY 2012/13 operating budget to cover the costs of this match; and WHEREAS, this grant supports the key intended outcome: increase community satisfaction with City government. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City Manager or her designee to support grant applications to: 1) Florida Inland Navigation District for funding in the approximate amount of $280,000 for shoreline reconstruction of Normandy Shores Park seawall; 2) Florida Inland Navigation District for funding in the approximate amount of $160,000 for design of Indian Creek Park seawall; 3) Florida Inland Navigation District for funding in the approximate amount of $40,000 for a Parks Blueways plan; 4) Florida Department of Agriculture and Consumer Services, Urban Forestry Program, in the approximate amount of $10,000 for tree plantings; and, 5) State of Florida, Department of Health, for funding in the approximate amount of $40,000 for equipment related to pre-hospital emergency services; appropriating the above grants, if approved and accepted by the City, and authorizing the execution of all documents related to these applications. PASSED and ADOPTED this ___ day of---'' 2013 ATTEST: CITY CLERK KGB/JMH T:\AGENDA\2013\3-13-13\Grants Reso.doc 159 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ City Atto , 6 THIS PAGE INTENTIONALLY LEFT BLANK 160 COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting the recommendation of the Neighborhood and Community Affairs Committee automatically withdrawing items referred to City Commission Committees if not heard within six (6) months from its referral date and recommending inclusion of a report in the City Commission agenda transmitting a list of withdrawn items. Key Intended Outcome Supported: Increase Community Satisfaction with City Government. Supporting Data (Surveys, Environmental Scan, etc.): NIA Item Summary/Recommendation: The subject was referred to the Neighborhood I Community Affairs Committee at the request of Commissioner Libbin at the February 6, 2013 City Commission meeting in an effort to eliminate unnecessary time and effort spent on items which are not ready to be discussed. Commissioner Libbin requested a discussion regarding items referred to Commission Committees if not heard within six (6) months of its referral dates the items should either be referred again to the Committee or removed altogether. The item was heard at the February 19, 2013 Neighborhood I Community Affairs Committee. The Committee discussed the subject and ultimately unanimously passed a motion that all items referred to various City Commission Committees should be heard as soon as possible regardless of whether the referring City Commissioner is present for the discussion. The Committee also requested that elected officials should be noticed of when their items will be discussed at committee and agreed that one courtesy deferral should be accommodated if the commissioner is out of town or unable to attend. However, after six (6) months the item should be withdrawn and report of withdrawn items should be included in the City Commission agenda. The Administration recommends the resolution be approved. Financial Information: Source of Amount Funds: 1 NIA OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Si n-Offs: Department Director MA T:\AGENDA\2013\March 13\Accepting NCAC recommendation-With MIAMI BEACH 161 Account AGENDA ITEM c 7 B DATE J~/3-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager j/J-j _ March 13, 2013 / ......... A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE AUTOMATICALLY WITHDRAWING ITEMS REFERRED TO CITY COMMISSION COMMITTEES IF NOT HEARD WITHIN SIX (6) MONTHS FROM ITS REFERRAL DATE AND RECOMMENDING INCLUSION OF A REPORT IN CITY COMMISSION AGENDA TRANSMITTING A LIST OF WITHDRAWN ITEMS. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Increase Community Satisfaction with City Government. BACKGROUND The subject was referred to the Neighborhood I Community Affairs Committee at the request of Commissioner Libbin at the February 6, 2013 City Commission meeting in an effort to eliminate unnecessary time and effort spent on items which are not ready to be discussed. Commissioner Libbin requested a discussion regarding items referred to Commission Committees if not heard within six (6) months of its referral dates the items should either be referred again to the Committee or removed altogether. The item was heard at the February 19, 2013 Neighborhood I Community Affairs Committee. The Committee discussed the subject and ultimately unanimously passed a motion that all items referred to various City Commission Committees should be heard as soon as possible regardless of whether the referring City Commissioner is present for the discussion. The Committee also requested that elected officials should be noticed of when their items will be discussed at committee and agreed that one courtesy deferral should be accommodated if the commissioner is out of town or unable to attend. However, after six (6) months the item should be withdrawn and report of withdrawn items should be included in the City Commission agenda. CONCLUSION The Administration recommends adopting the resolution approving the recommendation of the NCAC automatically withdrawing items referred to City Commission Committees if not heard within six (6) months from its referral date and recommending inclusion of a report in the City Commission agenda transmitting a list of withdrawn items. KGB/MAS T:\AGENDA\2013\March 13\Accepting NCAC recommendation-Withdrwn Committee Referrals MEMO.doc 162 N 163 THIS PAGE INTENTIONALLY LEFT BLANK 164 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A DONATION OF SURPLUS FUNDS FROM THE MIAMI BEACH HEALTH FACILITIES AUTHORITY ("MBHFA") ACCOUNT, PURSUANT TO A RESOLUTION OF THE MBHFA ADOPTED AT ITS FEBRUARY 20, 2013 MEETING, IN THE AMOUNT OF $ 715, 331, FOR APPROPRIATION AND DISBURSEMENT BY THE CITY TO NON-PROFIT HUMAN HEALTH SERVICE AGENCIES, AS PROVIDED IN SECTION 154.209(14), FLORIDA STATUTES; PROVIDED FURTHER THAT THE MBHFA RECOMMENDS THAT SUCH SURPLUS FUNDS BE APPROPRIATED AND DISBURSED AS FOLLOWS: $ 150,000 TO PROVIDE CONTINUED SUPPORT TO MIAMI BEACH COMMUNITY HEALTH CENTER, INC.; AND 2) $ 565,331 TO MOUNT SINAl MEDICAL CENTER, TO BE USED FOR ITS MIAMI BEACH RESIDENT INDIGENT CARE PROGRAM TO PROVIDE TREATMENT FOR UNFUNDED RESIDENTS OF THE CITY OF MIAMI BEACH. Key Intended Outcome Supported: Increase resident ratings of Public Safety Services Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Should the City Commission accept a donation of surplus funds in the MBHFA account in the amount of $715,331 for a ro riation and distribution b the Cit to non-rofit human health service a encies? Item Summary/Recommendation: At its meeting on February 20, 2013, and as provided in Section 154.209(14) Florida Statutes, the MBHFA approved a resolution for the donation of a portion of the surplus funds in the MBHFA account, in the amount of $ 715,331, for appropriation and disbursement by the City to non-profit human health service agencies. The MBHFA further recommended that, in appropriating and disbursing the aforestated surplus funds, the Mayor and City Commission consider the foregoing recommendations: a) that the amount of $ 150,000, be appropriated and disbursed toward to continued support of Miami Beach Community Health Center, Inc.; and b) that the amount of $ 565,331, be appropriated and disbursed to Mount Sinai Medical Center, to be used for its Miami Beach Resident Indigent Care Program to provide treatment for unfunded residents of the City of Miami Beach. Advisory Board Recommendation: Financial Information· Amount Source of Funds: $715,331 OBPI Total Department Director T:\AGENDA\2013\March 13\Consent\ HFA Excess Funds MIAMI BEACH Account I 166-197o-ooo343 165 Approved AGENDA ITEM G 7C DATE 3~/3-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager /A(--- March 13, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A DONATION OF SURPLUS FUNDS FROM THE MIAMI BEACH HEALTH FACILITIES AUTHORITY ("MBHFA") ACCOUNT, PURSUANT TO A RESOLUTION OF THE MBHFA ADOPTED AT ITS FEBRUARY 20, 2013 MEETING, IN THE AMOUNT OF $715,331, FOR APPROPRIATION AND DISBURSEMENT BY THE CITY TO NON-PROFIT HUMAN HEALTH SERVICE AGENCIES, AS PROVIDED IN SECTION 154.209(14), FLORIDA STATUTES; PROVIDED FURTHER THAT THE MBHFA RECOMMENDS THAT SUCH SURPLUS FUNDS BE APPROPRIATED AND DISBURSED AS FOLLOWS: $150,000 TO PROVIDE CONTINUED SUPPORT TO MIAMI BEACH COMMUNITY HEALTH CENTER, INC.; AND 2) $565,331 TO MOUNT SINAl MEDICAL CENTER, TO BE USED FOR ITS MIAMI BEACH RESIDENT INDIGENT CARE PROGRAM TO PROVIDE TREATMENT FOR UNFUNDED RESIDENTS OF THE CITY OF MIAMI BEACH. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding in the amount of $715,331 has been donated by the Miami Beach Health Facilities Authority to the City of Miami Beach for appropriation and distribution to non- profit human health service agencies ANALYSIS The Miami Beach Health Facilities Authority ("MBHFA") collects various fees for issuing bonds for non-profit human health care providers. At their meeting on February 20, 2013, the MBHFA made a determination that they had $715,331 of excess funds and agreed to donate them to the City of Miami Beach for appropriation and distribution to 166 Commission Memorandum-March 13, 2013 Health Facilities Authority Page 2 of 2 non-profit human health care agencies. Additionally, the MBHFA also heard proposals from Mount Sinai Medical Center and agreed to recommend the distributions of the $715,331 as follows: a) that the amount of $150,000 be appropriated and disbursed toward to continued support of the Miami Beach Community Health Center, Inc.; and b) that funds, in the amount of $565,331, be appropriated and disbursed to Mount Sinai Medical Center to be used for its Miami Beach Resident Indigent Care Program to provide treatment for unfunded residents of the City of Miami Beach. The MBHFA also voted to reduce the amount of the annual fees owed by Mount Sinai Medical Center by fifty percent (50%) in future fiscal years. In addition, the MBHFA in their July 12, 2012 meeting voted to completely waive the fiscal year 2013 annual fees in the amount of $88,614. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, accept a donation of surplus funds in the MBHFA account, pursuant to a resolution of the MBHFA adopted at its February 20, 2013 meeting, in the amount of $715,331, and further accept the MBHFA recommendation that such surplus funds be appropriated and disbursed as follows: 1) $150,000 to provide continued support to Miami Beach Community Health Center, Inc.; and 2) $565,331 to Mount Sinai Medical Center, to be used for its Miami Beach Resident Indigent Care Program to provide treatment for unfunded residents of the City of Miami Beach. T:\Agenda/2013/March 13/Consent/HFA Excess Funds-Comm Memo 167 RESOLUTION NO., _________ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A DONATION OF SURPLUS FUNDS FROM THE MIAMI BEACH HEALTH FACILITIES AUTHORITY ("MBHFA") ACCOUNT, PURSUANT TO A RESOLUTION OF THE MBHFA ADOPTED AT ITS FEBRUARY 20, 2013 MEETING, IN THE AMOUNT OF $ 715, 331, FOR APPROPRIATION AND DISBURSEMENT BY THE CITY TO NON-PROFIT HUMAN HEALTH SERVICE AGENCIES, AS PROVIDED IN SECTION 154.209(14), FLORIDA STATUTES; PROVIDED FURTHER THAT THE MBHFA RECOMMENDS THAT SUCH SURPLUS FUNDS BE APPROPRIATED AND DISBURSED AS FOLLOWS: $ 150,000 TO PROVIDE CONTINUED SUPPORT TO MIAMI BEACH COMMUNITY HEALTH CENTER, INC.; AND 2) $ 565,331 TO MOUNT SINAl MEDICAL CENTER, TO BE USED FOR ITS MIAMI BEACH RESIDENT INDIGENT CARE PROGRAM TO PROVIDE TREATMENT FOR UNFUNDED RESIDENTS OF THE CITY OF MIAMI BEACH. WHEREAS, the Miami Beach Health Facilities Authority (MBHFA) was created and established in accordance with Section 154.207, Florida Statutes, to improve the commerce, welfare and prosperity of the citizens of Miami Beach and their health and living condition; and WHEREAS, at its meeting on February 20, 2013, and as provided in Section 154.209(14) Florida Statutes, the MBHFA approved a resolution for the donation of a portion of the surplus funds in the MBHFA account, in the amount of $ 715,331, for appropriation and disbursement by the City to non-profit human health service agencies; and WHEREAS, the MBHFA further recommended that, in appropriating and disbursing the aforestated surplus funds, the Mayor and City Commission consider the foregoing recommendations: a) that the amount of $ 150,000, be appropriated and disbursed toward to continued support of Miami Beach Community Health Center, Inc.; and b) that the amount of$ 565,331, be appropriated and disbursed to Mount Sinai Medical Center, to be used for its Miami Beach Resident Indigent Care Program to provide treatment for unfunded residents of the City of Miami Beach. 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 a donation of surplus funds in the MBHFA account, pursuant to a Resolution of the MBHFA adopted at its February 20, 2013 meeting, in the amount of $ 715,331, for appropriation and disbursement by the City to non-profit human health 168 service agencies, as provided in Section 154.209(14), Florida Statutes; provided further that the MBHFA recommends that such surplus funds be appropriated and disbursed as follows: 1) $ 150,000 to provide continued support to Miami Beach Community Health Center, Inc.; and 2) $ 565,331 to Mount Sinai Medical Center, to be used for its Miami Beach Resident Indigent Care Program to provide treatment for unfunded residents of the City of Miami Beach. PASSED and ADOPTED this __ day of ____ , 2013. ATTEST: CITY CLERK MAYOR F:\ATTO\AGUR\RESOS-ORD\Heath Facility Authority CITY RESO-Donation of Surplus Funds (2-22-13).doc 169 THIS PAGE INTENTIONALLY LEFT BLANK 170 COMMISSION ITEM SUMMARY Consenting to the appointment of Jay Fink as an Acting Director of the Public Works Department for the Cit of Miami Beach. Key Intended Outcome Supported: Attract and maintain a quality workforce and Increase satisfaction with development and growth management across the City. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and City Commission adopt the attached Resolution consenting and confirming Ja Fink as the Actin Director of the Public Works De artment? Item Summary/Recommendation: The City's Public Works Director Fred Beckmann separated from his employment with the City on March 1, 2013. In anticipation of his departure, the recruitment process for a successor Public Works Director was initiated and resumes have been reviewed. However, the selection of this position has been temporarily placed on hold pending the outcome of the City Manager recruitment. To continue to ensure that the Department has the oversight and direction needed until a new Director is selected, It is recommended that Jay Fink be placed in an acting capacity for this position. The Public Works Department is a large, full service organization providing planning, design, construction, maintenance, repair, and operation of City infrastructure including utility systems and City buildings and facilities. The Department is also responsible for City cleanliness and manages the Solid Waste Collection and Disposal Program. The Department is represented by a professional, semiprofessional and licensed disciplines working in Administration, Engineering, Transportation Management, Streets and Streetlights, Environmental Resources Management, Property Management, and the Water, Sewer, Stormwater and Sanitation Divisions. Pursuant to the requirements of Article IV, Section 4.02 of the City Charter, it is recommended that the Mayor and the City Commission adopt the attached resolution consenting and confirming JayFink as the Acting Director of the Public Works Department for the City of Miami Beach. Advisory Board Recommendation: J N/A Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office le islative Trackin Carla Gomez, Human Resources Assistant City Manager EM SUMMARY.docx MIAMI BEACH 171 Account Approved anager AGENDA ITEM _C_7_D_ DATE ~-/3-t3 C9 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 ofre City Commission Kathie Brooks, Interim City Manager March 13, 2013 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE APPOINTMENT OF JAY FINK AS THE ACTING DIRECTOR OF THE PUBLIC WORKS DEPARTMENT FOR THE CITY OF MIAMI BEACH. ADMINISTRATION RECOMMENDATION Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is recommended that the Mayor and Commission adopt the attached resolution consenting and confirming Jay Fink as the Acting Director of the Public Works Department for the City of Miami Beach. ANALYSIS Effective March 1, 2013, the City's Public Works Director, Fred Beckmann separated from his employment with the City due to retirement. In anticipation of his departure, the recruitment process for a successor Public Works Director was initiated and resumes have been reviewed. However, as you know, the selection of this position has been placed on hold to allow the permanent City Manager (once selected) to make this decision. In order to continue to ensure that the Department has the oversight and direction needed until a permanent Director is selected, I am recommending that Jay Fink be placed in an acting capacity for this position. Jay Fink has almost 20 years of public work experience. He has served in a number of municipalities ranging from small to some of the largest in the state of Massachusetts. From 1995 to 1998, Jay served the Town of Weymouth, MA, as the Sewer and Water Superintendent. During his tenure, he successfully addressed such important issues as drought conditions threatening the availability of potable water and overflowing sanitary sewers that dumped raw sewerage on the streets of a major square and in the tributary to an auxiliary water source. In 1998, Mr. Fink was hired as Utilities Director for the City of Newton, MA, where he was responsible for all facets of the Department of Public Works associated with the water, sewer, and drain divisions. Through cross training, planning and the development of standard operating procedures, Jay worked on the division becoming integrated and proactive. He developed the first municipal confined space entry program in the state, 172 operation and maintenance manual for the sanitary sewer system, which was used as a model by State regulators. Other procedures developed included a Public Works Emergency Response Manual and a Flood Mitigation Plan. In 2002, Mr. Fink became the Commissioner of Public Works for the City of Quincy, MA, where he immediately was faced with severe budget cuts. Despite the major fiscal challenges, through prudent management and a team approach, Jay assured that Public works services to the community were not impacted negatively. Some of his cost saving measures included the integration of the Traffic and Parking Divisions into the Department by consolidating support services, redefining job descriptions and duties through union negotiations, revamping the yard waste collection schedule, evaluating procurement procedures, and developing new payment measures for contracted services. In 2004, Jay accepted the position of Commissioner of Public Work for the City of Lynn, MA. He held this position for eight years until accepting the position with the City of Miami Beach as the Assistant Director of Public Works. While serving the City of Lynn, Jay had to deal with budget constraints and staff reductions due to the downward economy. He ensured that every opportunity to cut costs was evaluated including the monitoring of contracted services and competitive bidding. The results included the reduction of litter downtown, increasing the street signage, and addressing utility trenching throughout the City. Jay has been serving as the Assistant Director of Public Works for the City of Miami Beach since April of 2012. In his short tenure, he has assumed responsibility over the Fleet Management Division after the former Division Director retired. Assisted by the Administration and Business Officer, the Fleet Division continues to move forward and is in the process of implementing new initiatives. In early November 2012, when the Property Management Division Director was relieved of his duties, Jay was asked to assume these duties in addition to his other responsibilities. Jay also had an opportunity to participate with the City's Emergency Operations Team during Tropical Storm Isaac. Thus far, Jay has demonstrated that his year of diversified experience in the field of Public Works has enabled him to effectively manage challenging and unforeseen situations. CONCLUSION The appointment of Jay Fink as the Acting Director of the Public Works Department will ensure that the Public Works Department maintains the oversight and direction needed until a permanent Director can be selected by the permanent City Manager (once selected). By doing so, the City can continue its nationally and internationally recognized tradition of providing effective and efficient public works services and managing the City's infrastructure to ensure the safety, health and well being of all residents and visitors of the City. This temporary appointment will Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is recommended that the Mayor and City Commission adopt the resolution consenting and confirmi Jay Fink as the Acting Director of the Public Works Department. KGB/ T:\AGENDA\2013\March 13\JAY FINK Memo.docx 173 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE APPOINTMENT OF JAY FINK AS THE ACTING DIRECTOR OF THE PUBLIC WORKS DEPARTMENT FOR THE CITY OF MIAMI BEACH. WHEREAS, the City Manager has appointed Jay Fink as an Acting Director of the Public Works Department for the City of Miami Beach; and WHEREAS, pursuant to Article IV, Section 4.02 of the City of Miami Beach Charter, the City Manager has power to appointment directors of the City departments with the consent and conformance of the Mayor and the City Commission; and WHEREAS, the Mayor and the City Commission wish to consent to and confirm the appointment of Jay Fink as the Acting Director of the Public Works Department for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission have consented to and confirmed the appointment of Jay Fink as the Acting Director of the Public Works Department for the City of Miami Beach. PASSED and ADOPTED this __ day of-------' 2013. ATTEST: CITY CLERK T:\AGENDA\2013\March 13\JAY FINK Resolution.docx 174 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION '\~ -·~ COMMISSION ITEM SUMMARY Condensed Title: ·on accepting the recommendation of the Neighborhood/Community Affairs Committee at the 8, 2013 meetin to install a fence around the erimeter of the Rakow Youth Center Ia field. Key Intended Outcome Supported: Increase satisfaction with recreational programs Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 85% of residents rated the City's Recreation programs as either excellent or good. Item Summary/Recommendation: At the December 12, 2012, City Commission meeting, Commissioner Weithorn requested that a discussion concerning the placement of a fence along the perimeter of the Scott Rakow playfield be referred to the Neighborhoods Community Affairs Committee (NCAC). The discussion was subsequently held at the NCAC meeting held on January 28, 2013. Following a presentation by the Administration the Neighborhood/Community Affairs Committee members discussed the need for a fence to ensure the safety of the youth participating in the Rakow Youth Center programs while on the playfield (projected to be approximately 4' H x 160' L x 60' W. at very preliminary cost estimate and subject to modification for this fence, based on the Commission approved Invitation To Bid No. 40-11/12, for Fencing Services to be $16,500); the need to coordinate the timing of the fence installation with the Capital Improvement Projects Office to ensure it does not impede the project or get damaged during the planned construction of the Par 3 Golf Course; and the need to identify funding design, fabricate and install the fence, perhaps from unexpended contingency funds or other funds to be identified by the Administration. Prior to concluding the discussion the NCAC made the motion a fence should be installed around the perimeter of the Scott Rakow Youth Center playfield for the safety and security of the children using the field. The Administration recommends the resolution be approved. Advisory Board Recommendation: MOTION: The Scott Rakow Youth Center Advisory Board unanimously requests that the City install a fence around the Scott Rakow Youth Center playfield for the safety of the children that attend the Youth Center. Motion Date November 17 2011 I Passed Unanimously MOTION: The Parks and Recreational Facilities Advisory Board supports the Recommendation of the SRYC Advisory Board requesting the play area be fenced in light of safety and all issues. Motion Date: February 1, 2012/ Passed Unanimously Financial Information: Amount 1 $20,000 2 OBPI Total $20,000 Financial Impact Summary: Clerk's Office Le islative Trackin Kevin Smith, Parks and Recreation Director s· n-Offs: Department Director KS T:\AGENDA\2013\March 13\Comm. Summary-Accepting MlAMIBEACH 175 Account 011-0950-000349 y Manager KGB AGENDA ITEM ----'C-=7.-:....=£ __ DATE 3--13-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager /(tiJ DATE: March 13, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT THE JANUARY 28, 2013 COMMITTEE MEETING TO INSTALL A FENCE AROUND THE PERIMETER OF THE SCOTT RAKOW YOUTH CENTER PLAYFIELD ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs FUNDING Funding is available in the FY 12/13 Parks and Recreation Department Budget account 011- 0950-000349 (Other Contractual Services)-$20,000. These funds are budgeted each year for playground equipment repairs and maintenance. Parks and Recreation Department has reviewed their pending list of projects for the current fiscal year and is able to defer some of maintenance until the next fiscal year. INTRODUCTION At the December 12, 2012, City Commission meeting, Commissioner Weithorn requested that a discussion concerning the placement of a fence along the perimeter of the Scott Rakow playfield be referred to the Neighborhoods Community Affairs Committee (NCAC). The discussion was subsequently held at the NCAC meeting held on January 28, 2013. BACKGROUND On December 19, 2010, the City's grand re-opening ceremony of the Scott Rakow Youth Center took place with the long awaited ribbon cutting of the spectacular newly renovated Youth Center. It was previously noted that two (2) key recreational elements missing in the original design was a playground and an outdoor playfield. Throughout the planning, design and construction phases of the Youth Center, there were the discussions with various interested parties regarding the inclusion of a playground and playfield and the need for the playfield to be fenced in for the safety and security of the children. At the time of the design there was concern from 176 Commission Memorandum March 13, 2013 NCAC recommendation to install a fence on the perimeter of the Scott Rakow Youth Center playfield Page 2 of 3 the neighborhood regarding the fence, therefore the final design did include a playfield but did not include a fence around the perimeter to secure it. Since opening the field, the Scott Rakow Youth Center staff has diligently attempted to supervise the small play-field area by requesting patrons, throughout the day, with either unleashed dogs on the Par 3, or golfers to leave the play-field. Staff has reported that there is confusion by residents and users when dog owners walk the area, or allow their dogs run loose in and around the play-field. Since there is no separation or designation, it is assumed by users that land is part of the Par 3 Golf Course and open for use. This inability to control access has resulted in dogs off leash running up to children on the playfield in an aggressive or intimidating manner or to grab the ball the children may be playing with, children stepping in dog feces (which poses health and cleanliness issues), and additional maintenance required to clean up the feces before the children can use the field. The safety, security and health issues facing the children playing on the unfenced designated field at the Rakow Center due to the dogs off-leash or dog owners walking their dogs on leash but failing to clean-up after their animal is similar to those faced by patrons of South Pointe Park as a result of the dogs running off-leash. ANALYSIS The need for a fence to be installed around the perimeter of the Scott Rakow Youth Center playfield was discussed by the members of the NCAC at the committee's January 28, 2013 meeting. At the meeting the Committee was provided an agenda item prepared by the Administration that included the following motions passed by the Parks and Recreation Department's Advisory Boards and the preliminary estimate of the cost to fabricate and install a fence around the premier of the playfield. Parks and Recreation Department's Advisory Boards Actions Pursuant to the issues mentioned above, the Scott Rakow Youth Center Advisory Board, at its November 17, 2011 meeting approved a motion, which was subsequently forwarded to the Commission via an LTC, dated February 3, 2012, and which was subsequently reviewed by the Parks and Recreational Facilities Advisory Board who approved their own motion, and a second LTC was then presented to Commission on the same subject. The two motions were as follows: MOTION: The Scott Rakow Youth Center Advisory Board unanimously requests that the City install a fence around the Scott Rakow Youth Center playfield for the safety of the children that attend the Youth Center. Members Present -Jeff Gordon, Paul Stein, Jeff Graff, Dana Turken, Stephanie Rosen and Esther Egozi Choukroun Motion Date November 17 2011 Motion Made By Jeff Gordon Motion Seconded By Dana Turken Motion Passed Unanimously MOTION: The Parks and Recreational Facilities Advisory Board supports the 177 Commission Memorandum March 13, 2013 NCAC recommendation to install a fence on the perimeter of the Scott Rakow Youth Center playfield Page 3 of 3 Recommendation of the SRYC Advisory Board requesting the play area be fenced in light of safety and all issues. Members Present-Amy Rabin, Meryl Wolfson, Harriet Halpryn, Rebecca Boyce, Leslie Graff and Jonathan Groff Motion Date: February 1, 2012 Motion Made By Jonathan Groff Motion Seconded By Meryl Wolfson Motion Passed Unanimously Preliminary Fence Cost It is currently estimated that an aluminum ornamental picket fence around the perimeter of the Scott Rakow Youth Center playfield would be approximately 4' H x 160' L x 60' W. A very preliminary cost estimate for this fence, based on the Commission approved Invitation To Bid No. 40-11/12, for Fencing Services For Various City Departments for the design, fabrication and installation is $16,500. Again, this is a preliminary estimate and maybe subject to modification. Committee Discussion Following a brief presentation by the Administration the Neighborhood/Community Affairs Committee members held a discussion that focused on the need for a fence to ensure the safety of the youth participating in the Rakow Youth Center programs, the need to coordinate the timing of the fence installation with the Capital Improvement Projects Office to ensure it does not impede the project or get damaged during the construction planned construction of the Par 3 Golf Course program, and the identification of the funding needed to construct and install the fence, perhaps from unexpended contingency funds or other funds to be identified by the Administration. Prior to the conclusion of the discussion the NCAC members unanimously approved a motion recommending that a fence should be installed around the perimeter of the Scott Rakow Youth Center playfield for the safety and security of the children using the field. CONCLUSION The Administration recommends the motion of the NCAC at the January 28, 2013 meeting to install a fence around the perimeter of the Scott Rakow Youth Center playfield for the safety and security of the children using the field be approved. KGB/MAS/KS T:\AGENDA\2013\March 13\Comm. Memo. Accepting NCAC recommendation-Rakow Fence.doc 178 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS JANUARY 28, 2013 MEETING TO INSTALL A FENCE AROUND THE PERIMETER OF THE SCOTT RAKOW YOUTH CENTER PLAYFIELD. WHEREAS, at the December 12, 2012, City Commission meeting, Commissioner Weithorn requested that a discussion concerning the placement of a fence along the perimeter of the Scott Rakow playfield be referred to the Neighborhood/Community Affairs Committee (NCAC); and WHEREAS, on December 19, 2010, the City's grand re-opening ceremony of the Scott Rakow Youth Center took place with the long-awaited ribbon cutting of the spectacular newly renovated Youth Center; and WHEREAS, it was previously noted that two (2) key recreational elements missing in the original design was a playground and an outdoor playfield; and WHEREAS, throughout the planning, design and construction phases of the Youth Center, there were discussions with various interested parties regarding the inclusion of a playground and playfield and the need for the playfield to be fenced-in for the safety and security of the children, however, there was concern from the neighborhood regarding the fence, therefore the final design did include a playfield, but did not include a fence around the perimeter to secure it; and WHEREAS, since opening the playfield, the Rakow Youth Center staff has diligently attempted to supervise the small playfield area by requesting patrons, throughout the day, with either unleashed dogs on the Par 3 or golfers to leave the playfield; and WHEREAS, the inability to control access has resulted in dogs off-leash running up to children on the playfield in an aggressive or intimidating manner or to grab the ball the children may be playing with, children stepping in dog feces (which poses health and cleanliness issues), and additional maintenance required to clean up the feces before the children can use the field; and WHEREAS, the need for a fence to be installed around the perimeter of the Scott Rakow Youth Center playfield was discussed by the members of the NCAC at the Committee's January 28, 2013 meeting; and WHEREAS, at the January 28, 2013 meeting, the Committee was provided an agenda item prepared by the Administration that included the motions passed by Scott Rakow Youth Center Advisory Board and the Parks and Recreation Department's Advisory Board supporting the installation of a fence for the safety and security of the youth using the Rakow playfield and the preliminary estimate of the cost to fabricate and install a fence around the perimeter of the playfield; and 179 WHEREAS, following a brief presentation by the Administration the Neighborhood/Community Affairs Committee members held a discussion that focused on the need for a fence to ensure the safety of the youth participating in the Rakow Youth Center programs, the need to coordinate the timing of the fence installation with the Capital Improvement Projects Office to ensure it does not impede the project or get damaged during the construction planned construction of the Par 3 Golf Course program, and the identification of the funding needed to construct and install the fence, perhaps from unexpended contingency funds or other funds to be identified by the Administration; and WHEREAS, prior to the conclusion of the discussion, the NCAC members unanimously approved a motion recommending that a fence should be installed around the perimeter of the Scott Rakow Youth Center playfield for the safety and security of the children using the field; and WHEREAS, the Administration recommends that the City Commission accept the recommendation of the NCAC at its January 28, 2013 meeting to install a fence around the perimeter of the Scott Rakow Youth Center playfield for the safety and security of the children using the field. 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 Neighborhood/Community Affairs Committee approved at its January 28, 2013 meeting to install a fence around the perimeter of the Scott Rakow Youth Center playfield. PASSED and ADOPTED this----day of March, 2013. ATTEST: RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR T:\AGENDA\2013\March 13\Reso.-NCAC recommendation-Rakow Fence.doc 180 COMMISSION ITEM SUMMARY Title: A Resolution OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida Approving, Pursuant To Section 2-367 (d) Of The Miami Beach City Code, The Sole Source Purchase Of Beach Access Accessibility "Mobi-Mats" From Deschamps Mat Systems, Inc. {d.b.a. OMS), The Exclusive Distributor Of The Access Mats, In The Annual Estimated Amount Of $86,731.68, For A Period Of 3 Three Years. Ke Outcome orted: Supporting Data (Surveys, Environmental etc.): Not available Item Summary/Recommendation: Each year the City participates in Miami-Dade County's Parking Fines Reimbursement Program. The Program is based on Section 316.008, Florida Statutes, and Section 30-447 of the Code of Miami-Dade County, which authorizes the charging of fines for misuse of specially marked parking spaces for people with disabilities. A portion of the proceeds from the Parking Fines Reimbursement Program is provided to the City by Miami-Dade County for projects that benefit people with disabilities, in accordance with the lnterlocal Agreement entered into by the City and the County on June 25, 2008. The City of Miami Beach Disability Access Committee {"the Committee") meets monthly to discuss ADA compliance issues throughout the City. The Committee recommended in 2008 the purchase of Mobi-Mats by Deschamps Mats Systems, Inc. (OMS) with the proceeds from the Miami-Dade County's Parking Fines Reimbursement Program, including locations that the mats would best serve the public. Mobi-Mat is a durable, outdoor, lightweight access matting system. Mobi-Mat is designed to easily remove its anchoring system, roll up and store during turtle nesting season, hurricanes and occasional uses such as special events. The Mobi-Mats will make beach area accessible and meet ADA and Disabled Discrimination Act ("DDA") requirements. The Mobi-Mat's durable material made of 100% polyester filament withstands the environmental elements, extensive pedestrian traffic, and will assist in protecting sensitive dunes. Wear and tear on the Mobi-Mats requires annual replacement of many of the mats. Mobi-Mats are only available for purchase from OMS (see attached sole source letter). However, in its due diligence, on February 11, 2013, the Procurement Division issued an "Intent to Award Pursuant to Sole Source Exemption" notifying interested parties that the City intended to make a non-competitive award for the acquisition of the Mobi-Mats. No responses were received. Miami-Dade County also recently compared the Mobi-mat to other products, and proceeded with the sole source purchase of the Mobi-Mat. ADOPT THE RESOLUTION. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 $76,650.74 2013 ADA Compliance Grant Fund Acct No. 170-6958-000342 ,,/5~ 2 $ 9,477.87 2011 ADA Compliance Grant Fund Acct No. 170-6954-000342 3 $ 603.07 2010 ADA Compliance Grant Fund Acct No. 170-6961-000350 OBPI Total 68 Financial Impact Summary: ITEM ____ _ 181 DATE --"'"----'-"""----"""::.._ ttl MIAMIBEACH ,.., City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the C}Commission Kathie G. Brooks, Interim City Manager /A r ' March 13, 2013 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING, PURSUANT TO SECTION 2-367 {d) OF THE MIAMI BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF BEACH ACCESS ACCESSIBILITY "MOBI-MATS" FROM DESCHAMPS MAT SYSTEMS, INC. (D.B.A. OMS), THE EXCLUSIVE DISTRIBUTOR OF THE ACCESS MATS, IN THE ANNUAL ESTIMATED AMOUNT OF $86,731.68, FOR A PERIOD OF (3) THREE YEARS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure safety and appearance of building structures and sites. FUNDING Funding in the amount of $86,731.68 will be provided from the following accounts: $76,650.7 4-2013 ADA Compliance Grant Fund Account No. 170-6958-000342 $ 9,477.87-2011 ADA Compliance Grant Fund Account No. 170-6954-000342 $ 603.07-2010 ADA Compliance Grant Fund Account No. 170-6961-000350 $86,731.68 Should additional funding be required for the purchase of more Mobi-Mats, it would be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND Each year the City participates in Miami-Dade County's Parking fines Reimbursement Program. The Program is based on Section 316.008, Florida Statutes, and Section 30-447 of the Code of Miami- Dade County, which authorizes the charging of fines for misuse of specially marked parking spaces for people with disabilities. On June 25, 2008, the City of Miami Beach entered into a new lnterlocal Agreement with Miami-Dade County for the distribution of these funds. A portion of the proceeds from the Parking Fines Reimbursement Program is provided to the City by Miami-Dade County for projects that benefit people with disabilities, in accordance with the lnterlocal Agreement. The City of Miami Beach Disability Access Committee ("the Committee") meets monthly to discuss ADA compliance issues throughout the City. The Committee recommended in 2008 the purchase of the Mobi-Mats, and locations the mats would best serve the public. It was determined they should be initially installed on the beach at street ends, with disabled parking, on 4th, 5th, 10th, 14th, 21st and 35th streets. 182 Sole Source Purchase of Mobi-Mats Commission Memorandum March 13, 2013 Page 2 The Committee recommends the purchase and location of additional Mobi-Mats as the need arises. The Mobi-Mats will make beach area accessible and meet ADA and Disabled Discrimination Act ("DDA") requirements. The Mobi-Mat's durable material made of 100% polyester filament withstands the environmental elements, extensive pedestrian traffic, and will assist in protecting sensitive dunes. Wear and tear on the Mobi-Mats requires annual replacement of many of the mats. ANALYSIS "Mobi-Mat" by Deschamps Mats Systems, Inc. (OMS) is a durable, outdoor, light-weight access matting system. The only other products on the market that resemble Mobi-Mat are the roll-up walkways that are made of heavy plastic lath. Mobi-Mat is designed to easily remove its anchoring system, roll up and store during turtle nesting season, hurricanes and occasional uses such as special events. Mobi-Mats are only available for purchase from OMS (see attached sole source letter). However, in its due diligence, on February 11, 2013, the Procurement Division issued an "Intent to Award Pursuant to Sole Source Exemption" notifying interested parties that the City intended to make a non-competitive award for the acquisition of the Mobi-Mats. No responses were received. Additionally, Miami-Dade County also recently compared the Mobi-mat to other products, Port-O- Path and Event-Deck, and proceeded with the sole source purchase of the Mobi-Mat because it requires less labor for the installation and removal, can be used for short and long term installations, it is easily portable, and it can be removed upon need, to different locations hosting special events, or due to hurricane/weather threats. Other municipalities that have purchased the Mobi-Mats include Hollywood Beach, St. Petersburg, Ft. Myers Beach, Lee County and Sarasota County. The price of the Mobi-Mats (model KIT Mobi Mat® RecPath Mobi -Type AFX) is $1 ,814 for a 33 feet long by 60 inches wide mat and $2,738 for a 50 feet long by 60 inches wide mat. See attached price list and quote for the quantities required. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve, pursuant to Section 2-367 {d) of the Miami Beach City Code, the sole source purchase of beach access accessibility "Mobi-mats" from Deschamps Mat Systems, Inc. (d.b.a. OMS), the exclusive distributor of the access mats, in the annual estimated amount of $86,731.68, for a period of (3) three years. T:\AGENDA\2013\March 13\Mobi-mats Sole Source MEMO.doc 183 February 11th, 2013 .. n To Whom It May Concern: '" . ..., •• u ...... and certify that the accessibility beach access mats, sold on the US under the brand name "Mobi-Mat" are exclusively distributed by Deschamps 1v1ats Systems (dba DMS), which is wholly owned US u ... ,,. ... u.<u Y of the French Deschamps located the town of La Couronnet France. in New Jersey, at 218 Little Falls Road, unit 7, Cedar ,.,.,..,,.-,r.,,... and is acting as the exdusive importer distributor of the United &'tates. Mobi-Mats can solely purchased from Deschamps Mat Systems (DMS) and obtained through any source. We are Florida by Agent, Mr. Jeff located Sarasota, (External). All purchases are made directly to Deschamps Mat Systems (DMS) at our US Headquarters in New Jersey. Should you any additional questions or clarification is needed, please do not hesitate to contact our office at~ 973 928 or email to our customer assistant@mobi-mats-dms.com. You can also reach me at: lhiercy.darche@mobi~ma,t-dms.com 184 2013 PRICE LIST (r) AGISRITD Mobi-Mat® RecPath & Vehicle Mobility Mat in1at DEB Safety Edges DESCHAMPS MAT SYSTEMS Connection System r•Jlobl-Mat'll· RecPattl and VMM Type A2X are recommended for pedestrians, light & medium weight vehicles LncL wheelchHirs, strollers, bicycles, A TV's, golf carts and autos. Mob!-Mat® RecPath TypH A2X DL is recommended tor both barefoot pedestrians and wheelchair users-espec1aliy des!gned for beach appik..ations. Mobi-Mat@ f~ecPatr1 Type AFX is recommended for any type of ground surface and applicaUorL Mobi-Chair Mobi-Chair is an amph~bious beactl wheelchair that allows its user to transition seamlessly frorn the boardwalk--to the beach-and into the watHr. ~Pricing doesn't include sflipping cosis. , A Kit contains everything you need to install our products, Deschamps Mats Systems, Inc.-218 Little Falls Road. Suite 7-Cedar Grove, NJ 07009. USA I Ph: 1-973 928 3040 I www.mobi-mat.com 185 Mat.,.,,..,,.,.,......, Inc. 218 little Falls Rd Unit 7 Cedar NJ 07009 USA OMS Cage Code GSA Schedule DMSTIN 191800 Place & date : Name: Stamp & Signature : 3N2Z7 #GS-07F-0316L 06-1633055 13-01-1468-TD 17-Jan-13 Color: Blue Dimensions : 33' long X 60 inches wide Delivered with bichromated steel staples pack Delivered with aluminum "beach sign" KIT Mobi-Mat® RecPath -Type AFX Color: Blue Dimensions : 50' long X 60 inches wide Delivered with bichromated steel staples pack Delivered with aluminum "beach sign" 186 City of Miami Beach Property Management Office Attn: larry Gardner 1245 Michigan Avenue Miami Beach, Fl33139 Tel.: 305-673-7632 (Ext 2980) Cell: 786-376-8200 21 $ 2,738.00 $ $ 2,023.68 $ Total amount due $ INCOTERM: FOB Miami Beach, Fl33139- imat 57,498.00 2,023.68 86,731.68 RESOLUTION TO BE SUBMITTED 187 THIS PAGE INTENTIONALLY LEFT BLANK 188 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The Joint Participation Agreement, Executed On October 17, 2012, With The Florida Department Of Transportation, For The Construction Of Drainage Improvements As Part Of The State Road 907/Aiton Road Project At 1 01h Street. Key Intended Outcomes Supported: Ensure well maintained infrastructure Supporting Data-N/A Issue: Shall the Mayor and City Commission Approve the Resolution? Item Summary/Recommendation: The Florida Department of Transportation (FOOT) is planning construction improvements on Alton Road/State Road (SR) 907. Project construction is scheduled to begin in April 2013 and be completed in July 2015. The Project will include significant drainage improvements a stormwater pump station at 1 01 h Street. As a separate project, in March 2012 the City will be constructing a new seawall and street-end improvements at 101h Street west of Alton Road. In an effort to ensure coordination between the FOOT project and City project and minimize the construction impacts to residents along 1 01 h Street, a JPA between FOOT and the City was approved by the City Commission on September 12, 2012 and executed on October 17 2012. The JPA with FOOT allows the City to incorporate the proposed FOOT drainage elements along 1 o1h Street (at FOOT's cost) as part of the City's 1 01 h Street project, thus ensuring that the City's 1 01 h Street improvements are not disturbed by the subsequent Alton Road project. The JPA executed on October 17, 2012, provided that FOOT fund $64,185 to cover the portion of construction along 1 01h Street pertaining to the Alton Road project. On November 27, 2012 the City issued an Invitation to bid for the Project. The bid was open until December 28, 2012. Following the bidding process the prices obtained were higher than those estimated in the JPA. The Amendment to the JPA will increase the total amount funded by FOOT from $64,185 to $194,190.30 and extend the contract term from April1, 2013 to April 1, 2014. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION Advisory Board Recommendation: N/A Financial Information: Source of funds # Amount Account Approved I I Financial Impact Summary: Funding for this project is recommended in the Fiscal Year 2012/13 Capital Improvement Program Budget Cit Clerk's Office Le islative Trackin : Elizabeth S. Wheaton, Environmental Resources Manager, Ext.6121 Assist T:\AGENDA\2013\March 13\FDOT JPA AMendment-1Oth Street SUMM.doc MIAMI BEACH 189 anager KGB AGENDA ITEM ___:C=:.._7--,;G-__ DATE 3-/3-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager/~~ March 13, 2013 DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT, EXECUTED ON OCTOBER 17, 2012, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON S.R. 907/ALTON ROAD AT 10th STREET. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. FUNDING Funding for this project is recommended in the Fiscal Year 2012/13 Capital Improvement Program Budget. BACKGROUND The Florida Department of Transportation (FOOT) is planning construction improvements on Alton Road/State Road (SR) 907. Project construction is scheduled to begin in April 2013 and be completed in July 2015. The Project will include significant drainage improvements a stormwater pump station at 1oth Street. As a separate pro~ect, in March 2012 the City will be constructing a new seawall and street-end improvements at 1 ot Street west of Alton Road. In an effort to ensure coordination between the FOOT project and City project and minimize the construction impacts to residents along 10th Street, a JPA between FOOT and the City was approved by the City Commission on September 12, 2012 and executed on October 17, 2012. The JPA with FOOT allows the City to incorporate the proposed FOOT drainage elements along 1oth Street (at FOOT's cost) as part of the City's 1oth Street project, thus ensuring that the City's 1oth Street improvements are not disturbed by the subsequent Alton Road project. 190 Commission Memorandum-FDOT JPA Amendment-10 Street March 13, 2012 Page 2 of 2 ANALYSIS The JPA executed on October 17, 2012, provided that FOOT fund $64,185 to cover the portion of construction along 1 01h Street pertaining to the Alton Road project. On November 27, 2012 the City issued an Invitation to bid for the Project. After the bids were opened, the prices for the work were higher than those provided in the JPA. To make up the price difference, the Amendment to the JPA will increase the total amount funded by FOOT from $64,185 to $194,190.30 and extend the contract term from April 1, 2013 to April 1, 2014. CONCLUSION The Administration strongly believes that the proposed stormwater drainage improvements to be constructed as part of the FOOT Alton Road Project are critical to the sustainability and quality-of-life of the City. The Amendment to the JPA will increase the total amount funded by FOOT and extend the contract term with FOOT from April 1, 2013 to April 1, 2014. As such, the Administration recommends approving the Resolution authorizing the Amendment with FOOT. Attachment: Joint Participation Agreement Amendment JGG/FHB/JJF/RWS/ESW T:\AGENDA\2013\March 13\FDOT JPA Amendment-10th Street MEMO.doc 191 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 AN AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT, EXECUTED ON OCTOBER 17, 2012, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON S.R. 907/AL TON ROAD AT 10th STREET. WHEREAS, the Florida Department of Transportation (FOOT) is planning to construct improvements on Alton Road/State Road (S.R.) 907 from 51h Street to Michigan Avenue (Project); and WHEREAS, the Project will improve the quality-of-life along the Alton Road corridor by including construction of watermain and stormwater drainage improvements along Alton Road and intersecting side streets which will help alleviate flooding along Alton Road and enhance the City's utility infrastructure system; and WHEREAS, a Joint Participation Agreement (JPA) with the FOOT is necessary to allow the City to construct the proposed FOOT drainage elements along 1 01h Street (at FOOT's cost) as part of the City's 1 01h Street Seawall and Street-End project, thus ensuring that the City's 1 01h Street improvements are not disturbed by the subsequent Alton Road Project; and WHEREAS, on October 17, 2012 a JPA was executed with the FOOT for the construction of drainage improvements of S.R. 907/Aiton Road at 101h Street in the total amount of Sixty Four Thousand One Hundred Eighty Five Dollars ($64, 185.00) for the project costs; and WHEREAS, it is necessary to increase the total Contract amount by One Hundred Thirty Thousand Five Dollars and Thirty Cents ($130,005.30) to provide additional dollars needed to fully fund the FOOT's share of project costs; and WHEREAS, the contract term will be extended from April 1, 2013 to April1, 2014; and WHEREAS, the invoicing shall be modified to reflect 120 days after the extended contract term of April1, 2014, which will be amended to July 30, 2014; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute an amendment to the Joint Participation Agreement, exectured on October 17, 2012, with the State of Florida Department of Transportation, for the construction of drainage improvements on S. R. 907/Aiton Road at 1 01h Street. PASSED AND ADOPTED THIS ___ DAY OF ___ ...... 2013. ATTEST: MAYOR CITY CLERK T:\AGENDA \2013\March 13\FDOT JPA Amendment -10 Street RESO.docx 192 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION AMENDMENT ONE TO JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI BEACH This Amendment One to that certain Joint Participation Agreement AQT20, executed on October 17, 2012 (the "Contract"}, incorporated herein by reference, between the City of Miami Beach, a municipal corporation of the State of Florida ("CITY"), and the State of Florida Department of Transportation, a component agency of the State of Florida ("DEPARTMENT"), for the construction of drainage improvements on S. R. 907 /Alton Road at 1 01 h Street, programmed under Financial Project Number 249911-4-58-01 ("PROJECT"), is entered into this __ day of , 20_. RECITALS: WHEREAS, the Contract was entered into by both parties pursuant to the approval of the DEPARTMENT and of the CITY Commission by Resolution No. 2012-27994, adopted on September 12, 2012, in the total amount of Sixty Four Thousand One Hundred Eighty Five Dollars ($64,185.00) for the PROJECT costs; and WHEREAS, it is necessary to increase the total Contract amount by One Hundred Thirty Thousand Five Dollars and Thirty Cents ($130,005.30) to provide additional dollars needed to fully fund the DEPARTMENT's share of PROJECT costs as identified in the attached Exhibit 'A1', 'Amended Financial Summary', which is herein incorporated by reference; and WHEREAS, Section 2(c) in the General Requirements and Section 8, Expiration of Agreement, shall be amended to extend the Contract term from April 1, 2013 to April 1, 2014; and WHEREAS, Section 9, Invoicing, shall be modified to reflect 120 days after the extended Contract term of April 1, 2014, which will be amended to July 30, 2014; and WHEREAS, the CITY Commission has adopted Resolution No. on , 20_, to approve the PROJECT increase in the total Contract amount from $64,185.00 to $194,190.30 and extend the contract term from April 1, 2013 to April 1, 2014. NOW, THEREFORE, for the considerations hereinafter set forth: The Contract dated October 17, 2012, is hereby amended as follows: Financial Provisions shall be increased by an amount not to exceed One Hundred Thirty Thousand Five Dollars and Thirty Cents ($130,005.30). The contract total shall not exceed One Hundred Ninety Four Thousand One Hundred Ninety Dollars and Thirty Cents ($194,190.30). Section 2(c) and 8 shall extend the Contract term to April 1, 2014. Section 9 shall extend the final invoice submittal to July 30, 2014. Exhibit "A" shall be supplemented by the increased amount of One Hundred Thirty Thousand Five Dollars and Thirty Cents ($130,005.30), as detailed in the attached Exhibit 'A1'. -------------REMAINDER OF PAGE LEFT BLANK INTENTIONALLY--------- 1 193 All other terms and conditions of the Contract are in effect and remain unchanged. CITY OF MIAMI BEACH: By:~~~------------------------City Manager ATTEST: (SEAL) By: ____________________________ __ City Clerk LEGAL REVIEW By: _L_-\___;;;;;__Q,.......'l:~:::;......·._\-____ _ r City Attorne~~ STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: By:~~~~~------------------- District Secretary ATTEST: (SEAL) By: ____________________________ _ Executive Secretary LEGAL REVIEW: By: ____________________________ _ District Chief Counsel 2 194 EXHIBIT 'A1' AMENDED FINANCIAL SUMMARY 1Oth Street Intersection ------------------------------- ' Box Culvert Outfall TENANCE OF TRAFFIC E AND DISPOSE UNSUITABLE L RY SHEETING AND SHORING AND RING LIMEROCK BOULDER REVETMENT DESCRIPTION 134 16 UNIT PRICE $33,700.00 $271,000.00 $14 000.00 TOTAL PROJECT COST *Department's responsibility of the pay item. 3 195 AMOUNT $46 612.00 $2 408.00 $4.30 $997.60 $10 976.00 $2 760.00 $75 060.00 $2 540.00 $2,680.00 $42 .00 $1,856.00 COST $194190.30 $194190.30 THIS PAGE INTENTIONALLY LEFT BLANK 196 COMMISSION ITEM SUMMARY Condensed Title: Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee To Execute An Amendment To The Lease Between The City And Damian J. Gallo & Associates, Inc. D/B/A Permit Doctor For An Additional Use Of The Ground Floor Retail Space Located At 1701 Meridian Avenue, Unit 4 (a/kla 775 17'h Street) Key Intended Outcome Supported: Not Applicable Supporting Data (Surveys, Environmental Scan, etc.): Not Applicable Issue: Shall the City agree to an Amendment to The Lease with Damian J. Gallo & Associates, Inc. d/b/a Permi Doctor. Item Summary/Recommendation: On May 13, 2009, the Mayor and City Commission passed Resolution No. 2009-27071, approving a Consent to Assignment and Assumption of Lease Agreement whereby the Dade County Federal Credit Union assigned its lease to Damian J. Gallo & Associates, Inc. d/b/a Permit Doctor ("Tenant") and certain terms and conditions of the Lease Agreement were modified. The lease automatically renewed on February 1, 2011 and expires on January 30, 2016, with no additional renewal options. Pursuant to the Lease, the Demised Premises shall be used by Tenant solely for the purpose(s) of providing building plan and permit processing services. The Tenant has requested permission to expand the use of the Demised Premises to include a cafe in a portion of space, to be separated by partition walls from the space which Tenant will continue to operate its plan and permit processing services. The Tenant further requested to use the outdoor walkway, immediately outside and to the east of the Premises, as an outdoor eating area. From a Landlord/Proprietary perspective, the tenant mix at 1701 Meridian Avenue is more conducive to a cafe than to a plans/permitting processor's office. The use of the outdoor area in the City Hall complex is new but is comparable to other outdoor concession/lease agreements with the City such as Smith & Wollensky, Syanna and Cinematheque. At its January 24, 2013 meeting, the Finance and Citywide Projects Committee recommended in favor of allowing the Tenant to use the Demised Premises for the dual purpose of plan/permit processing services (d/b/a Permit Doctor) as well as a cafe, subject to regulatory approvals at every level. Furthermore, it was recommended that the Tenant negotiate with legal to use the outdoor space for an eating area, and that any such agreement should be subject to the City having the right to revoke said agreement. 24,2013 Financial Information: Source of Amount Funds: 1 n/a Financial Impact Summary: islative Trackin irector Actin MA KGB/MAS/AP/MM T:IAGENDA\2013\March 13\Damian J. Gallo Lease Amendment SUM (3-13-13).docx MIAMI BEACH 197 Account Interim Ci KGB AGENDA ITEM c 7 H DATE 3-/3,/J (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti H. Bower and Members of the City C Kathie Brooks, Interim City Manager March 13, 2013 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO ACCEPT THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DAMIAN J. GALLO & ASSOCIATES, INC. D/B/A PERMIT DOCTOR, DATED JULY 30, 2003, INVOLVING THE USE OF APPROXIMATELY 1,269 SQUARE FEET OF GROUND FLOOR RETAIL SPACE LOCATED AT 1701 MERIDIAN AVENUE, UNIT 4 (A/KIA 775 17TH STREET), MIAMI BEACH, FLORIDA; SAID AMENDMENT AUTHORIZING AN ADDITIONAL USE OF THE PREMISES AND FURTHER AUTHORIZING THE CITY TO NEGOTIATE A CONCESSION AGREEMENT ALLOWING FOR AN OUTDOOR EATING AREA, ADJACENT TO THE LEASED PREMISES ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On July 30, 2003, the Mayor and City Commission passed Resolution No. 2003-25298 approving a Lease Agreement between the City and the Miami Beach Federal Credit Union for the use of approximately 1,350 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 4 (a/kla 775 1 ih Street), Miami Beach, Florida for use as a federal credit union. On January 11, 2006, the Mayor and City Commission passed Resolution No. 2006-26087 approving a Consent to Assignment and First Amendment to Lease Agreement whereby the Miami Beach Federal Credit Union assigned its lease to the Dade County Federal Credit Union and certain terms and conditions of the Lease Agreement were modified, including amending the Term to commence on February 1, 2006 and expire on January 31, 2011, with one automatic extension option for a period of four (4) years and 364 days. On May 13, 2009, the Mayor and City Commission passed Resolution No. 2009-27071, approving a Consent to Assignment and Assumption of Lease Agreement whereby the Dade County Federal Credit Union assigned its lease to Damian J. Gallo & Associates, Inc. d/b/a Permit Doctor ("Tenant") and certain terms and conditions of the Lease Agreement were modified, including correcting the square footage of the Demised Premises, which is 1 ,269 square feet of ground floor retail space (not 1 ,350 square feet). The lease automatically renewed on February 1, 2011 and expires on January 30, 2016, with no additional renewal options. As stated in Section 7.1 of the Lease Agreement, the Demised Premises shall be used by Tenant solely for the purpose(s) of providing building plan and permit processing services. The Tenant has requested permission from the City to expand the use of the Demised Premises to include a cafe in 198 Commission Memorandum MDGLCC Foundation, Inc. Lease Amendment March 13, 2013 Page 2 of 2 approximately the eastern 2/3 portion of space, to be separated by partition walls from the space which Tenant will continue to operate its plan and permit processing services (d/b/a Permit Doctor). Furthermore, Tenant has requested to use the outdoor walkway, immediately outside and to the east of the Premises (perpendicular to the 1 th Street sidewalk), as an outdoor eating area, containing four tables/umbrellas and eight chairs. A plan of the proposed Permit Doctor I cafe space, and the outdoor eating area which was prepared by Tenant, is attached hereto and marked "Attachment 1". A photograph of the existing adjacent outdoor space is also attached for your review and consideration and marked "Attachment 2." ANALYSIS The proposed cafe would cater to pedestrians along 1 th Street as well as visitors to the convention center during special events. From a Landlord/Proprietary perspective, the tenant mix at 1701 Meridian Avenue is more conducive to a cafe than to a plans/permitting processor's office. The current waxing salon, massage franchise, and hair-drying salon all better function with an ancillary cafe/snack shop than with the current office use. The use of the outdoor area in the City Hall complex is new but is comparable to other outdoor concession/lease agreements with the City such as Smith & Wollensky, Syanna and Cinematheque. Tenant is currently paying a market rental rate of $36.63 per square foot, on a triple net basis. The other three retail tenants at 1701 Meridian Avenue currently pay a triple net rental rate ranging from $27.60 -$38.36 per square foot. In addition to base rent, the retail tenants at 1701 Meridian pay operating expenses (including maintenance, insurance and real estate taxes) in the amount of approximately $13.00 per square foot. At its January 24, 2013 meeting, the Finance and Citywide Projects Committee (FCWPC) recommended in favor of allowing the Tenant to use the Demised Premises for the dual purpose of plan/permit processing services (d/b/a Permit Doctor) as well as a cafe, subject to regulatory approvals at every level. Furthermore, it was recommended that the Tenant negotiate with the City for the use of the outdoor space for an eating area. Any resulting agreement will be subject to the City having the right to revoke said agreement and will be subject to all regulatory approvals, and will include provisions for a return to the City, comparable to what has been negotiated with other tenants for similar circumstances. Therefore, if the Commission accepts the recommendation of the FCWPC, then a separate Concession Agreement will be negotiated for the outdoor space, including provisions for the greater of a minimum guaranteed fee to the City which will be based on sales projections, or 15% of gross sales. This is consistent with the terms and conditions recently negotiated and approved for Cinematheque at 1130 Washington Avenue. CONCLUSION AND RECOMMENDATiON The Administration recommends that the Mayor and City Commission accept the recommendation of the FCWPC to execute an Amendment to the Lease Agreement with Damian J. Gallo & Associates, Inc. d/b/a/ Permit Doctor to allow for an additional use of the Premises, and further authorize the Administration to negotiate a separate Concession Agreement allowing for an outdoor eating area, adjacent to the Leased Premises. KGB\MAS\AP\MM Attachment T:\AGENDA\2013\March 13\Damian J. Gallo Lease Amendment MEM (3-13-13).docx 199 ATTACHMENT 1 17TH ST PROPOSED PLAN SCAU::l/4"~1'-0" 200 ' ' ', fS / ' / " ' 7 ~- ,/ ' /, ' I I '\ I I L __ _; [ RESOLUTION TO BE SUBMITTED 204 COMMISSION ITEM SUMMARY Condensed Title: Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee To Execute An Amendment To The Lease Between The City And MDGLCC Foundation, Inc. Providing For A Rent Reduction For The Use Of Office Space Located At 1130 Washington Avenue, 1st Floor North Key Intended Outcome Not Applicable e· ......... rting Data (Surveys, Environmental Scan, etc.): •v• "'1-'1-'licable Issue: I Shall the City agree to an Amendment to The Lease with MDGLCC Foundation, Inc. Item Summary/Recommendation: On March 10, 2010, the Mayor and City Commission passed Resolution No. 2010-27354, approving a Lease Agreement between the City and MDGLCC Foundation, Inc. ("MDGLCC") for the use of approximately 2,543 square feet of City-owned property, located at 1130 Washington Avenue, 1st Floor North, Miami Beach, Florida. On October 30, 2012, MDGLCC submitted a letter to the City describing certain problems with the building due to its age, as well as certain maintenance and repair issues. MDGLCC has expressed a need for a rent reduction in order to offset the cost of hiring additional staff, increase its hours of operation, and broaden its advertising. MDGLCC currently pays annual rent in the amount of $20.56 per square foot, payable in monthly installments of $4,357, consisting of $2,062 for base rent ($9. 73/sf), $1,950 for common area maintenance ($9.20/sf) and $345 for insurance ($1.63/sf). MDGLCC requested a rent reduction from $4,357 monthly to $2,500 monthly, representing a reduction in rent from $20.56 per square foot to $11.80 per square foot. At its January 24, 2013 meeting, the Finance and Citywide Projects Committee recommended in favor of granting Tenant's request for a rent reduction from $20.56/sf to $11.80/sf. The FCWPC recommendation to execute an Amendment to the Lease Agreement granting MDGLCC's request for a rent reduction; and further including certain performance criteria/measurables as established by Tenant and the City is presented for your consideration. 24,2013 Financial Information: Source of Amount Account Funds: 1 n/a Financial Impact Summary: Clerk's Office Le islative Trackin KGB/MAS/AP/MM \t\(;ENDA\2013\Mmct1 13\MO(;L.CC AGENDA ITEM ____ _ 205 [)ATE --"''---'-"""--'""""""'-- (g MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti H. Bower and Members of the City Commission Kathie Brooks, Interim City Manager /~J/ , March 13,2013 v, I 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 AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND MDGLCC FOUNDATION, INC., DATED MARCH 10, 2010, INVOLVING THE USE OF APPROXIMATELY 2,543 SQUARE FEET OF OFFICE SPACE LOCATED AT HISTORIC CITY HALL, 1130 WASHINGTON AVENUE, 1ST FLOOR NORTH, MIAMI BEACH, FLORIDA; SAID AMENDMENT PROVIDING FOR A RENT REDUCTION ADMINISTRATION RECOMMENDATION The Finance and Citywide Projects Committee recommendation to execute an Amendment to the Lease Agreement granting MDGLCC's request for a rent reduction; and further including certain performance criteria/measurables as established by Tenant and the City is presented for your consideration. BACKGROUND On March 10, 2010, the Mayor and City Commission passed Resolution No. 2010-27354, approving a Lease Agreement between the City and MDGLCC Foundation, Inc. ("MDGLCC" or "Tenant") for the use of approximately 2,543 square feet of City-owned property, located at 1130 Washington Avenue, 1st Floor North, Miami Beach, Florida ("Leased Premises"); said Lease having a term of three (3) years, commencing on April 1, 2010, and ending on March 31, 2013, with two (2) additional three (3) year renewal terms. On October 30, 2012, Steven Adkins, President of MDGLCC, submitted a letter to Commissioner Michael Gongora, which is attached hereto and labeled "Attachment 1 ," wherein Mr. Adkins described certain problems with the building due to its age, as well as certain maintenance and repair issues. Mr. Adkins requested a rent reduction and a new ten (1 0) year lease. On December 6, 2012, the Administration met with Mr. Adkins and Karen Brown, Executive Director of MDGLCC, to discuss the issues described in Mr. Adkins' letter. During the meeting, MDGLCC advised the City they had been communicating directly with Duane Knecht, former Director of Property Management, regarding various maintenance and repair issues related to their office and the building. It was determined that Property Management had been responding to MDGLCC's maintenance issues 206 Commission Memorandum MDGLCC Foundation, Inc. Lease Amendment March 13, 2013 Page 2 of3 without consideration for the City's or the Tenant's obligations under the Lease. Few, if any, formal work orders had been placed. While it was acknowledged that Property Management attempted to remedy rodent issues, the problem persisted. During the December 61h meeting, Property Management staff committed to continue to explore solutions to alleviate the circumstances, including concerns about leaks, which have affected the entire building, and problems with the air conditioning system, and fire alarm panel. Potential solutions for window treatments to block the heat were also discussed. MDGLCC was provided additional contact information for Office of Real Estate, Housing & Community Development staff and both City staff and the Tenant committed to more closely tracking contractual obligations and work orders so that persistent problems may be addressed jointly and separately by both parties as necessary. In the meantime, the Tenant has expressed a need for a rent reduction in order to offset the cost of hiring additional staff, increase its hours of operation, and broaden its advertising. The Tenant also requested a new ten (1 0) year lease. However, in light of the fact that, as mentioned above, the current Lease term ends on March 31, 2013, and has two additional three (3) year renewal terms, the Tenant did not pursue the request for a new lease. ANALYSIS Rent Reduction: MDGLCC requested that its rent be reduced to $30,000 annually ($11.80 per square foot) payable in monthly installments of $2,500. MDGLCC currently pays annual rent in the amount of $52,280 ($20.56 per square foot) payable in monthly installments of $4,357. Said monthly amount consists of $2,062 for base rent ($9.73 per square foot), $1,950 for common area maintenance ($9.20 per square foot) and $345 for insurance ($1.63 per square foot). As a comparison, the other ground floor tenant, Miami Beach Film Society, Inc. (d/b/a/ Miami Beach Cinematheque), also located on the 1st Floor of Historic City Hall, currently pays $20.56 per square foot, which includes base rent of $9.73, plus $9.20 per square foot for common area maintenance, plus $1.63 per square foot for insurance. The operating expenses for both MDGLCC and Cinematheque are currently $10.83 per square foot. With the exception of the Miami Dade County Clerk of the Courts, the remaining six tenants in the building, which are for-profit entities (Strang Adams, P.A.; Paul A. Sack, Esq.; Rubin & Sickman, PLLC; David L. Wrubel, CPA; GEMCOR, Inc.; and Immunity, Inc.) currently pay a rental rate ranging from $23.30 to $26.07 per square foot for office space, which includes common area maintenance of $11.08 per square foot plus insurance charges of $1.63 per square foot. Comparable asking rent for office space on Washington Avenue is currently a weighted average of $30.58 per square foot. As requested by the Finance and Citywide Projects Committee (FCWPC) on January 24, 2013, during the discussion of MDGLCC's request for a rent reduction, staff prepared a list of rental amounts paid by non-profit organizations renting City facilities. The requested list is attached hereto and labeled "Attachment 2". Said rental amounts vary greatly based on various factors including the time the agreement was executed, the non-profit entity, the size of the premises/land, etc. Lease Term: MDGLCC's current lease is for a period of three (3) years expiring March 31, 2013, with two (2) additional three (3) year renewal terms, subject to approval by the City Manager. 207 Commission Memorandum MDGLCC Foundation, Inc. Lease Amendment March 13, 2013 Page 3 of3 CONCLUSION AND RECOMMENDATION The Finance and Citywide Projects Committee recommendation to execute an Amendment to the Lease Agreement granting MDGLCC's request for a rent reduction; and further including certain performance criteria/measurables as established by Tenant and the City is presented for your conside~~tio~. KGB\M~\MM Attachments T:\AGENDA\2013\March 13\MDGLCC Lease Amendment MEM (3-13-13).docx 208 A Not -For-Profit Corporation October 30, 2012 Commissioner Michael Gongora City of Miami Beach 1700 Convention Center Dr. Miami Beach, FL 33139 Attachment 1 MDGLCC Foundation Lease-Historic City Hall Dear Commissioner; 1130 Washington Ave. 1•t Floor North Miami Beach, FL 33139 EMAIL: mdglcc@bellsouth.net WEB: www.gaybizmiami.com OFFICE: 305-673-4440 FAX: 305-673-8883 On behalf of the MDGLCC Foundation, Inc. which leases space from the City of Miami Beach in Historic Hall, I would like to ask for your assistance bringing before the -Mayor & Commission a request for lease reduction. As a refresher, the LGBT Visitor Center on Miami Beach: • is the safe and welcoming gathering place of Miami-Dade. LGBT community in • serves tourists and community members through a variety of programs and • offers warm hospitality and a friendly welcoming face to those visiting our city for the first time. • provides educational outreach through community partnerships and community calendar. Since moving into the space more formally known as Historic City Hall (1130 Washington Ave. -1st Floor North, Miami Beach, FL 33139), we have found that being tenants of an older building brings with it many issues. While we think the location for our business in operating the Visitor Center is ideal, the condition of the building is less so. The problems we have encountered (and continue to face): 209 Miami-Dade Gay & Lesbian Chamber of Commerce EMAIL:!!!:!:!:.~~~~':!!::!!.£!: OFFICE: 305-673-4440 • The building infested with rats-since early 2011, we have with a severe rat problem. The City of Miami Beach property management group (specifically Duane Knecht and his team) have tried unsuccessfully to alter the situation. Traps have been placed around the property and, many rodents have been captured. However, the rodent droppings and urine cause an extremely unpleasant odor and, are by themselves very unhealthy (it everywhere from air ducts to ceiling times to ventilation). • The building alarm -Though, not as bad as it once was, will go off for no reason and, continues to do so. • Heat in the offices -dome portions of all east and west facing windows remain uncovered. Due to restrictions imposed by Design Preservation, we cannot place anything on windows that might block the sun (and heat). Florida Power & Light did an energy assessment of the building a couple of years back and, determined that placing a film over the windows would make the space more efficient and, cut down on the direct sunlight. Nothing has transpired and, we have higher than normal energy costs, as a result. • in the ceiling -During heavy rains, we have reported leaks in our ceiling in many areas. Again, property management responded but, are still areas affected. Michael, we are committed to staying here and, have invested tens of thousands of dollars to make this space a premiere LGBT Visitor I Community Center ... one we and the City I County can be proud of. We would like to request the City grant MDGLCC Foundation Inc a new 10 year lease at $2500imonth, commencing as soon as can be approved. The roughly $1,850 in monthly savings would be used as follows: • Services-As a result of our location, we see a lot of traffic from the general public ... not just the LGBT market. We have become a resource center for all travelers, homeless persons, unemployed, people looking for the New City Hall, etc. We just don't have the staff to properly address the needs of some of these people. Having an additional person(s) will allow us to solicit the proper training to handle these situations more adeptly. o Add an additional staff person. We are currently open Monday- Friday from 9 am to 6 pm. Our goal is to be open 7 days a week and, longer hours into the evenings. page 2 210 • Advertising-The Foundation has a limited ad budget and1 has secured assistance through grants to fund advertising placements in Passport/ Wire and Hotspots Magazine. We believe that the additional flow support will allow us to look more online opportunities and, broaden our market reach leading to more LGBT visitor traffic to Miami Beach. We appreciate your assistance this matter and, look forward to discussing any questions you might have. Please feel free to call me at your earliest convenience. Kind regards, Steven Adkins, President MDGLC Foundation, Inc. page3 211 N ~ N 2 AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement is entered into this _____ _ day of , 2013 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City" or "Landlord"); and MDGLCC FOUNDATION, INC., a Florida not-for-profit corporation (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, on March 10, 2010, the Mayor and City Commission adopted Resolution No. 2010-27354, approving a Lease Agreement between the City and MDGLCC Foundation, Inc., for use of approximately 2,543 square feet of City-owned property at 1130 Washington Avenue, 1st Floor North, Miami Beach, Florida, for an initial term of three years, with two additional three year renewal terms, at the City's sole discretion; and WHEREAS, on March 13, 2013, the Mayor and City Commission adopted Resolution No. 2013-accepting the recommendation of the Finance and Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to execute an Amendment to the Lease Agreement between the City and MDGLCC Foundation, Inc., dated March 10, 2010, involving the use of approximately 2,543 square feet of office space located at Historic City Hall, 1130 Washington Avenue, 181 Floor North, Miami Beach, Florida; said amendment providing for a rent reduction; and NOW THEREFORE, the City and Tenant, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Lease Agreement, as follows: 1. Subsection 3.1, entitled "Base Rent", on Page 2 of the Lease Agreement, shall be shall be amended (deleted items struck through and inserted items underlined) as follows: Base Rent for the Demised Premises shall begin to accrue on August 1, ~ April1. 2013 (the Commencement Date). 3.1.1 Throughout the Term herein, the Base Rent for the Demised Premises shall be Tv1enty Three Thousand Three Hundred Nineteen Dollars and 31/100 ($23,319.31) per year, payable in monthly installments of One Thousand Nine Hundred Forty Three Dollars and 28/100 ($1 ,943.28) Thirty Thousand Dollars and 00/100 ($30,000.00) per year, payable in monthly installments of Two Thousand Five Hundred Dollars and 00/100 ($2,500.00), 1 213 2. Section 7, entitled "Use and Possession of Demised Premises", on Page 4 of the Lease Agreement, shall be amended (deleted items struck through and inserted items underlined) as follows: 7. Use and Possession of Demised Premises. 7.1 The Demised Premises shall be used by the Tenant as office, retail and visitor center space for the Miami-Dade Gay & Lesbian Chamber of Commerce for purposes of promoting a unified and thriving, gay and gay- friendly, business and professional community throughout Miami-Dade County. Tenant shall be required to offer Public Services as contained in "Exhibit A" attached hereto. Said Premises shall be open for operation a minimum of five (5) days a week, with minimum hours of operation being as follows: Monday -Friday: 1 0:00 AM 9:00 AM to 6:00 PM Tenant shall not otherwise modify the days or hours of operation without the prior written approval of the City Manager. Nothing herein contained shall be construed to authorize hours contrary to the laws governing such operations. In addition to the foregoing days and hours of operation, Tenant shall provide aAdditional sgtaffing and h-Flours/d.Qays of oGperation, hereby known as Measurables, and further described~ contained in "Exhibit 8" attached hereto. 3. Except as otherwise specifically amended herein, all other terms and conditions of the Lease Agreement by and between the Landlord and Tenant shall remain in full force and effect. In the event there is a conflict between the provisions provided herein and the Lease Agreement, the provisions of this Amendment No. 1 to Lease Agreement shall govern. [The remainder of this page has been left intentionally blank] 2 214 IN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first written above. Attest: CITY OF MIAMI BEACH, FLORIDA Rafael Granado, City Clerk Matti Herrera Bower, Mayor Attest: MDGLCC FOUNDATION, INC. Secretary Steve Adkins, President (Print Name) CORPORATE SEAL (affix here) F:\RHCD\$ALL\ECON\$ALL\ASSET\Historic City Haii\MDGLCC\MDGLCC First Amendment.doc 3 215 EXHIBIT A Public Services Public Services Offered at the Demised Premises • Personalized Visitor Services o Hotel Booking o Restaurant Referral o Travel advice o Tour information & bookings o Mapping and location services o LGBT information o City of Miami Beach Activity Calendar • City of Miami Beach Services Referral Office o Homeless o Discrimination o Business Licenses o Parking & Marriage Licenses • Hi-Speed Internet HotSpot • Computer Center with 2 computers • Online Travel and Community Info provider via www.GoGayMiami.com • Meeting Place (Volunteer and general meeting location) for the following: o SMART Recovery Center (Tuesday evenings) o AIDS Testing Center (SoBeAids Project) o Winter Party o White Party o Aqua Girl o Miami Beach Gay Pride o Sizzle Miami o Miami Beach Bruthaz o GLISA (WorldOutGames 2017) o Pink Flamingo Hospitality Program o MDLGCC o MGLFF o GMCVB FAM Trip Location o MCIV Dignitary Training Location o MIFF o Florida Grand Opera o Arsht Center o Pridelines Youth Services o Switchboard Miami o MDGLCC Financial Education 4 216 • Local Artist Exhibits o Art United o LGBT Art Festival o Classical South Florida • Publication Distribution Site o Wire Magazine o Hotspots Magazine o South Florida Gay News o Genre Latino o SHE Magazine o Miami Magazine o Aventura Magazine o CLARITY Business Magazine o Miami Today o Miami Herald o Passport Magazine o Welcome/Bievenidos Magazines • Television Viewing Center (2 televisions offering cable and local viewing) 5 217 EXHIBIT B Measurablesl\dditional Staffing and Hours/Days of Operation • Add Part-time staff person to work 20 hours per week-Effective July 2013 • Open on Saturdays from 11:00 AM to 4:00PM-Effective July 2013 • Open on Sundays from 11 :00 AM to 4:00 PM -Effective October 2013 • Extend weekday hours until 7:00 PM--Jml-Effective January 2014 6 218 RESOLUTION TO BE SUBMITTED 219 THIS PAGE INTENTIONALLY LEFT BLANK 220 COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting the recommendation of the Neighborhood/Community Affairs Committee requesting the Miami Beach Visitor And Convention Authority to serve as the host committee for the City Of Miami Beach Centennial, which will occur on march 26, 2015. Key Intended Outcome Supported: Maximize Miami Beach as a Brand Destination Promote and Celebrate Our City's Diversity Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City's centennial will occur on March 26, 2015. Planning for a Centennial celebration requires a lot of time and resources. In order to kick-start the planning process the City Administration referred a discussion to the Neighborhood/Community Affairs Committee at the December 12, 2012 City Commission meeting. The Neighborhood/Community Affairs Committee discussed this item at their January 28, 2013 meeting and agreed that planning for the City's Centennial should begin immediately and further stated that it should be a yearlong celebration. Upon further discussion, the Committee passed a motion recommending that the Miami Beach Visitor & Convention Authority (MBVCA) take this on as a project. The MBVC would need to develop a comprehensive vision for the celebration and oversee the planning, fundraising, logistics and coordination of the Centennial celebration. The MBVCA will be discussing this item at their next meeting and additional information will be provided following the meeting The Administration recommends adopting the recommendation of the Neighborhood/Community Affairs Committee. Advisory Board Recommendation: The Neighborhood/Community Affairs Committee discussed this item at their January 28, 2013 meeting and recommended the Miami Beach Visitor and Convention Authority take this on as a project and serve as the host committee. Financial Information: Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin : Max A. Sklar, Acting Assistant City Manager Si n-Offs: Department Director MIAMI BEACH 221 Account anager AGENDA ITEM _C-=--7..;:.'J __ DATE J-/ 3-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager ~ -~ DATE: SUBJECT: March 13, 2013 / A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE REQUESTING THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY TO SERVE AS THE HOST COMMITTEE FOR THE CITY OF MIAMI BEACH CENTENNIAL, WHICH WILL OCCUR ON MARCH 26, 2015. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Maximize Miami Beach as a Brand Destination Promote and Celebrate Our City's Diversity BACKGROUND The City's centennial will occur on March 26, 2015. Planning for a Centennial celebration requires a lot of time and resources. In order to kick-start the planning process the City Administration referred a discussion to the Neighborhood/Community Affairs Committee at the December 12, 2012 City Commission meeting. The Neighborhood/Community Affairs Committee discussed this item at their January 28, 2013 meeting. The Committee agreed that planning for the City's Centennial should begin immediately and further stated that it should be a yearlong celebration. Upon further discussion, the Committee passed a motion recommending that the Miami Beach Visitor & Convention Authority (MBVCA) take this on as a project. The MBVC would need to develop a comprehensive vision for the celebration and oversee the planning, fund raising, logistics and coordination of the Centennial celebration. They would also need to do the following as part of this project: • Celebrate the City through a comprehensive use of its venues and amenities. • Manage a broad range of activities whose content and pricing reflect the demographic, economic and cultural diversity of the City, including events that are free to the public. • Work collaboratively with all parties interested in these goals, and especially with the City's cultural, historic and civic organizations. 222 City Commission Memorandum Miami Beach Centennial March 13, 2013 Page 2 of2 • Creating an event to attract local, national, and international visitors. • Coordinate with the City Administration and provide periodic updates to the Administration and City Commission. The MBVCA will be discussing this item at their next meeting and additional information will be provided following the meeting CONCLUSION The Administration recommends that the Mayor and City Commission adopt the recommendation of the Neighborhood/Community Affairs Committee. KGB/MAS T:\AGENDA\2013\March 13\Reso Regarding Miami Beach Centennial.doc 223 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE REQUESTING THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY TO SERVE AS THE HOST COMMITTEE FOR THE CITY OF MIAMI BEACH CENTENNIAL, WHICH WILL OCCUR ON MARCH 26, 2015. WHEREAS, the City's Centennial will occur on March 26, 2015; and WHEREAS, planning for a Centennial celebration requires a lot of time and resources; and WHEREAS, the City Administration referred a discussion to the Neighborhood/Community Affairs Committee at the December 12, 2012 City Commission meeting; and WHEREAS, the Neighborhood/Community Affairs Committee discussed this item at their January 28, 2013 meeting and recommended the Miami Beach Visitor and Convention Authority take this on as a project and serve as the host committee. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the Neighborhood/Community Affairs Committee requesting the Miami Beach Visitor and Convention Authority to serve as the host committee for the City of Miami Beach Centennial, which will occur on March 26, 2015. PASSED and ADOPTED this----day of ____ , 2013. ATTEST: RAFAEL GRANADO CITY CLERK MATTI HERRERA BOWER MAYOR APPROVED AS TO T:\AGENDA\2013\March 13\Reso Regarding Miami Beach Centennia RESO.dpORM & LANGUAGE FOR EXECUTION ' 224 l? "/.,. -·\~ t,-1- ne~\t' Date COMMISSION ITEM SUMMARY Title: A Resolution OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida, Accepting The Recommendation OfThe City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 56-11/12, For The Purpose Of Conducting And Documenting Detailed Facilities Condition Assessments Of Various Buildings/Assets Owned By The City Of Miami Beach, And To Develop A Schedule For Assets And Equipment Replacement Within The Buildings/Assets To Include Current And Projected Future Replacement Costs; Authorizing The Administration To Enter Into Negotiations With All Three Proposers: Bermello Ajamil & Partners, Inc.; Nova Engineering And Environmental, LLC.; And VFA, Inc.; And Further Authorizing The Mayor And Ci Clerk To Execute A reements U on Conclusion Of Successful Ne otiations B The Administration. Key Intended Outcome Supported: Ensure well maintained facilities. Supporting Data (Surveys, Environmental Scan, etc.); The 2009 Customer Satisfaction Survey indicated that 87.2% of residents, and 85% of businesses rated the appearance and maintenance of the City's public buildings as excellent or good. Issue: I Shall the City Commission adopt the Resolution? Item Summary/Recommendation: The purpose ofthis RFQ is to select qualified proposers to conduct and document detailed Facility Conditions Assessments (FCA) o various buildings/assets owned by the City of Miami Beach, and to develop a schedule for assets and equipment replacement within the buildings/assets, to include current and projected future replacement costs. The successful Proposer will be required to provide a thorough FCA of the City owned facilities listed in Appendix A, following the VFA Capital Planning Management Solution software format currently used by the City for maintaining facility condition assessment data gathered through the facilities condition assessment process recommended herein. RFQ No. 56-11/12 was issued on September 21, 2012, with a deadline for the receipt of qualification packages ofNovember2, 2012. BidNet issued bid notices to 43 prospective proposers and five (5) proposers downloaded the bid notification. Procurement sent notice via e-mail to all 44 firms form the City's rotational Architectural/Engineering. The notices resulted in the receipt of three (3) proposals from the following firms: Bermello Ajamil and Partners, Inc.; Nova Engineering and Environmental, VFA, Inc. The Interim City Manager via Letter to Commission (LTC) No. 332-2012, appointed an Evaluation Committee (the "Committee") to evaluate proposals received. Following the receipt of proposals, the Committee convened and discussed the proposer's qualifications, experience, and competence, and further scored the proposers in accordance with the criteria established by the RFQ. The Committee unanimously recommended to enter into negotiations with the top-ranked firm, Bermello Ajamil & Partners, Inc.; and should the Administration not be able to successfully negotiate an agreement with the top-ranked firm, authorizing the administration to negotiate with the second-ranked firm, VFA, Inc.; and should the administration not be able to negotiate an agreement with the second-ranked firm, authorizing the administration to negotiate an agreement with the third-ranked firm, Nova Engineering and Environmental, LLC. After considering the review and recommendation of Committee, the Interim City Manager exercised her due diligence and recommends that the Mayor and the City Commission authorize the Administration to enter into negotiations with all three proposers; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. ADOPT THE RESOLUTION. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: 3 Total Financial Impact Summary: $291,000 islative Trackin Si Account roperty Management Account No. 520-1720-000349 er 225 n<:>l"lt:>n"liAnt Account No. 1-0815-000349 A GENOA JTEM ___;:...........:......:...J.___ OA TE ~"---'--""---'---""':.._ C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: March 13,2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE INTERIM CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 56-11/12, FOR THE PURPOSE OF CONDUCTING AND DOCUMENTING DETAILED FACILITIES CONDITION ASSESSMENTS OF VARIOUS BUILDINGS/ASSETS OWNED BY THE CITY OF MIAMI BEACH, AND TO DEVELOP A SCHEDULE FOR ASSETS AND EQUIPMENT REPLACEMENT WITHIN THE BUILDINGS/ASSETS TO INCLUDE CURRENT AND PROJECTED FUTURE REPLACEMENT COSTS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ALL THREE PROPOSERS: BERMELLO AJAMIL & PARTNERS, INC.; NOVA ENGINEERING AND ENVIRONMENTAL, LLC.; AND VFA, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure well maintained facilities. FUNDING The amount budgeted for these services for Fiscal Year 2012/2013 is $291 ,000. Funding in the amount required will be provided from the following accounts: $159,000-Property Management Account No. 520-1720-000349 $132,000-Property Management Account No. 011-0815-000349 $291,000 Should additional funding be required due to increased need of services, it would be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND The purpose of this RFQ is to select qualified proposers to conduct and document detailed Facility Conditions Assessments (FCA) of various buildings/assets owned by the City of Miami Beach, and to develop a schedule for assets and equipment replacement within the buildings/assets, to include current and projected future replacement costs. It is extremely important that FCAs be performed on a regular schedule for City of Miami Beach buildings and assets. These FCAs assist in determining the asset value, replacement cost, and a full condition report of all systems that support the asset within the asset's envelope. The FCA projects 226 RFQ 56-11/12-Facility Condition Assessments Commission Memorandum March 13, 2013 Page 2 timelines for equipment replacement based on condition and lifecycle and projects needed upgrades within the asset's interior and exterior envelope. All of this information combined generates the asset's Facility Condition Index (FCI). The FCI is used to measure a facility's overall condition (excellent, good, poor, or should be demolished) and provides a monetary investment value needed to bring the asset's FCI to a more desirable rating. The FCI is also a tool used in the City's Active Strategy Program to track the overall average condition of the major facilities within the City. Seven years ago, the City invested in the VFA Capital Planning Management Solutions software program that, combined with the information collected through the FCA process, provides a tool to manage and assure that the City maintains all its facilities at the highest possible level of integrity and functionality. Additionally, the information gathered from the FCA is critical to an effective facility management program, and this information can only be attained by conducting thorough facility inspections. The City does not have the capacity to conduct the required comprehensive inspections itself; thus relies on outside sources who possess the knowledge and experience to conduct a timely detailed FCA, and who are knowledgeable and experienced in working with the VFA Capital Planning Management Solutions software used by the City to manage this data. SCOPE OF SERVICES The successful Proposer will be required to provide a thorough FCA of the City owned facilities listed in Appendix A, following the VFA Capital Planning Management Solution software format currently used by the City for maintaining facility condition assessment data gathered through the facilities condition assessment process recommended herein. All inspectors must be certified by the State of Florida to perform inspections for their specific discipline(s) and must have extensive knowledge of current building code requirements. All FCAs must be completed within 120 days of the contract award. All data gathered from the FCA must be loaded into VFA by the successful Proposer within 90 days of completion of such FCA. The City retains the right to award all, partial, or none of the facilities, or to make multiple awards, if deemed in the best interest of the City. RFQ PROCESS On July 18, 2012, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 56-11/12, for the purpose of conducting and documenting a detailed facilities condition assessment of various buildings/assets owned by the City of Miami Beach, and to develop a schedule for assets and equipment replacement within the buildings/assets, to include current and projected future replacement costs (the "RFQ"). RFQ No. 56-11/12 was issued on September 21, 2012, with a deadline for the receipt of qualification packages of October 23, 2012. A pre-proposal conference to provide information to the proposers submitting a response was held on October 5, 2012. Two addenda were issued to answer questions by prospective proposers, hence postponing the deadline to November 2, 2012. 227 RFQ 56-11/12-Facility Condition Assessments Commission Memorandum March 13, 2013 Page 3 BidNet issued bid notices to 43 prospective proposers and five (5) proposers downloaded the bid notification. Additionally, Procurement sent notice via e-mail to a1144 firms form the City's rotational Architectural/Engineering contract with the intent of maximizing competition and participation. The notices resulted in the receipt of three (3) proposals from the following firms: • Bermello Ajamil and Partners, Inc. • Nova Engineering and Environmental, LLC • VFA, Inc. On December 20, 2012, the Interim City Manager via Letter to Commission (LTC) No. 332-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Herman Fung, Contracts Coordinator, Property Management • Margarita Wells, Environmental Specialist, Public Works • * Gerardo Usallan, Capital Projects Coordinator, CIP • Christi Cvijanovic, Resident and CMB Leadership Academy Graduate • Guy Simani, Resident and CMB Leadership Academy Graduate • *Glendon Hall, Management and Budget Analyst (Alternate) • Michael Silverman, Resident and CMB Leadership Academy (Alternate) *Committee member Gerardo Usallan could not attend the meeting, and was replaced by Glendon Hall, Management and Budget Analyst. The Committee convened on January 15, 2013 for presentations from all proposers, followed by a question and answer session, and reconvened on January 23, 2013 for deliberations. The Committee was instructed to score and rank the proposals pursuant to the evaluation criteria established in the RFQ, which was as follows: The experience and qualifications of the professional personnel assigned to the Project Team and the Project Manager, as well as their familiarity with this project and a thorough understanding of the methodo!o and a roach to be used in this assi_gnmec;c;n'""t~----:---~ 20 Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks erformed of the Pro oser's clients 5 illingness to meet time and budget requirements as demonstrated by rformance methodolo and a roach 5 Certified minority business enterprise participation. Either the Proposer or a member of the Proposer's Team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration SBA , State of Florida, or Miami-Dade Count nt, current and ro'ected workloads of the firms The volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most hi hi ualified firm 228 RFQ 56-11112-Facility Condition Assessments Commission Memorandum March 13, 2013 Page 4 Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to following ordinances. LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. No points were allocated to any of the proposers for local preference. 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. No points were allocated to any of the proposers for veteran's preference. The Committee discussed proposer' qualifications, experience, and competence, and further scored the proposers. The Committee's final rankings are as follows: FINAL RANKINGS LOW Herman Margarita Glendon Christi Guy AGGREGATE Fun Wells Hall Cvi"anovic Simani TOTALS 3 A motion was presented by Christi Cvijanovic, seconded by Guy Simani, and unanimously approved by all Committee members, to recommend entering into negotiations with the top-ranked firm, Bermello Ajamil & Partners, Inc.; and should the administration not be able to successfully negotiate an agreement with the top-ranked firm, authorizing the administration to negotiate with the second- ranked firm, VFA, Inc.; and should the administration not be able to negotiate an agreement with the second-ranked firm, authorizing the administration to negotiate an agreement with the third-ranked firm, Nova Engineering and Environmental, LLC. COMPANY'S PROFILE BERMELLO AJAMIL & PARTNERS (B&A) Founded in 1939 (incorporated under its current name in 1992), B&A is an AlE firm providing complete planning, design and construction services in the disciplines of architecture, engineering, planning, interior design and landscape architectures since 1939. B&A maintains a staff of over 86 personnel, and has extensive experience in providing plans review and building inspection services. For over 12 years, B&A has been the Building Code consultant for the Miami-Dade County School Board. B&A has also worked on all types of projects with municipalities, local and state agencies throughout South Florida, including among others: Miami-Dade County, City of Miami, City of Fort Lauderdale, Port of Miami, City of Miramar. 229 RFQ 56-11/12-Facility Condition Assessments Commission Memorandum March 13, 2013 Page 5 VFA, INC. (VFA) VFA was founded in 1998, and employs over 100 experienced building analysts, which are comprised of project directors, project managers, architects, electrical and mechanical engineers with an average of 20 + years experience. Some of the representative clients in addition to the US General Services Administration include U.S. Navy Bureau of Medicine and Surgery; the States of Idaho, Illinois, Louisiana and Missouri; and the Cities of New York, Houston, Kansas and Calgary among others. NOVA ENGINEERING AND ENVIRONMENTAL Nova was established in 1996, and currently employs approximately 150 personnel in 11 offices, consisting of registered engineers, certified plans examiners and inspectors, geologists and specialty consultants. Nova provides similar services to State of Florida Department of Corrections, State of Florida Juvenile Justice, City of Fort Lauderdale, City of Naples, and Miami-Dade Community College among other agencies. MANAGER'S DUE DILIGENCE After considering the review and recommendation of Committee, the Interim City Manager exercised her due diligence and recommends that the Mayor and the City Commission authorize the Administration to enter into negotiations with all three proposers rather than only one as recommended by the Committee because of the amount of projects and the short window ( 120 days) in which FCAs are to be completed; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. The list of facilities will be divided based on total square footage as a basis for negotiations. Upon completion of negotiations, the facility assessments will be assigned as deemed in the best interest of the City to each proposer. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the Interim City Manager pertaining to the ranking of firms, pursuant to Request for Qualifications (RFQ) No. 56-11/12, for the purpose of conducting and documenting detailed facilities condition assessments of various buildings/assets owned by the City of Miami Beach, and to develop a schedule for assets and equipment replacement within the buildings/assets to include current and projected future replacement costs; authorizing the Administration to enter into negotiations with all three proposers: Bermello Ajamil & Partners, Inc.; Nova Engineering and Environmental, LLC.; and VFA, Inc.; and further authorizing the Mayor and City Clerk to execute agreements with all firms contingent upon conclusion of successful negotiations by the Administration. T:\AGENDA\2013\March 13\RFQ 56-11-12-Facility Condition Assessment MEMO.doc 230 RFQ 56-11112 -Facility Condition Assessments Commission Memorandum March 13, 2013 Page 6 APPENDIX A-List of Facilities scheduled for FCA th Street Parking Garage th. Street Beach Restroom th Street Parking Garage A-Normandy Shores Park Restrooms & Storage A-North Shore Open Space Park Pavilion No. 1 2 North Shore Open Space Park Pavilion No. 2 -North Shore Open Space Park Pavilion No. 3 -orth Shore Open Space Park Restroom No. -North Shore Open Space Park Restroom No. -Scott Rakow Community Youth Center 231 lamingo Pool Facility Buildings leet Maintenance Shop #1 leet Maintenance Shop #2 ~--~----------~ Shop #3 arine Patrol Building @ Bay St iami Beach Golf Clubhouse City Ballet Building lie Works operations facility outh Shore Community Center tillwater Park Building atum Park Building RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE INTERIM CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ} NO. 56-11/12, FOR THE PURPOSE OF CONDUCTING AND DOCUMENTING A DETAILED FACILITIES CONDITION ASSESSMENT OF VARIOUS BUILDINGS/ASSETS OWNED BY THE CITY OF MIAMI BEACH, AND TO DEVELOP A SCHEDULE FOR ASSETS AND EQUIPMENT REPLACEMENT WITHIN THE BUILDINGS/ASSETS TO INCLUDE CURRENT AND PROJECTED FUTURE REPLACEMENT COSTS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ALL THREE PROPOSERS: BERMELLO AJAMIL & PARTNERS, INC.; NOVA ENGINEERING AND ENVIRONMENTAL, LLC.; AND VFA, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, On July 18, 2012, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 56-11/12, for the purpose of conducting and documenting a detailed facilities condition assessment of various buildings/assets owned by the City of Miami Beach, and to develop a schedule for assets and equipment replacement within the buildings/assets, to include current and projected future replacement costs; and WHEREAS, RFQ No. 56-11/12 was issued on September 21, 2012, with a deadline for the receipt of qualification packages of October 23, 2012; and WHEREAS, a pre-proposal conference to provide information to the proposers submitting a response was held on October 5, 2012, and two addenda were issued to answer questions by prospective proposers, hence postponing the deadline to November 2, 2012; and WHEREAS, BidNet issued bid notices to 43 prospective proposers and five (5) proposers downloaded the bid notification, and Procurement sent notice via e-mail to all 44 firms form the City's rotational Architectural/Engineering contract with the intent of maximizing competition and participation; and WHEREAS, the notices resulted in the receipt of three (3) proposals from the following firms: Bermello Ajamil and Partners, Inc., Nova Engineering and Environmental, LLC, and VFA, Inc.; and WHEREAS, On December 20, 2012, the Interim City Manager via Letter to Commission (LTC) No. 332-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Herman Fung, Contracts Coordinator, Property Management • Margarita Wells, Environmental Specialist, Public Works • Gerardo Usallan, Capital Projects Coordinator, CIP • Christi Cvijanovic, Resident and CMB Leadership Academy Graduate 232 • Guy Simani, Resident and CMB Leadership Academy Graduate • Glendon Hall, Management and Budget Analyst {Alternate) • Michael Silverman, Resident and CMB Leadership Academy {Alternate) WHEREAS, Committee member Gerardo Usallan could not attend the meeting, and was replaced by Glendon Hall, Management and Budget Analyst; and WHEREAS, the Committee convened on January 15, 2013 for presentations from all proposers, followed by a question and answer session, and reconvened on January 23, 2013 for deliberations; and WHEREAS, the Committee was instructed to score and rank the proposals pursuant to the evaluation criteria established in the RFQ, which was as follows: • 25 Points -The experience and qualifications of the Proposer • 30 Points -The experience and qualifications of the professional personnel assigned to the Project Team and the Project Manager, as well as their familiarity with this project and a thorough understanding of the methodology and approach to be used in this assignment • 20 Points -Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks performed of the Proposer's clients • 5 Points -Willingness to meet time and budget requirements as demonstrated by past performance, methodology and approach • 5 Points -Certified minority business enterprise participation. Either the Proposer or a member of the Proposer's Team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade County • 5 Points -Location • 5 Points -Recent, current and projected workloads of the firms • 5 Points -The volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firm • 5 Points -Local Preference for Miami Beach-Based Vendors • 5 Points -Preference for Florida Small Businesses Owned and Controlled by Veterans and to State-Certified Service-Disabled Veteran Business Enterprises; and WHEREAS, the Committee discussed proposer' qualifications, experience, and competence, and further scored the proposers; and WHEREAS, a motion was presented by Christi Cvijanovic, seconded by Guy Simani, and unanimously approved by all Committee members, to recommend entering into negotiations with the top-ranked firm, Bermello Ajamil & Partners, Inc.; and should the administration not be able to successfully negotiate an agreement with the top-ranked firm, authorizing the administration to negotiate with the second-ranked firm, VFA, Inc.; and should the administration not be able to negotiate an agreement with the s~cond-ranked firm, authorizing the administration to negotiate an agreement with the third-ranked firm, Nova Engineering and Environmental, LLC.; and 233 WHEREAS, after considering the review and recommendation of Committee, the Interim City Manager exercised her due diligence and recommends that the Mayor and the City Commission authorize the Administration to enter into negotiations with all three proposers rather than only one as recommended by the Committee because of the amount of projects and the short window (120 days) in which FCAs are to be completed; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration; and WHEREAS, the list of facilities will be divided based on total square footage as a basis for negotiations; and upon completion of negotiations, the facility assessments will be assigned as deemed in the best interest of the City to each proposer. 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 Interim City Manager pertaining to the ranking of firms, pursuant to Request for Qualifications (RFQ) No. 56-11/12, for the purpose of conducting and documenting detailed facilities condition assessments of various buildings/assets owned by the City of Miami Beach, and to develop a schedule for assets and equipment replacement within the buildings/assets to include current and projected future replacement costs; authorizing the Administration to enter into negotiations with all three proposers: Bermello Ajamil & Partners, Inc.; Nova Engineering and Environmental, LLC.; and VFA, Inc.; and further authorizing the Mayor and City Clerk to execute agreements with all firms contingent upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this __ day of ____ , 2013. ATTEST: CITY CLERK MAYOR T:\AGENDA\2013\March 13\RFQ 56-11-12 -Facility Condition Assessments-Reso.doc 234 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 022-2013me, For Call Center Services; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposers, 1-800 We Answer; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, lnktel Government BPO Services; And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, lvox Solutions, LLC.; Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. Keylntended Outcome Supported: Increase community satisfaction with City government; Enhance external and internal communications from and within the City; Maximize Efficient Delivery of Service; Improve process through information technology; Control costs of payroll including salary and fringes, minimize taxes, and ensure expenditure trends are sustainable over the long term. Supporting Data (Surveys, Environmental Scan, etc: The Utility Billing Section is currently averaging 20,000 calls annually with a 10% abandoned rate, while the Parking Department is averaging 30,000 annual customer service calls with a 20% abandoned rate. Prior to implementing the Building department call center, the department had an average abandonment rate of 31% vs 3.79% after its implementation. In 2012, the Building call center received 57,635 calls; the calls were answered within an average of 21 seconds. The 2012 Community Satisfaction Report, 65% of respondents agreed or strongly agreed that it was easy to get to someone who could help them during their most recent contact with the City. Item Summary/Recommendation: On December 12, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 022-2013ME For Call Center Services (RFP). The RFP was issued on December 24, 2012, with an opening date of February 4th, 2013. A pre-proposal conference to provide information to the proposers submitting a response was held on January 9, 2013. Twelve (12) prospective proposers downloaded the solicitation from BidNet and 22 prospective prospers downloaded the solicitation from The Public Group. Additionally, the Procurement Division notified 60 additional proposers via e-mail, which resulted in the receipt of four (4) proposals. On February 20, 2013, the City Manager via Letter to Commission (LTC) No. 058-2013, appointed an Evaluation Committee (the "Committee"). The Committee convened on February 28, 2013 to consider proposals received and interview proposing teams. Based on the results of the February 28 Committee meeting, the Committee has recommended entering into negotiations with the top-ranked proposers, 1-800 We Answer; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, lnktel Government BPO Services; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, IVOX Solutions, LLC. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Fund~ 1 Amount $37,500 Account Parking Enterprise Fund 480-0461-000312 Water and Sewer Enterprise Fund 425-0410-000312 Assista POW MIAMI BEACH 235 AGENDA ITEM ----'C~7_L_;,__ DATE 3-/3-/.3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager j'~ ~ ' DATE: SUBJECT: March 13, 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. 022-2013ME, FOR CALL CENTER SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED PROPOSERS, 1-800 WE ANSWER; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-RANKED PROPOSER, INKTEL GOVERNMENT BPO SERVICES; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND- RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE THIRD- RANKED PROPOSER, IVOX SOLUTIONS, LLC.; 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 community satisfaction with City government • Enhance external and internal communications from and within the City • Maximize Efficient Delivery of Service • Improve process through information technology. • Control costs of payroll including salary and fringes, minimize taxes, and ensure expenditure trends are sustainable over the long term. FUNDING The total budget for the outsourcing project is $75,000, which is sufficient to cover costs for the remainder of FY 2012/2013, with no funds being utilized from the General Fund. Funding is available as follows: $37,500 is available from the Water and Sewer Enterprise Fund 425-0410-000312 $37,500 is available from the Parking Enterprise Fund 480-0461-000312 Funding from the EOC operations Account No. 011-1210-000343 will be allocated as needed 236 Commission Memorandum-RFP # 022-2013 Call Center Services March 13, 2013 Page 2 BACKGROUND At their July 29, 2011 budget briefing for fiscal year 2011/12, the Finance and Citywide Projects Committee was advised of the Administration's proposal to outsource utility billing and parking customer service calls. At that time, the Utility Billing Section was averaging 20,000 calls annually, while the Parking Department was averaging 30,000 annual customer service calls. Both departments were experiencing a high number of abandoned calls and from customers experiencing long waits. Currently, the Utility Billing Section is experiencing 2,000 calls monthly of which approximately 340 or 17% are abandoned. The Parking Department is currently experiencing 2,500 calls monthly of which 500 or 20% are abandoned. On September 12, 2012, the Commission approved the issuance of the RFP for Call Center Services. As the request of Commissioner Wolfson, the RFP was not issued and a discussion items was placed at the October 12, 2012. On October 12, 2012 the Commission deferred this item to the Finance and Citywide Committee. On November 9, 2012 the Finance and Citywide Committee discussed this item and recommended the issuance of the RFP without recommending any further modifications to the scope of services or minimum requirements. Presently, these calls are routed to Finance employees in the Customer Service Center who are working with customers face-to-face and performing assigned accounting and financial functions. When a call is routed to one of these employees, the employee must stop what he or she is doing to address the caller's questions. On most occasions, there are follow-up tasks related to the caller's inquiry to be addressed before the employee can resume the original task he or she was doing. These constant interruptions affect employee's effectiveness and productivity. Based on the call volume reported for utility service and parking questions and information, it is estimated that the City of Miami Beach would require an equivalent of two full-time dedicated employees to manage call volume. Two full-time dedicated employees would cost the City approximately $140,000 in salary and benefits. It is anticipated that the cost of outsourcing these call services would be considerably less, provide a higher level of customer service and a reduction of abandoned calls, and would lead to more productive and effective employees in their respective areas of work. As example of some of the efficiencies gained by outsourcing call services, it is anticipated that the proposed outsourcing of phone calls will lead to more productive City employees by eliminating call responsibilities; reduce lines and traffic at our customer service counter; and, lead to more positive customer experiences. In seeking firms interested in providing the City with call center services, the City solicited responses from qualified firms to provide Call Center services to various departments of the City of Miami Beach through and RFP process. The City also requested proposals for consideration of outsourcing the combined Business Tax, Certificate of Use, and Annual Fire Permit calls received by the Finance Department Revenue Division customer service team and for outsourcing the Emergency Operation Center (EOC). RFP PROCESS On December 12, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 022-2013ME For Call Center Services (RFP). RFP No. 022-2013ME was issued on December 24, 2012, with an opening date of February 41h, 2013. A pre-proposal conference to provide information to the proposers submitting a 237 Commission Memorandum-RFP # 022-2013 Call Center Services March 13, 2013 Page 3 response was held on January 9, 2013. Twelve (12) prospective proposers downloaded the solicitation from BidNet and 22 prospective prospers downloaded from The Public Group. Additionally, the Procurement Division notified 60 additional proposers via e-mail, which resulted in the receipt of the following four (4) responsive proposals: 1. 1-800 We Answer 2. Answernet 3. lnktel Government BPO Services 4. lvox Solutions LLC On February 20, 2013, the City Manager via Letter to Commission (LTC) No. 058-2013, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Barbara Hawayek, Customer Services Manager; • Manny Marquez, Revenue Manager, Finance Division; • Gina Davidson, Resident and Leadership Academy Graduate; • ltziar Gonzalez, Resident and Leadership Academy Graduate; • Drazen Cvijanovic, Resident and Leadership Academy Graduate; and The following individuals were appointed as alternates: • Rocio Alba, Financial Analyst Ill, Parking; • Georgie Echert, Finance Assistant Director The Committee convened on February 28, 2013 to consider proposals received and interview proposing teams. 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 in a Question and Answer session after the presentation of each proposer. 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: 1. Experience and qualifications of the proposer 2. Experience and qualifications of the agents assigned to provide services to the City 3. Methodology and Approach to include the demonstrated ability to achieve the City's objectives 4. Cost/Fees 5. Past Performance Surveys Weight 30 points 10 points 20 points 30 points 10 points Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to following ordinances. LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor 238 Commission Memorandum-RFP # 022-2013 Call Center Services March 13, 2013 Page 4 as defined in the City's Local Preference Ordinance. Please note that no proposer was eligible for Local preference. 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. Please note that no proposer was eligible for Veterans preference. 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 Manny Marquez, seconded by Barbara Hawayek, and unanimously approved by all Committee members, to recommended entering into negotiations with the top-ranked proposers, 1-800 We Answer; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, lnktel Government BPO Services; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, IVOX Solutions, LLC. While submitting the lowest cost proposal, committee members ranked IVOX Solutions LLC, third overall and, in doing so, provided the following feedback for their actions: • IVOX Solutions LLC has no redundant centers; they have only one location located in Palm City. For example, 1-800 We Answer has several centers across the country and has complete redundancy between the call centers in case of a real emergency or a protracted black-out. The City's calls will be forwarded to the 200+ seat call center in Jacksonville, Florida or one of the other locations (Boston, Baton Rouge, Kansas City, Montgomery, Philadelphia or Miami). In its response to the City, 1-800 We Answer has proposed to create a hybrid program mixing dedicated agents and shared agents. Dedicated agents offer a high level of service as they are trained specifically on City requirements and handle only City-related calls received by the firm. Shared agents are also trained on City requirements but may handle calls from other customers of the firm. While shared agents do not strictly handle City-related calls, the advantage of having shared agents supplement dedicated agents is that City customers would 239 Commission Memorandum -RFP # 022-2013 Call Center Services March 13, 2013 Page 5 normally experience a shorter call response time when supplementing dedicated agents with shared agents. Based on the funding available, the Administration is recommending commencing the program with two (2) dedicated agents, to be supplemented during times of high call volume with shared agents. Costs for both dedicated and shared agents are noted in Attachment A. The cost of the recommended hybrid model (dedicated agents supplemented with shared agents) is expected to cost the City approximately $115,000 per year. We anticipate beginning this program during April 2013 and the funding allocated of $75,000, is sufficient to cover the program for the remainder of this fiscal year. After the initial 90 day implementation period, the City will analyze the call data and may adjust the number of dedicated and shared agents to maximize customer service responsiveness while maintaining a cost-effective program. Additionally, the City will have sufficient information to property budget for the upcoming FY 2013/14. Upon approval of this recommendation, Administration will negotiate the most customer- focused and cost-effective terms and pricing with the selected firm as indicated above and ensure an enhanced level of customer service through a reduction of call waiting times which is the primary reason individuals abandon calls. 1-800 WE ANSWER'S PROFILE Founded in 1969 as a small local New York City answering service, 1-800 We Answer has undergone rapid expansion since 2007. 1-800 We Answer's core menu of business support services focuses on providing telephone answering, call center, telemarketing, market research, virtual office and phone system services. The Company has been solely owned by Robert Porter since 2007 when he purchased the Company from Jo-Ann Sickinger although he has been operating and managing the company for 21 years. 1-800 We Answer has over 40 years of experience, including 14 years with a center in the Miami area. With centers nationwide, 1-800 We Answer's solutions are scalable to meet the City of Miami Beach's Emergency Operations Center (EOC) needs either in Miami, Jacksonville or one of its other ten (1 0) centers nationwide in the event of an outage or weather incident. 1-800 We Answer Miami's location meets the City's needs for a fully-bilingual facility, where all agents are able to communicate fluently in both English and Spanish. The Miami center is fully HIPAA Compliant ensuring the stringent federal regulations regarding confidentiality, security and privacy mandated for the healthcare community are extended to all clients. The following are some of 1-800 We Answer government clients: Miami Parking Authority, Florida Charter School Initiative, City of Modesto, CA Utilities Division, City of Fountain, CO Utilities Division, Cook County, IL Correctional Facilities, Alabama Department of Post- Secondary Education, New York City Department of Education, Maryland Charter School Initiative, DC Public School System, U.S. Representative Chellie Pingree, U.S. Representative Ann Kirkpatrick, NYC Public Library. 24/7-365-Day-a-Year Call-Handling 1-800 We Answer can run, if necessary, 24/7-365-days-a-year. To ensure this, 1-800 We Answer employs its own technical department, including 24-hour-a-day on-call technicians with remote access capability, backup systems and emergency generators. 1-800 We Answer 240 Commission Memorandum -RFP # 022-2013 Call Center Services March 13,2013 Page 6 also has complete redundancy between the call centers in case of a real emergency or a protracted black-out. The City's calls will be forwarded to the 200+ seat call center in Jacksonville, Florida or one of the other locations (Boston, Baton Rouge, Kansas City, Montgomery, Philadelphia or Miami). Programming the City of Miami Beach Account Programming the City of Miami Beach/WE ANSWER account will be accomplished through Pinnacle, a leader in call center software technology, and by 1-800 We Answer's team of in- house programmers. Pinnacle's logical scripting system, through unique visual prompting, guides the agent seamlessly through every call. Routing of all emergency calls to triage numbers is accomplished through the call center software by a dedicated triage operator and all emergency calls dispatch disposition is reviewed by a supervisor. Clients can modify phone numbers, escalation lists, on-call personnel and other changes through their on-line account management tool. Scripting changes are handled same-day by the programming team and the City's point-of-contact will email you as soon as your requested changed has been implemented. Protocol changes or special announcements to the agents regarding the City's account (e.g. notification of holiday hours, new locations, protocol changes etc.) are conveyed to the agents via: 1) Training sessions 2) Electronic bulletin board announcements required reading for every agent before starting their shift, and 3) on-the-fly status notifications which can be programmed immediately and directly into your account by any supervisor or senior agent. Secure VPN Integration Capabilities Connecting to the City of Miami Beach's utility billing software and database will be achieved through a secure VPN connection. 1-800 We Answer VPN connections require remote access to be authenticated and make use of encryption techniques to prevent disclosure of private information. The Chief Information Officer ensures all VPN connections meet the City's security goals: authentication, integrity, and confidentiality. Reporting 1-800 We Answer team will set-up an online reporting module for the City of Miami Beach to view messages, call volume and account details. Additional reporting, in requested formats with requested account metrics, will be delivered to the City of Miami Beach according to upon agreed scheduled. Monitoring of Calls All calls are recorded and recordings are retained for one year. Requested call recordings will be delivered via.wav file. The City of Miami Beach is encouraged to place test calls into the center to ensure CSR compliance with City of Miami Beach protocols and quality levels. CSR are monitored 24/7 by supervisors. Emergency Operations Center (EOC) And Emergency Operations Call Center Planning The City of Miami Beach working with the WE ANSWER Major Accounts Team will meet to develop an Emergency Operations Plan (EOP) to outline the concepts of the operations for coordinated effort by the City of Miami Beach, the call center, and other government departments. Stakeholders will develop an emergency operations plan to provide a common guide for action and a framework System Backup 1-800 We Answer has a disaster recovery plan and procedures in place in the event of phone outages, software or hardware failures. 1-800 We Answer's primary telephone company provider for your contact centers is PAETEC/ Windstream. 241 Commission Memorandum -RFP # 022-2013 Call Center Services March 13, 2013 Page 7 Fees The following are the fees proposed by 1-800 We Answer. Additionally, 1-800 We Answer proposed an alternate cost proposal of a flat feet in the amount of $99,000 per year for the City's consideration. r Production Minute Per Share r Hour Per Dedicated Agent **Min 2 Full-Time Dedicat o Charge Training Hours $No Charge Curriculum Development $No Charge Cost per Agent per Hour (Training) $ Per Min. No Charge ** Dedicated Agents $25.0 ect Management arge cording m Supervisor I Quality Assurance $500.00 **One-Time Char MANAGER'S DUE DILIGENCE After considering the review of the 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 top-ranked proposer, 1-800 We Answer; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, lnktel Government BPO Services; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, IVOX Solutions, LLC. 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. 022-2013ME For Call Center Services; authorizing the administration to enter into negotiations with the top-ranked proposer, 1-800 We Answer; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, lnktel Government BPO Services; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, IVOX Solutions, LLC. T:\AGENDA\2013\March 13\RFP-22-2013 Call Center Services -Memo FinaLdoc 242 Per Hour Per Dedicated Agent lum Development Cost per Agent per Hour (Training) ~ I Project Management w Development of TDD Additional Item Added ***Data Storage Emergency Adder Fee ***GPS Location Fee Emergency Adder Fee ***Setup Fee (If not done in conjunction with Finance and Parking) ATIACHMENT "A11 I $ 25.00 I Hr **Min 2 Full-Time I $ 28.00 I Per Worked Hr Dedicated CSRs $No Charge Included No Charge Included I$ No Charge $ 90.00 I Per Hr I $ Per Min. No Charge I $ 20.00 I Per Training Hr ** Dedicated Agents $25.00 I Hr I$ No Charge I $ 90.00 I Per Hr 90.00 I Per Hr Included $Included **One-Time Charge I $ 23.00 I Hr $ 21.00 I Hr $ 25.00 I Hr $ 21.00 I Hr I$ 25.00 I Hr To Be Provided By City of Miami Beach $20.00 $750.00 Equip. Fee (Per Unit)+ $32.00 I Hr Agent Time+ $50.00 Per Mth for Dedicated Telephone Line + $ 100.00 Per Month, Per Terabyte of Storage To Maintain files $ 15,000.00 2,500.00 N ~ ~ 8FP 02lr2013ME tAlL CENTER ALTERNATE l..SOO W~Answer **Flat Fee for Services-aa~.-'"""r Inktel GovemmentBPO Services. IVOX S<>lu~iQn$;. ** The annual _ Miami Beach program has been stated as '5.000.00 for the Finance and for 20 Tier 2 or higher calls requiring escalation would be xispositioned to two to the account at a rate of $32.00/hr. This results in up to $67,000.00 available for agent time, and is the most flexible and cost effective maximize the dollars devoted to client service. 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. 022-2013ME, FOR CALL CENTER SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED PROPOSERS, 1-800 WE ANSWER; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-RANKED PROPOSER, INKTEL GOVERNMENT BPO SERVICES; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE THIRD-RANKED PROPOSER, IVOX SOLUTIONS, LLC.; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on December 12, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 022-2013ME For Call Center Services (RFP); and WHEREAS RFP No. 022-2013ME was issued on December 24, 2012, with an opening date of February 41h, 2013; and WHEREAS a pre-proposal conference to provide information to the proposers submitting a response was held on January 9, 2013; and WHEREAS, twelve (12) prospective proposers downloaded the solicitation from BidNet and 22 from The Public Group; additionally, the Procurement Division notified 60 additional proposers via e-mail, which resulted in the receipt of four (4) responsive proposals; and WHEREAS, on February 20, 2013, the City Manager via Letter to Commission (LTC) No. 058-2013, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Barbara Hawayek, Customer Services Manager; • Manny Marquez, Revenue Manager, Finance Division; • Gina Davidson, Resident and Leadership Academy Graduate; • ltziar Gonzalez, Resident and Leadership Academy Graduate; and • Drazen Cvijanovic, Resident and Leadership Academy Graduate; The following individuals were appointed as alternates: • Rocio Alba, Financial Analyst Ill, Parking; • Georgie Echert, Finance Assistant Director; and WHEREAS, the Committee convened on February 28, 2013 to consider proposals received and interview proposing teams; and 245 WHEREAS, the Committee was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services, Performance Evaluation Surveys, and additional pertinent information from all responsive proposers; and WHEREAS, the Committee discussed its individual perceptions of the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly; and WHEREAS, a motion was presented by Manny Marquez, seconded by Barbara Hawayek, and unanimously approved by all Committee members, to recommended entering into negotiations with the top-ranked proposers, 1-800 We Answer; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, lnktel Government BPO Services; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, IVOX Solutions, LLC; and WHEREAS, after considering the review of the 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 top-ranked proposer, 1-800 We Answer; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, lnktel Government BPO Services; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, IVOX Solutions, LLC. 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) proposals (RFP) No. 022-2013ME For Call Center Services; authorizing the administration to enter into negotiations with the top-ranked proposer, 1-800 We Answer; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, lnktel Government BPO Services; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, IVOX Solutions, LLC. PASSED AND ADOPTED THIS ___ DAY OF --------'2013. ATTEST: CITY CLERK MAYOR T:\AGENDA\2013\March 13\RFP-22-2013 Call Center Services -RESO.doc 246 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION : ,_ 3-~-~ 3 om~(!-. Date C7 -Resolutions C7M A Resolution Waiving By 5/7th Votes, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Purchase Vehicles Pursuant To The Florida Sheriffs Association Contract No. 12-20- 0905. (Fleet Management) {Memorandum to be Submitted in Supplemental) 247 Agenda Item C 1 M Date 3-13 -I) THIS PAGE INTENTIONALLY LEFT BLANK 248 '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 Interim City Manager Pertaining to the Ranking of Firms, Pursuant to Request for Qualifications (RFQ) NO. 52-11/12, for Professional Construction Engineering and Inspection (CE!) Firms to Provide Various CE! Services on an "As Needed" Basis; Authorizing the Mayor and City Clerk to Execute Agreements upon Completion of Successful Negotiations with the Five Top-Ranked Proposers: Atkins North America, Inc., Bermello Ajamil & Partners, Inc., Chen Moore and Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), and Parson Brinckerhoff, Inc. Key Intended Outcome Supported: Ensure well-maintained infrastructure Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or "good." Issue: l Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: Adequate management of construction projects by the City of Miami Beach Office of Capital Improvement Projects (CIP) requires implementation of CEI services during construction including, but not limited to, general coordination, value engineering, pre-construction, field observations, shop drawing submittals, quality control, and closeouts. The ability to have a rotating list of CEI firms available to provide these services for Capital Improvement Projects would enable the City to effectively and efficiently manage these projects. It is the intent of the City of Miami Beach to select several firms under this RFQ, which will be contacted on an as-needed basis. This contract shall remain in effect for two (2) years from the date of contract execution by the Mayor and City Clerk, with two (2), one (1) year renewal options, at the sole discretion of the City Manager. On July 18, 2012, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 52-11/12. The RFQ was issued on August 14, 2012, with an opening date of September 13, 2012. A pre- qualifications conference to provide information to the proposers submitting a response was held on August 22, 2012. BidNet issued bid notices to 272 prospective proposers, of which 10 firms downloaded the RFQ. In addition, 254 vendors were notified via e-mail resulting in the receipt of 17 proposals. On November 15, 2012, the Interim City Manager via Letter to Commission (LTC) No. 295-2012, appointed an Evaluation Committee which convened on February 8, 2013, to review and discuss the proposals received in accordance with criteria established in the RFQ. In determining the most qualified firms, the Committee discussed each prospective firm's qualifications, experience, and competence. Prior to scoring and ranking the proposals, the Committee unanimously agreed to select the top five (5) ranked firms. A motion was presented by Jose Perez, seconded by Stacy Kilroy, and approved by all Committee members to recommend entering into negotiations with the top five (5) ranked firms: Atkins i'lorth America, Inc., Bermello Ajamil & Partners, Inc., Chen Moore and Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), and Parson Brinckerhoff, Inc. After considering the review and recommendation of the evaluation committe, the Interim City Manager exercised her due diligence and is recommending that the Mayor and the City Commission authorize negotiations with the five (5) top-ranked firms: Atkins North America, Inc., Bermello Ajamil & Partners, Inc., Chen Moore and Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), and Parson Brinckerhoff, Inc.; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the administration. Advisory Board Recommendation: __________________ j lN~/A~~~--~------------------------------Financiallnformation: [-source of _.:.....:..:..:.c.'Ti""_-_-::_-::_-::_~-::_-_-:-::_-::_-=._--'---'~A:;:..:-m·-:.::o-....:cu-:.:.:n~t-::_-::_-::__-:--]'1 --Account ~· . ' Funds: . . 1 N/A _ OBPI Total ~~~~~~---------~----------------------------_, Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: [FeiTi'ando Vazquez x6135 Sign-Offs: MfAf\/\!BEACH ----------------------------------·-----~ 249 ·ar Officer Interim City .Mana r KGB AGENDA tTEM ~ 7 /J DATE 3--/?z·-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager~/- March 13, 2013 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE INTERIM CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 52-11/12, FOR PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN "AS NEEDED" BASIS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS WITH THE FIVE TOP- RANKED PROPOSERS: ATKINS NORTH AMERICA, INC., BERMELLO AJAMIL & PARTNERS, INC., CHEN MOORE AND ASSOCIATES, CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS), AND PARSON BRINCKERHOFF, INC. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure well-maintained infrastructure. ANALYSIS Adequate management of construction projects by the City of Miami Beach Office of Capital Improvement Projects (CIP) requires implementation of CEI services during construction including, but not limited to, general coordination, value engineering, pre-construction, field observations, shop drawing submittals, quality control, and closeouts. The ability to have a rotating list of CEI firms available to provide these services for Capital Improvement Projects would enable the City to effectively and efficiently manage these projects. This Request for Qualifications is for Professional Construction Engineering and Inspection (CEI) firms to provide various CEI services to the City on an "as needed" basis. "As needed" basis means that each firm awarded a contract pursuant to this RFQ will be placed on a professional CEI list where the City may call upon it to perform professional projects, as assigned by the City Administration. As the need for services arise, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost. It is the intent of the City of Miami Beach to select several firms under this RFQ, which will be contacted on an as-needed basis. This contract shall remain in effect for two (2) years from the date of contract execution by the Mayor and City Clerk, with two (2), one (1) year renewal 250 Commission Memorandum -RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 2 options, at the sole discretion of the City Manager. SCOPE OF SERVICES The Consultant's Basic Services that may be provided under the Agreement entered into pursuant to this RFQ shall (at a minimum) consist of, but not be limited to, the following: 1. Administer the Construction Contract and monitor and inspect the work performed by the Contractor such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions of the Construction Contract. 2. Provide Survey Control -Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record measurements necessary to calculate and document quantities for pay items, (2) make and record pre-construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and (3) perform incidental engineering surveys. 3. Resident Engineering Services -Coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed. a) General Coordination: The Consultant shall communicate daily or periodically with the City, the Design Consultant and Contractor, as needed. They shall report on concerns as it relates to the construction effort and activities. In addition, the Consultant shall also coordinate with the Public Information Officer (PIO) where notifications such as utility outages, road closures, etc. may be required. The Consultant shall monitor and verify that the Contractor has made the required notifications to the utility owners, residents and businesses as may be required. b) Value Engineering Meetings: The Consultant shall be expected to attend, participate, and provide cost estimating information at Value Engineering meetings between the City, the Design Consultant, and the Contractor for the Project. c) Resident's Information Meetings: The Consultant shall be expected to attend, address residents' concerns, participate, produce meeting minutes, and take a lead role in Resident Information Meetings with the City for the Project. d) Pre-Construction Meetings: The Consultant shall be expected to attend, participate, produce meeting minutes and take a lead role in Pre-Construction Meeting with the City, Design Consultant and Contractor for the Project. The Pre-construction Meeting shall be scheduled once the first Notice-to-Proceed is issued to the Contractor. e) Weekly Construction Progress Meetings: The Consultant shall attend, participate and take a lead role in weekly construction project meetings with the City, Design Consultant and Contractor on the Project. These meetings shall serve as forums to review the status of construction progress, discuss construction issues, discuss 251 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 3 schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and Construction Document clarifications and interpretations, and to resolve problems before they become critical. Consultant shall prepare weekly meeting minutes and distribute to all meeting attendees, review the two week look ahead provided by the Contractor and provide comments or objections to written statements within the specified timeframe. The Consultant shall prepare detailed weekly reports that describe the construction activities, progress, incidents and issues that have occurred on the construction site and distribute to the attendees in advance of the weekly construction progress meetings. f) Field Observations: The Consultant shall conduct field observations on a daily basis throughout the duration of construction. Field observations shall be provided jointly by the City and the Consultant. If and when necessary, the City shall provide part-time construction inspectors for the duration of the Project. The role of the City's construction inspectors shall be limited. The Consultant shall be present at the construction site daily during the construction phase of the Project and shall be expected to be available, as needed, throughout the Contractor's work day. g) Stormwater Permit -Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors". The Consultant's inspector shall be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Storm Water Discharges from Construction Sites" and the City's guidelines. h) Specialty Design Consultant Site Visits: The Consultant shall monitor the number of specialty site visits requested by the Contractor or City and conducted by the Design Consultant. When it becomes evident that a specialty site visit from the design Engineer of Record (EOR) shall be required, the Consultant shall notify the EOR to discuss and schedule a mutually acceptable time for meeting at the construction site. i) Daily Reports: The Consultant shall prepare daily reports, on the same date as construction occurs, to record the daily performance of the Contractor as well as other significant construction related matters. Daily reports shall be uploaded by the Consultant to e-Builder™, the City's document management system. At the end of each week, the Consultant shall forward the original daily reports to the City for review. The Consultant shall maintain and file paper copies of the daily reports onsite for reference. The daily reports shall include records of when the Contractor is on the job- site, general field observations, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily reports shall contain the following information: • Weather and general site conditions • Contractor's work force counts by category and hours worked • Description of Work performed including location • Equipment utilized 252 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 4 • Names 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 record of materials, equipment and labor used in connection with extra work, or where there is reason to suspect that a claim or request for Change Order may be submitted by the Contractor • Summary of any substantive discussions held with the Contractor and/or City • Summary of nonconforming work referenced to corresponding Non-Compliance Notice • A log of photographs taken j) Photographic Record: Consultant shall provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on-going construction documentation, and ending with post-construction documentation. Photographs shall be digital snapshot type taken to define the progress of the project and shall be filed electronically by month in e-Builder™, the City's document management system, labeled by date, time and location. The Consultant shall upload all photos to the e-Builder™ document management system on a weekly basis. k) Adherence to Construction Documents: The Consultant shall review materials and workmanship of the projects and report to the City any deviations from the Construction Documents that may come to the Consultant's attention. Consultant shall determine the acceptability of the work and materials and, in concert with the Design Consultant (as necessary), make recommendations to the City to reject items not meeting the requirements of the Construction Documents. I) Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite, the Consultant shall check the material's certifications and samples and verify that an approved shop drawing was submitted for the material in question. If it is determined that a submittal has not been approved, the Consultant shall immediately notify the City and issue a Non~Compliance Notice. In conjunction with the Design Consultant (as necessary), the Consultant shall direct and supervise the sampling and testing of materials to be performed by the City's independent testing laboratory. The Consultant shall maintain test report logs which shall be submitted to the City for review on a monthly basis and uploaded to e-Builder™, the City's document management system on a weekly basis. Consultant shall also review invoices submitted by the independent testing laboratories and recommend payment by the City. m) Shop Drawing Submittals: The Consultant shall review shop drawing and product approvals throughout the duration of the construction period for familiarity prior to delivery of materials. Consultant shall verify that Contractor is maintaining a submittal log, conducting timely submittals, and uploading approved shop drawings to e- Builder™, the City's document management system. 253 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 5 n) Issuance of Non-compliance Notices: The Consultant shall be responsible for notifying the City when they become aware of a condition that is believed to be in non- compliance with Construction Documents. Anytime the Consultant notices a potential construction problem or a condition that could result in non-complying materials, equipment or workmanship, the Consultant will need to determine whether the condition poses an immediate threat to public health or safety. If a condition does not pose a threat to public health or safety, immediate verbal notification or "Pre- Noncompliance Notice" of 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 shall notify the City and the City's Projects Coordinator shall issue a Non-compliance Notice. If a condition poses an immediate threat to public health or safety, the Consultant shall notify the Contractor and City immediately and the City's Projects Coordinator shall issue a Non-compliance Notice to the Contractor. Non-compliance Notices shall include a description of the Work that does not meet the construction contract requirements, along with a required timetable for corrective work to be implemented by the Contractor. Other items that should be included in the Notice include a reference to the provision of the Construction Documents that has been violated. o) Damage to Existing Facilities: The Consultant shall identify any existing facilities damaged by the Contractor and verify that the Contractor has notified the respective owner(s). The Consultant shall include record of such occurrences in the daily reports. p) Change Orders: Consultant shall perform an independent review of any Change Orders submitted by the Contractor and provide a written statement noting recommendation for approval or denial of the Change Order to the City. If recommended for approval, the Consultant shall note if the requested cost and schedule impacts are fair and reasonable. The Consultant shall be responsible for maintaining a Change Order log and uploading approved Change Orders to e- Builder™, the City's document management system. The Consultant shall also participate in change request review meetings with City and Contractor to resolve and/or negotiate the equitable resolution of request. q) Requests for Information/Construction Document Clarification (RFis/CDCs): When RFis and CDCs involve design issue interpretations, the Consultant shall coordinate with the Design Consultant, as needed, to resolve the Contractor's Requests for Information, Construction Document Clarifications, Field Orders, and other related correspondence. The Consultant shall be also be responsible for verifying that the Design Consultant is providing a written response to RFis and CDCs in a timely manner and for processing, logging, and distributing all RFis/CDCs. Consultant shall upload all RFI and CDC responses to e-Builder™, the City's document management system. r) Schedule: Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baselfne(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays shall be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all 254 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 6 contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in the contract documents. s) Pay Requisitions: Consultant shall verify Contractor's pay requisition quantities and sign-off on all pay requisition quantities in the field. Consultant shall be responsible for reviewing with the Contractor the monthly payment requisition to confirm the status of completed and uncompleted work and stored materials. The Consultant shall advise the City of quantities being approved for subsequent concurrence for payment purposes. Payment Requisitions shall only be approved by the City. t) Equipment Tests and Systems Start-up: Consultant shall be responsible for coordinating various tests for quality control on the projects; verifying that equipment tests and systems start-up are conducted in the presence of appropriate personnel; and that the Contractor is maintaining adequate records thereof. Consultant shall observe, record, and report appropriate details relative to the test procedures and start- up. u) Record Drawings: Consultant shall monitor that record drawing mark-ups are properly maintained by the Contractor. The Consultant shall review the record drawing mark-ups as deemed necessary by the City. Contractor's failure to maintain the record drawings in up-to-date condition may be deemed grounds for withholding Contractor's monthly payment requisitions until such time as the record drawings are brought up-to- date. The Consultant shall notify the City if it considers the mark-up documents insufficient. The City shall make final determination of payment withholding. v) Safety: Consultants shall be expected to recognize a hazard that any reasonable non- safety professional might be expected to recognize. In addition, those safety obligations extend only to recognizable hazards that the Consultant may note while in the normal conduct of onsite business. If a situation presents itself, the following procedures should be followed: • Immediately direct personnel to remove themselves from the apparent danger. • Notify the Contractor's superintendent of the apparent condition that caused the concern and that the affected personnel were directed to remove themselves accordingly. • Notify the Contractor of the situation that arises concern, both in writing and verbally. • Issue a written Notice of Noncompliance stating that the Contractor should take immediate action as it deems necessary to correct the deficiency I condition. • Write a full report in the Daily Report on the condition found to be unsafe, all actions taken, and correspondence written, including times and names. • Take photographs, of the concern. • If the Contractor does not make corrections, the Consultant should notify the City. • The Consultant shall review the situation with the City for further direction. • The condition, as well as all conversations and correspondence, shall be recorded in the Consultant's Daily Report. • In the case of a construction~related accident, Consultant shall notify the City of 255 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 7 the accident. Consultant shall direct the Contractor to prepare an accident report with a copy forwarded to the City. w) Quality Control: The Consultant shall review and monitor the Contractor's adherence to an acceptable quality control program submitted by the Contractor prior to the issuance of the second Notice-to-Proceed by the City. This program shall describe the Contractor's quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction shall be the responsibility of the Contractor; however, oversight and ensuring the Contractor complies with applicable jurisdictional construction standards shall be enforced on the City's behalf by the Consultant. x) Proceeding with Disputed Work: In the event that an agreement cannot be reached on a Change Order, the Contractor must carry on the work and adhere to the project schedule in accordance with the construction contract general conditions. The Consultant shall log all forced work efforts related to disputed change order on a Forced Work Daily Log Reports which shall be signed and dated by the Consultant and the Contractor's representative at the completion of each workday. The Consultant shall forward copies of this form to the City for record purposes. y) Maintenance of Traffic (MOT): The Contractor shall provide the Consultant, City and Design Consultant with approved copies of its MOT at the Pre~Construction Meeting for general information purposes. It shall be the Consultant's responsibility to verify compliance with the MOT in the field. z) Contractor Request for Services: When the Contractor requires services from the City for issues such as water main shutdowns, tie~ins to existing water mains, special regulatory inspections, etc., a request shall be made in writing by the Contractor, and forwarded by the Consultant to the City, a minimum of three working days prior to when required. aa) Substantial Completion: When the Contractor considers that the Work has reached Substantial Completion, the Contractor shall notify the Consultant who shall verify that the work has progressed to the substantial completion point in accordance the Construction Documents. If the Consultant is in agreement, the Consultant shall contact the City to agree on a schedule for conducting a substantial completion "walk- through" inspection of the Work. Consultant shall attend and participate in the substantial completion "walk-through", perform a substantial completion inspection with the Contractor, Design Consultant and the City, and prepare a master punch list that describes items remaining to be completed. This master punch list shall be attached to the certificate of substantial completion. bb) Final Completion and Project Closeout: When the Contractor considers that the Work has reached Final Completion, the Contractor shall notify the Consultant who shall verify that the work has progressed to the Final Completion point in accordance the Construction Documents. If the Consultant is in agreement, the Consultant shall contact the City to agree on a schedule for conducting a Final Completion "walk- through" inspection of the Work. Consultant shall attend and participate in the Final Completion "walk-through" and perform a Final Completion inspection with the Contractor, Design Consultant and the City. If the work is determined to be incomplete, Consultant and other attendees shall each develop a punch list of items requiring 256 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 8 completion or correction prior to consideration of final acceptance of each project which shall be forwarded to the Contractor by the Consultant for the Project. Consultant shall complete all necessary close-out and construction completion forms and documentation in coordination with the City for the Project. The Consultant shall work with the Design Consultant and the Contractor, as necessary to ascertain materials required for the closeout binder, as required by the City, and review the Operation and Maintenance manuals for each project for completeness prior to forwarding documentation to the City. Once all parties determine the work is complete and the Contractor has delivered all close-out documentation to the City, the Consultant shall prepare a Final Certificate for Payment. The Consultant shall be responsible for providing final certifications based on the entire scope of work for the Project. cc) Consultant and Design Consultant Relationship: These services outlined herein are intended to provide support to both the City and the Design Consultant during the construction phase of the Project. The Consultant shall perform the services outlined in this Agreement under the supervision and contractual directives of the Project Coordinator, and shall refer all matters pertaining to this Agreement to the City. In matters relating to the design concept and constructability thereof, the Consultant shall conduct this scope of services under the technical directives issued by the Design Consultant such that the Design Consultant's EOR can provide final certification of the design components at Project Closeout. 4. Provide qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. The personnel shall be qualified by experience and education. Submit in writing to the City for review and approval, the names of personnel proposed for assignment to the project, including a detailed resume for each. The City reserves the right to have Consultant's personnel removed and substituted from the project, if the employee's conduct or performance is detrimental to the project. The City reserves the right to request periodic rotation of field personnel. 5. The Consultant shall furnish the City with a Quality Assurance Plan within 15 calendar days after the award of this agreement. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization for providing services pursuant to this Agreement. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to: • Consultant's QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. • Methods used to monitor and achieve organization compliance with Agreement requirements for services and products. • Outline the types of records which shall be generated and maintained during the execution of the QA program. • Methods used to control subconsultant and vendor quality. • An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with specifications, plans, City standards, and City's procedures. • Maintain adequate records of the quality assurance actions performed by the 257 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 9 organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. 6. Provides assistance in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. 7. Provide qualified engineering witnesses and exhibits for arbitration hearings or litigation in connection with the Agreement. 8. Provide services determined necessary for the successful completion and closure of the Construction Contract. 9. Provide Post construction claims review-The Consultant shall analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. 10. The Consultant may be asked to provide all or some construction engineering and inspection services including inspectors, construction managers and/or construction administration staff for CIP Right-of-Way construction projects. RFQ PROCESS On July 18, 2012, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 52-11/12, for Professional Construction Engineering and Inspection (CEI) Firms to provide various CEI services on an "as needed" basis. The RFQ was issued on August 14, 2012, with an opening date of September 13, 2012. A pre-qualifications conference to provide information to the proposers submitting a response was held on August 22, 2012. Bidnet issued bid notices to 272 prospective bidders, of which 10 downloaded the RFQ document. In addition, 254 vendors were notified via e-mail, which resulted in the receipt of the following seventeen (17) proposals: • A&P Consulting Transportation Engineers, Corp. • Atkins North America, Inc. • Bermello Ajamil & Partners, Inc. • Network Engineering Services, Inc. d/b/a Botton Perez & Associates • Corzo Castella Carballo Thompson Salman, P.A. (C3TS) • Calvin, Giordano & Associates, Inc. • C.A.P. Engineering, Inc. • Chen Moore and Associates • CIMA Engineering Corp. • CMTS Construction Management Services, LLC • Craven Thompson & Associates, Inc. • CSA Central, Inc. • Eisman & Russo, Inc. • New Millenium Engineering, Inc. • Parson Brinckerhoff, Inc. 258 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 10 • S&D Engineering and Construction, Inc. • Tamayo Engineering, LLC Through the Procurement Division's review of each bid for responsiveness, S&D Engineering and Construction, Inc. was deemed nonresponsive for failing to submit mandatory information pertaining to their experience and qualifications. On October 2, 2012, the Procurement Division notified S&D of the missing information to which the firm never responded. On November 15, 2012, the Interim City Manager via Letter to Commission (LTC) No. 295- 2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Maria Cerna, Senior Capital Projects Coordinator, CIP • Stacy Kilroy, Capital Improvement Projects Oversight Committee member • Jose Perez, Capital Projects Coordinator, CIP • Michael Phang -Resident, Associate Dean at the University of Miami College of Engineering • Jose Rivas, Civil Engineer Ill, Public Works Alternate • Elizabeth Camargo, Capital Improvement Projects Oversight Committee member On February 8, 2013, the Committee convened to review and discuss the proposals received. Committee member Michael Phang was unable to attend. In determining the most qualified firms, the Committee discussed each prospective firm's qualifications, experience, and competence. They also scored and ranked each accordingly to develop its recommendation to the Interim City Manager based on the criteria noted in the RFQ below. %~;~3t~~£··.·; 30 The experience and qualifications of the professional personnel assigned to the Project Team and the Project Manager, as well as their familiarity with this project and a thorough understanding of the 1----::--::---+-::m:::-e=-ct:.:...:h-=-od.:.:..o=logy and approach to be used in this assignm~ ____ _, 25 The ex erience and qualifi~§tions_of the Proposer 20 1 Past performance based on quality of the Performance Evaluation 5 5 Surveys and the Administration's due dilligence based upon reference checks performed of the Firm(s) clients Willingness to meet time and budget requirements as demonstrated b a~t performance, methodolog_y _ _9nd approach -·---~ Certified minority business enterprise participation. Either the Proposer or a member of the Proposer Team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business 1----::---~-:-A-=-=d::..:..m:..:..:i-'-n'-=is...:::.:..tr§!~On (SBA), State of Florida, or Miami-Q_ade f_o_u_n_t_,__y __ --1 5 Location r----5---+i'-'Reg~nt, -c·-u-rr_e_n_t and proje~te-d -~_orkloads of tbe 'f~--:--~--::"C-:-:------=-...,...-~ 5 The volume of work previously awarded to each firm by the City, with .__ __ __~._.the. object of effecting_ an egyitable distribution of contract§_ among 259 Commission Memorandum -RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 11 q-ualified firms, provided . such distribution does not violate the l ----·-principle of selection of t~e most _highly qual~jed firm ··---~~· 5 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 , r·----+-C....._i.!y's Local Prefer~ . .c...nc_e'--=O=rd.:....i_na-=n-=-c;_;e_-:-· ---:-:---=--~:-:------:-:-:------:-----1 5 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 controlledj l by a veteran(s) or a service-disabled veteran business enterprise, as __ defined in .!he City's Veterans Preference Ordinance. .. . Prior to scoring and ranking the proposals, the Committee unanimously agreed to select the top five (5) ranked firms. The following table provides the scoring and ranking results: ·a~~~ Parson Brinckerhoff, Inc. 6 (93) 1 (94) 1 (94) 2 (89.92) _10 (370.82) Bermello Ajamil & Partners" Inc. 1 B (89) 2 (93) 4 (85) 1 (90.8) 15 {357.8) Atkins North America, Inc. --_i_(88.5) 4 (89) 2 (90) 3 (89.72) _18 (357.2~ Chen Moore and Associates 5 (93.5) 5 (86) 6 (84) I 4 (89.27) 20 (352.77) Corzo Castella Carballo Thompson Salman, _P .A. (C3TS) 2 (95) 3 (90) 9 (82) 6 (82.55) 20 (349.55) _CIMA Enginee.!ing Corp. 3 (94) 9 (82) 5 (84.8) 8 (82.62) 25 {343.42) CSA Central, Inc. 1~6_) __ 8 (83) 8 (83) 9 (79.02) 26 (341.02) - A&P Consulting Transportation Engine_ers, Corp. 14 (86) 7 (84) 3 (86) 5 (83.35) 29 (339.35) Craven Thompson & Associates, Inc. 11_ (87.5) 6 (85) 10 (81.9) -7 (82.27) 34 (33_6.67) Eisman & Russo, Inc. 12 (87) -10 (82) 7 (83.8) ~3 (72) 42 (324.8) Tamayo Engineering, LLC 4 (94) 16_(74) 11 (80) 12 (73) 43 (321) ,-~ Bolton Perez & Associates 7 (91) 13 (79) 15 (77) 11 (74.82) 46 (321.8?) Calvin, Gi~rdano & Associates, l~c. 13 (86.5) ·-12 (80) _!2 (78) _!Q(_78.58) 47 (323.08) C.A.P. ~ngineering, Inc. __ .!_0 (88) _11 (81] 13 (77.~) 15 (70.8)_ 49 (317.7) CMTS Construction Ma nagemct Services, LLC 16 (80) 15 (76) 14 (77.5) 14 (71.45) 59 {304.95) New rylillenium Engineering, Inc. ~~..?) 14 (78) 16 (72} 16 (65.97) 61 (297.97) A motion was presented by Jose Perez, seconded by Stacy Kilroy, and approved by all Committee members to recommend entering into negotiations with the top five (5) ranked firms: Atkins North America, Inc., Bermello Ajamil & Partners, Inc., Chen Moore and Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), and Parson Brinckerhoff, Inc. COMPANY PROFILES Atkins North America, Inc. is a full-service construction management, engineering, and architectural firm with a proven track record with the City of Miami Beach. Atkins has 260 Commission Memorandum-RFQ # 52-11-12 forCE/ Services on an "As-Needed" Basis March 13, 2013 Page 12 supported numerous municipal projects and capital improvement programs, providing services such as CEI, survey, cost estimating and scheduling, general engineering consulting, traffic engineering, coastal engineering, and civil/utilities engineering. Their project manager also has 33 years of experience in the construction industry as a general contractor and building code compliance officer. Notable projects include: • Bayshore Neighborhoods Right-of-Way (ROW) Improvements Resident Project Representative (Miami Beach, FL) • NW 116th Way Bridge CEI Services (Medley, FL) • SR 60 CEI Services (FOOT District Four) Bermel/o Ajamil & Partners, Inc. is an international multi-disciplinary NE firm that provides complete planning, design, and construction services in the disciplines of architecture, engineering, planning, interior design, and landscape architecture specializing in municipal, transportation, commercial, residential, and maritime projects. Their project manager also has 21 years of engineering experience. Notable projects include: • CEI Services on a Continuing Basis for the Design-Build of Traffic Calming Projects Task Order #1 (Doral, Florida) • CEI Services for S.R. 87 4 from Kendall Drive to 11 yth Street (Miami-Dade Expressway Authority) • CEI Services for Okeechobee Road Reconstruction Project Grouping (FOOT District Four) Chen Moore and Associates is a civil/environmental engineering, landscape architecture and construction management consulting firm founded in 1986 and providing related services in Miami-Dade County since 1999. CMA has extensive experience working on neighborhood roadway, water, sewer and drainage projects, including Miami Beach Capital Improvement Projects, Broward County Neighborhood Improvements, and Dania Beach Neighborhood Improvements. Their project manager also has over 28 years of construction experience. Notable projects include: • City Center Right-of-Way Improvements (Miami Beach, FL) • South Pointe 111/IV/V Right-of-Way Improvements (Miami Beach, FL) • Lake Patricia Roadway and Drainage Improvements (Miami Lakes, FL) Corzo Castella Carballo Thompson Salman, P.A. (C3TS) is a local, multi-disciplined engineering and design firm, with in-house staff that provide a broad array of services such as civil, construction administration, transportation, environmental, structural, electrical and mechanical engineering, as well as planning, architecture, and public information services and has been providing fully integrated engineering and architectural design services throughout South Florida for over 24 years. Their project manager also has over 10 years of experience in the design and construction of civil engineering and site development projects. Notable projects include: • Golden Beach A1A Utility Underground Conversion of Overhead Facilities to Underground (Golden Beach, FL) • Zones 1 & 4 Water Main and Sanitary Sewer Replacement (Key Biscayne, FL) • Belle Meade Drainage Improvements and Stormwater Pump Station Design (Miami, FL) Parson Brinckerhoff, Inc. provides a wide range of CEI, construction management, program management, engineering, planning, architectural and environmental services to serve both the public and private sectors. Founded in 1919 and serving South Florida since 1978, 261 Commission Memorandum -RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 13 Parsons has been providing CEI services for Miami-Dade Expressway (MDX), Miami-Dade County and the Florida Department of Transportation together with working on similar CEI task-order contracts for the City of Miami. Their project manager also has over 27 years of experience having worked as an Inspector, Office Engineer, Project Engineer, Project Manager and a Senior Project Engineer. Notable projects include: • Miami International Airport New Northside Runway (8L-26R) (Miami-Dade County, FL) • 54" & 20" Government Cut Utility Relocation (Miami-Dade County, FL) • S.R. 836 Westbound Auxiliary Lanes and New Bridge (Miami-Dade Expressway Authority) INTERIM CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of the Evaluation Committee, the Interim City Manager exercised her due diligence and is recommending that the Mayor and the City Commission authorize negotiations with the five (5) top-ranked firms: Atkins North America, Inc., Bermello Ajamil & Partners, Inc., Chen Moore and Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), and Parson Brinckerhoff, Inc.; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the administration. See Attachment A for an example of a current CEI agreement. The following is a list of previous CEI projects performed by the recommended firms for the City (Chen Moore and Associates and Parson Brinckerhoff, Inc. are not contracted under the current CEI contract): • Atkins North America, Inc. o Bayshore Neighborhood ROW Improvements o City Center 9A/9C • Bermello Ajamil & Partners, Inc. o Indian Creek ROW Improvements o Ice Rink Mechanical Repairs -Scott Rakow • Corzo Castella Carballo Thompson Salman, P.A. (C3TS) o Feasibility Study for South Pointe Water Feature o Pine Tree Drive over La Gorce Canal Repair o Review of Contractor Claims on South Pointe Phase II Chen Moore and Associates has performed design and construction administration services on the following projects for the City: • 35th Street Bathrooms • City Center • Implementation of Bike Lanes on Alton Road • South Pointe Phase Ill, IV, and V • Streetscape Improvements at 21st Street between Parks and Collins Avenue • Sunset Island I & II Redesign In regards to previous work performed for the City, both the CIP Office and Public Works Department acknowledged that the recommended firms had performed well in recent years. While there were concerns of Bermello Ajamil & Partners, Inc. performance on the Indian Creek project in 2010, on their more recent project (Ice Rink Mechanical Repairs-Scott Rakow), CIP has been satisfied with their performance. See the past performance surveys received by previous clients of the recommended firms in Attachment B. 262 Commission Memorandum -RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 14 CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the Interim City Manager pertaining to the ranking of proposals pursuant to Request for Qualifications (RFQ) No. 52-11/12, for Professional Construction Engineering and Inspection (CEI) firms to provide various CEI services on an "as needed" basis; authorizing negotiations with the top five ranked firms: Atkins North America, Inc., Bermello Ajamil & Partners, Inc., Chen Moore and Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), and Parson Brinckerhoff, Inc.; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the administration. KGB/FV/AD T:\AGENDA\2013\March 13\RFQ 52-11-12-CEI Services-Memo.doc 263 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 15 ATTACHMENT A-SAMPLE CEI AGREEMENT PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PROJECTS IN WHICH CONSTRUCTION COSTS DO NOT EXCEED $1 MILIJION OR FOR STUDY ACTIVITY (IES) WHEN THE FEE FOR SUCH PROFESSIONAL SERVICE(S) DOES NOT EXCEED $50,000 JUNE 2008 264 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 16 TABLE OF CONTENTS DESCRIPTION ARTICLE 1 DEFINITIONS 1.1 City 1.2 City Commission 1 .3 City Manager 1.4 Proposal Documents 1.5 Consultant 1 .6 City Project Coordinator 1. 7 Program Manager-Intentionally omitted 1.8 Basic Services 1 .9 The Project 1.9.1 The Project Cost 1.9.2 The Project Scope 1.10 Construction Cost 1.1 0.1 Construction Cost Budget 1.1 0.2 Statement of Probable Construction Cost 1 .11 Force Majeure 1.12 Contractor 1 .13 Contract Documents 1.14 Contract Amendment 1 .15 Contract for Construction 1.16 Additional Services 1.17 Work 1 .18 Services 1.19 Schedules 1 .20 Scope of Services ARTICLE 2. 2.1 2.2 2.3 BASIC SERVICES Administration, Inspection, and Materials Sampling and Testing Responsibility for Claims and Liabilities Time ARTICLE 3. THE CITY'S RESPONSIBILITIES ARTICLE 4. ADDITIONAL SERVICES ARTICLE 5. REIMBURSABLE EXPENSES ARTICLE 6. COMPENSATION FOR SERVICES ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS 265 PAGE 5 5 5 5 5 5 6 6 6 6 6 6 7 7 7 7 7 7 8 8 8 8 8 9 9 9 9 9 9 14 18 19 19 21 21 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 17 ARTICLE 9. 9.1 9.2 9.3 9.4 9.5 9.6 TERMINATION OF AGREEMENT Termination for lack of Funds Termination for Cause Termination for Convenience Termination by Consultant Implementation of Termination Non-Solicitation ARTICLE 1 D. INSURANCE ARTICLE 11.1NDEMNIFICATION ARTICLE 12. VENUE ARTICLE 13.LIMITATION OF LIABILITY ARTICLE 14. MISCELLANEOUS PROVISIONS ARTICLE 15. NOTICE SCHEDULES: 21 21 21 22 22 23 23 24 25 25 25 26 29 SCHEDULE A CONSULTANT SERVICE ORDER (SCOPE OF SERVICES) 31 SCHEDULE B CONSULTANT COMPENSATION 32 SCHEDULE C HOURLY BILLING RATE SCHEDULE 33 SCHEDULED PROJECTSCHEDULE 34 SCHEDULE E INSURANCE CHECKLIST 35 266 Commission Memorandum -RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 18 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND FOR PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN AS-NEEDED BASIS This Agreement made and entered into this day of , 2008, 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, , a Florida corporation having its principal office at (hereinafter referred to as Consultant). WIT N ESSE T H: WHEREAS, the City undertake(s) various capital projects within the City of Miami Beach, and wishes to engage the Consultant to provide professional services for certain projects to be assigned, at the City's discretion and by means of the issuance of a "Consultant Service Order" (similar to the form shown in Schedule "A" to this Agreement); and WHEREAS, the Consultant desires to contract with the City for performance of professional services relative to those projects assigned by the City, as specifically described in the Consultant Service Order. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees, including the Project Coordinator and shall serve as the City's representative to whom administrative requests for approvals shall be 267 Commission Memorandum-RFQ # 52-11-12 for GEl Services on an "As-Needed" Basis March 13, 2013 Page 19 made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. 1.4 PROPOSAL DOCUMENTS: "Proposal Documents 11 shall mean the Request for Qualifications (RFQ) No. 01-07/08 FOR THE ESTABLISHMENT OF A PRE- APPROVED LIST OF PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES, ON AN AS NEEDED BASIS issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 1.5 CONSULTANT: The "Consultant" is herein defined as , a Florida corporation having its principal office at When the term "Consultant" is used in this Agreement it shall be deemed to include any sub- consultants and any other person or entity acting under the direction or control of Consultant. Any subconsultants retained by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of the City. 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project, except as otherwise provided herein. 1.7 Intentionally omitted. 1.8 BASIC SERVICES: "Basic Services" shall include those services, as described in the "Consultant Service Order", issued by the City to the Consultant hereunder, and attached as Exhibit A, hereto. 1.9 PROJECT: The "Project" shall mean the City project, described in the "Consultant Service Order." 1.9.1 PROJECT COST: The "Project Cost", as established by the City, shall mean the total cost of the Project to the City including, without limitation, the Construction Cost, professional compensation, land cost, financing cost, testing services, surveys, and other miscellaneous costs. 1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description of the Project contained in the "Consultant Service Order" issued to the Consultant by the City (as may be modified by any approved change orders issued subsequently). 1.10 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean 268 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 20 the sum which is the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant and approved by the City, including, at current market rates (with a reasonable allowance for overhead and profit), the cost of labor and materials and any equipment which has been designed, specified, selected or specifically provided for by the Consultant and approved by the City, and including a contingency allowance for unforeseen conditions, not to exceed ten percent (1 0%) of the construction cost for new construction, or twenty percent (20%) of construction cost for rehabilitation of historic buildings, and not including the compensation of the Consultant and any subconsultants, the cost of land, rights-of-way, surveys, testing, or other reimbursable expenses. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsible bidder or proposer for any and all of such Work. 1.1 0.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an amount budgeted by the City for Construction Cost, as may be specified in the Project Scope. 1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean a forecast of Construction Cost prepared by the Consultant, for the guidance of the City. For Work which bids or proposals have not been let, the Construction Cost shall be the same as the latest Statement of Probable Construction Cost. The City shall have the right to verify the Statement of Probable Construction Cost or detailed cost estimate by the Consultant. 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the Project; other causes beyond the parties' control; or by any other such causes which the Consultant and the City decide in writing justify the delay; provided, however, that market conditions, labor conditions, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 1.12 CONTRACTOR I CONTRACTORS: "Contractor" or "Contractors" shall mean those persons or entities responsible for performing Work or providing materials, supplies and equipment identified in a bid and construction documents for the Project. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement and all exhibits and amendments hereto including, without limitation, the Consultant Service Order. As applicable to the Project and the Services hereto, 269 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 21 Contract Documents may also include the Contract for Construction; Conditions of the Contract (General, Supplementary and other Conditions); Construction Documents; and any addenda issued prior to execution of the Contract for Construction. A Modification is one of the following: (1) written amendment to this Agreement or the Contract for Construction signed by both parties; (2) an approved Change Order; (3) a Construction Change Directive; or (4) a written order for a minor change in the Work issued by the Consultant. 1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean a legally binding agreement between the City and Contractor(s). 1.15 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written order to the Contractor approved by the City, as specified in this Agreement, and signed by the City's duly authorized representative, authorizing a change in the Project or the method and manner of performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 1.16 ADDITIONAL SERVICES: "Additional Services" shall mean those services described in Article 4 herein, which have been duly authorized in writing by the City Manager prior to commencement of same. 1.17 WORK: "Work" shall mean the work to be performed on the Project by the Contractor, pursuant to the applicable Contract Documents, whether completed or partially completed, and includes labor and materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its obligations. 1.18.1 SERVICES: "Services" shall mean the services to be performed on the specified Project by the Consultant pursuant to this Agreement (and the Consultant Service Order), whether completed, or partially completed, and includes other labor and materials, equipment and services provided, or to be provided, by Consultant to fulfill its obligations herein. 1.19 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement as follows: Schedule A-Consultant Service Order (Scope of Service). Schedule B-Consultant Compensation: The schedule of compensation to the Consultant for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional Services, as submitted by the Consultant and approved by 270 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 22 the City. Schedule C -Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates to the Consultant as submitted by the Consultant and approved by the City. Schedule D-Project Schedule (if determined applicable by City). Schedule E -Insurance Checklist. 1.20 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as described in the Consultant Service Order issued by the City hereunder (Schedule "A"), together with any Additional Services approved by the City, as described in Articles 2 and 4, respectively herein. ARTICLE 2. BASIC SERVICES 2. I The Consultant shall provide Basic Services, on an "as needed basis," meaning that each firm awarded a contract hereby agrees to be placed on a professional CEI list where the City may call upon them to perform professional services for certain City projects, as assigned by the City, in its sole discretion and judgment. As the need for service arise, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost CEI services will be quoted as a lump sum based on the estimated hours to complete a project. Detailed hourly rates will be negotiated for all personnel classifications for the fim1s. The Services will be performed by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager, or his designee. Consultant shall countersign the Consultant Service Order upon receipt, and return the signed copy to the City. The Consultant shall coordinate with subconsultants and other consultants, and conform to all applicable codes and regulations. Consultant, as it relates to the Services, represents and warrants to the City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions in which the Project is located, including, local ordinances and codes (City of Miami Beach and Miami- Dade County), Florida Statutes, administrative rules and regulations (including the regulations of the Florida Department of Transportation [FOOT] and Florida Department of Environmental Protection [FDEP], if applicable), and Federal laws, rules and regulations. The Consultant agrees to comply with all such laws, codes, rules, and regulations now in effect, and as may be amended or adopted at any time, and shall further take into account all known pending changes to the foregoing, of which it should reasonably be aware. The Consultant expressly agrees that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of projects of this nature in South Florida. In addition, Consultant represents that it is experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules and regulations to 271 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 23 perform such Services. Consultant warrants that it shall be responsible for the technical accuracy of its work and the Services. 2.2 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and services; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, specifications or other documents prepared by the Consultant, its employees, subcontractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City and its employees. 2.3 TIME: It is understood that time is of the essence in the completion of this Project, and in this respect the parties agree as follows: 2.3.1 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement and the orderly progress of the Work. 2.3.2 The parties agree that the Consultant's Services during all phases of the Project will be performed in a manner that shall conform to the Consultant Service Order (or the approved Project Schedule, if City determines one is required). The Consultant may submit requests for an adjustment to the time provided for completion of the services in the Consultant Service Order (or the approved Project Schedule, if applicable) made necessary, by undue time taken by the City to approve the Consultant's submissions, and/or excessive time taken by the City to approve the Services or parts of the Services. The City shall not unreasonably refuse to approve such adjustment(s) to the time period(s) provided in the Consultant Service Order (or the approved Project Schedule, if applicable) if the request is made in a timely manner and is fully justified. 2.3.3 In providing the Services described in this Agreement, the Consultant shall use its best efforts to maintain, on behalf of the City, a constructive, professional, cooperative working relationship with the City's Project Coordinator, Contractor(s), and others that have been contracted to perform services and I or work pertaining to the Project. 2.3.4 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner and that it shall be responsible to the City for any failure in its performance except to the extent that acts or omissions by the City or others make such performance impossible. 272 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 24 2.3.5 Whenever during the term of this Agreement, others are required to verify, review, or consider any work performed by Consultant, including but not limited to the design professionals, Contractors, and other consultants retained by the City, Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon as possible under the circumstances, taking into account the time period(s) and requirements of the Consultant Service Order (or the approved Project Schedule, if applicable). 2.3.6 The City shall have the right at any time, and in its sole and absolute discretion, to submit for review to consulting engineers or consulting architects or other consultants, engaged by the City at its own expense for that purpose, any or all parts of the services performed by the Consultant, and the Consultant shall cooperate fully in such review at the City's request. 2.3.7 Consultant agrees that, when the Services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certification of authorization, or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 2.3.8 Consultant agrees to employ and designate in writing, within five (5) calendar days after receiving a signed Consultant Service Order, a qualified professional to serve as the Consultant's project manager (herein after referred to as "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of Services to be provided and performed under this Agreement. 2.3.9 Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do so from City, to promptly remove and replace Project Manager, or any other personnel employed or retained by Consultant, or any subconsultant or subcontractors engaged by Consultant, which request may be made by City with or without stating its cause. 2.3.1 0 Consultant herein represents to City that it has expertise in the type of professional services that will be performed and pursuant to this Agreement. Consultant agrees that all Services to be provided by Consultant pursuant to this Agreement shall be subject to City's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with applicable published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies having jurisdiction over the Project or the Services to be performed by 273 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 25 Consultant hereunder. In the event of any conflicts in these requirements, Consultant shall notify City of such conflict and utilize its best professional judgment to advise City regarding resolution of each such conflict. 2.3.11 Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without City's prior written consent, or unless incident to the proper performance of Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning Services to be rendered by Consultant hereunder, and Consultant shall require its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 2.3 .12 The City and Consultant acknowledge that the Scope of Services under the Consultant Service Order (attached as Schedule "A" hereto) may not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of the performance of the Services contemplated in this Agreement, Consultant determines that work should be performed to complete the Project which is, in the Consultant's opinion, outside the level of effort originally anticipated, whether or not the Scope of Services identifies the work items, Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain said Project Coordinator's written consent, before proceeding with the work. The Project Coordinator must comply with Contract Amendment processing requirements as outlined in Article 1 .14, prior to issuance of any written authorization to proceed with Additional Services to Consultant. If Consultant proceeds with additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort, and deemed included as a Basic Service herein, whether or not specifically addressed in the Scope of Services (Consultant Service Order). Notice to the Project Coordinator does not constitute authorization or approval by the City to perform the work. Performance of work by Consultant outside the originally anticipated level of effort without the prior written consent of the City shall be at Consultant's sole risk. 2.3.13 Consultant shall establish and maintain files of documents, letters, reports, plans, etc. pertinent to the Project. Consultant shall provide City with a copy of applicable Project correspondence for City to file in its filing system. 2.3.14 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and 274 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 26 professional manner and that it shall be responsible to the City for any failure in its performance except to the extent that acts or omissions by the City or others make such performance impossible. 2.3.15 In the event Consultant is unable to timely complete the Project because of delays resulting from delays which are caused by factors outside the control of Consultant, Consultant shall provide City with immediate written notice stating the reason for such delay and a revised anticipated schedule of completion. City, upon review of Consultant's submittal and such other documentation as the City may require, may grant a reasonable extension of time for completion of the Project and may provide reasonable compensation, if appropriate. 2.3.16 The Consultant covenants with the City to furnish its Services hereunder properly, in accordance with the standards of its profession and in conformance with applicable construction, building and health codes and other applicable Federal, State and local rules, regulations and laws, of which it should reasonably be aware, throughout the term of this Agreement. City participation in the Project in no way relieves the Consultant of its professional duties and responsibilities under applicable law and under the Contract Documents. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City shall designate in writing a Project Coordinator to act as the City's representative with respect to the services to be rendered under this Agreement (herein after referred to as Project Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define City policies and decisions with respect to Consultant's Services on this Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance with Article 1.14 requirements, including but not limited to the following: a) The Consultant Service Order. b) The time the Consultant is obligated to commence and complete all such Services; or c) The amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall assist Consultant by placing at Consultant's disposal, all information the City has available pertinent to the Project, including previous reports and any other data relative to design or construction of the Project. It 275 Commission Memorandum -RFQ # 52-11-12 for GEl Services on an "As-Needed" Basis March 13, 2013 Page 27 shall be fully understood that City, in making such reports, site information, and documents available to the Consultant is in no way certifying representing and/or warranting as to the accuracy or completeness of such data, including, but not limited to, any information provided in the City's Request for Qualifications and backup documentation thereto. Any conclusions or assumptions drawn through examination there of shall be the sole responsibility of the Consultant and subject to whatever measure it deems necessary to final verification essential to its performance under this Agreement. Services required due to inaccurate, incomplete or incorrect information supplied by the City may be undertaken by the Consultant as an Additional Service to this Agreement. Consultant shall notify the Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator's written consent, before proceeding with the work. If Consultant proceeds with the Additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service herein. 3.3 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling services as may be required at any time for the Project, including such auditing services as the City may require to verify the Consultant's applications for payment or to ascertain that Consultant has properly remitted payment due to subconsultants or vendors working on this Project for which Consultant has received payment from the City. 3.4 If the City observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, the City shall give prompt written notice thereof to the Consultant. 3.5 The City shall furnish required information and services and render approvals and decisions in writing as reasonably expeditious as necessary for the orderly progress of the Consultant's Services. No approvals required by the City during the various phases of the Project shall be unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. 3.6 The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 3.6. 1 The City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement, except when noted otherwise (i.e., where delegated to the City Manager or his designee) in this Agreement. 3.6.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or 276 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 28 any interest therein and any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. 3.6.3 All required City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 3.6.4 The City Commission shall hear appeals from the administrative decision of the City Manager's appointed designee(s), upon the Consultant's written request, in which case the Commission's decision shall be final. 3.6.5 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.7 The City Manager or his designee(s) shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. These authorizations shall include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the Consultant. 3.7.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's Services. The City Manager, in his administrative discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 3.7.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided, however, that the Consultant's compensation or other budgets established by this Agreement cannot be increased. 3.7.3 The City Manager, or his designee, shall be the sole representative of the City authorized to issue a Consultant Service Order. 3.7.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other 277 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 29 such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 3.7.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. ARTICLE 4. ADDITIONAL SERVICES 4.1 Additional Services for Projects under this Agreement will only be performed by the Consultant following receipt of a written authorization by the City Manager or his designee, prior to commencement of same. Such authorization shall contain a description of the Additional Services required; "Not to Exceed" fee with a "Not to Exceed" amount on additional Reimbursable Expenses (if any) and an amended completion date for the Project (if any). "Not to Exceed" shall mean the maximum cumulative fees allowable, which the Consultant shall not exceed without specific written authorization from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services requested by the City. 4.2 The term "Additional Services" includes services involving the Consultant or any subconsultants whether previously retained for the Services or not or whether participating as members with Consultant or not, subject to the City's right to previously approve any change in Consultants as set forth in this Agreement. 4.3 Additional Services may consist of the following: 4.3.1 Serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding unless such preparation has arisen from the failure of the Consultant to meet the Standard of Care set forth in the Agreement. 4.3.2 If determined applicable by the City, preparing documents for Change Orders, or supplemental work, initiated at the City's request and outside the Scope of Services and specified in the Construction Documents after commencement construction. 4.3.3 Providing such other professional services to the City relative to the Project which arises from subsequent circumstances and causes (excluding circumstances and causes resulting from error, inadvertence or omission of the Consultant) which do not currently exist or which are not contemplated by the parties at the time of execution of this Agreement. 278 Commission Memorandum -RFQ # 52-11-12 for GEl Services on an "As-Needed" Basis March 13, 2013 Page 30 ARTICLE 5. REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Consultant in the interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess of $1,000, must be authorized in advance in writing by the City's Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City, along with supporting receipts, and other back-up material reasonably requested by the City, and Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement". 5.2 Expenses subject to reimbursement in accordance with the above procedures may include the following: 5.2.1 Expense of reproduction, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Consultant and sub-consultants. Courier and postage between the Consultant and its sub-consultants are not reimbursable. 5.2.2 Fees for all necessary permits required for the performance of the Work. ARTICLE 6. COMPENSATION FOR SERVICES 6.1 In consideration of the Basic Services to be provided herein, the Consultant shall be compensated the not to exceed, cost reimbursable fee listed in Schedule "B" attached hereto (Consultant Compensation). 6.2 Additional Services authorized in accordance with Article 4 will be compensated. Request for payment of Additional Services shall be included with the monthly Basic Services payment request noted in Article 6.1 above. All Additional Services must be approved by the Project Coordinator, in writing, prior to commencement of same, as noted in Article 4. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the City Project Coordinator. Request for payment of Additional Services shall be included with the monthly Basic Services payment request noted in Article 6.1 above. All Additional Services must be approved by the Project Coordinator, in writing, prior to commencement of same, as noted in Article 4. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the City Project Coordinator. No markup shall be allowed on subcontracted Additional Services. 6.3 Reimbursable Expenses, as defined in Article 5, shall be paid up to the "Not to Exceed" amount noted in Schedule "8". Request for payment of Reimbursable Expenses shall be included with the monthly Basic Services payment request 279 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 31 noted in Article 6. Proper backup must be submitted with all reimbursable requests. No markup or administrative charges shall be allowed on Reimbursable Expenses. 6.4 No retainage shall be made from the Consultant's compensation. 6.5 Method of Billing and Payment. With respect to all Services, Consultant shall submit billings on a monthly basis in a timely manner. These billings shall identify the nature of the work performed. In the event sub consultant work is accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings shall also itemize and summarize Reimbursable Expenses by category. Where written approval of the City is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such Reimbursable. When requested, Consultant shall provide backup for past and current invoices. 6.6 The City shall pay Consultant within forty-five (45) calendar days from receipt and approved by the City of Consultant's proper statement. ARTICLE 7. CONSULTA.~T'S ACCOUNTING RECORDS 7.1 Consultant shall keep such records and accounts and require any and all Consultant and subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries for charges to the Project, and any expenses for which Consultant expects to be reimbursed. All books and records relative to the Consultant's Services for the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes. ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS 8.1 Electronic files of all documents, including, but not limited to, tracings, drawings, specifications, investigations and studies completed or partially completed, shall become the property of the City upon completion, termination, or abandonment of the Consultant's Services for the Project. Consultant shall deliver the above documents to the City within thirty (30) days of completion of its services on the Project, or termination of this Agreement, or termination or abandonment of its services on the Project. 8.2 Any other re-use of documents by City, other than for the specific purpose intended, will require the written authorization of Consultant, and if such 280 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 32 authorization is not obtained, shall be at the City's sole risk and without liability to Consultant. ARTICLE 9. TERMINATION OF AGREEMENT 9.1 Termination For Lack Of Funds: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding for the construction of the Project, the Project may be abandoned or terminated, and the City may cancel this Agreement as provided for herein without further liability to the City. 9.2 Termination For Cause: The City may terminate this Agreement for cause in the event that the Consultant (1) violates any provisions of this Agreement or performs same in bad faith or (2) unreasonably delays the performance of the Services or does not perform the Services in a timely and satisfactory manner, upon written notice to the Consultant. In the case of termination by the City for cause, the Consultant shall be first granted a thirty (30) day cure period after receipt of written notice from the City. 9.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant or otherwise. In such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete Services, and the cost of completion of such Services which would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. 9.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination, shall be made in accordance with Article 6 herein and the City shall have no further liability for compensation, expenses or fees to the Consultant. 9.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 9.2.4 In the event of a termination for cause, no payments to the Consultant shall be made (1) for Services not satisfactorily performed and (2) for assembly of submittal of documents, as provided above. 281 Commission Memorandum-RFQ # 52-11-12 forCE/ Services on an "As-Needed" Basis March 13, 2013 Page 33 9.3 Termination For Convenience: The City, in addition to the rights and options to Terminate for Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement, at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to Consultant. in writing, fourteen (14) days prior to termination. In the event City terminates Consultant's services for its convenience, as provided herein, Consultant shall be compensated for all Services rendered up to the time of receipt of said written termination notice, and for the assembly and submittal to the City of documents for the Services performed, in accordance with Article 6 herein, and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 6. 9.4 Termination By Consultant: The Consultant may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event, payment for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination shall be made in accordance with Article 6 herein, and the City shall have no further liability for compensation, fees, or expenses to the Consultant. In the case of termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 9.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 9.5 Implementation Of Termination: In the event of termination, either for cause or for convenience, the Consultant, upon receipt of the Notice of Termination, shall (1) stop the performance of Services under this Agreement on the date and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be authorized, in writing, by the Project Coordinator, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the Services performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice of Termination, and as specifically set forth therein. 9.6 Non Solicitation: The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other 282 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 34 consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the Consultant for any reason whatsoever. ARTICLE 10. INSURANCE 10.1 The Consultant shall comply throughout the term of this Agreement with the insurance requirements stipulated herein. It is agreed by the parties that the Consultant shall not commence with work on this Project until satisfactory proof of the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the following insurance coverage: (a) Professional Liability Insurance in the amount of One Million ($1 ,000,000.00) Dollars per claim, with a maximum deductible of $150,000 per claim, $450,000 aggregate. Consultant shall notify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance Policy. (b) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits of the State of Florida. 10.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage, to the Project Coordinator. 10.3 The insurance must be furnished by an insurance company rated B+: VI or better, or its equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the State of Florida and countersigned by the company's Florida resident agent. 10.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies required above. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. 10.5 Consultant shall also acknowledge compliance with the insurance requirements set forth herein by execution of the Insurance Checklist, attached as Schedule "E" hereto. 283 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 35 ARTICLE 11. INDEMNIFICATION 11.1 Consultant herein agrees to indemnify and hold harmless the City, and its officer and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of the Agreement. This Article 11, and Consultant's indemnification contained herein, shall survive the termination and expiration of the Agreement. ARTICLE 12. VENUE This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in Federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. ARTICLE 13. LIMITATION OF LIABILITY 13.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the amount of the fees for Services agreed upon under the terms of the Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually paid by the City to the Consultant. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement in an amount in excess of the amount of fee under this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant for any action or claim for breach of contract arising out of the performance or non- performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. 284 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 36 ARTICLE 14. MISCELLANEOUS PROVISIONS 14.1 Intentionally omitted. 14.2 Equal Opportunity Employment Goals: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, disability or sexual orientation and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability. Consultant agrees, if requested, to furnish City with a copy of its Affirmative Action Policy. 14.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bids or leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or sub consultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section by Consultant shall result in cancellation and may result in Consultant's debarment. 14.4 No Contingent Fee: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 14.5 The Consultant represents that it has made and will make reasonable investigation of all subconsultants to be utilized in the performance of work under this Agreement to determine that they possess the skill, knowledge and experience necessary to enable them to perform the services required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for the performance of the work under this Agreement. 285 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 37 14.6 The Consultant, its consultants, agents and employees and sub contractors, shall comply with all applicable Federal, State and County laws, the Charter, related laws and ordinances of the City of Miami Beach, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies as they relate to the Project and Consultant's performance of the Services. 14.7 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of City. 14.8 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE 15. NOTICE 15.1 All written notices given to City by Consultant shall be addressed to: City Manager's Office c/o Assistant City Manager Timothy Hemstreet City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: Office ofPublic Works c/o City Engineer, Fernando Vazquez City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 All written notices given to the Consultant from the City shall be addressed to: 286 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 38 All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY CLERK Attest Signature/Secretary Signature/President Print Name CITY OF MIAMI BEACH MAYOR CONSULTANT Print Name 287 Commission Memorandum -RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 39 SCHEDULE A CONSULTANT SERVICE ORDER PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN AS-NEEDED BASIS AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ____ _ Service Order No. TO: DATE: Pursuant to the Agreement between the City of Miami Beach and the above named firm for VARIOUS PROFESSIONAL CERTIFIED ENGINEERING INSPECTION SERVICES ON AN AS-NEEDED BASIS, Dated: --· You are directed to provide the following: SCOPE OF SERVICES: Project Name and No.: ____ ... --- Estimated Calendar days to complete this work: ___ days Start Date: --··----- Fee for this Service Order: $ ________ _ The above fee is a lump sum, _._or Upset limit ___ (check one) This Work is: Basic Service Additional Service Reimbursable Expense Allowance: $ ------·-·----· ----·---- City's Project Coordinator -------- Print Name 288 -----· Consultant ---·-------·------ Print Name/Title Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 40 SCHEDULEB CONSULT ANT COMPENSATION PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN AS-NEEDED BASIS AGREEMENT BETWEEN THE CITY OF MIAMI BEACH Scope of Services: Project Cost: $_::---:---:----:-:---:--~-:---~-:- (This price will be negotiated and approved by the City's authorized representative) Reimbursable Expenses: $ _______ _ Total Lump Sum: $ ________ _ 289 Commission Memorandum-RFQ # 52-11-12 forCE/ Services on an "As-Needed" Basis March 13, 2013 Page 41 SCHEDULE C HOURLY BILLING RATE SCHEDULE PROFESSIONAL CERTlFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN AS-NEEDED BASIS AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ______ _ Senior Project Engineer Project Manager Contract Support Specialist Resident Compliance Specialist Senior Inspector Inspector/Engineer Intern Asphalt Plant Inspector Inspector's Aide Survey Party Chief Environmental Specialist Casting Yard Engineer/Manager Geotechnical Engineer Geotechnical Technician Public Information Officer Senior ITS Inspector ITS Inspector ATTEST (Name of Corporation) (Secretary) (Corporate Seal) $ _____ _ $ _____ _ $ ______ _ $ ______ _ $ _____ _ $ ______ _ $ $ _____ _ $ ______ _ $ _____ _ $ _____ _ $ ______ _ $ _____ _ $ _____ _ $ ______ _ $ _____ _ (Firm/Company Name) (Signature) (Print Name and Title) 290 Commission Memorandum-RFQ # 52-11-12 for GEl Services on an "As-Needed" Basis March 13, 2013 Page 42 SCHEDULED PROJECT SCHEDULE PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN AS-NEEDED BASIS AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ______ _ Task Description: Calendar Days after Notice to Proceed ____ Days ____ Days ____ Days ____ Days Note: The above durations are calendar days which are include the response time by the City, including Program Manager's response time (it required for the project). 291 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 43 XXX 1. XXX2. XXX3. 4. XXX5. 6. XXX?. XXX8. XXX9. SCHEDULEE INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability i 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability -$1,000,000 each occurrence -owned/non-owned/hired automobiles included. Excess Liability-$ ____ . 00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: _Builders Risk completed value _Liquor Liability _ Fire Legal Liability _Protection and Indemnity _ Employee Dishonesty Bond XXX Professional Liability $ . 00 $ . 00 $ . 00 $ __ .00 $ . 00 $1,000,000 .00 Thirty (30) days written cancellation notice required. Best's guide rating B+: VI or better, latest edition. The certificate must state the Quote number and title We understand the Insurance Requirements under this contract, and that evidence of this insurance is required before any work is performed for the City of Miami Beach. Consultant (Print Name of Firm) Consultant's Signature Name/Title (Please attach Insurance Certificate following this page) 292 Print N (Q w Bermello, Ajamil & Partners, Inc. N (Q ~ Commission Memorandum-RFQ # 52-11-12 for GEt Services on an "As-Needed" Basis March 13, 2013 Page 45 8 10 10 10 10 9 9 of Pinecrest Associates 9 8 10 10 10 10 I 10 I 10 10 9 r-r 10 I 10 N (Q CJ1 Commission Memorandum-RFQ # 52-11-12 for CEI Services on an "As-Needed" Basis March 13, 2013 Page 46 Parsons Brinckerhoff, Inc. RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE INTERIM CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 52-11/12, FOR PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN "AS NEEDED" BASIS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS WITH THE FIVE TOP-RANKED PROPOSERS: ATKINS NORTH AMERICA, INC., BERMELLO AJAMIL & PARTNERS, INC., CHEN MOORE AND ASSOCIATES, CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS), AND PARSON BRINCKERHOFF, INC. WHEREAS, on July 18, 2012, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 52-11/12, for Professional Construction Engineering and Inspection (CEI) Firms to provide various CEI services on an "as needed" basis; and WHEREAS, RFO No. 52-11/12 was issued on August 14,2012, with an opening date of September 13, 2012; and WHEREAS, Bid net issued bid notices to 272 prospective bidders, of which 10 downloaded the RFQ document, in addition to, 254 vendors notified via e-mail, which resulted in the receipt of the following seventeen ( 17) bids: A&P Consulting Transportation Engineers, Corp., Atkins North America, Inc., Bermello Ajamil & Partners, Inc., Network Engineering Services, Inc. d/b/a Bolton Perez & Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), Calvin, Giordano & Associates, Inc., C.A.P. Engineering, Inc., Chen Moore and Associates, CIMA Engineering Corp., CMTS Construction Management Services, LLC, Craven Thompson & Associates, Inc., CSA Central, Inc., Eisman & Russo, Inc., New Millenium Engineering, Inc., Parson Brinckerhoff, Inc., S&D Engineering and Construction, Inc., Tamayo Engineering, LLC; and WHEREAS, through the Procurement Division's review of each bid for responsiveness, S&D Engineering and Construction, Inc. was deemed nonresponsive for failing to submit mandatory information pertaining to their experience and qualifications; and WHEREAS, on November 15, 2012, the Interim City Manager via Letter to Commission (LTC) No. 295-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Maria Cerna, Senior Capital Projects Coordinator, CIP • Stacy Kilroy, Capital Improvement Projects Oversight Committee member • Jose Perez, Capital Projects Coordinator, CIP • Michael Phang -Resident, Associate Dean at the University of Miami College of Engineering • Jose Rivas, Civil Engineer Ill, Public Works • (alternate) Elizabeth Camargo, Capital Improvement Projects Oversight Committee member; and 296 WHEREAS, on February 8, 2013, the Committee convened to review, discuss each prospective firm's qualifications, experience, and competence, score and rank each accordingly pursuant to the criteria noted in the RFQ below. • 30 Points -The experience and qualifications of the professional personnel assigned to the Project Team and the Project Manager, as well as their familiarity with this project and a thorough understanding of the methodology and approach to be used in this assignment • 25 Points -The experience and qualifications of the Proposer • 20 Points -Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks performed of the Firm(s) clients • 5 Points -Willingness to meet time and budget requirements as demonstrated by past performance, methodology and approach • 5 Points -Certified minority business enterprise participation. Either the Proposer or a member of the Proposer Team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade County • 5 Points -Location • 5 Points -Recent, current and projected workloads of the firms • 5 Points-The volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firm • 5 Points-Local Preference for Miami Beach-Based Vendors • 5 Points -Preference for Florida Small Businesses Owned and Controlled by Veterans and to State-Certified Service-Disabled Veteran Business Enterprises; and WHEREAS, prior to scoring and ranking the proposals, the Committee unanimously agreed to select the top five (5) ranked firms; and WHEREAS, Committee members unanimously recommended that the City enter into negotiations with the top five (5) ranked firms: Atkins North America, Inc., Bermello Ajamil & Partners, Inc., Chen Moore and Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), and Parson Brinckerhoff, Inc.; and WHEREAS, after considering the review and recommendation of the Evaluation Committee, the Interim City Manager exercised her due diligence and is recommending that the Mayor and the City Commission authorize negotiations with the five (5) top-ranked firms: Atkins North America, Inc., Bermello Ajamil & Partners, Inc., Chen Moore and Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), and Parson Brinckerhoff, Inc.; and 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 Interim City Manager pertaining to the ranking of firms, pursuant to Request for Qualifications (RFQ) No. 52-11/12, for professional construction engineering and inspections (CEI) firms to provide various CEI services on an "as needed" 297 basis, authorizing the Mayor and City Clerk to execute agreements upon successful negotiations with the five top-ranked proposers: Atkins North America, Inc., Bermello Ajamil & Partners, Inc., Chen Moore and Associates, Corzo Castella Carballo Thompson Salman, P.A. (C3TS), and Parson Brinckerhoff, Inc. PASSED AND ADOPTED this __ day of----' 2013. ATTEST: CITY CLERK MAYOR T:\AGENDA\2013\March 13\RFQ 52-11/12-CEI Services-RESO.doc 298 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION R5 ORDINANCES Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The Miami Beach City Code By Amending Chapter 2, Entitled "Administration," By Amending Article Iii, Entitled "Agencies, Boards And Committees," By Creating Division 34, To Be Entitled "Bicycle-Pedestrian Facilities Advisory Committee," And By Creating Sections 2-190.149 Through 2-190.153 To Create The Committee And Provisions Establishing The Committee's Purpose, Powers And Duties, Composition, And Supporting Department; Providing For Repealer, Severability, Codification, And An Effective Date. Key Intended Outcome Supported: Enhance Mobility Throughout The City 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 in 2005 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, who 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. The Committee's goals can best be achieved through the creation of a permanent and reconstituted committee serving in an advisory capacity to the City Commission on all matters pertaining to bicycle and pedestrian mobility in the City. For your consideration, the attached Ordinance establishes the Bicycle-Pedestrian Facilities Advisory Committee (BPFAC) pursuant to Resolution No. 2013-28110, approved by City Commission on January 16, 2013. The purpose of the BPFAC is to improve the lives of residents and visitors by promoting the development, sound management, and use of public facilities dedicated to bicycles and pedestrians in the City, and to make recommendations, as appropriate, to the City Commission and the City Administration. Pursuant to the Ordinance, the Committee shall be composed of seven (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in matters relating to bicycles and pedestrians in the City. The Mayor and City Commissioners shall each make one (1) direct appointment to the Committee. The Transportation Division of the Public Works Department will continue to serve as Committee liaison and provide administrative and technical support to the new Committee. The Administration recommends approving the Ordinance on Second Reading. Advisory Board Recommendation: This Ordinance was approved by City Commission on First Reading on February 6, 2013. The item was previously 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. Financial Information: Source of Amount Account Funds: 1 OBPI Total ancial Impact Summary: N/A City Clerk's Office Legislative Tracking: Jose R. Gonzalez, P.E., Transportation Manager, EXT. 6768 Si n-Offs: Department Direct Assistant Cit Manager F JGG ~------~------~~~ T:\AGENDA\2013\March 13\0rdinance On Changing !he Mayor's Blue SUMMARY.doc MIAMI BEACH 300 AGENDA ITEM RS' A DATE 3-/3-(2 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: Date: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera-Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager tf-,. SECOND READING PUBLIC HEARING March 13, 2013 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION 34, TO BE ENTITLED "BICYCLE-PEDESTRIAN FACILITIES ADVISORY COMMITTEE," AND BY CREATING SECTIONS 2- 190.149 THROUGH 2-190.153 TO CREATE THE COMMITTEE AND PROVISIONS ESTABLISHING THE COMMITTEE'S PURPOSE, POWERS AND DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance was approved by City Commission on First Reading on February 6, 2013. The item was previously 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 Ordinance be approved on Second Reading. BACKGROUND The Mayor's Blue Ribbon Bikeways Committee was established originally by Mayor David Dermer in 2005 and subsequently continued by Mayor Matti 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 who 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 301 Commission Memorandum -Ordinance on Changing the Mayor's Blue Ribbon Bikeways Committee To a Permanent Committee, Entitled Bicycle-Pedestrian Facilities Advisory Committee March 13, 2013 Page 2 of 3 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. 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 tenth ( 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 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. The Committee's goals can best be achieved through the creation of a permanent committee serving in an advisory capacity to the City Commission on all matters pertaining to bicycle and pedestrian facilities and mobility in the City. For your consideration, the attached Ordinance establishes the Bicycle-Pedestrian Facilities Advisory Committee (BPFAC) pursuant to Resolution No. 2013-28110, approved by City Commission on January 16, 2013. The purpose of the BPFAC is to improve the lives of residents and visitors by promoting the development, sound management, and use of public facilities dedicated to bicycles and pedestrians in the City and to make recommendations, as appropriate, to the City Commission and the City Administration. Pursuant to the Ordinance, the Committee shall be composed of seven (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in matters relating to bicycles and pedestrians in the City. The Mayor and City Commissioners shall each make one (1) direct appointment to the Committee. The Transportation Division of the Public Works Department will continue to serve as Committee liaison and provide administrative and technical support to the new Committee. The short-term goals of the BPFAC 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. 302 Commission Memorandum -Ordinance on Changing the Mayor's Blue Ribbon Bikeways Committee To a Permanent Committee, Entitled Bicycle-Pedestrian Facilities Advisory Committee March 13, 2013 Page 3 of 3 • 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 BPFAC will 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 BPFAC, engage and foster a partnership with the League. By becoming a permanent City Committee serving in an advisory capacity to the City Commission, the BPFAC 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. CONCLUSION The Administration recommends that this Ordinance be approved on Second Reading. KGB/JGG/FHB/JJF/~JRG T:\AGENDA\2013\March 13\0rdinance on Changing The Mayors Blue Ribbon Bikeways Committee to the Bicycle-Pedestrian Facilities Advisory Committee MEMO second reading.doc 303 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION 34, TO BE ENTITLED "BICYCLE-PEDESTRIAN FACILITIES ADVISORY COMMITTEE," AND SECTIONS 2-190.149 THROUGH 2- 190.153 THEREIN TO PROVIDE PROVISIONS ESTABLISHING THE COMMITTEE AND ITS PURPOSE, POWERS AND DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Mayor's Blue Ribbon Bikeways Committee ("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 bicycle facilities throughout the City for residents and tourists alike; and WHEREAS, the objectives of the Mayor's Blue Ribbon Bikeways Committee are to provide input on the City's bicycle infrastructure plans and 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 with regard to bike transportation, and continue to advocate for cycling as a sustainable and safe mode of transportation throughout the City; and WHEREAS, the Committee's goals 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; and WHEREAS, at its meeting on November 19, 2012, the Neighborhood/Community Affairs Committee recommended that the Mayor's Blue Ribbon Bikeways Committee be changed to a permanent City Committee to be known as the Bicycle-Pedestrian Facilities Advisory Committee; and WHEREAS, on January 16, 2013, the Mayor and City Commission adopted Resolution No. 2013-28110 accepting the recommendation of the Neighborhood/Community Affairs Committee to make the Mayor's Blue Ribbon Bikeways Committee a permanent committee to be named the Bicycle-Pedestrian Facilities Advisory Committee. 304 NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: SECTION 1. That Chapter 2, Article Ill, of the Miami Beach City Code is hereby amended to create Division 34 thereof, and Sections 2-190.149 through 2-190.153 therein, as follows: Chapter 2 ADMINISTRATION * * * Article Ill. Agencies, Boards and Committees * * * DIVISION 34. BICYCLE-PEDESTRIAN FACILITIES ADVISORY COMMITTEE Section 2-190.149. Establishment. There is hereby established the Bicycle-Pedestrian Facilities Advisorv Committee whose purpose. powers. duties. and composition are set forth in this division. Section 2-190.150. Purpose. The purpose of the Bicycle-Pedestrian Facilities Advisory Committee is to improve the lives of residents and visitors by promoting the development sound management and use of public facilities dedicated to bicycles and pedestrians in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. Section 2-190.151. Powers and duties. The powers and duties of the committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public bicycle and pedestrian facilities to the City Commission for such action as the City Commission may deem appropriate. Section 2-190.152. Composition. The committee shall be composed of seven (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in matters relating to facilities for bicycles and pedestrians in the City. The Mayor and City Commissioners shall each make one direct appointment to the committee. Section 2-190.153. Supporting department. The supporting department of the committee is the Public Works Department. 2 305 SECTION 3. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. Severability. If any section, 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 5. Codification. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 6. Effective Date. This Ordinance shall take effect the day of-------' 2013. PASSED and ADOPTED this day of ________ , 2013. ATTEST: RAFAEL GRANADO, CITY CLERK (Sponsored by Mayor Matti Herrera Bower) Underline denotes additions MA TTl HERRERA BOWER MAYOR F:IATTO\TURN\ORDINANC\Bicycle-Pedestrian Facilities Advisory Committee.doc 3 306 14NE I THURS!lA.Y, FEBRUARY28, 2013 NE OF OF H NOTICE IS HERESY given that secand readings and public hearings will be held by tim, Mayor and City Commission of the City of Miami Beach; florida, In the Commission Charnben;, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, Marcl113, 2013 to cO!lS!der the following: 10:15a.m. Otdinance Amending The Miami Beach Cily Coda By Amending Chapter 2, Wl:ltlad ~~!nletrat!an," By Amending Mieia Ill, Entitled "A~endes, Boards Ant:! Committees," By Creating Div!slllfl 34, To Be Entilied "Blcycle-Pedesiriali Foollit!es Advlscry Committi:w;~ And Sectloos 2·190. i 49 Through 2 • i 90.153 Therein To Provide Provisicns Establishing The Committee And Its Purpose, P(}wersAnd Duties, Q:lmposition, And Supporting Departrneril Inquiries may be directed to the Public Works Department at (305} 673·708{t 10:30a.m. Otdlnance Amending Chapter 10 Of The Miami Be!!Ch Clty Code Entitled "Animals," By Amending Section 1o-11, Entitled "Running At Large Prohibited," By Exianding The Pilot Program Off-Leash Aroa For Dogs In South Pointe Park Through And Including June 30, 2013., Inquiries may be directed to the Parks and Recreation Department at (805) 673·7730. 10i45a.m. CD-2 Self Storage: Ordinance Amending The Code Of Tl1B City Of Miami Beabh, Florida, Chapter 142, ''Zoriing Districts And Fiegu[ations," Article II, "District Regulations," Divisi.on 5, CD-2 "Commerciai, Medium lnten?ity District," By Permitting "Self-Storage Warehouses" AE. A Conditional Use In This Zoning District. Inquiries may be directed to.the Planning Depar'.ment at {305) 673-7550. 11:00a.m. Ordinance Amending The Miami Beach Cily Code By Amending Chapter 2, Entitled "Adminiatral:lont By AmEnding Article Ill, Entitled "Agencies, Booms And Committees;" By Amending Division 29, Entitled "Debarment Committee," By Amending The pUrpose, Powers, Ant:! Duties Of The Committee To Include Authority 10 Consider The Suspension Of Contractors In Addition To Debarments. Inquiries may be directed to tlw City Att001ey's Office at (305} 673-7 470. 5:1op.m. Hotel Porking Requirements: Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Arrisnding Chapier 130 "Off-Streel Parking." Miele II, "Districts; Requirements," By Amending The Off-Street Parking Requirements For Hotels In All Districts. lnqulfies may be directed to the Planning Department at (305} 673-7550. INTERESTED PARTIES are invited !a appear at this meeting, or be represented by an agent, or to EOJ<press their views, In Writing addressed to the City Commission; c/o the City Clerk, i 700 Convention Center Dr lite, 1st Floor, City Hall, Miami Beach, Flor.ida33139. Coplesoftheseiternsare available for public Inspection during norm.aJ business hours in lhe City Cteik's Of!ige, 1700 Converrtlon Center Drive, 1st. Floor, City Hail, Miami Beach, Florida 23139. This meeting may be continued, and under such circumstances addltfon!!l legal notice wili not be provided. Rafuei E, Granado, Cily C!eik Ciiy of Miami Beach Pursuant to Section .286. 0105, Fia. Stat., the City hereby advises the public thai: ifapersondeddesio appeal any decision made bythe City Cilrrimission with respect to any matter considered at its meeting or its h!laring, ooch 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 basad. This notice does not consiitute consent bytheCityfurthe introduction or admission of otherwise inadmissible or irrelevant evidence, nar does it authorize chailenges or appeals not otherwise ailowild by law. To request this material in accessible format, sign language interpreters, .information on access for persons wllh disabililies, and! or any accommodation to review any document or participate in any City-sponsored procGeding, please contact us five days in advance at (305) 673-7 41 t(voiC13) orm users may also call the Florida Relav Sarvlce at 711. Ad #766 307 __ __. \ COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals" by amending Section 10-11, entitled "Running At Large Prohibited" by extending the pilot off leash program for dogs in South Pointe Park through and including June 30, 2013, providing for repealer, severability, codification and an effective date. Key Intended Outcome Supported: Increase satisfaction with recreational programs. Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 85% of residents rated the City's Recreation programs as either excellent or good. Item Summa /Recommendation: There have been several Commission/Commission Committee discussions/actions related to extending the dogs off leash in South Pointe Park pilot program. The most recent include: November 14.2012 In response to the recommendation(s) of the NCAC Committee the City Commission took the following actions: A) Adopted Resolution R7E which accepted the Committee's recommendations to: > Bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the City Commission, with the Commission further directing the Administration to file a new application for a hedge for the off-leash area to the Design Review Board as soon as possible; and > Extend the off-leash pilot program through March 31, 2013. B) Amended and adopted the attached Ordinance on First Reading which extended the South Pointe Park Dog Off-Leash Pilot Program through and including March 31, 2013. December 11.2012 The Administration submitted the application for a hedge for the off-leash area of the South Ponte Park to the Planning Department for presentation to the ORB. December 12. 2012 The City Commission approved extending the South Pointe Park Dog Off-leash Pilot Program through and including March 31, 2013. Februarv 5. 2013 The Administration's application for a hedge for the off-leash area in South Pointe Park was scheduled to be heard by the Design Review Board. Following a brief discussion of the item, due to the lack of a full board (4 of 7 members were present) the Administration requested the matter be carried forward to the March 5, 2013 Design Review Board. February 6. 2013 The Commission amended and adopted the attached Ordinance on 151 reading and also instructed the Administration to amend the City's DRB application to state the height of the proposed hedge should be maintained at 3' - 3 Yz' tall. The Administration recommends adopting the Ordinance Amendment following the 2"d reading and ublic hearin . Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Si n-Offs: Department Director KS T:\AGENDA\2013\March 13\Animal Ordinance Amendment Off Leash summary.doc MIAMI BEACH 308 Account City Man KG AGENDA ITEM _..;..R;...._S:--B--=-=-_ DATE .3-13-{3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM, Kathie G. Brooks, Interim City Manage/..,4 DATE: March 13, 2013 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10- 11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING JUNE 30, 2013; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The proposed ordinance amendment to extend the off-leash area pilot program in South Pointe Park is presented for second reading and public hearing following a discussion and approval on first reading by the Mayor and City Commission at its February 6, 2013 meeting. The Administration filed a new application to the Design Review Board to consider the installation of a hedge around the perimeter of the South Pointe Dog Off-leash Area as directed by the City Commission. This application was briefly heard at the February 5, 2013 Design Review Board meeting and then continued to the March 5, 2013 ORB meeting. The discussion that transpired at the 2/5/13 ORB meeting was reported to the City Commission at its February 6, 2013. At that time the City Commission directed the Administration to return to the ORB at its March meeting with an amended plan that revised the height of the proposed hedge material from 22" to a range of 36" -42". Based on the prior history of this issue there is strong possibility that the ORB decision may trigger a public hearing and additional review by the City Commission. As such, the off-leash pilot program for South Pointe Park would expire if not extended. In an abundance of caution, the Administration recommends approving the Ordinance Amendment on Second Reading following the public hearing to extend the pilot program until June 30, 2013. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. INTRODUCTION At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs off-leash in City parks and other public properties in general, be referred to the Neighborhood/Community Affairs Committee for discussion. This initial Neighborhood/Community Affairs discussion was held on February 17, 2009. Since that time there have been ongoing discussions as to how the City can find the proper levels of services that address the needs of our residents and guests who own dogs with those who do not. These discussions have focused on the development of "bark parks" (fenced in areas in parks specifically designed and designated for dogs to run off leash): access for the dogs to water 309 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited March 13, 2013 City Commission Meeting Page 2 of 5 from a beach or park edge; the provision of dog bag/ waste stations that are located throughout the city's parks, rights of way, Lincoln Road, the Beach walk and other public areas; and the establishment of off-leash access in the parks to areas which are unfenced/ unsecured where dogs would run off leash and beyond their owner's control. BACKGROUND There are presently total of five fenced dog parks and one designated off-leash area within the City's parks. These include Belle Isle, Flamingo, North Shore Open Space Park, Pinetree, South Pointe (un-fenced/off-leash area) and Washington Avenue (two sites). One of the initial discussion issues focused on the development of a dog park within South Pointe Park, an enclosed area similar to the dog parks in Flamingo, Washington Avenue, Pinetree, or Belle Isle, or one without a fence. The conclusion of the discussion was to build-out a larger dog park on Washington Avenue, diagonal from the then-existing dog park on Collins Avenue and 2nd street. It was also recommended that the City look at whatever amendments would be needed to permit a pilot, off-leash area in a designated section of South Pointe Park, with limited hours of use. The designation of an off-leash area was not only prohibited by City Code, but it was also prohibited by County Code. Since the initial discussions in early 2009, there have been several Commission/Commission Committee discussions concerning dogs off leash in South Pointe Park and the existing pilot program resulting in various actions. Select actions are as follows: • September 9, 2009, the City Commission approved, on second reading, an Ordinance amending Chapter 10 of the Miami Beach Code entitled "Animals" to allow the City Commission to designate specific off-leash areas for dogs in public parks, specifically for South Pointe Park. The action established morning off- leash hours (park opening (sunrise) to 9:00 A.M.) only in a specific, unenclosed area of South Pointe Park located in the triangular area where the public art was scheduled to be sited (south and west of the Washington Avenue entry plaza). The item was amended to clarify that a South Pointe Park Dog Off-leash Pilot Program would be for a trial period of six months, commencing only if/when Miami-Dade County amended Section 5-20 of their Code pertaining to animals. At the time of the City Ordinance approval, County Code prohibited dogs off leash except in authorized park areas. • May 4, 2010, the Miami-Dade County Commission adopted the ordinance amendment at their Board of County Commissioners meeting amending Section 5-20 of their Code pertaining to animals. • June 10, 2010, the initial South Pointe Park Dog Off-leash Pilot Program began. • February 3, 2011, the Neighborhood/Community Affairs Committee held a discussion concerning the South Pointe Park Dog Off-leash Pilot Program and recommended extending the trial period, as well as adding two (2) additional hours in the evening on Monday through Friday only (hours to be determined). They also discussed the concept of adding a hedge to surround the off-leash area once it returns to its permanent area (from where it had to be moved when the Lighthouse art sculpture was being installed). It was concluded that the item WIJ1 0eturn to Committee after the installation of Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited March 13, 2013 City Commission Meeting Page 3 of 5 the public art, and if the off-leash program was approved to continue, to discuss whether the off-leash area should move back to the original site, or remain at the current location (portion of west lawn). • October 19, 2011, the City Commission approved an ordinance on second/final reading that extended the pilot off-leash program until January 1, 2012, and added two (2) hours in the evening from 5:00 P.M. To 7:00 P.M., Monday through Friday. • January 11, 2012, the City Commission approved an ordinance amendment on second reading to extend the South Pointe Park Dog Off-leash Pilot Program until July 15, 2012, modified the off-leash hours in the designated area in the morning from sunrise to 10:00 A.M. daily and between 4:00 P.M. and 7:00P.M. Monday through Friday and relocated the off-leash area to the west lawn, south and east of the Washington Avenue entry plaza. The Commission also instructed the Administration to file an application to the Design Review Board (ORB) for the approval of a hedge in the newly established location. • March 6, 2012, the ORB held a hearing on the Administration's application for the approval of a hedge in the newly established location of the off-leash area in South Pointe Park. • March 13, 2012, ORB rendered an Order imposing conditions that effectively denied the Administration's request for a hedge by stating "there shall be no hedge to define the area" and the off-leash area "shall not be located in area #3, surrounding the arts in public places 'lighthouse project'." • April11, 2012, the City Commission approved a resolution setting a public hearing, pursuant to Section 118-262 of the City Code, requesting a review of the Design Review Board decision rendered on March 13, 2012 (ORB File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park. • May 9, 2012, a City Commission item was introduced calling for a public hearing to consider the appeal of the Design Review Board Order in File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park. In addition, a resolution setting forth an order (granting or denying) an appeal request by the City Manager of the City of Miami Beach, pertaining to a decision of the Design Review Board (ORB) for South Pointe Park was presented. At the conclusion of the discussion a motion was made by Vice-Mayor Libbin to continue the consideration of reversing the DRB Appeal to the June 6, 2012 Commission Meeting; seconded by Commissioner Exposito; Voice vote 6-1; Opposed: Commissioner Wolfson. • June 6, 2012, the City Commission item, deferred from the May 9, 2012 Commission, calling for a public hearing to consider the appeal of the Design Review Board Order in File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park was again introduced. 311 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited March 13, 2013 City Commission Meeting Page 4 of5 In addition, a resolution setting forth an order (granting or denying) an appeal request by the City Manager of the City of Miami Beach, pertaining to a decision of the Design Review Board (ORB) for South Pointe Park was presented. Following a discussion the motion to support the appeal failed and the appeal of the ORB order was denied. • July 18. 2012, the City Commission held the public hearing and approved the ordinance on second reading extending the South Pointe Park Dog Off-leash Pilot Program through and until December 31, 2012. Additionally, the Commission requested the matter be sent back to the Neighborhood/Community Affairs Committee to discuss in greater detail the number of documented violations that have transpired since the South Pointe Park Dog Off-leash Pilot Program began in June, 2010. • November 14, 2012, the City Commission: A) Adopted Resolution R?E which accepted the NCAC Committee's recommendations to; ~ Bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the City Commission, with the Commission further directing the Administration to file a new application for a hedge for the off-leash area to the Design Review Board as soon as possible; and ~ Extend the off-leash pilot program through March 31, 2013. B) Amended and adopted the attached Ordinance on First Reading which extended the South Pointe Park Dog Off-Leash Pilot Program through and including March 31,2013. • December 11, 2012. the Parks and Recreation Department submitted the application for a hedge for the off-leash area of the South Ponte Park to the Planning Department for presentation to the Design Review Board. • December 12. 2012. the City Commission held the public hearing and approved the ordinance on second reading extending the South Pointe Park Dog Off-leash Pilot Program through and including March 31, 2013. • February 5, 2013. the Administration's application for a hedge for the off-leash area in South Pointe Park was scheduled to be heard by the Design Review Board. Following a brief discussion of the item, due to the lack of a full board (4 of 7 members were present) the Administration requested the matter be carried forward to the March 5, 2013 Design Review Board. • February 6, 2013, the Commission amended and adopted the attached Ordinance on First Reading which extended the South Pointe Park Dog Off-Leash Pilot Program through and including June 30, 2013. The Commission also instructed the Administration to amend the City's ORB application to state the height of the proposed hedge should be maintained at 3' - 3 %' tall. 312 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited March 13, 2013 City Commission Meeting Page 5 of5 ANALYSIS As directed by the City Commission at their February 6, 2013 meeting the Administration amended the pending application to the Design Review Board to consider the installation of a hedge around the perimeter of the South Pointe Dog Off-leash Area to state the height of the proposed hedge should be maintained at 3' - 3 Y2' tall. This application is included in the March 5, 2013 Design Review Board agenda. Depending upon the Board's action and the City Commission subsequent directives it is possible that the time required to address these issues may extend past the current Pilot Program Off-Leash Area for Dogs in South Pointe Park expiration date of March 31, 2013, as was approved on second reading by the City Commission at their December 12, 2012 meeting. CONCLUSION On February 6, 2013 the City Commission approved this ordinance as amended, on first reading extending dog off leash pilot program in South Pointe Park through and until June 30, 2013. It is presented for second reading and public hearing. This amendment is necessary to continue the off-leash program in South Pointe Park, as the current pilot program was scheduled to expire on March 31, 2013. It will permit the continuation of the program should the City Commission decide to take further actions related to the matter. The Administration recommends the adoption of the proposed ordinance amendment extending the South Pointe Park Dog Off-Leash Pilot Program as presented for second reading and public hearing. KGB/MAS/KS T:\AGENDA\2013\March 13\Animal Ordinance Amendment Off Leash Pilot Program Extension 3-13-13 2nd rdg -PH MEMO.doc 313 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING JUNE 30, 2013; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 5-20 of the Miami-Dade County Code, "a dog may be unrestrained and shall not be deemed at large if it is supervised by a competent person and is (i) in a park area in which dogs are specifically authorized by a municipality or by the County to be unrestrained ... "; and WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009-3646 which specifically authorized dogs to be unrestrained and off-leash in South Pointe Park for a pilot program in the triangular area south and west of the Washington Avenue entry plaza from sunrise to 9:00 A.M. daily, or during such hours as may be specifically designated by a resolution of the City Commission after a public hearing; and WHEREAS, on October 19, 2011, the Mayor and City Commission adopted Ordinance No. 2011-37 43 which extended the pilot program in South Pointe Park until January 1, 2012, and extended the off-leash hours in South Park by adding two (2) hours in the evening from 5:00P.M. to 7:00P.M. on Monday through Friday; and WHEREAS, on January 11, 2012, the Mayor and City Commission adopted Ordinance No. 2012-3750 which extended the off-leash hours in the designated area in South Pointe Park from sunrise to 10:00 A.M. daily, and in the evening from 4:00 P.M. until sunset on Monday through Friday, relocated the off-leash dog area to the area south and east of the Washington Avenue entry plaza, and extended the off-leash pilot program to July 15, 2012; and WHEREAS, on May 22, 2012, the Neighborhoods/Community Affairs Committee (NCAC) recommended that the off-leash pilot program in South Pointe Park be extended through December 31, 2012; and WHEREAS, following a First Reading on June 6, 2012, and after a Second Reading/Public Hearing on July 18, 2012, the Mayor and City Commission adopted Ordinance No. 2012-3772 which extended the off-leash pilot program in South Pointe Park through and including December 31, 2012; and WHEREAS, on September 24, 2012, the Neighborhoods/Community Affairs Committee recommended that the off-leash pilot program in South Pointe Park be extended through January 31, 2013; and WHEREAS, on November 14, 2012 the City Commission: a) adopted Resolution No. 2012-28070 which accepted the NCAC Committee's recommendations to bring the concept of a hedge for the off-leash dog area in South Pointe Park back to the City Commission, with the Commission further directing the Administration to file a new application for a hedge for the off- 314 leash area to the Design Review Board as soon as possible; and to extend the off-leash pilot program through and including March 31, 2013; and b) approved an Ordinance on First Reading to extend the off-leash pilot program in South Pointe Park through and including March 31, 2013; and WHEREAS, on December 11, 2012, the Parks and Recreation Department submitted the application for a hedge for the off-leash dog area in South Ponte Park to the Planning Department for presentation to the Design Review Board; and WHEREAS, on December 12, 2012, the City Commission held a Public Hearing and adopted Ordinance No. 2012-3785 on Second Reading extending the dog off-leash pilot program through and including March 31, 2013; and WHEREAS, on February 5, 2013, the Administration's application for a hedge for the off- leash area in South Pointe Park was heard by the Design Review Board and, following a brief discussion and testimony, the matter was continued to the March 5, 2013 meeting due to the lack of a full Board (4 of 7 members were present); and WHEREAS, at the February 6, 2013 City Commission meeting, the City Commission gave direction to the Administration to amend the City's ORB application to request a higher hedge of 3 to 3 % feet; and WHEREAS, depending upon the Design Review Board's action and the City Commission's subsequent directives, it is possible that the time required to address these issues may extend past the current expiration date of March 31, 2013 for the off-leash pilot program in South Pointe Park, therefore an extension of the off-leash pilot program to June 30, 2013 is proposed herein. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows: Chapter 10 ANIMALS * * * Sec. 10-11. Running at large prohibited. It shall be prohibited for the owner or person in control of any animal to permit the animal to run at large. All animals, when not on the premises of their owner or of the person in control, must be on a leash or contained in a carrier device and under the control of a competent person, except that in South Pointe Park, in the designated area south and east of the Washington Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 A.M. daily and from 4:00P.M. to 7:00 P.M. on Monday through Friday, or during such other hours as may be specifically designated by a resolution of the city commission after a public hearing, through and including March 31, 2013 June 30, 2013. 2 315 SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the_ day of March, 2013. PASSED and ADOPTED this_ day of March, 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR Underline denotes additions and strike thro1::1gh denotes deletions T:\AGENDA\2013\February 6\Animal Ordinance Amendment Off Leash Pilot Program Extension 1st rdg ORD.docx 3 316 14NE 1 THURSDAY. FEBRUARY28, 2013 NE NOTICE IS HEREBY given that sacond readings and public hearings will be !19ld l:!y the Mayor and Clty Commission of !lle City of Miami Beach; florida, ln tha Commlsston Chambers, 3;d Floor, Clly Hall, 1700 Convention Center Drive, Mlaml Beach, Florida, on Wedn&sday, March 13, 2013 to comiider the fallowing; 10:15am. Ordinance Amending The Miami Beach City Code l3y Amending Chapter 2, Entitled "Administration," By Amending Article !II, Entit!ed "Agencies, Boards And Committees," By Creating Division 34, To Be Entitled. "Bicycle:-Pedesirleri Facll!lies Advisory Committee," And Sections 2-190. i 49 Through 2-i SO. 153 Therein To Provide Provisioos Esiablishlng The ConuTiittee And Its Purpose, Pi:lw6rsAnd Duties, Composition, And Supporting Depilrtinartt. Inquiries may be dlrectsd to the Public Works Department at (305} 673-70!lil iO:S<!a.m. Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Sec!ien 10-11, Entitled "Running At Large Prohibited,n By Extending The Pi!ot Program Off-Leash Area For Dogs In South Pointe ParkThrough And Including June $0, 2013. Inquiries may ba directed to the .Parks and Recreation Dapartmenl at (305)673-7730. 1!>:45a.m. CD-2 Self Storage: Ordinance Amending The Code Of TI1e City Of Miami Beaeh, Florida, Chapter t42, ''Zoning Districts And Regulations," .Miele 11, "District Regulations," Division. 5, CD-2 "Commercial, Medium Intensity District," By Permitting ''Self-Storage Warehouses" h A Cailditiona! Use In This Zenirtg District. Inquiries may be directed to the Planning Department at (305) 673-7 550. 1i:OOa.m. Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees;" By Amending Division 29, Entltted "Debarment Committee," By Amending The Pilrpose, Powers, And Duties Of The Committee To Include Authority To Consider The Suspension Of Contractors In Addition To Debarments. Inquiries may be directed to the City Attorney's Office at (305} 673-7 470. 5:15p.m. Hotel Parking Requirements: Ordlnsnce Amending The Code Of The City Of Miami Beach, Florida, By Arrianding Chapter i SO "Off-Street Parking," Article 1!, "Districts; Requirements," By Amending The Off-Street Parking Requirements For Hotels ln All Dislrlc!s. lnqqiries may be directed to ll:te Planning Department at (305) 6i':H550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, orto express their views. !ri Writing addres~d to the CKy Commission, c/o the City Clerk, i700 Convention Center Driire, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies ofthese itemsar.e avaflable for public lnspecllon during nbmlal business hours in the City Clerk's Office, 1700 Convention Centar Drive, 1st: Floor, City Hail, Miami Beach, Florida 2:3139. This meeting ma.y be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, Clly Clerk City of Miami BeaGh Pursuant to Section .266.01 05, Fla. Slat., the City hereby advises the public that: if a person decides to appeal aliy decision made by the City Commission with respect to any matter considered a! ils mooting or 11:5 h!Bing, lll.!cli person must ensure that a verbatim record ofthe proceedings is made, which record includes the testimony and evidence upon which .the appeal is to be based. This notice does not coostiMe cm'isent by the City for the introduction or admission of otherwise inadmissible or irrelevant eVldsncs, nor does it authorize chailenges or appeals not otherwise allowed by law. To request this material in acqsssible format,. sign language interpreters, .information on access for persons w1th disabilities, and( or any accommodation lo review any document or participate in any Cily-sponsored proceeding, please contact us five days In advance at (305) 673-741 i(voice) ornv users may also call the Florida 1::1,1"" ~qrvlce at 711. Ad #786 317 __ __. \ COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amendment proposing to modify the CD-2 District regulations in order to allow self stora e warehouses as a Conditional use in certain areas of the Cit . Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55°/o of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa !Recommendation: OPEN & CONTINUE The proposed Ordinance would amend the CD-2 District regulations in order to allow self storage warehouses as a Conditional use in certain areas of the City. The subject Ordinance was approved at First Reading on February 6, 2013. The Commission set a Second Reading Public Hearing for March 13, 2013. The Commission also referred the matter back to the Land Use and Development Committee to consider minor changes. Since the Land Use Committee meeting occurs on March 20, 2013, the Administration recommends that the City Commission open and continue the item to a date certain of April17, 2013. Advisory Board Recommendation: On October 30, 2012, the Planning Board (PB File No. 2017) transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 5-2. Financial Information: Source of Funds: D OBPI 1 2 3 Total Financial Impact Summary: Amount The proposed ordinance is not expected to have a significant financial impact. Clerk's Office Le islative Trackin Department Director T:\AGENDA\2013\March 13\CD-2 Self Storag~/ /// { ! / / i/ l/ MIAMI BEACH 318 Account AGENDA ITEM ---.:..P{.:....;S"_( __ DATE 3-13-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the?C-City Commission Kathie G. Brooks, Interim City Manage/A March 13, 2013 SECOND READING SUBJECT: CD-2 Self Storage 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 CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, CD-2 "COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY PERMITING "SELF-STORAGE WAREHOUSES" AS A CONDITIONAL USE IN THIS ZONING DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Open and continue to a date certain of April 17, 2013. UPDATE The City Commission approved the subject Ordinance at First Reading on February 6, 2013. As part of the discussion, the Commission determined that the boundaries of the proposed use should be limited to Alton Road between 61h and 11th Streets. The Commission also instructed the Administration to incorporate a distance separation requirement between self storage facilities. The matter was referred to the Land Use and Development Committee for discussion, prior to 2nd reading. Since the Land Use meeting of March 20, 2013 is after the March 13, 2013 Commission meeting, the administration is recommending that the matter be opened and continued to the April17, 2013 Commission meeting. BACKGROUND The subject Ordinance was initially referred to the Land Use and Development Committee (LUDC) at the April 13, 2011 City Commission meeting (Item C4G) and was first reviewed by the LUDC on May 18, 2011. On May 16, 2012, the proposed project for a mini storage warehouse at 71h Street and Alton Road was presented to the Land Use and Development Committee. Several speakers commented on the proposed project and ordinance amendment, and the Committee discussed the possible impacts on the neighborhood. The LUDC then referred the item to the Planning Board, with direction to address limiting the proliferation of this use, and to address issues of signage. ANALYSIS Currently the City Code only permits "warehouse" use in the CD-1, Commercial Low Intensity zoning district as a Conditional Use (see attached map of CD-1 Districts), and 319 Commission Memorandum CD-2 Self Storage March 2013 2 of 3 as a main permitted use in the 1-1 Urban Light Industrial District; this use is not permitted in any other zoning district in the City. Because the less intense CD-1, Low Intensity, zoning district already allows for "Warehouses" as Conditional Uses, staff believes that it would be appropriate to update the list of Conditional Uses within the CD-2, Commercial, Medium Intensity, zoning district by adding "Self-Storage Warehouses" as Conditional Uses. However, while there appears to be a need for this type of use throughout the City, staff believes that the use may not be compatible on every property within the CD-2 district. Additionally, very strict operational and design conditions would need to be placed on any Conditional Use approval granted for self storage facilities in a CD-2 district. It should be noted that the CD-2 districts throughout the City are either adjacent to residential uses or separated only by alleys. One of the concerns that has been raised is the compatibility of self-storage warehouses to the residential areas that are in close proximity, as well as the traffic, parking and the noise that may be generated by this use. A self-storage warehouse is categorized as an establishment engaged in renting or leasing secure space for self-storage such as rooms, compartments, lockers, containers or outdoor space where clients can store and retrieve their goods.1 A map showing CD-2 districts throughout the City that would also be affected by this proposed amendment is attached to this report. Planning Department staff has been working on a conceptual Alton Road Overlay District, and recommended to the Planning Board that the proposed warehouse concept be conditioned upon the inclusion of the type of safeguards and protections that the Overlay District guidelines for development propose. These include increased rear setbacks and reduced height abutting adjacent residential properties. The proposed Ordinance amendment places additional restrictions on the overall height, bulk & massing (FAR) of self storage facilities, and requires that all portions of the structure facing a street or sidewalk be substantially activated. The proposed Ordinance would require that self-storages facilities in a CD-2 District obtain Conditional Use approval by the Planning Board. In addition to determining whether a self storage facility is an appropriate and compatible use for a particular property, the Board would also be able to fully address traffic, scale, massing, operations and any other relevant aspect of this use. Traffic, vehicular circulation and parking will be addressed through the formal 'Conditional Use' process, so as to avoid or mitigate any adverse impacts to adjacent residential districts. Staff believes that when combined with a thorough review by the Planning Board, as part of the CUP process, as well as the approval of the Design Review Board (DRB) or Historic Preservation Board (HPB), the compatibility of a proposed self storage facility will be well vetted. The proponent of the proposed amendment currently proposes to develop the property located at 633 Alton Road, which is located within the expanded Flamingo Park Local Historic District and is adjacent to an RM-1 residential multifamily district, separated only by an alley from three residential buildings. In this particular instance, should the subject Ordinance move forward, any future CUP application for this site would need to address 1 U.S. Census Bureau, "Industry Statistics Sampler," www.census.gov/econ/industry/def 320 Commission Memorandum CD-2 Self Storage March 2013 3of 3 the complete buffering of the residential area to the east, traffic circulation, lighting and loading access. As this particular property is located adjacent to the Alton Road flyover, there is a rationale for exploring the feasibility of the proposed use, provided all of the aforementioned issues can be successfully addressed. On December 19, 2012, the Land Use and Development Committee reviewed the Planning Board recommended Ordinance. The Land Use Committee determined that the application of self storage facilities, as a Conditional Use, would be appropriate in certain areas of the City, but not all areas. Specifically, the Committee recommended that only the CD-2 districts located in the following areas should be permitted to have self storage as a Conditional Use: • Along Alton Road • Within Sunset Harbour • Along Harding Avenue in North Beach The Land Use Committee transmitted the Ordinance to the full City Commission for a final decision, with this specific recommendation. PLANNING BOARD REVIEW On October 30, 2012, the Planning Board transmitted the subject Ordinance (by a vote of 5-2, with Jonathon Beloff, Daniel Veitia, Charles Urstadt, Robert Wolfarth & Randy Weisburd in support, and Henry Stolar & Jean Francois Lejeune opposed) 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 subject Ordinance is not expected to have any significant fiscal impact. CONCLUSION The Administration recommends that the City Commission Open and continue to a date certain of April17, 2013. KGB/JGG/RGL:trm T:\AGENDA\2013\March 13\CD-2 Self Storage-MEM Open & Continue.docx 321 14NE l THURSDAY, FEBRUARY28, 2013 NE CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that second readings and public hearings wlli be held by. the. Meyor and City Commission of fue Cfty of Miami Beach; Floridll, In the Commission Cliilmbers, 3n:! Floor, City Ha!l, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 13, .2013 to COnSider the following: 10:11>a.m. On:!inanoo.Amending The Miaml Beach Cily Code By Amending Chapter 2, Entitled ''Administration," By Amending Article Ill, Entitled "AgenclllS, Boards And Committees," By Creating Divisioo 34, To Be Entilisd "Slcyc!e-?edeslrlan Facilities Advisory Committee," And Sections 2·190.149 Through 2·190.153 Therein To Provide Provisions Establishing The CommiUee And lt!l PurpO!lS, Pawers And Duties, Compollition, And Supporting Departi'nenl Inquiries may be d1rectsd to the Public Works Department at (301l1673·7080, 10:30a.m. On:!inance Amending Chapter 10 Of The Miami Beach City Code E:ntitled "Animals," By Amending Section i0-11, Entitled "Running At Large Prohibited," By Exiendlng The Pitm Program Off-Leash Area ror Dogs )n South Pointe P.clfkThrough And Including Jull!il 30, 2013 •. Inquiries may be directed to the Parks and Recreation Department at (:3l15) o73-7130. 10i45a.m. CD-2 Self Storage: Ordinance Amending The Coda Of The City Of Miami Beach, Florida, Chapter 142, ''Zoning Districts And Regulations," Article ll, "District Regulations," Division. 5, CD-2 "Commeroiai, Medium Intensity Dislrici," By Permitting "Self.Stmage Warehouses" As A Conditional Use lh This Zooliig District. Inquiries may be directed to the Planning Department at (305) 673-7 550. 11:00a.m. Ordiilanoe Arnending The Miami Beach City Code By Arr!Bndlng Chapter 2, Entitled "Arlministra!Jont By Amending Article Ill, Entitled "Agencies, Boards And Commiiteas;" By Amending Division 29, Entitled "Deb~en! Committee," By Amending The Purpose, Powers, And Duties Of The Committee To Include Authority To Consider The Suspension Of Contractors In Arldit(on To Debam)ents, Inquiries may be dlr9cted to the Cit11 Attorney's Office at (305) 673-7 470, 5:15p.m. Hotel Paf'o(ing Requirements: Ordinance Amending The Code Of The City Of Miami Beach, Floridll, By Amending Chapter 130 "Off-Strael Parking," Miele It, "Districts; Requirements,• By Amending The .off-Street Parking Requirements For Hotels In All Districts. Inquiries may be dlr~cted to tlle Planning Department at (305) 673-7550. INTERESTED PARTIES are invited to app,ear at this mooting, or be represented by an agent, or to express tllair views in writing addressed to the Ciiy Commission, cfo tlle City Clerk, 1700 Conventloo Center Drive, 1st FlOor, City Hall, Miami Beach, Florida3313ll. Copies ofthese items are available for public lnapecl!on.during normal business hours !n the City Clerk's Office, i700 Conventfon Center Drive, 1st Floor, City Hail, Miami Beach, Florida 3:3139. This meeting may be continued, end under !iuch circumstances addltronal legal notice wili nat be provided. Rafael E. Grenada, Clly Clerk City of Miami 6ea¢h Pursuant to Section 2.8a0'! 05, Fla. Slat.. the Crty hereby advises the public thal: lhipersondecides to appBlll any decision made by the Cily Commission wilh respect to any matter considered at Its meeting or Its h!laring, wch perSOl'l must ernlure that a verbatim record of the proceedings is rnade, which record includes lha tesiifllCny and evidence upon which the appeal is to be based. This notice does not constitute consent by the City fur the introduction or admission of otherwise inadmissible or Irrelevant evidence, nar does it authorize chailenges or appeais not otherwise ail owed by law. To request this: material in accessible format, sign language interpreters, informalion on access for persnns wllh and! or any accornmoda1ion lo review any document or participate any City-sponsored proceeding, please contact us five da)ffi in adv<111ca at (305) 673-7 411(iloice) or TIY users may also call the Florida Relay Ssrvlce at 711, Ad #.7S6 322 __ ....., \ THIS PAGE INTENTIONALLY LEFT BLANK 323 OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION INTERIM CITY MANAGER KATHIE ~ROOKS FROM: DATE: SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 29, ENTITLED "DEBARMENT COMMITTEE," BY AMENDING THE PURPOSE, POWERS, AND DUTIES OF THE COMMITTEE TO INCLUDE AUTHORITY TO CONSIDER THE SUSPENSION OF CONTRACTORS IN ADDITION TO DEBARMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. On January 16, 2013, the City Commission adopted Ordinance 2013-3787 which amended the City's Debarment Ordinance. Among other things, the new Ordinance amended the debarment provisions to include suspension procedures in addition to debarment procedures. In order to provide consistency between the new provisions in the Debarment Ordinance and the City Code provisions concerning the Debarment Committee's purpose, powers, and duties, the attached Ordinance sets forth minor amendments to enable the Debarment Committee to conduct suspension hearings and to impose suspension penalties in addition to debarment hearings and penalties. The Ordinance was passed on First Reading by the City Commission on February 6, 2013 and is sponsored by Mayor Matti Herrera Bower. DT/sc F:\ATTO\TURN\COMMMEMO\Amending Debarment Committee Memo. doc 324 Agenda Item BS" D Date 3-)3-/3 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 29, ENTITLED "DEBARMENT COMMITTEE," BY AMENDING THE PURPOSE, POWERS, AND DUTIES OF THE COMMITTEE TO INCLUDE AUTHORITY TO CONSIDER THE SUSPENSION OF CONTRACTORS IN ADDITION TO DEBARMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on January 16, 2013, the City Commission adopted Ordinance No. 2013- 3787 which amended the City's Debarment Ordinance to include, among other things, suspension procedures in addition to debarment procedures, and the authority of the Mayor and City Commission, by a majority vote, to debar or suspend contractors rather than the Debarment Committee; and WHEREAS, in order to provide consistency between the new provisions in the Debarment Ordinance and the City Code provisions concerning the Debarment Committee, the amendments proposed herein to the purpose, powers, and duties of the Committee are needed. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: SECTION 1. That Chapter 2, Article Ill, Division 29 of the Miami Beach City Code is hereby amended as follows: Chapter 2 ADMINISTRATION * * * ARTICLE Ill. AGENCIES, BOARDS AND COMMITTEES * * * DIVISION 29. DEBARMENT COMMITTEE * * * 325 Sec. 2-190.128. Established. There is hereby established a debarment committee in the city whose purposes, power and duties, composition, membership qualifications, and general governing regulations are as follows in this division. Sec. 2-190.129. Purpose. The committee's purpose is to evaluate and, if warranted, impose debarment or suspension as provided in sections 2-397 through 2-406 to exclude a contractor (and, in limited instances, a bidder or proposer) from city contracting and city approved subcontracting. Sec. 2-190.130. Powers and duties. The committee is vested with the power and authority to conduct quasi-judicial hearings, as authorized and provided in sections 2-511 through 2-513, with regard to debarment and suspension procedures and to impose penalties, all as more specifically set forth in sections 2- 397 through 2-406. Sec. 2-190.131. Composition. The committee shall consist of seven voting members to be individually appointed by the mayor and city commissioners. If any member of the committee abstains from voting at two meetings within a calendar year, said member shall be automatically removed from the committee. The committee shall meet only as convened pursuant to the debarment ordinance set forth in section 2-405. Sec. 2-190.132. Knowledge and experience. The committee shall be composed of persons who possess outstanding reputations for civic activity and interest, integrity, responsibility, and business or professional ability. Sec. 2-190.133. Supporting departments. The supporting department shall be the office of the city manager/procurement office. SECTION 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 326 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 GRANADO, CITY CLERK (Sponsored by Mayor Matti Herrera Bower) Underline denotes additions MATTI HERRERA BOWER MAYOR F:\ATTO\TURN\ORDINANC\Amending Debarment Committee 2013.docx 3 327 14NE I THURSDAY. FEBRUARY28, 2013 NE 1\!0TICE lS HERESY g.iventhat secand readings and public hearings will be held hy the .. Mayor and City Commission of the City of Miami Beach; florid!!, lh the ~on Chambocs, Sn:! Floor, City Hail. i 700 Co!WMtton C~ter Drive. Miami Beach, Florida. on Wednesday, Mareh iS, iW13 to consider the following: t0:15a.m. OtdinancaAmendlng The Miami Eleach City Ctlde Sy Amendl~ Chapter((, Entitled ''Administration," Sy Amending Artfl::ie Ill, Ernl!led "~enclee, l3oortls And Committoos," By Creating Divls!on 34, To Be Entlf!ed "6\cycie-Pe~ Fad:litiss Adviscey Committee;" And Sactlons 2·1 00. i49 Through t.H 9iL 153 Th!)fSin To Provide Provisions EStabiishlng The Committee And Its Purpose, Powers And DUties, Composition, And Supporting ~partmant. Inquiries may be dfractsd to the Public Works Department at (305} 67HOSQ, 10:S<!a.m. Ordinance Amending Chapter 10 Of The Ml;;mll3each City Code Entltlad "Anlmals," Amending Sectiqn 1Q-H, Entitled "Runn1ng At Ltlll,le Prohibited, Extending The PHot Program Off-Leash Aroa For !Jugs In South Pointe Park Through And Including JUne 30,2013. Inquiries may be directed to the .Parks and Recreation Department at (305) 673-1730. 1~5a.m, CD-2 Self Storage: Of Miami Beach, Florida. Chapter Article U, "District Regulations," 5, ''Commercial, Medium Intensity District," By Permitting "Self-Storage Warehouses" As A Conditional Use In This Zooliig District Inquiries may be directed to the Planning Department at (305) 573-7 550. 11:00a.m, inarlca Amending The Miami Beach Oty Code By Amending Chapter 2, Entitled "Admfni:;tratlon," By Amending Article Ill, Entitled "Agjlncies, Bootds And Committees," By Amending Division 29, Entitled "Debarment Committee," By The Purpose, Powers, And Duties Of The Committee To lm:lude Consider The S~JSpension Of Conlractorn In Addition To Dsbamwnls. Inquiries may be direc!J>d to 5:15p.m. Hots! Parking Requirements: at (305} 67::1-7 470. Ordinance Arnending The Code Of The City Of Miami Beach, Florida, By Anll>nding Chap!!!!' i 30 "Off-Street Requirements," By An1ending The .Off-Street Hotels In All Districts. " Article II, Requirements Inquiries may be directed to the Planning O!lpartment at (305) 1573..:7550, INTERESTED PARTIES are invited to appear at this meeting, or be rnprassntecl by an agent, or to expross their views in Writing addressed to tim City Ccmmlssion, cfo the City C!!il'4,, 1700 Coovootlon Cootar Drl\re, 1st Floor, City Ha1!, Mtaml Bsach, AorldaSS'!Sl'l. Copkm of 1hese\tems !)fS avalloola fur publ!c inspect!on during normal buslne!lS !mtn in !he City Clam'S Office, 1700 Convnlon C!lf!tar Drlva, 1st !Noor, City HaH, Miami Seach, F!orlcla 5S139. This meeting ma:y be continued, and under such drcums'tallces addltion!!l legal notice will not be provided Rafael E. Granado, Cl'ly Cieri:<: City of Miami Beach Pursuant to Section 286,0105, Fla. Slat .. the City advtsm; the public that: If ap!n'Sl:n decides to appeal ariy decision Commission wi!h !8SpOOt to any matter consldemi;l rn Its meeting or its h~aring, perwn mur:.i ern;ure that a verl:ml:im record record includes the le:>timory and evidence upon appeal is to be basad. This notice does hot oons!ituta consent by the City fur the. introduction or admission of otherwise inedmiss]Jie or irrelevant evidence, nor does it authorize IX appeals not otherwise ail owed by law. To roqU!!St this material In accessible fommt, si9n language Interpreters, lnfo.'!llatlun on access for pereons with d!sebilllias, and/ or ooy accommodrnlon to review any document or purticlpata !n any City-sponsored proceeding, pi~ contact !JS five clays in advarica m (305) 1)73-741 i (voice) orTIY users 111!!\' also cal! the rlntlds Relay 8SN1ce at 711. Ad #.766 328 __ _. \ THIS PAGE INTENTIONALLY LEFT BLANK 329 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amendment proposing to modify the off street parking requirements for hotel develo ment in the Cit . Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount" Item Summa /Recommendation: SECOND READING PUBLIC HEARING 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 had recommended 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 supports a third version of the ordinance, as revised by the Planning Department based upon the direction from the Commission in February, as this formulation represents the best synthesis of the various proposals put forward to date, as well as the general consensus expressed by the Cit Commission at first readin in Februa . On October 30, 2012, the Planning Board (PB File No. 2078) recommended that the City Commission a rove the Plannin Board version of the ro osed Ordinance b a vote of 5-2. Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: This 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 about $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. Staff estimates that properties in historic districts have on balance only a relatively small amount of additional development rights (FAR) still remaining. Although the reduction in parking requirements would reduce the potential for future parking impact fee revenue, this cannot be directly estimated, as some portion of future development may only occur because of the reduced parking reQuirements, and would not be proposed if significant impact fees remained as a requirement. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney . S1 n-Offs: Department Director T:\AGENDA\2013\March 13\Hotel Parking MIAMI BEACH 330 AGENDA ITEM ___.__B..._S--'t=. __ DATE 3-f3-/3d -MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Co ission FROM: Kathie G. Brooks, Interim City Manage~ DATE: March 13, 2013 SECOND READING PUBLIC HEARING 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 The Administration recommends that the Commission adopt upon Second Reading Public Hearing the ordinance as revised by the Planning Department based upon the direction from the Commission in February. UPDATE A revised ordinance has been prepared by the Planning Department based upon the Commission's discussion at first reading in February. This version of the ordinance contains the following features: • The parking requirement for hotel rooms in Historic Districts would be 0.5 spaces per room, as originally proposed, but caps this reduction at no more than 100 units; only applicable to retention of historic buildings. • This would also apply in specified areas in North Beach, including the National Register Historic District, but only if existing historic buildings are substantially retained; • Staff has added a requirement for an employee parking plan, which will be required of any hotel seeking the reduced parking rate of .5 spaces per unit. • For properties that are commercially zoned and are within 1,000 feet of the boundary of an area that is (1) zoned CD-3 and (2) part of a historic district (i.e. the Finvarb hotel project site at 1 ih Street and West Avenue), the parking requirement would be reduced to 0.5 spaces per unit, if the hotel agrees to limit its accessory uses by (a) not permitting a restaurant open to the public, (b) not seeking an entertainment or dancehall license, (c) not holding any special events (d) not seeking an outdoor bar counter and (e) not opening any pool(s) to the public. 331 Commission Memorandum Hotel Parking Requirements March 13, 2013 Page 2 of 9 o This provision is recommended to apply only to hotels of no more than 1 00 units; (the proponent has proposed that it apply up to a maximum of 100 units and 1 space for all units in excess of 100 units); • Notwithstanding the foregoing, if a property is located outside of a historic district and within 150 feet of a single-family district or RM-1 district, the parking requirement for hotels shall remain at 1 space per unit. The Administration believes that this formulation represents the best synthesis of the various proposals put forward to date, as well as the general consensus expressed by the City Commission at first reading in February. See the attached chart for a simplified explanation. 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. On December 19, 2012, the Land Use and Development Committee discussed the Planning Board version of the Ordinance, as well as the Planning Department version, but could not reach consensus on either. Both Ordinances were transmitted to the City Commission without a formal recommendation. On January 16, 2013, the City Commission considered both versions of the Ordinance at First Reading, and referred the matter back to the Land Use Committee for additional input and discussion. On January 23, 2013 the Land Use and Development Committee discussed both versions of the Ordinance again and referred the Ordinances back to the Full City Commission, with a recommendation for the Planning Department version of the 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 332 Commission Memorandum Hotel Parking Requirements March 2013 3 of 9 hotel is another important variable in determining hotel parking demand. Other factors 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. inimum parking spaces per 1 u1:ner requirements uest room 1:15 uired 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. 333 Commission Memorandum Hotel Parking Requirements March 2013 4 of 9 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. Project • Description Ordinance impa 1 Courtyard by Marriott New construction of 1 0 story Passage of 3925 Collins Ave. addition to existing hotel, and ordinance prior to Historic district adding a basement garage, final C.O. would includes 93 hotel units. result in return of the Providing 68 new parking amount above, as the spaces on-site; still a 26 68 spaces being space deficit. constructed would then cover all parking $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 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 WYtndham Gardens Proposed one-story rooftop Parking impact fee 11 hand Washington 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. i4 Residence Inn Proposed extended stay Passage of the 12311ih 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 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 parking requirement. The Planning Department version of the ordinance (.75) would require a reduction of the number of units proposed or the addition of more parking spaces. 334 Commission Memorandum Hotel Parking Requirements March 2013 5 of 9 The amounts involved in satisfying parking requirements for new construction with 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. 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-family Residential (RM-2 or RM-3), were the most compatible for increased hotel development: 335 Commission Memorandum Hotel Parking Requirements March 2013 • Local Historic Districts • National Register Historic Districts 6of 9 • 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 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. On January 23, 2013, the Land Use Committee endorsed the planning Department version of the Ordinance, and also requested that and request more information on employee parking be provided. Information received from the hotel industry suggests that there is an average ratio of 0.6 employees per hotel room. Taking this figure into account, and estimating that the percentage of employees who arrive to work in their own private car, rather than by public transit or other means is not extremely high, it suggests that the suggested figures of 0.5 or 0.75 spaces per hotel room would be valid. 336 Commission Memorandum Hotel Parking Requirements March 2013 PLANNING BOARD REVIEW 7of 9 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 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. Staff estimates that properties in historic districts have on balance only a relatively small amount of additional development rights (FAR) still remaining. Although the reduction in parking requirements reduces the potential for future parking impact fee revenue, this cannot 337 Commission Memorandum Hotel Parking Requirements March 13, 2013 Page Bof 9 be directly estimated, as some future development may only occur because of the reduced parking requirements, and would not be proposed if impact fees remained as a requirement. EMPLOYEE PARKING PLANS Staff is proposing an additional requirement to address employee parking issues. In order for any hotel to receive the reduced rate of .5 spaces per unit, a hotel employee parking plan is required, which shall be subject to the review and approval of the Planning Department. Such hotel employee parking plan shall include mandatory measures to address employee parking, including but not limited to provision of transit passes, carpool or vanpool programs, off-site parking when available, monthly City parking passes, and/or other measures intended to limit the impact of employee parking on surrounding neighborhoods. SUMMARY Attached are three versions of the ordinance -two which were presented last month: the Planning Board's recommendation, which reduces parking to .5 spaces per hotel room citywide, and the Planning Department staff's 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; a third version which combines these concepts with some ability for projects outside the historic district to be reduced to 0.5 spaces per room if certain conditions are met and proffers are made limiting accessory commercial uses, and includes newly developed requirements for employee parking plans. All versions exclude the West Avenue residential corridor and the area south of Fifth Street. CONCLUSION The Administration recommends that the Commission adopt upon Second Reading Public Hearing the ordinance as revised by the Planning Department based upon the direction from the Commission in February, as this formulation represents the best synthesis of the various proposals put forward to date, as well as the general consensus expressed by the City Commission at first reading in February. KGB/JGG/RGL:trm T:\AGENDA\2013\March 13\Hotel Parking MEM 2nd.docx 338 Commission Memorandum Hotel Parking Requirements March 13, 2013 339 Page 9 of 9 Administration Recommendation Properties located within a local historic district or National Register Historic District Retaining, preserving and restoring a .5 spaces per unit, up to a maximum of 100 units building or structure that is classified as and 1 space per unit for all units in excess of 100 'Contributing' as of [date of ordinance], units. as defined below. Other (e.g. new construction or 1 space per hotel unit. substantial demolition of contributing building} Properties bounded by 62nd Street on the south, .5 spaces per unit, up to a maximum of 100 units 73rd Street on the north, Indian Creek on the west and 1 space per unit for all units in excess of 100 and the Atlantic Ocean on the east units. Properties located south of Fifth Street and 1 space per unit properties zoned residential and located south of 17th Street, west of Alton Court, east of Biscayne Bay and north of 6th Street les not listed above Hotels of 100 units or less, limited by .5 spaces per unit covenant to no restaurants or pools open to the public, no outdoor bar counters, entertainment or special events, and located in a commercial zoning district within 1,000 feet of the boundary of an area that is (1) zoned CD-3 and {2) part of a historic district Within 150 feet of a single-family district 1 space per unit or RM-1 district, notwithstanding the above I Other 1 space per unit For purposes of this section, "retaining, preserving and restoring a building or structure that is classified as 'Contributing"' means that the following portions of such building or structure must remain substantially intact: L At least 75 percent of the front and street side facades; iL At least 75 percent ofthe original first floor slab; iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls; and iv. All architecturally significant public interiors. In addition to the above, in order for any hotel to receive the reduced rate of .5 spaces per unit, a hotel employee parking plan is required, which shall be subject to the review and approval of the Planning Department. Such hotel employee parking plan shall include mandatory measures to address employee parking, including but not limited to provision of transit passes, carpool or van pool programs, off-site parking when available, monthly City parking passes, and/or other measures intended to limit the impact of employee parking on surrounding neighborhoods. 340 Michael Larkin preferred language for Finvarb project: Properties located within a local historic district or National Register Historic District Retaining, preserving and restoring a .5 spaces per unit, up to a maximum of 100 units and building or structure that is classified as 1 space per unit for all units in excess of 100 units. 'Contributing' as of [date of ordinance], as defined below. Other (e.g. new construction or substantial 1 space per hotel unit. demolition of contributing building} Properties bounded by 62nd Street on the south, .5 spaces per unit, up to a maximum of 100 units and 73rd Street on the north, Indian Creek on the west 1 space per unit for all units in excess of 100 units. and the Atlantic Ocean on the east Properties located south of Fifth Street and 1 space per unit properties zoned residential and located south of 1ih Street, west of Alton Court, east of Biscayne Bay and north of 6th Street Properties not listed above Hotels ef 100 YRits er less, limited by .5 spaces per unit, u~ to a maximum of 100 units and covenant to no restaurants or pools open 1 saace aer unit for all units in excess of 1QO units. to the public, no outdoor bar counters, entertainment or special events, and located in a commercial zoning district within 1,000 feet of the boundary of an area that is {1) zoned CD-3 and (2) part of a historic district Within 150 feet of a single-family district or 1 space per unit RM-1 district, notwithstanding the above Other 1 space per unit For purposes ofthis section, "retaining, preserving and restoring a building or structure that is classified as 'Contributing'" means that the following portions of such building or structure must remain substantially intact: i. At least 75 percent of the front and street side facades; ii. At least 75 percent of the original first floor slab; iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls; and iv. All architecturally significant public interiors. 341 HOTEL PARKING REQUIREMENTS REVISED VERSION BASED UPON DISCUSSION AT FIRST READING 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 floor area as follows: * * * (26) Hotel, suites hotel, motel or motor lodge: 342 Properties located within a local historic district or National Re ister Historic Di · Retaining . preserving and restoring a building or structure that is classified as 'Contributing' as of [date of ordinance[, as defined below. Other (e.g. new construction or substantial demolition of contributing building) erties not listed above .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. 1 space per hotel unit. .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. 1 space per unit Hotels of 100 units or less. limited .5 spaces per unit by covenant to no restaurants or pools open to the public. no outdoor bar counters. entertainment or special events . and located in a commercial zoning district within 1.000 feet of the boundary of an area that is (1) zoned CD-3 and (2) part of a . t . 1 space per unit For purposes of this section, "retaining, preserving and restoring a building or structure that is classified as 'Contributing'" means that the following portions of such building or structure must remain substantially intact: i. At least 75 percent of the front and street side facades; ii. At least 75 percent of the original first floor slab; iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls; and iv. All architecturally significant public interiors. In addition to the above, in order for any hotel to receive the reduced rate of .5 spaces per unit a hotel emplovee parking plan is reguired, which shall be subiect to the review and approval of the Planning Department . Such hotel employee parking plan shall include mandatory measures to address employee parking. including but not limited to provision of transit passes, carpool or vanpool programs, off-site parking when available. monthly City parking passes. and/or other measures intended to limit the impact of employee parking on surrounding neighborhoods. 2 of 5 343 * * * 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: 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 'Nith 500 units or 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: Other (e.g. new construction or substantial demolition of contributing building) ot listed above Hotels of 100 units or less. limited by covenant to no restaurants or pools open to the public. no outdoor bar counters. entertainment or special events . and located in a commercial zoning district within 1 .000 feet of the boundary of an area that is (1) nd 2 art of a .5 spaces per unit. up to a maximum of 100 units and 1 space per unit for all units in excess of 100 units. 1 space per hotel unit. .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. 1 space per unit .5 spaces per unit 3 of 5 344 Within 150 feet of a single-family 1 space per unit district or RM-1 district. notwithstandin the ab ve Other *r...,u.n.;.;it.L___~~~~-------J For purposes of this section, "retaining , preserving and restoring a building or structure that is classified as 'Contributing"' means that the following portions of such building or structure must remain substantially intact: i. At least 75 percent of the front and street side facades; ii. At least 75 percent of the original first floor slab; iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls; and iv. All architecturally significant public interiors. In addition to the above, in order for any hotel to receive the reduced rate of .5 spaces per unit. a hotel employee parking plan is required. which shall be subject to the review and approval of the Planning Department . Such hotel employee parking plan shall include mandatory measures to address employee parking, including but not limited to provision of transit passes, carpool or vanpool programs, off·site parking when available. monthly City parking passes. and/or other measures intended to limit the impact of employee parking on surrounding neighborhoods. * * * 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. 4 of 5 345 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: February 6, 2013 Second Reading: March 13, 2013 Verified by:-~~----=-:--:-----::--:- Richard G Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney T:\AGENDA\2013\March 13\Hotel Parking revised admin ORO 2nd reading.docx 5 of 5 346 Date 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 floor area as follows: * * * (26) Hotel, suites hotel, motel or motor lodge: For ro south of Fifth Street and ro erties zoned residenti : 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, for a building or structure that is classified as 'Contributing', and is located within a National Register Historic District north of 347 63rd Street, the following portions of such building or structure must remain substantially intact and are retained, preserved and restored in order to qualify for this reduced parking space requirement: L At least 75 percent of the front and street side facades; ii. At least 75 percent of the original first floor siab; iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls; and iv. All architecturally significant public interiors. In the event such building or structure does not satisfy all of the above requirements, 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. 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: For structures ·.vith less than 250 units, one space per two (2) unit§.; for structures ·.vith 250 to 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: * * * (4) Hotel, suites hotel, Street and ro rt 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 100 units, However, in the event a building or structure, which is classified as · · · · of 63 Street, the following portions of such building or structure must remain substantially intact and are retained, preserved and restored in order to qualify for this reduced parking space requirement: i. At least 75 percent of the front and street side facades; ii. At least 75 percent of the original first floor slab; HL For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls; and iv. All architecturally significant public interiors. 2 of 3 348 In the event such building or structure does not satisfy all of the above requirements. 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 100 units and 1 space per unit for all units in excess of 100 units. RHowever, suites hotel units as defined in Section 142-1105 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 adoption. PASSED and ADOPTED this __ day of _______ , 2013. ATTEST: CITY CLERK First Reading: February 6, 2013 Second Reading: March 13, 2013 Verified by:--------- Richard G Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:\AGENDA\2013\February 6\Hotel Parking Planning BOARD Ver ORD 1st rdg Feb 6 13.docx 3 of 3 349 MAYOR 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 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 floor area as follows: * * * (26) Hotel, suites hotel, motel or motor lodge: d south of Fifth Street and ro erties zoned resi · and I of : 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, for a building or structure that is classified as 'Contributing'. and is located within a National Register Historic District north of 350 63rd Street the following portions of such building or structure must remain substantially intact and are retained, preserved and restored in order to gualifv for this reduced parking space requirement: i. At least 75 percent of the front and street side facades; ii. At least 75 percent of the original first floor slab; iii. For structures that are set back two or more feet from interior side property lines. at least 66 percent of the remaining interior side walls: and iv. All architecturally significant public interiors. In the event such building or structure does not satisfy all of the above requirements, 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 all units in excess of 1 00 units. -AHowever, 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: For structures with less than 250 units, one space per two (2) unit§.; for structures 'Nith 250 to 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: (4) * * substantially intact and are retained, preserved and restored in order to guallfy for this reduced parking space requirement: v. At least 75 percent of the front and street side facades; vL At least 75 percent of the original first floor slab; vii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls: and viii. All architecturally significant public interiors. 2 of3 351 In the event such building or structure does not satisfy all of the above requirements, 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 100 units and 1 space per unit for all units in excess of 100 units. -AHowever, suites hotel units as defined in Section 142-1105 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 adoption. PASSED and ADOPTED this __ day of _______ , 2013. ATTEST: CITY CLERK MAYOR APPROVED AS TO FOR AND LANGUAGE FOR EXEC TION J J ~::......-_ /~Z:..__'i~:;;...._- First Reading: February 6, 2013 Second Reading: March 13, 2013 Verified by:--------- Richard G Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:\AGENDA\2013\February 6\Hotel Parking Planning DEPARTMENT Ver ORO 1st rdg Feb 6 13.docx 3 of 3 352 Date t4NE I THURSDAY; FEBRUARY28, 2013 NE NOTICE IS'HEREBY giwn that sscand readings end public hearings will be held by the Mayor and City Commission of the Cfty of Miami Beach; Flcrid!l, !n the Commission Chambers, Sid Floor, City Hail, 1700 C9riventlon Center Driv~ Mlamf Beach, Florida. on Wednesday, March 1~ 2013 to consider the fallowing: 10:1!h.m. Ordinanoe Amend!ng The Miami Beach City Code By Amend!ng Chapter 2, Entitled "Admlnts!mtlon,• By Amending Article Ill, Ent!tted "Agencies, Boards And Committees," By Creailng 01\llslon 34, To Sa Entitled "Blcyc~e-Pedestrlan Fac1Htles Advisory Committee,~ And SectJons 2·190.149 Through 2~190.153 Therein To Provide Provisicmi Establishing The Comm~tee And Its Purposs, Powers And IMI9!;, Composition, And Supporting ~artment. Inquiries may be directed to the Public Works Department at (305) 673~7()80. 10:30a.m. Ordinance Amending Chapter 10 Of The Miami Beach Clty Code Entitled ~Anii'TltliS.~ By Am!mding Section 10-ii, Entitled "Running At Large Prohibited," By E:dendlng The Pilot Program Off-Leash Area For Dogs In South Po!nkl Park ThrO!JQh And Including JUne 30, 2013 .. Inquiries may ba directed to the Parks and Recreation Department at (305) 673-7730. 1ik45a.m. CD-2 Self Storage: Ordinance Amending The Code Of The City Of Miami Baath, Florida, Chapter t42, ''Zoning Districts And Regulations," Article !!, "District Regulations," Division 5, CD-2 "Commercial, Medium Intensity District," By Permilting "Self-Storage Warehouses" h. A Conditioni:ll Use In This Zooihg District. Inquiries may be directed to the Planning Department at (305) 673-7550. 11:00a.m. Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled ~Administration;ft By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Division 29, Entitled "Debarment Committee," By Amending The Purpose, Powers, And Duties Of The Committee To Include Authority To Consider The Suspension Of Contractors In Addition To Debarments. Inquiries may be dlrected to the City Ati1Jmey's Office at (305) $73-7470. 5:15p.m. Hotel Parking Requirements: Ordinance Amending The Gada Of The City Of Mlami Beach, florida, By Amending Chapter 130 "Off-Street Parking," Article II, "Districts; Requirements," By Amending The OfH:ltreet Parking Requirements Far Hotels In Ail Districts. Inquiries may be dlractil<:l to the Planning Department at (305) 673-7550. INTERESTED PARTIES are 111\/ited to appear at this meeting, or be represented by an agent, or to exprel>S thelr views in writing addressed to the Cfly Commission, cfo the cay Crark. 1700 Conllllntioo Canter Dci\te, 1st Floor, City Hall, Miami Beach, Flooda33139. Coplesofthese!temsere avaliabiefor public lnspmlon dUring norm.al buslnesshoorain the City Clerk's Office, 1700 Converrllon Center Drive, 1st Floor, City Hall, Miami Beach, F!orlda 33139. This meeting may be continued, ar1d under such circumstMces addilfon!!l legal notice will nat be provlded. Rafael E. Granado, City Clerk City of Miami Beac::h Pursuant to Section 286.0105, Fla. Stat., th.e City hereby advises the public that: ff a person dacldesto appeal any deciskm made by the City Cbri1mission with respect to any matter considered at its meeting or its h!laring, )lUcll parson must ensura that a verbatim record of the p!'Oceedings ls made, which record includes the testimony and eVidence upon which the <~ppeal is to be based. This notice does hot constitute conssnt bytheCilyfurthe introduction or admission of otharwlss inadmissible or irrelevant evidence, nar does it authorize chailenges or appeals not otherwise allowed by law. To request this material in accessible fori'Tltlt, sign language Interpreters, information on access for parsons with di$1lb\lities, andi or MY accommodation to review any doC\llllQllt or partidpate fn any City~sponsorad proceeding, please contact us five day>;i in advance at (305) 673-741t(\ioice) arm tJSSrsmay also call the Florid<> R<>i"v !';erv1ceat 71i. Ad i!.i'S£ 353 __ __. \ COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, Facilities And Vehicles," By Amending Article li, To Be Entitled "Restricted Wake Zones," To Create Regulations For Restricted Wake Zones; Providing For A Purpose; Providing For Definitions; Providing For Restricted Areas; Providing For Posting Of Regulatory Markers; Providing For Exemptions; Providing For Enforcement And Penalties; Providing For Repealer, Severability, Codification, And An Effective Date. Key Intended Outcome Supported: Increase community satisfaction with City government Enhance the environmental sustainability of the community. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The proposed ordinance would provide regulations for the safe operation of motorboats and other vessels in or upon waters within the jurisdiction of the City of Miami Beach. The City has the authority to create such an ordinance based on Section 327.46, Florida Statutes (F.S.) which went into effect October 1, 2009. Section 327.46, F.S. encourages local governments to establish boating restricted areas where needed. This item was presented to the City Commission at their regularly scheduled December 12, 2012 meeting. During discussion of the proposed Ordinance, Commissioner Wolfson expressed a concern with larger "No Wake Zones" and the item was subsequently referred to the Land Use and Development Committee. The Land Use and Development Committee met on February 13, 2013 and discussed this item. The Committee recommended the Ordinance, with the minor modifications presented to the Committee at its meeting. In summary, the northern bound of the proposed slow speed and idle speed no wake zones west of the Sunset Harbor Marina have been reduced. Previously, the proposed zones extended 300 feet north of the northern bound of the Sunset Harbor Marina. The northern bound of the currently proposed slow speed minimum wake zone is a westward extension of the northern bound of the Sunset Harbor Marina. The northern bound of the idle speed no wake zone has been reduced by 150 feet-so that the 300 foot radius of the idle speed zone has been cropped at 150 feet north of the Sunset Harbor Marina. Please see the attached map. The proposed Ordinance still protects the waters surrounding the public access boat ramp within the Maurice Gibb Memorial Park and the blind corner created by the Sunset Harbor Marina with idle speed no wake zones. The remaining proposed idle no wake speed zones are necessary to protect waterway users from large wakes thrown by passing vessels. This is especially true given the types of waterway uses in this area, which include stand-up paddle boards, kayaks, and other small watercraft. Advisory Board Recommendation: On September 24, 2012, the Neighborhoods Committee held a discussion relative to this ordinance and unanimously voted to transmit the proposed ordinance to the City Commission with a favorable recommendation. On October 9, 2012, the Marine Authority held a discussion relative to this ordinance and unanimously voted to transmit the proposed ordinance to the City Commission with a favorable recommendation Financial Information: Source of Funds: Amount Account Approved 1 I I 2 OBPI Total Financial Impact Summary:The proposed Ordinance should not have a significant fiscal impact upon the City, as this Ordinance would only require installation of "idle speed no wake" (no wake) and "slow speed minimum wake" (slow speed) i signs. Considering that the Marine Patrol station is adjacent to the area there is no increase enforcement costs. City Clerk's Office Legislative Tracking: Debbie Turner MIAMI BEACH 354 nager AGENDA ITEM __:_R.:..:S':.........-F __ DATE 3-/ 3 .... /?:, MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Honorable Mayor Matti Herrera Bower and Members of the City Commission r Kathie G. Brooks, Interim City Manager / March 13, 2013 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE II, TO BE ENTITLED "RESTRICTED WAKE ZONES," TO CREATE REGULATIONS FOR RESTRICTED WAKE ZONES; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTED AREAS; PROVIDING FOR POSTING OF REGULATORY MARKERS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENAL TIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Increase community satisfaction with City government Enhance the environmental sustainability of the community. BACKGROUND The proposed Ordinance would provide regulations for the safe operation of motorboats and other vessels in or upon waters within the jurisdiction of the City of Miami Beach. The City has the authority to create such an ordinance based on Section 327.46, Florida Statutes (F.S.) which went into effect October 1, 2009. Section 327.46, F.S. authorizes local governments to establish boating restricted areas where needed. The statute does, however, place specific limitations on where and for what purposes boating restricted areas can be established. The statute identifies zones that be established with state review, zones that can be established without state review, as well as areas which can be designated for the purpose of public safety. The Florida Fish and Wildlife Conservation Commission (FWC) is the agency responsible for conducting the aforementioned state review. CITY COMMISSION MEETING -DECEMBER 12, 2012 This item was presented to the City Commission at their regularly scheduled December 12, 2012 meeting. During discussion of the proposed Ordinance, Commissioner Wolfson expressed a concern with larger "No Wake Zones" and the item was subsequently referred to the Land Use and Development Committee. 355 No Wake Zone I Slow Speed Zone City Commission Meeting March 13, 2013 Page 2 of 2 COMMITTEE REVIEW On September 24, 2012, the Neighborhoods Committee held a discussion relative to this Ordinance and unanimously voted to transmit the proposed Ordinance to the City Commission with a favorable recommendation. On October 9, 2012, the Marine Authority held a discussion relative to this Ordinance and unanimously voted to transmit the proposed Ordinance to the City Commission with a favorable recommendation. The Land Use and Development Committee met on February 13, 2013 and discussed this item. The Committee recommended the Ordinance, with the minor modifications presented to the Committee at its meeting. PROPOSED ORDINANCE In summary, the northern bound of the proposed slow speed and idle speed no wake zones west of the Sunset Harbor Marina have been reduced. Previously, the proposed zones extended 300 feet north of the northern bound of the Sunset Harbor Marina. The northern bound of the currently proposed slow speed minimum wake zone is a westward extension of the northern bound of the Sunset Harbor Marina. The northern bound of the idle speed no wake zone has been reduced by 150 feet-so that the 300 foot radius of the idle speed zone has been cropped at 150 feet north of the Sunset Harbor Marina. Please see the attached map. The proposed Ordinance still protects the waters surrounding the public access boat ramp within the Maurice Gibb Memorial Park and the blind corner created by the Sunset Harbor Marina with idle speed no wake zones. The remaining proposed idle no wake speed zones are necessary to protect waterway users from large wakes thrown by passing vessels. This is especially true given the types of waterway uses in this area, which include stand-up paddle boards, kayaks, and other small watercraft. 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 should not have a significant fiscal impact upon the City, as this Ordinance would only require installation of "idle speed no wake" (no wake) and "slow speed minimum wake" (slow speed) signs. Considering that the Marine Patrol station is adjacent to the area, there is no increase enforcement costs. CONCLUSION The waters surrounding the City of Miami Beach are one of the City's greatest sources of enjoyment. The proposed restricted wake zone ordinance presents a proactive tool for increasing the safe enjoyment of this City resource. The City should certainly make use of every avenue possible for increasing quality of life for residents and minimizing risks to safety. Further, this type of ordinance is specifically authorizes by Section 327.46, F.S. for boating safety reasons. As per the recommendation of the Land Use and Development Committee, the Administration recommends approval of the Ordinance on first reading. KGB\MAS T:\AGENDA\2013\March 13\No Wake Zone.MEM.doc 356 ORDINANCE NO. -------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE II, TO BE ENTITLED "RESTRICTED WAKE ZONES," TO CREATE REGULATIONS FOR RESTRICTED WAKE ZONES; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTED AREAS; PROVIDING FOR POSTING OF REGULATORY MARKERS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENAL TIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach, Florida is authorized to regulate vessel operations, including the speed and wake of vessels, under Sections 327.46 and 327.60 of the Florida Statutes; and WHEREAS, the City Commission has determined that the unregulated operation of vessels on the waterways in the City of Miami Beach constitutes a potential hazard to the safety and welfare of the citizens of City of Miami Beach; and WHEREAS, vessels used as a means of transportation on water have been declared to be dangerous instrumentalities in the State of Florida pursuant to Section 327.32, Florida Statutes; and WHEREAS, boating restricted areas are necessary to avoid safety hazards to persons, property, and marine life resulting from vessels traveling at excessive speeds; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1. That Article II of Chapter 66 of the Miami Beach City Code is hereby amended to provide for restricted wake zones as follows: CHAPTER 66 MARINE STRUCTURES, FACILITIES AND VEHICLES * * * Article II. Reserved Restricted Wake Zones. 357 Sec. 66-41. Reserved Purpose. The purpose of this ordinance is to provide regulations for the safe operation of motorboats and other vessels in or upon the waters within the jurisdiction of the City of Miami Beach consistent with Chapters 125 and 327, Florida Statutes, and Chapters 680-21 and/or 680-23, Florida Administrative Code, and as such Chapters and Codes shall be amended from time to time. Sec. 66-42. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning. "Boating-restricted Area" means an area of the waters of the state within which the operation of vessels is subiect to specified restrictions or from which vessels are excluded. "Idle Speed" and "Idle Speed. No Wake" indicates a boating restricted area which has been established to protect the safety of the public. The terms may be used interchangeably and mean that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time Is any vessel required to proceed so slowly that the operator is unable to maintain control over thE3vessel or any other vessel or object that it has under tow. "Idle Speed. No Wake Zone" means an area of a waterway in which a vessel cannot proceed at a speed greater than that specified by the Idle Speed No Wake definition. "No wake" means that vessel speed which is the minimum required to maintain headway and does not produce a wake. "Regulatorv marker" means a device used to alert the mariner to various regulatory matters such as horsepo\Mgr, speed, wake, or entry restrictions in conformity with the Uniform State Waterway Marking System and the United States Aids to Navigation System, Part 62 of Title 33 of the Code of Federal Regulations. "Slow Speed" and "Slow Speed, Minimum Wake" indicates a boating restricted area which has been established to protect the safety of the public. The terms may be used interchangeably and mean that a \€S93I must be fully off plane and completely settled into the water. The vessel must then proceed at a speed which is reasonable and prudent under the prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous conditions which endanger or are likely to endanger other vessels or other persons using the waterway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow. "Slow Speed, Minimum Wake Zone" means an area of a waterway in which a vessel cannot proceed at a speed greater than that specified by the Slow Speed Minimum Wake definition. "Speed Zone" means any area lawfully posted as a slow speed minimum wake area or idle speed no wake area. 2 358 "Vessel" is synonymous with boat as referenced ins. 1(b), Art. VII of the State Constitution and includes every description of watercraft barge. and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. "Vessel wake" means the movement of waves created by the motion of the vessel. It is the track or path that the vessel leaves behind. Vessel operators shall be responsible for their own wake and liable for any damage it may cause. "Wake" means when used in conjunction with a numerical size limit all changes in the vertical height of the water's surface caused by the passage of a vessel including, but not limited to. a vessel's bow wave, stem wake, and propeller wash, measured from the ambient tide level to the crest of the vessel's wake at a distance of not less than 25 feet from the vessel. Section 66-43. Restricted Areas. A The areas of enforcement of the provisions of this Ordinance shall be all public navigable waters, creeks, lakes, canals and channels, as provided herein, whether natural or manmade, located within the boundaries described below for the purpose necessary to protect the safety of the public as such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards in compliance with Section 327.46, Florida Statutes. B. Idle Speed. No Wake Z:t:ones shall be established at the following locations: jj Wi~Bln a 50Q foot radiue areund the fyol puma within the Miami Beach Marina lecated at 300 /\!ten Road, Miami Beach, FL. 2-}1) Within a 500 foot radius of the public access boat ramp within the Maurice Gibb Memorial Park. See Area A on Appendix. 2J) Within a 300 foot radius of the blind corner presented by the northwest corner of the Sunset Harbor Yacht Club Marina which obstructs the view between the Biscayne Bay and the channel between the Miami Beach Island and Sunset Island IV, excluding however the area of the 300 foot radius circle which is greater than 150 feet north of the northern bound of the Sunset Harbor Yacht Club Marina. See Area B on Appendix. C. A Slow Speed, Minimum Wake Z:t:ones shall be established: jj \'Vithin a 3QQ feet radius ef the south side of the bridge connecting Bolle Isle 'Nith Rivo Alto Island. That portion of Biscayne Bay which lies west of the Sunset Harbor area of Miami Beach, north of the eastern portion of the Venetian Causeway and east of the mid-point of Belle Isle, and extending south from the appraximato center of Sunset !§land IV, and east of RiyQ Alto !sian§!, excluding the shoal area north of beynded :!:w Markers@, 4, and 5, and bounded to the north by~ the imaginary line which is 3 359 a westward extension of the northern boundary of the Sunset Harbor Marina Yacht Club; additionally excluding areas otherwise designated herein as Idle Speed, No Wake Zones. See Area Con Appendix. Section 66-44. Posting of Regulatory Markers. Implementation of the boating restricted areas is contingent upon rece1v1ng all applicable state and/or federal authorizations to insure compliance with Chapter 680-23. Florida Administrative Code and to assist in navigation consistent with the United States Aids to Navigation System. Regulatory markers shall be installed and maintained to alert boaters to the existence and boundaries of the boating restricted areas established herein. All regulatory markers shall comply with the standards and regulations provided by state law, specified in Chapters 680- 23.108 and 680-23.109, Florida Administrative Code. No person shall be charged with a violation of this ordinance prior to the posting of regulatory markers as required by this Section. All areas designated as ''boating restricted areas" shall be so posted with regulatory markers that are in accordance with the provisions of the Florida Fish & Wildlife Conservation Commission's Uniform Waterway Marking System. Section 66-45. Exemptions. The restrictions created by this Ordinance shall not apply to vessels of any federal, state, county or municipal agency while operated by an officer, employee or agent thereof who is engaged in law enforcement or other necessary municipal or governmental activity. Section 66-46. Enforcement and penalties. The provisions of this section may be enforced by the Miami Beach Police Department, the Division of Law Enforcement of the Florida Fish and Wildlife Conservation Commission and its officers, and any other authorized law enforcement officer as defined in Section 943.1 0, Florida Statutes and in accordance with Section 327.70, Florida Statutes. Pursuant to Section 327.73, Florida Statutes, any person cited for a violation of anv provision of this Ordinance shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided by statute. SECTION 2. SEVERABILITY. If any section, sentence, clause, or word of this section is for any reason declared to be unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions shall not be affected. 4 360 SECTION 3. REPEALER. Any ordinance, or part thereof, and/or any resolution, or part thereof, which is in conflict with this Ordinance, is hereby repealed to the extent of such conflict. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, as amended. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the ___ day of , 2013, and upon posting of the regulatory markers permitted in accordance with Sections 327.40 and 327.41, Florida Statutes and the provisions in Chapter 680-23, Florida Administrative Code. PASSED and ADOPTED this ___ day of __________ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Jorge Exposito) Underline denotes additions Strike through denotes deletions F:\ATTO\TURN\ORDINANC\No Wake Zones-2012.docx 5 361 MATTI HERRERA BOWER MAYOR APPROVED AS TO FORM & LANGUAGE FOSj~C(l~~ .7 ~~ .... w 0') f\) LEGEND IDLE SPEED, NO WAKE ZONE SLOW SPEED, MINIMUM WAKE ZONE ""'""c•••u•" to Sec. 66-43 ~~~ ; >:; '~" ., THIS PAGE INTENTIONALLY LEFT BLANK 363 R7 RESOLUTIONS R7-Resolutions R7 A A Resolution [Granting Or Denying] An Appeal Request 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. 5:01 p.m. Public Hearing (Planning Department) (Memorandum & Resolution to be Submitted in Supplemental) 365 Agenda Item K fJ A Date 2::13--13 THIS PAGE INTENTIONALLY LEFT BLANK 366 COMMISSION ITEM SUMMARY Condensed Title: A Re:so!ution Of The Mayor Ancl City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execut1.~ A Guaranteed Maximum Price (GMP) Amendment No.1, To The Pre-Construction Services Agreement With Thornton Construction Company, Inc., For The Construction Of The 61h Street Restrooms !n The Amount Of $614,322; 53'd Street Restrooms And Ocean Rescue Building In The Amount Of $586,171; And The Provision Of A Temporary Office Trailer For Ocean Rescue In The Amount Of $24.704, For A Subtotal Of $1,225,197, Plus An Owner's Contingency In The Amount Of $110,268, For A Grand Total Of $1 ,335,465; With Previously Appropriated Funding In The Amount Of $568,439 From SP Post ROA COT and Municipal Resort Tax Fund 388, $101,172 from SB Quality of Life Resort Tax Fund 305, And From Ca ital Pro'ects Not Financed B Bonds Fund 301. safety and appearance of building structures and sites; ensure quali 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 1.758 SF facility; and the demolition of the existing restroom facility and Ocean Rescue office located at 53rd Street and Collins Avenue, and construction of a new 864 SF restroom facility and 546 SF office building 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 firm, Thornton Construction Company, Inc. (Thornton); and further authorizing the Mayor and City Clerk to execute an Agreement for Pre-Construction Services. Upon completion of pre-construction services and following negotiations, 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 & Ocean Rescue Office), 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 over 90 competitive bids from sub- contractors in order to reach the best possible GMP. 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. Atkins' estimated construction cost for the 6th Street Restrooms was $663,500, and $605,600 for 53rd Street Restrooms & Ocean Rescue Office, for a total of $1,231,200 for both projects (excluding the cost associated with the Ocean Rescue trailer and the owner's contingency), which is $30,707 higher than the contractor's proposed contract value. The Administration is of the opinion that the final GMP is competitive, fair and a reasonable price for the construction of the 6th Street Restrooms and 53rd Street Restrooms & Ocean Rescue Facility Projects, and falls well within competitive prices oftoday's markets given the lack of economies of scale, site logistics and amenities added for better maintenance and durability. THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS RESOLUTION. Account 2680-069357 SP Post ROA CDT & Mun. Resort Tax 2680-000356 SP Post ROA COT & Mun. Resort Tax 2680-069357 SB Quality of Life Resort Tax Fund 679-069357 Cap. Projects Not Financed by Bonds 9-000356 Cap. Projects Not Financed by Bonds AGENDA ITEM 367 DATE __::::...___:...\e._~::_ (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager /4d March 13, 2013 / ~ SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NO. 1, TO THE PRE-CONSTRUCTION SERVICES AGREEMENT WITH THORNTON CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF THE 6TH STREET RESTROOM$ IN THE AMOUNT OF $614,322; 53RD STREET RESTROOM$ AND OCEAN RESCUE BUILDING IN THE AMOUNT OF $586,171; AND THE PROVISION OF A TEMPORARY OFFICE TRAILER FOR OCEAN RESCUE IN THE AMOUNT OF $24,704, FOR A SUBTOTAL PROJECT COST IN THE AMOUNT OF $1,225,197, PLUS AN OWNER'S PROJECT CONTINGENCY OF $110,268, FOR A GRAND 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 quality, 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: I ~~~~~~ ~ "~~"~~~~~~,~~~''''"'"''"'"''"'"'''-~'-~'~'~~'~'~'~,,~~''''"~ ! 53r Street Restrooms & Ocean Rescue Building (~i!ll~own~r~ont~,!!,9!ncy}~-,~~, --+~ , Ca J!?IE~Ql~ct~not Fi~Qg~gt:>y Bonc:j~~~~Qc:j~~Lj§~5L@§,4! BACKGROUND In November 2000, the Administration initiated an effort to replace the deteriorated facilities at various beachfront locations with new standardized facilities. Over the last few years, new restroom facilities have been constructed at 141h, 21 5\ 35th, 46th and 64th Streets. New restroom facilities are also currently being finalized at 72nd Street as part of the Oceanfront Community Center Project. The restroom facilities located at 6th and 53rd Streets, the last two remaining of this effort, are outdated, have extended their useful life, and not adequate to serve the large number of users. 368 Commission Memorandum -61h and 53'd Street Restrooms I Ocean Rescue Facility -GMP March 13, 2013 Page 2 ofB The scope of work for both facilities is as follows: 6th Street Restrooms: The scope of work for this project consists of the demolition of the existing restrooms located at Lummus Park at 599 Ocean Drive, and the construction of a new 1, 758 SF facility with a total of twenty-five (25) plumbing fixtures, concrete walkways, and landscape. The total sitework area is approximately 14,000SF. 53rd Street Restrooms & Ocean Rescue Building: The scope of work for this project consists of the demolition of the existing restroom facility and Ocean Rescue office, located at 53rd Street and Collins Avenue, and construction of a new 864 SF restroom facility with a total of twenty (20) plumbing fixtures, and a separate 546 SF building facility for Ocean Rescue Dept., which includes two bathrooms with a total of six (6) plumbing fixtures. The scope of work also includes concrete walkways connecting the parking lot to the entrances of the buildings, as well as to the beach, existing playground and outdoor fitness circuit, as well as landscape. The total sitework area is approximately 8,700SF. Furthermore, since Ocean Rescue Dept. currently occupies a room inside the existing facility, included in the scope of work is the provision of a temporary office trailer that will house the department during the construction period. COST ANALYSIS The construction cost for each facility, as submitted by Thornton, is broken down by individual buildings and sitework, and on a cost per SF basis as follows: strooms Facility Site work Total Cost for 6th Street Location 53rd Street Restrooms Facility Ocean Rescue Facility Sitework btotal Temporary Trailer for Ocean Re Total Cost for 53rd Street Locati Total Project Cost $ 110,268 $ 1,335,464 According RS Means Construction Data, the national construction cost/SF range for a standard commercial building is $125-$163/SF. The average cost/SF for Miami Beach is approximately $133/SF (refer to Attachment A). However, the bathroom component within a building is 369 Commission Memorandum -61h and 53'd Street Restrooms I Ocean Rescue Facility -GMP March 13, 2013 Page 3 ofB typically the most expensive component, due to the high concentration of building systems (mechanical/electrical/plumbing) in a small space. In the case of a restroom building, the higher cost per square foot of the restroom component is not offset by lower cost spaces (living/bedroom/office) as it would otherwise be in a residential/commercial space, therefore the average square footage is respectively higher. See below for a diagram showing the high concentration of plumbing fixtures at 6th Street Restrooms (25 total) versus a typical 3bed/2bath home (7 total): ~.4&"'.E~ ~~""1G':i,_ '« £? e~·~r "2'<b•. l '!\ :::xt,~..,..} ~-ffi . '· Furthermore, due to the lack of mass-production (economy of scale), the cost per SF for a restroom facility varies greatly depending on building square footage. As demonstrated in the graph below, the average cost/sf of various restroom facilities built since 2006 range between $268 and $385. The trend below illustrates that the higher the total square footage the lower the cost per square foot: 500 450 400 LL. V) .... 350 cu a. +I Ill 0 u 300 250 200 675 750 1,400 1,680 Facility Size (SF) 370 Commission Memorandum -61h and 5:fd Street Restrooms I Ocean Rescue Facility -GMP March 13, 2013 Page 4 ofB h Data Location/Facility . pie Betham Restroom (Kendall FL) Harris Field Restroom Facility (Homestead, Fl.) The following table provides a breakdown of the incremental cost/sf for 53rd Street Restrooms, as an example, starting from an initial benchmark cost/sf of $134 for a standard commercial (refer to Attachment B for cost/sf comparison between a sample standard project in Doral, FL, provided by Atkins, and 53rd Street Restrooms). SCOPE OF. WORK · COST/ SF 1. Construction cost of a standard structure(1l $134 2. Added cost for project specific items: a) Demolition I Asbestos Abatement I Lead Removal !1l $17 b) Concrete & Masonry I Roofing I Doors & Windows/Woods & Plastics(11 =r $68 c cialties I Mechanical I Plu · 1 Electrical(tl $88 Sub Total for item 2: I $173 g $307 Footnotes: (1) Includes General Conditions, Overhead & Profit, Bond & Insurance As clearly indicated above, the cost/sf associated with better finishes and the v-shaped & curved roofs are negligible when compared to the added cost/sf for the fact that these are mainly restroom facilities which have a high concentration of building systems. SITEWORK ANALYSIS SCOPE OF WORK S3RD ST • Rest. S3RD ST • OR soil $2,450 $2,450 $9,669 $9,669 $5,515 $1,0 $2,166 $ $8,670 $2 Shrubs/ground cover $2,392 $2,392 Mulch $945 $945 $1,890 371 Commission Memorandum -61h and S:td Street Restrooms I Ocean Rescue Facility -GMP March 13, 2013 Page 5 ofB SITEWORK ANALYSIS CONTINUED Sod/seeding (including topsoil) $3,1 · n system (including I rnni"roller/lineS/VaCCUm breaker) walkways I plaza 4 Footnotes for table above: 1. Requested by PWD during plan reviews; existing lines not adequate 2. Existing service is not adequate to support the new electrical loads of new acilities 3. For Ocean Rescue Building only $68 $3,438 $25,524 $12,153 $841 4. This number represents the total cost for the hardscape component of the project. The ADA code requires a solid surface & accessible path to the entrances of the facilities, as well as to the adjacent sidewalks & walkways (per Chapter 11, Section 206 of the 2010 Florida Building Code). 5. Includes erosion control, surveyor layout and asbuilt, permit fees, sidewalk /curb & gutter demolition 6. Includes Project staff (contractors superintendent, project manager and project coordinator), equipment&. 1 su lies, and direct costs for transportation/parking expenses (no on-site parking available) 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 (included as Attachment C). Atkins' estimated construction cost for the 61h Street Restrooms was $625,523, and $605,569 for 53rd Street Restrooms & Ocean Rescue Office, for a total of $1,231,092 for both projects, which is approximately $30,600 higher than the Thornton's GMP (excluding the cost associated with the Ocean Rescue trailer and the owner's contingency). GUARANTEED MAXIMUM PRICE On July 13, 2011, the City Commission approved the issuance of an RFQ for a Construction Manager at Risk Firm to Provide Pre-Construction Services and Construction Phase Services via a Guaranteed Maximum Price (GMP) Amendment for the 6th Street and 53rd Street Restroom/Ocean Rescue Building Projects. RFQ No. 40-10/11 was issued on July 18th, 2011. 372 Commission Memorandum -6th and 53'd Street Restrooms I Ocean Rescue Facility -GMP March 13, 2013 Page 6 ofB On October 19th, 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 53rd Street Restrooms Project; and authorizing the administration to enter into negotiations with the top-ranked firm, Thornton Construction Company, Inc. (Thornton); and further authorizing the Mayor and City Clerk to execute an Agreement for Pre-Construction Services. The Agreement for Pre-Construction Services was executed on January 13th, 2012, in the amount of $23,000. As part of the Pre-Construction Services, Thornton evaluated the project documents for inconsistencies, errors & omissions between the various design disciplines, and constructability of the project, and revisions to the documents were made accordingly. 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}. On April 28, 2012, Thornton submitted the first draft of the GMP proposal for review by the City and C3TS. Following negotiations, a total reduction of approximately $50,000 was negotiated in order to reach the final GMP in the amount of $1,225,196. It is important to note that Thornton obtained over ninety (90) competitive bids from local sub- contractors in order to reach the best possible GMP. The project cost breakdown per discipline for each of the projects are included as Attachments D & E. RECOMMENDATION: On January 16, 2013, the City Commission expressed concerns regarding the project cost and referred the item for further discussion to the Land Use and Development Committee. The Project was presented in great detail by the Project Team to the Committee on January 23, 2013, and although a formal recommendation was not made, the Committee expressed a comfort level with the methodology applied for the derivation of the numbers following the detailed presentations provided by the Architect (C3TS), Contractor (Thornton) and Cost Estimate Consultant (Atkins). The motion was made to refer the item to the full Commission without recommendation. The information presented to the Committee is included as Attachment F. The Administration is of the opinion that the final GMP is competitive, fair and a reasonable price for the construction of the 6th Street Restrooms and 53rd Street Restrooms & Ocean Rescue Facility Projects, and falls well within competitive prices of today's markets given the lack of economies of scale, site logistics and amenities added for better maintenance and durability. If desired, while not recommended due to maintenance requirements, the Commission may consider the following options in order to reduce the total cost of the project: 373 Commission Memorandum -61h and 53'd Street Restrooms I Ocean Rescue Facility-GMP March 13, 2013 Page 7 ofB ··ltemsthat·may be··· removed for cost · reduction but .are .. not ..... . recommended due to ·maintenance re uirements Sealed concrete in lieu of 6th St $10,694 17,978 $3,294 53rd St 53rd St OR $5,578 $5,621 TOTAL . COST .. NOTES Requires more maintenance, less durable tch or graffitti In addition to the above, the Commission may consider the items listed below, which will require a new HPB approval, and presentation to the Board, as well as permit revisions: ITEMS THAT WILL REQUIRE NEW .HPB APPROVAL Footnotes: 6thSt 53rd St 53rd St OR ·TOTAL COST 1. In order to maintain the minimum level of accessible paths to the entrances of the facilities as well as to the adjacent existing walkways, as required by the Florida Accessibility Code, only approximately 15% of the total hardscape area can be eliminated at 53rd Street. At 6th Street, there are only walkways leading up to, and around the building. 2. Even though the elimination of the concrete plaza is a viable option, when taking into consideration the additional costs incurred for redesign, and additional time for due diligence to resubmit to HPB, the elimination of the plaza represents an insignificant impact to the overall project cost. It is important to note that these facilities serve prominent public beaches and recreation areas that are an integral part of the City's tourism attractions. Both are also located in highly prominent oceanfront historic districts. The 6th Street restroom is located in Lummus Park, in the City's pre-eminent Ocean Drive/Collins Avenue Historic District, and the 53rd Street facility is located in the most recently designated Morris Lapidus I Mid 20th Century Historic District. Consequently, the Historic Preservation Board requires a higher standard of design and finishes that are appropriate for these prominent oceanfront historic locations. The architect worked closely with the Planning Department staff and the Historic Preservation Board in order to reach an appropriate and acceptable tourism design standard that is also compatible with the character of the historic districts, while maintaining the functional standards of previously approved prototype designs for other beachfront restroom locations. The HPB Final Orders are included as Attachment G. Upon City Commission's approval of the GMP, and as contemplated in any GMP Amendment(s), Thornton will deliver all of the Construction Services required to complete the 374 Commission Memorandum -61 h and 53'd Street Restrooms I Ocean Rescue Facility-GMP March 13, 2013 Page 8 ofB 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 6th and 53rd Street Restrooms Project is as follows: • Commission GMP Awarded: March 13, 2013 • Notice to Proceed Number One: May 2013 • Notice to Proceed Number Two: June 2013 • Construction Start: June 2013 • Construction Completion: December 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 the construction of the 6th Street Restrooms in the amount of $614,322; 53rd Street Restrooms and Ocean Rescue Building in the amount of $586,171, plus an allowance for the provision of a temporary office trailer for Ocean Rescue in the amount of $24,704, for a sub-total of $1,225,197, plus an owner's contingency in the amount of $110,268, for a grand 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. KGB\JGG\FV\DM Attachments: A-Average construction costs per square foot (source: RS Means) adjusted for local factor B-CosUsf comparison of standard commercial building versus 53rd Street Restrooms I Standard commercial building example provided by Atkins of North America. C-Atkins' Independent Cost Estimate Summary & Independent Cost Estimate Methodology D-6111 Street Restrooms-Thornton's Project Breakdown E-53rd Street Restrooms and Oc\'lan Rescue Office ·Thornton's Project Breakdown F-Land Use and Development Committee presentation material G-HPB Final Orders H-61h Street Restrooms-Site Plan & Elevations 1-53rd Street Restrooms & Ocean Rescue Office-Site Plan & Elevations T:\AGENDA\2013\March 13\6th St Rest & 53rd Rest and OR office\6th and 53rd St Restrooms -Thornton -GMP Amendment 1 - MEMO -Rev9.docx 375 To: From: Date: I MEMORANDUM Ms. Thais Vieira, RA ~ Juan Alfonso, Associate Vice President February 27, 2013 ATTACHMENT A Atkins North America, Inc. 2001 Northwest 1 07th Avenue Miami, Florida 33172-2507 Telephone: + 1.305.592. 7275 www.atkinsglobal.com/northamerica Reference: Square foot cost analysis for a standard facility (Low Rise Office/Primary School Facility) in Miami Beach, Florida. Dear Thais: A reasonable range of square foot costs for a standard facility, categorized as an office space or primary educational space, could be between $125-$163/SF. Atkins' assessment is documented as follows: Range of square foot costs based on RS Means Facilities Construction, national data (Publication year: 2012-2ih Edition): o $125 • $163/Sf (Refer to Attachment). o National Average Square Foot Cost of referenced facilities: $144/Sf Local factor analysis -City cost index based on RS Means Facilities Construction (Publication year: 2012-27th Edition)-Miami, Florida index: o Materiallndex: o Installation Index: o Miami Fl.-Total city cost index: o Miami Beach Index (Coastal Construction factor-2-3%): 99.6% 76.7% 89.6% 92.6% Square foot cost adjustment based on national average and adjusted index: Formula: Index for City x National Average Cost = Local Cost 100 therefore, 92.6% x $144/SF = $133.34/SF (stand. facility in Miami Beach Fl.) 100.00 I Thank you for the opportunity to provide the City of Miami Beach with our services Please do not hesitate to contact me with any questions or comments at (305) 514-3211. ** END OF MEMORANDUM ** 376 air conditioning 11.25 1456 377 1458 378 STANDARD COMMERCIAL BUILDING VERSUS 53Ro STREET RESTROOMS & OCEAN RESCUE FACILITIES Note: The "standard commercial building" used in this example is a 67,000 Charter School, built in Doral, FL. Information provided by cost estimator consultant-Atkins of North America. See 2 below 1. Demolition I Asbestos Abatement I Lead Removal: costs associated with these items are typically outside of the basic cost of construction included in the $125-$163 range for a house or simple commercial building. 2. Concrete I Masonry: These buildings have a high cost of concrete and concrete masonry unit (CMU) to area ratio. Due to the relative small size of these buildings, and the fact that the interior partitions are made of CMU as opposed to light gauge metal framing/drywall, the cost of CMU on a per square foot basis is much higher than it would otherwise be on a house or a commercial building, where the interior walls would be made of light gauge metal framing/drywall. Furthermore, both structures have a concrete roof, which is recommended for this type of facility in a coastal environment. The example provided above has a wood-framed roof. 3. Doors & Windows: High concentration of fenestrations per square foot area: 53rd Street has a total of 4 impact resistant exterior doors, 7 interior doors, 12 round ventilation louvers and 8 round windows (31 units total). The house depicted in the diagram on page 4 for example, has 2 exterior doors, 8 windows, and 11 interior doors (21 units total). 379 4. Finishes: High concentration of tile, which is not offset by living spaces (since it includes walls, whereas a house would include wall tiles only in the bathroom component). Higher durability I lifecycle factor of specified finishes. The high traffic, coastal environment, and the goal to reduce maintenance & replacement costs were taken into consideration when selecting the finishes for these projects. 5. Specialties: This section includes all restroom accessories such as hand dryers, toilet paper dispensers, soap dispensers, mirrors, grab bars, ADA shower seats, waste receptacles, changing tables, toilet partitions, fire extinguishers and signage. A house does not require all of these items, and a simple commercial building, due to the smaller size of the restroom component would require a much lower number of these items. Furthermore, the items currently specified are corrosion and vandal-resistant; the toilet partitions are scratch and graffiti resistant. 6. Mechanical/Plumbing: high plumbing fixture count to area ratio (high number of plumbing fixtures relative to the size of the building): plumbing is one of the major cost drivers of the project due to the high concentration of fixtures in a relatively small area. A 1 ,500SF house for example, might have 7 plumbing fixtures (1 per 214 SF) whereas 53rd Street Restrooms & Ocean Rescue facilities have a total of 26 plumbing fixtures in a total 1,41 OSF (1 per 88SF). The higher cost per square foot of the restroom component is not offset by standard, lower cost spaces (living/bedroom/office) as it would be when compared to a residential/standard commercial space. 7. Electrical: High concentration of fixtures and associated conduits/wiring per square foot of area. 53rd St has a total of 9 exterior wall sconces and 33 interior light fixtures ( 15 for Ocean Rescue building and 18 for restrooms building). Furthermore, the cost includes individual electrical panels for each of the buildings (3 total), exit signs, emergency ballasts, convenience outlets, and wiring for hand dryers. 8. Mark-ups: General Conditions: This includes costs associated with project personnel, office supplies, parking expenses, drawing reproductions, courier, construction trailer, etc. Since the majority of the cost is in project personnel (project manager I superintendent) the larger the project, the smaller the percentage of overall project cost. The stamdard commercial facility example provided is at 10% of overall project cost, however it is a much larger project-67,000SF. The total square footage of the facilities at 53rd Street is 1 ,41 0, and the percentage of overall project cost for General Conditions is 13%. Overhead & Profit I Bond & Insurance: Typically a percentage of overall project cost. In the standard facility example provided above the percentage is 8.5%, while for 53rd Street is at 9.1 %. 380 ATTACHMENT C St. andCoifhs fii!W I --::::::;-- City of Miami St. & Collins and & Drive New Restroom facilities 100% Construction Summary -6th Drive December 11, 2012 '"' ~ ~ "'* %_~ ~ ~ ~ '' ,, »' ', '' ,, ': "'', ' ., ~ ' 01 Genera! Conditions $ 66,896 02 General Requirements s 3,000 03 Demolition/Asbestos Abatement $ 11,060 03a Maintenaoce OfTraffic (MOT) $ 8,951 04 Sitework $ 56,549 05 Site Furnishings $ 1,000 06 landscaping & Irrigation $ 22,148 07 Concrete (lncld. Masonry & Metals) $ 120,389 08 lightweight Insulated Concrete N/A 09 Misc. Carpentry s 1,500 10 Cabinetry N/A 11 Roofing s 33,189 12 W.P. & Caulking $ 4,639 13 Frames, Hardware $ 16,038 14 Storefront/Glazing $ 21,939 15 Stucco/Skim Coat Plaster $ 17,738 16 Drywall N/A 16a Wall Finishes (Tile, limestone Cladding, Misc.) N/A 17 Acoustical Ceiling N/A 18 Flooring (Stone/Tile) $ 31,406 19 Epoxy Flooring s 13,230 20 Painting/VWC $ 13,644 2.1 louvers $ 5,010 22 Specialties $ 22,390 23 Plumbing s 55,497 24 HVAC $ 8,300 25 Electrical $ 36,743 Subtotal Construction Costs $ 571,253 Overhead & Profit 6.5% $ 37,131 Bonds & Insurance 3% $ 17,138 TOTAL Construction Costs $ 625,523 "', '' jj '<' ,, ',' ,.,"' $ ' '' '' ' 5ee Deductive Alternates next page 381 m1 ch & Collins and 6th & n Drive New Restroom 100% Summary ~ 53rd Documents Esti Collins Ave. 01 General Conditions 02 General Requirements 03 Demolition/ A5bestos Abatement 03a Maintenance OfTraff1c (MOT) 04 Sitework OS 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 382 Sr 6.5% 3% December 11, 2012 - $ $ $ s $ $ $ $ $ $ $ s s $ $ $ $ $ s $ $ s $ $ $ $ $ s $ ,, ~""' \d 59,254 3,500 24,200 12,449 85,739 N/A 16,300 99,185 3,428 7,140 3,2.00 14,265 3,695 18,560 4,328 17,531 7,068 N/A 699 19,282 5,490 2,619 8,818 26,775 52,586 11,375 45,546 553,031 35,947 16,591 605,569 S:?e O::>ductM:: Alternates next pa,;e Fauftrl,., 1\''"1''17 , '' ] : >;>_ I CD en rn ..Q rn ...... C\l 0 (l,) ::::') ......... en (l,) ~ en en 0... w C\l . . . . ,..... C\l Cf) c.o "'" ,..... 383 ATTACHMENTD --~'THORNTON Project Name: City of Miami Beach-6th St Restroom Date:March 13, 2013 PROJECT BREAKDOWN BUILDING TRADES 6TH ST GENERAL CONDITIONS $ 58,284 DEMOLITION I ASBESTOS ABATEMENT $ 11,515 CONCRETE $ 108,388 LIGHT WEIGHT INSULATED CONCRETE N/A MISC. CARPENTRY $ 6,237 CABINETRY N/A ROOFING $ 16,533 W.P. & CAULKING $ 1,200 DOORS, FRAMES, HOW. $ 10,575 STOREFRONT/GLAZING $ 13,280 STUCCO I SKIM GOAT PLASTER $ 18,780 DRYWALL NIA ACOUSTICAL CEILING NIA FLOORING (STONE/TILE) $ 53,302 EPOXY FLOORING $ 15,066 PAINTING!VWC $ 7,086 LOUVERS $ 4,681 SPECIAL TIES $ 19,131 PLUMBING $ 41,000 HVAC $ 6,300 ELECTRICAL $ 38,402 BUILDING TRADES SUBTOTAL $ 429,760 G.C. FEE@ 7.0% $ 30,083 PAYMENT & PERFORMANCE BOND@ 1.5% $ 6,446 GENERAL LIABILITY INSURANCE 1.3% $ 5,372 GUARANTEE MAXIMUM PRICE BUILDINGS $ 471,661 I SITEWORK TRADES 6TH ST GENERAL CONDITIONS $ 24,979 GENERAL REQUIREMENTS $ 15,035 SITEWORK $ 51,023 SITE FURNISHINGS $ 841 LANDSCAPING & IRRIGATION $ 35,587 ELECTRICAL $ 2,522 SITE WORK TRADES SUBTOTAL $ 129,967 G.C. FEE@ 7.0% $ 9,099 PAYMENT & PERFORMANCE BOND@ 1.5% $ 1,950 GENERAL LIABILITY INSURANCE 1.3% $ 1,625 GUARANTEE MAXIMUM PRICE SITE WORK $ 142,661 I GUARANTEE MAXIMUM PRICE TOTAL $ 614,3221 OWNER ALLOWANCES 6TH ST OWNER'S CONTINGENCY OF APPROX. 9% $ 55,289 Page 1 ol1 384 Project Name: City of Miami Beach • 53rd Street Restrooms Date: March 13,2013 BUILDING TRADES GENERAL CONDITIONS DEMOLITION I ASBESTOS ABATEMENT CONCRETE LIGHT WEIGHT INSULATED CONCRETE MISC. CARPENTRY CABINETRY ROOFING W.P, & CAULKING DOORS, FRAMES, HOW, STOREFRONT/GLAZING STUCCO I SKIM COAT PLASTER DRYWALL ACOUSTICAL CEILING FLOORING (STONE/TILE) EPOXY FLOORING PAINTINGNWC LOUVERS SPECIAL TIES PLUMBING HVAC ELECTRICAL BUILDING TRADES SUBTOTAL G.C, FEE@ PAYMENT & PERFORMANCE BOND@ GENERAL LIABILITY INSURANCE GUARANTEE MAXIMUM PRICE BUILDINGS SITEWORK TRADES GENERAL CONDITIONS GENERAL REQUIREMENTS SITEWORK SITE FURNISHINGS LANDSCAPING & IRRIGATION ELECTRICAL SITE WORK TRADES SUBTOTAL G.C, FEE@ PAYMENT & PERFORMANCE BOND@ GENERAL LIABILITY INSURANCE GUARANTEE MAXIMUM PRICE SITE WORK GUARANTEE MAXIMUM PRICE TOTAl... OWNER'S CONTINGENCY OF APPROX. 9% PROJECT BREAKDOWN 385 s $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ATTACIIMENT E._ 53RD ST RR 53RD ST OR 53RD ST 34,272 $ 11,480 $ 48,203 s $ 3,657 $ 1,235 $ 7,951 $ 858 $ 4,500 $ $ 10,698 $ $ $ 14,933 $ 7,418 $ 3,203 $ 7,917 $ 16,016 $ 23,633 $ 7,843 $ 31,603 $ 235,421 $ ~272.48/SF 16,940 $ 3,630 $ 3,025 $ 53RD ST RR 14,688 $ 9,213 $ 30,957 $ 841 $ 7,769 $ 6,598 $ 70,066 $ 5,969 $ 1,279 $ 1,066 $ 7$;381 $ 331.397 $ -$ 33,689 $ 21,658 $ 55,930 $ 11,480 30,462 $ 78,665 4,900 $ 4,900 4,793 $ 8,450 $ 1,235 7,051 $ 15,002 542 $ 1,400 9,000 $ 13,500 3,800 $ 3,800 8,753 $ 19,450 9,060 $ 9,060 620 $ 620 16,772 $ 31,705 $ 7,418 2,768 $ 5,971 188 $ 8,105 2,400 $ 18,416 11,817 $ 35,450 4,957 $ 12,800 19,972 $ 51,575 159,511 $ 394,932 m292.14/~F ~2B0.091~F 10,705 $ 2,294 $ 1,912 $ 53RD OR 9,282 $ 5,822 $ 30,957 $ $ 7,769 $ 15,268 $ 69,098 $ 3,772 $ 808 $ 674 $ 74,352 $ 248,774 $ 24,704 21,290 $ 27,645 5,924 4,937 53RD ST 23,970 15,035 61,914 841 15,538 21,867 139,164 9,742 2,087 1,740 152,7331 sas,no I w 00 0) Sth Street and 53rd Street Restroom~ -Estimating !actors consfaerea: 1. CM at 2. 3. 5. 6. 7. 8. 9. H h Du High High nment ( ian Ele n I r u 1s n1gh r wnen it ( I ·•c;~· Ll .. • J ! ,,.,.,....._, M···--I -: ....... •-1... ~ v,. .;,.-.'.,.. ·---... -·'~ .. w 00 ....... a 0 n D • • TOTAL Cost Estimate (Rounded): .. .. Square Foot Analysis (Restroom Bldg.) $401,649 $169,604 $ 54,270 $625,523 • General Analysis (Building Direct Costs!GSF-1, 759 S. F.): $228/SF • CSI Analysis (Cost Driving Factors): -Electrical • Significant amount fixtures and associated conduit and wiring for fixtures, elect. serv, panels and FA -Mechanical/Plumbing • High fixture to SF ratio which is typical for public restroom projects/Associated Piping Structural • Angled Concrete Roof Slab, high CMU to SF Due to RR interior partitions bei $21/SF $36/SF w 00 00 Ill Independent Cost Estimate Analysis Atkins' Independent Cost Estimate: • Cost Estimate Direct Costs (Buildings): (Sitework/GC's): Mark-ups (O&P, 8&1): • TOTAL Cost Estimate: Square Foot Analysis (Restroom + Ocean Rescue Bldg's) $351,589 $201,442 $ 52,538 $605,569 • General Analysis (Building Direct Costs!GSF-1,389 S.F.): $253/SF • CSI Analysis (Cost Driving Factors): Electrical $33/SF • Significant amount fixtures and associated conduit and wiring for fixtures, elect. serv, panels and FA -Mechanical/Plumbing $46/SF • High fixture to SF ratio which is typical for public restroom projects/Associated Piping, AC System Structural • Undulated Cone. Roof Slab, high CMU to SF ratio Due to RR interior partitions being ATTACHMENT 6 CEIITJFIC~TIDN HISTORIC PRESERVATION BOARD City of Miami Beach, Florida THIS IS TO camFY.T:HATTHE ATTACJiD DOCUMENT IS A 1'1\!lE ANO ACCURATE COPY OF Til OlllGIIW. ON MEETING DATE: April12, 2011 FILE NO: PROPERTY: LEGAL: IN RE: 7243 599 Ocean Drive -Public Restrooms 34-53-42 3-54-42 20.AC STRIP OF LAND LYING BETWEEN OCEAN DRIVE & ATLANTIC OCEAN AKA LUMMUS PARK The Application for a Certificate of Appropriateness for the demolition of the existing restroom facilities and the construction of a new single story restroom facility. 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 Preservation 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 existing structure is not classified in the Miami Beach Historic Properties Database and the subject site is located within the Ocean Drive I Collins Avenue Local Historic District and National Register Architectural District. B. 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 Certificate of Appropriateness Criteria in Section 118-564(a)(1) of the Miami Beach Code, is consistent with Certificate of Appropriateness Criteria in Section 118-564(a)(2) of the Miami Beach Code, is consistent with Certificate of Appropriateness Criteria 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: 1. Revised elevation, site plan and floor plan drawings shall be submitted to and approved ~,, ·~ by stafCafa .. mfnimuni~ such draWings shall Incorporate the following: ..... ~~ . •. . a. A high quality, smooth textured surface shall be required, subject to the review odlrtA and approval of staff. ~\ 389 Page 2 of 5 HPB File No. 7243 Meeting Date: April 12, 2011 ~~~·~~~~~~~~~~~~~~~·- b. The proposed mesh screening on the center portion of the east and west elevations shall be replaced with an alternate, high quality durable material, in a manner to be reviewed and approved by staff. c. The splayed roof overhang shall be increased by a minimum of 2'-0" along the north and south elevations in order to provide increased shelter/shade for the benches below, subject to the review and approval of staff. d. The roof overhang of the east elevation shall be extended an additional five feet for increased coverage of the restroom entrances, subject to the review and approval of staff. e. The chevron patterning proposed for the windows shall be eliminated; a simple frosted glazing shall be utilized, as indicated in the north and south elevations of the architectural drawings, in a manner to be reviewed and approved by staff. f. The final design and details of the proposed signage shall be provided, in a manner to be reviewed and approved by staff. g. The final design and details of the proposed interior and exterior finishes shall be provided, subject to the review and approval of staff. h. Any proposed roll down security housing and tracks shall be completely visually concealed from the building's exterior, in a manner to be reviewed and approved by staff, or shall otherwise not be permitted. i. Bicycle parking shall be provided on a revised site and floor plan, subject to the review and approval of staff. j. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required. k. 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. I. 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. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be ~::learly~9-~lif1eateq a~ncl !?l,J_I::lj~c! tQih_~vie"Y__aQ_d_ap_pJQY.__ai.Qf~!?taff .. 6l._§lJQiQii'T}l:Jfl11 _sych _ plan shall incorporate the following: 390 Page 3 of 5 HPB File No. 7243 Meeting Date: April 12, 2011 a. 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. 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 backflow preventors and all 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 shall be subject to the review and approval of staff. d. 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 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 c9rflpetent 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. 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 appilcable law, nor ~ _ ~~~-i?:UoY!s~~!E?~lC~!lPn~of aJiJIJ:f:91:l!r~rnli!~~2I ~~ang§mt~~;fq!Jb inJhe ~911Y Cq9~~~-----,,,-~-,~ 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 391 12, 2011 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 "6th Street and Ocean Drive New Restroom Facilities", as prepared by C3TS Architects, Engineers, Planners, dated 2-25-11. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Soard, modified in accordance with the conditions set forth in this Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including final zoning approvaL lf 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 date at which the original Certificate of Appropriateness was granted, the Certificate of Appropriateness will expire and become null and void. lf 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 Bullding 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 land 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 ...:.;;.~_,2oJl. 392 STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) instrument was acknowledged before me this /9 day of ..._ _____ 20JL by Thomas R. Mooney, Design and Preservation Manager, Planning epartment, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. He is personally known to me. ~~ NOTARY PUBLIC Miami-Dade County, Florida L ">;; My commission expires: '3 (Zf?~l'/ Approved As To Form; Legal Department: ---.,t~ ____ ( .t{...-f f-.J-ol/ ) Filed with the Clerk of the Historic Preservation Board on _.....;:~;.,..j;_/;..:."'.J.V_"Z-_tJ_/.l..( __ ( F:\PLAN\$HPB\11 HPBIAprHPB11\7243-APR2011.FO.docx 393 HISTORIC PRESERVATION BOARD City of Miami Beach, Florida CERTIFICATION MEETING DATE: FILE NO: PROPERTY: LEGAL: IN RE: January 11, 2011 7225 THIS IS TO CERTIFY THAT THE ATI ACHED DOCUMENT IS A TRUE AND ACCURA ~E CJPv OF THE ORIGIN~.L ON FILE IN THE QFFIC~ ;C: ..ANNING DEPARTMENT. ;a-Jl-\2- 5301 Collins Avenue-53rd Street Restrooms MARIA * MY COMMISSION # DO 928148 EX~: i'JMemoor 2, 2013 "e Bornled Thru Sud~t Notary Se!Vicee Lots 23 thru 25, "Amended Plat of First Ocean Front Subdivision of the Miami Beach Bay Shore Company", According to the Plat Thereof, as recorded in Plat Book 9 at Page 178, of the Public Records of Miami-Dade County, Florida. 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 Preservation 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. B. 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 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: 394 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 shall 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 visually concealed from the building'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 all 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 shall 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 plan, 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 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. 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. 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 backflow preventors and all 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 395 Page 3 of 4 HPB File 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 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 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 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. 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 far 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 "53rd Street Restroom Facility", 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, modified in accordance with the conditions set forth in this Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. 396 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 aU 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 date at which the original Certificate of Appropriateness was granted, the Certificate of Appropriateness will expire and become null 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 land 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 Appropriatenes,._,., Dated this ~ :.---day of -:f ~ 1\J V A~~'( , 2o_li_. STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) HISTORiC PRESERVAJ~PN BOARD THf~ITY OF [AMI Bt;f\.J {H, FL~~IDA [ f\ 1\ / BY: \ . ~\) \ :------ THO R M ONEY, AICP Y DESIGN AND PRESERVATION MANAGER FOR THE CHAIR The foregoing instrument was acknowledged before me this J Lf day of -L"'<-~"-~"'-1' 20Ji._ 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. ;?d~ NOTARY PUBLIC Miami-Dade County, Florida My commission expires: 1-2 ?'-?. ~It( Approved As To Form: Legal Department: --1- Filed with the Clerk of the Historic Preservation Board on 1-/C.(~ -r-o tr ( ;:2c F:\PLAN\$HPB\11 HPB\JanHPB11\7225-JAN2011 Jo.docx 397 w (Q 00 11 ;., 5' .., ! ~I ...-;; .o I ~, ti: t::~ &! Jl ~~ ci· '-'I ~~ L ______________ _ ' ' ! 6 Til S T R E E T ' --------; ,~---¥-----I I I I I I I Project Area: Site Cost: -Demolition of Existing Building D -Importing/Grading of New Soil 0 -New Water/Sewer Connection <::::::> -New Concrete Plaza c::> (9 I I I • \ iX·,!iN(, i::JiAI Hf,.l ' * ,,~\* * ~~ * r.. ... .· '* r ' * *** * :::x1s·r f)u\ZA l1f<f./\ * * * 13,986 SF II Bldg Features/Cost: $142,661 $471,661 ($268/SF) -Pollution Prevention Plan -New Electrical Service -New Restroom Building: 1, 758 SF -25 Plumbing Fixtures -2,950 SF of Surface Tile/Stone -New Switch Gear -32 Light Fixtures -Concrete Roof -Limestone cladding (HPB requirement) -Landscaping/Irrigation<::::-:> City of Miami Beach 6th Street Restroom Renovation • 'THHRHTO, } :c. 399 I u <( LU c:a r ' ~ • i.l I li I' /' ~ I !U 0 0 ( a: -Demolition of Existing -Asbestos Abatement -Lead Removal -New Connection -New Concrete Plaza " .--!'1: AF:i:·,.;.:, (<f ;·_,.I::: .• ii.\:~ "' " ~. { .'<.,' _, I I -, 1-'t .._~ 1 A· ,1 ;r, ·. ; ,...,v-~<' :-~~ n11 .:.·, rt ~ ~'=···:.::::.___;::, "~·-¥--:::.·-..... 1 -~-.---J .. _ _;_ .. -,---;;;.-.. . -......,.._ "-----.... _,..,....,.... -;· :-::.: '.,,~n;;,.. ............... .:;~"_::;•n-"--• ' •'•1' .. ,,_, ~-·/'..;'~~ ~~.,. •:-:::.::-;-::..-;-;;;::;:::-'",,--:::·...,.....,. ~' ·•, • • • Y'nm -........ Y?,U, ... ,,."'-"h -~ .. -~. _..,, _,..,_ /'' -~ nn ?'•' ~ _.v:,,~:..;__:::; n••-'HP :";"' ...... '?}'''''".-= -New Restroom Building: 864 SF -New lifeguard Station: 546 SF -Toilet Partitions -Pollution Prevention Plan -New Electrical Service -New Phone/Data -25 -Concrete Roof City of Miami Beach 53rd Street Restroom Renovation " i"? c -:r j,-, -;;-!~!·-1~\~ ' Unit for Lifeguard Station -Exhaust Fans -Switch Gear -33 light Fixtures -Fire Alarm F) -c.l ;.', ::::;: P: >--:! ;; n • 'THO TOTO! ~ rrJ z -l 401 ··~ - 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 STREET RESTROOMS IN THE AMOUNT OF $614,322; 53RD STREET RESTROOMS AND OCEAN RESCUE BUILDING IN THE AMOUNT OF $586,171, AND THE PROVISION OF A TEMPORARY OFFICE TRAILER FOR OCEAN RESCUE IN THE AMOUNT OF $24,704, FOR A SUBTOTAL PROJECT COST IN THE AMOUNT OF $1,225,197, PLUS AN OWNER'S PROJECT CONTINGENCY OF $110,268, FOR A GRAND 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, 758 SF facility; and demolition of the existing restroom facility and Ocean Rescue office, located at 53rd Street and Collins Avenue, and construction of a new 864 SF restroom facility and 546 SF office for the Ocean Rescue Department; and WHEREAS, on October 19, 2011, the Mayor and City Commission adopted Resolution No. 2011-27762, accepting the recommendation of the City Manager, pursuant to RFQ No. 40-10/11, and authorizing the Administration to enter into negotiations with the top- ranked firm, Thornton Construction Company, Inc. (Thornton); and further authorizing the Mayor and City Clerk to execute a Pre-Construction Services Agreement; and WHEREAS, the Pre-Construction Services Agreement was executed on January 13, 2012, in the amount of $23,000; and WHEREAS, the City Administration and Thornton have negotiated a GMP, in the amount of $1,225,197 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. 402 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 Street Restrooms in the amount of $614,322; 53rd Street Restrooms in the amount of $586,171; and the provision of a temporary office trailer for Ocean Rescue in the amount of $24,704, for a subtotal of $1 ,225,197, plus an owner's contingency in the amount of $110,268, for a grand 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 T:\AGENDA\2013\March 13\6th St Rest & 53rd Rest and OR office\6th and 53rd St Restrooms -Thornton -GMP Amendment 1-RESO.doc 403 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 404 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and the City Commission of the City of Miami Beach, Florida, approving and authorizing the Mayor and the City Clerk to execute Amendment No. 13, to the existing Professional Services Agreement between the City of Miami Beach and Chen Moore & Associates, Inc. (CMA), dated September 8, 2004 for the City Center Right of Way Neighborhood Improvement Project Bid Packages 9A and 9B in the negotiated, not to exceed amount of $147,044, to provide extended Construction Administration and Resident Project Representative Services to project completion for the City Center Neighborhood Improvement Right-of-Way Project Bid Packages 9A; with previously appropriated funding from the City Center RDA Fund 365. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's Infrastructure. Supporting Data {Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey 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%), and condition of roads (44%). Issue: I Shall the City Commission adopt the resolution? Item Summary/Recommendation: On September 8, 2004, the Mayor and City Commission adopted Resolution No. 2004-25678, approving and authorizing the Mayor and City Clerk to execute an Agreement with the firm of Chen Moore & Associates, Inc. (formally Chen & Associates), (CMA), to provide professional services for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way Neighborhood Improvement Project (the Project). The original contract provided only limited Project Closeout Services and no Resident Project Representative Services. On October 24, 2011, after the City performed its due diligence, M. Vila was terminated from the City Center 9A project due to failure to comply with notices of default associated with repeated non-compliance issues, delays, and other contract violations. The City is currently in litigation with M. Vila, who has claimed wrongful termination. The City intends to file a counterclaim against M. Vila to recover its associated damages caused by M. Vila's failure to properly and timely perform its work. Due to the termination of M. Vila, the City elected to contract with Metro Express, Inc. (MEl) and Envirowaste Services Group, Inc. (ENV) each under separate job order contracts (JOC) to complete the project. Due to extensions of time required beyond the last Amendment provided to CMA, the Consultant has had to perform additional extended construction administration and RPR services. The Project has experienced delays caused by the former contractor's failure to properly and timely perform its work, necessitating repairs and additional work to be performed on the Project. In order to move the Project forward, City staff was compelled to incur additional fees and expenses to investigate, inspect and repair work previously installed by M. Vila and complete the project. The funds required to bring the Consultant services to a current status and extend them to the projected substantial completion date of April30, 2013, is $145,044. Staff finds both the scope and negotiated fee to be reasonable and appropriate, and the hourly billing rates are within the current approved amount negotiated for all City consultants. The Administration recommends approval of the resolution. Advisory Board Recommendation: I N/A Financial In Source Account Funds 365-2616-061357 Cit Center Bid Pack A OBPI Asst Cit MIAMI BEACH 405 AGENDA ITEM ---..:..R.:-.']-=--(_-- DATE 3-13-(, MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager jfcJ'h J__ March 13, 2013 / DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 13, TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN MOORE & ASSOCIATES, INC. (CMA), DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT BID PACKAGES 9A AND 9B; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $145,044, PLUS AN ADDITIONAL AMOUNT OF $2,000 FOR APPROVED REIMBURSABLE EXPENSES, FOR A GRAND TOTAL OF $147,044; TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES TO PROJECT COMPLETION; WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE CITY CENTER RDA FUND 365. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING Funding for this Amendment has been previously appropriated in the City Center Bid Package A from the City Center RDA fund 365 in the amount of $147,044 in account 365-2616-061357. BACKGROUND -DESIGN On September 8, 2004, the Mayor and City Commission adopted Resolution No. 2004-25678, approving and authorizing the Mayor and City Clerk to execute an Agreement with the firm of Chen Moore & Associates, Inc. (CMA), formerly Chen & Associates, (Consultant}, to provide professional services for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way Neighborhood Improvement Project (the Project). The original contract provided only limited Project Closeout Services and no Resident Project Representative (RPR) Services. Although the Project originally consisted of Construction of Bid Packages 9A and 9B, the project was subsequently divided into three (3) separate Bid Packages. Bid Package 9A: the residential area bounded by Lincoln Road to the south, Washington Avenue to the west, 21st Street to the north, and Collins Avenue to the east. Bid Package 9B, the commercial area bounded by 16th Street to the south, 1 ih Street to the north, Alton Road to the west, Washington Avenue to the east, including Meridian Avenue to 19th Street west to Convention Center Drive, and Convention Center Drive to Dade Boulevard. Bid Package 9C: within the commercial area on Lincoln Road from Washington Avenue to Collins Avenue. 406 Commission Memorandum City Center ROW Chen Amendment 13 March 13, 2013 Page 2 of3 For the history of all past approved Amendments for CMA for the City Center projects, refer to Amendment No. 13, Exhibit A. BACKGROUND • CONSTRUCTION On April 22, 2009, the City Commission approved the award of a construction contract to M. Vila & Associates, Inc. (M. Vila) in the amount of $7,589,825 for the construction of the Infrastructure Improvement Project I City Center Historic District Bid Package 9A. CONTRACTOR TERMINATION-M. VILA & ASSOCIATES, INC. On October 24, 2011, after the City performed its due diligence, M. Vila was terminated from the City Center 9A project due to failure to comply with notices of default associated with repeated non-compliance issues, delays, and other contract violations. Refer to Letter to Commission (LTC #290-2011) dated November 14, 2011, Exhibit B. The City is currently in litigation with M. Vila, who has claimed wrongful termination. The City intends to file a counterclaim against M. Vila to recover its associated damages caused by M. Vila's failure to properly and timely perform its work. METRO EXPRESS AND ENVIROWASTE Due to the termination of M. Vila, the City elected to contract with Metro Express, Inc. (MEl) and Envirowaste Services Group, Inc. (ENV) each under separate job order contracts (JOC) to complete the project. MEl and ENV were willing to assume the responsibility of completing the job which had been left with a significant amount of problems requiring correction such as incomplete and defective watermain and fire line connections, incomplete sidewalk and crosswalks and significant roadway repair. In addition, landscaping, irrigation and lighting had not been completed and the condition of the majority of the completed underground drainage was not fully known. JOC Summary: In order to expedite the construction, maintain accounting accuracy, and separate the tasks required to complete the project, the remaining scope of work was divided into separate JOC contracts. The original three contracts, approved on October 27, 2011, released MEl to immediately clean and stabilize the area and perform hardscape repairs and completion, add 17 missing fire hydrants to the project required by code, and complete the drainage and watermain work on 201h Street. Three additional contracts, two which MEl has performed and one which ENV is performing, required additional research and negotiation and were later approved on June 27, 2012. SUMMARY Due to extensions of time required beyond the last Amendment provided to CMA, the Consultant has had to perform additional extended construction administration and RPR services. The Project has experienced delays caused by the former contractor's failure to properly and timely perform its work, necessitating repairs and additional work to be performed on the Project. In addition, delays in completion of the project due to special events within the area, such as Art Basel, the Boat Show, the Food and Wine Festival, as well as construction of private developments, which are on-going throughout the City Center neighborhood, have contributed 407 Commission Memorandum City Center ROW Chen Amendment 13 March 13, 2013 Page 3 of 3 to the project time being extended beyond the previously anticipated completion date of November, 2012. In order to move the Project forward, City staff was compelled to incur additional fees and expenses to investigate, inspect and repair work previously installed by M. Vila and complete the project. The funds required to bring the Consultant services to a current status and extend them to the projected substantial completion date of April 30, 2013, is as follows: Summary of Additional Cost: RPR Services performed from November 2012 to April 2013 Construction Administration Services for delayed Close-Out (Allowance if needed) Subtotal Cost Reimbursables Total $ 130,100 14 944 $ 145,044 2.000 $ 147,044 City staff has reviewed the consultant's proposal and found the fees to be fair & reasonable. An allowance of $14,944 has been added to provide Construction Administrative Services in the event the closeout of the project is extended beyond its current anticipated final completion date of May 30, 2013. These services are critical to properly document the deficiencies and corrections required to complete the project. The project is currently at 85% completion. CONCLUSION The Administration recommends the execution of Amendment No. 13, in the negotiated, not to exceed amount of $147,044, to an existing Agreement between the City of Miami Beach and Chen Moore & Associates, Inc., dated September 8, 2004, to provide extended Construction Administration and Resident Project Representative Services to project completion for the City Center Neighborhood Improvement Right-of-Way Project Bid Packages 9A; with previously appropriated funding from the City Center RDA Fund 365. Exhibit A-Amendment No. 13 Exhibit B-LTC dated November 14, 2011. KGB/JG/FV/DM/MH T:\AGENDA\2013\March 13\City Center 9A-Chen Amendment No. 13\City Center ROW-Chen Amend. No 13 MEMO.docx 408 Exhibit A AMENDMENT No. 13 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CHEN MOORE & ASSOCIATES, INC. (FORMERLY CHEN AND ASSOCIATES, INC), DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT OF WAY IMPROVEMENT PROJECT, IN AN AMOUNT NOT-TO-EXCEED OF $145,044 PLUS $2,000 FOR REIMBURSABLE EXPENSES; FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES, NEIGHBORHOOD NO. 9A, CITY CENTER RIGHT OF WAY NEIGHBORHOOD IMPROVEMENT PROJECT. This Amendment No. 13 to the Agreement, made and entered this __ day of 2013, 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 CHEN MOORE AND ASSOCIATES, INC, a Florida Corporation, having its offices at 500 W. Cypress Creek Road, Suite 410, Fort Lauderdale, Florida 33309 (hereinafter referred to as the Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor and City Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving and authorizing the Mayor and City Clerk to execute an Agreement with Chen and Associates, Inc. (Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way (ROW) Neighborhood Improvement Project {the Project); and WHEREAS, the Project includes improvements to the stormwater system, water system, roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the public right-of-ways; and WHEREAS, the Project limits are bounded by 16th Street to the South; Dade Boulevard to the North; and from Alton Road on the West, to Collins Avenue on the East; and WHEREAS, on February 8, 2006, the City Commission adopted Resolution No. 2006- 26126, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $347,925, to include the design of streetscape improvements on Meridian Avenue, from 1 ih to 18th Street, and miscellaneous water and wastewater main improvements; and WHEREAS, on December 6, 2006, the City Commission adopted Resolution No. 2006- 26388, approving Amendment No. 2 to the Agreement, in an amount not-to-exceed $88,081, to include the design of streetscape improvements on 21st Street, between Park and Collins Avenues; and Construction Administration and Resident Project Representative (RPR) services for Lincoln Road, between Collins and Washington Avenues; and WHEREAS, on April 24, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 3 to the Agreement, for a not-to-exceed amount of $16,973, for the design of bike lanes/routes within the Project; and WHEREAS, on September 5, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning services for the proposed improvements along the Lincoln Road corridor, between Washington and Collins Avenues (Bid Package 9C); and 409 WHEREAS, on May 5, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 5 to the Agreement, for a not-to exceed amount of $23,935, for design revisions to the Bid Package 9B, City Center Commercial District Right-of-Way Neighborhood Improvement Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and WHEREAS, on November 14, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 6 to the Agreement, for a not-to exceed amount of $23,766, for design revisions to Lincoln Lane North, between Pennsylvania and Washington Avenue, adjacent to the New World Symphony project; and WHEREAS, on September 9, 2009, the City Commission adopted Resolution No. 2009- 27159, approving Amendment No. 7 to the Agreement, in the amount of $580,424, for Resident Project Representative (RPR) services for Bid Packages 9A and 9B, during construction of the Project; and WHEREAS, on May 19, 2010, the Capital Improvement Projects (CIP) Office executed Amendment No. 8 to the Agreement, for a not-to-exceed amount of 21 ,078, for design revisions necessary for the re-design of 1 th Street, Pennsylvania Avenue, and Lincoln Lane North, adjacent to the New World Symphony project, and WHEREAS, on February 14, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 9 to the Agreement, for a not-to-exceed amount of $11,235, to provide revisions to electrical drawings indicating service access points from Sound Space Park, and additional services for preparation of a stormwater model to be used to establish existing conditions and determine future stormwater design and collection on Lincoln Road; and WHEREAS, on August 8, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 10 to the Agreement, for a not-to-exceed amount of $25,000, for additional professional services necessary for Resident Project Representative (RPR) and supplemental construction administration services for Lincoln Road, between Washington Avenue and Collins Avenue, Neighborhood No. 9C, City Center Right of Way Neighborhood Improvement Project; and WHEREAS, on September 28, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 11 to the Agreement, for the not-to-exceed amount of $6,181, for additional professional services required to revise the design plans to reflect a wider pedestrian crossing at 17'h Street and Drexel Avenue and roadway geometry changes at the intersections of 1 th Street and Pennsylvania Avenue; and 17'h Street and Convention Center Drive, resulting from the proposed pedestrian signalization additions on 17th Street between Convention Center Drive and Washington Avenue; and WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012- 27834, approving Amendment No. 12 to the Agreement, in an amount not-to-exceed $152,155, for extended Construction Administration and Resident Project Representative Services (RPR) during construction of the project; and WHEREAS, the Consultant has submitted a proposal for additional professional services required due to extensions of time required as a result of unforeseen delays to the project; and WHEREAS, the total additional fee requested by the Consultant for the additional work including reimbursables is $147,044; and WHEREAS, the Capital Improvement Project Office has evaluated the Consultant's cost proposal and are in agreement that the proposal is reasonable; and 410 WHEREAS, this Amendment No. 13 to the Agreement, will revise the total contract sum to a not-to-exceed total of $3,613,493. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 13. 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Attachment 1 and Schedule B, attached hereto. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 13. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 13 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: Rafael Granado, City Clerk ATTEST: Secretary Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date CITY OF MIAMI BEACH, FLORIDA Matti Herrera Bower, Mayor CONSULTANT: CHEN MOORE AND ASSOCIATES, INC. President Print Name 411 ATTACHMENT 1 SCOPE OF SERVICES Task 5.8.1.3 -Resident Proiect Representative Services BP9A: CONSULTANT shall provide qualified, resident project representative to provide a quantity and quality of observation as required to reasonably verify that critical elements of the construction project are being complied with, and that the general intent of the contract documents is being met. In this effort, CONSULTANT's level of effort shall be based upon 880 hours of field representation. Should this level of effort be exceeded or decreased, an equitable adjustment shall be made accordingly. The CONSULTANT's field staff shall be on-site at all times when the Contractor is on the job, as practicable. In addition, the CONSULTANT's level of effort is based upon the assumption that the resident project representative shall monitor all Contractor work crews as specified by the CONSULTANT in the contract document construction sequencing requirements. CONSULTANT shall attend weekly construction meetings with the Contractor(s), and applicable CITY representatives for the duration of the construction. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals, and contract document clarifications and interpretations. These meetings shall also serve as a forum for discussion of construction issues, potential changes I conflicts and any other applicable matters. In general, the CONSULTANT's resident project representative shall observe the construction of the work and; (a) CONSULTANT shall conduct on-site observations of the work in progress to determine if the contract documents and permit requirements are being complied with and to protect the CITY, through the CIP PROJECT COORDINATOR, against Contractor work defects and deficiencies. CONSULTANT shall advise the CITY, through the CIP PROJECT COORDINATOR, in writing, whenever work is determined to not conform to the contract documents. The CONSULTANT's observer shall attend all scheduled meetings with the Contractor. (b) Maintain a daily log of work performed. The daily notes shall include records of when the Contractor is on the job-site, weather conditions, change orders, or changed conditions, list of job site visitors, daily drilling and testing activities, observations in general, and specific observations in more detail as in the case of observing test procedures. Record, in writing, the outcome of these inspections. CONSULTANT shall identify any utilities damaged and verify that the Contractor (s) has notified the respective utility owner. (c) Verify that tests, equipment and systems start-up are conducted in the presence of appropriate personnel and that the Contractor maintains adequate records thereof; and observe, record, and report appropriate details relative to the test procedures and start-up. (d) Provide a photographic record of the construction, beginning with pre-construction documentation and completing with post-construction photographs. Photographs shall be digital snapshot type taken to define the progress of the project and shall be labeled as to date, location, view, electronically filed by month, and signed by the CONSULTANT. (e) Review materials and workmanship of the project and report to CITY, through the CIP PROJECT COORDINATOR, any deviations from the Contract Documents that may come to the CONSULTANT's attention. Determine the acceptability of the work and materials and make recommendations to CITY, through the CIP PROJECT COORDINATOR, to reject items not meeting the requirements of the contract documents. (±) Check Contractor(s) material certifications and samples, verifying that delivered materials match approved shop drawings. 412 (g) Field observe critical points in the construction process. (h) Direct and supervise the sampling and testing of materials to be performed by independent testing laboratories under subcontract to the CITY. This task includes the receipt, review and processing of invoices from the independent testing laboratories for payment by the CITY. (i) Monitor that record drawing mark-ups are properly maintained by the Contractor, including progressive record drawings and as-builts. (j) The CONSULT ANT's resident project representative shall coordinate with its office staff as necessary to resolve I address all Requests for Information I Contract Document Clarifications I Field Orders, Change Orders and other such project related correspondence as may be forwarded by the Contractor, through the CIP PROJECT COORDINATOR (k) Attend weekly construction meetings (l) Attend additional meetings with contractor(s) completing work on the project as necessary. (m) CONSULTANT shall review, verify and sign off on all pay requisitions. CONSULANTS level of effort includes reviewing Six (6) JOC pay requisitions. In this effort the CONSULTANT shall advise the CIP PROJECT COORDINATOR of percentage complete being recommended for concurrence. If Contractor's work schedule requires RPR to visit the site outside of normal work schedule, CONSULTANT will be entitled to an equitable adjustment accordingly, based on the hourly rates set in Schedule B. Deliverables: -Provide resident project representation on the project. -Prepare Daily Construction Observation Forms. -Review invoices for independent testing laboratories. -Provide photographic records. -Prepare responses for RFI's and prepare Field Orders. -Conduct reviews and responses to Change Orders. -Prepare response for dispute resolutions. -Conduct reviews and recommendation for claims. -Attend weekly construction meetings. -Attend additional meetings with Contractor(s) completing work on the project as necessary -Review and recommend payment for monthly contractor pay requests. Schedule -Ongoing throughout Project. Task 4.7 .1 -Optional Project Closeout Services: Upon receiving notice from the Contractor(s) advising the CONSULTANT that the project is substantially complete, CONSULTANT, in conjunction with appropriate CITY staff, shall schedule and conduct an overview of the project for Bid Package 9A. The overview shall include CONSULTANT'S development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. The list shall be forwarded to the Contractor(s). For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the project where the project can be utilized for the purposes for which it was intended, and where minor items may not be fully completed, but all items that affect the operational integrity and function of the project are capable of continuous use. Substantial Completion criteria shall be as specified by the CONSULTANT in its contract documents, and shall also address the startup of warranties accordingly. Upon notification from Contractor(s) that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the finished project. Based on successful completion of all outstanding work items by the Contractor(s), the 413 CONSULTANT shall assist CITY in closing out the construction contract. This shall include, but not be limited to, providing recommendations concerning acceptance of the project and preparing/collecting necessary documentation, including but not limited to, lien waivers, Contractor's final affidavit, close-out change orders, consent of surety to final payment, and processing of the final payment application. Deliverables: -Receive Contractor(s) substantial completion notification. -Coordinate and attend field meetings to review Substantial Completion. -Prepare and verify that punch lists are completed. -Certify project completion to appropriate agencies. Schedule -Ongoing throughout Project. H:\PROPOSALS\2013\P13.099 Miami Beach\CC9A-Scope of Service Amendment 13R_Revised 130215.docx 414 ~ ~ CJ1 SCHEDULE B-AMENDMENT 13 CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE PROGRAM A-E CONSULTANT CONSULTANT'S COMPENSATION FEE SCHEDULE CITY CENTER 9A ./ l 't .Mt.AM.I OFFIC:E.9F THE CITY MANAGER LTC#! 29o-:io11". --. ... · ro; · · Mayor Matti Herrera Bower F~~M: • • ;·. __ · Jo~ge M. . . _ City.:·Manager ~ .. CITY CLERK'S OFF ICE ' . . DATE: November. 14, 2011 · · · · -U ... f...-./, . . City C~nt~i' SA-N~w Contractor eo·~~~nces.~o~~frud!o~ -~ctivhieis .: . 'Tl'l~-p~rpos~· of.thls.;L~tt~r ~o Co~m!i~iqn _(LT~) is to. Info~ yo~-th~t-th~· OfflGla C~~ital Improvement Projects recently termioated M. ·Vila and Associates, Inc., causiil :ar.~d hired_ ·Metro Express, Ina-to cqmptete the .scope of:)l\lork origittal!y iriterided Cilt~/ Center :sA · Ne!gnborhood. : ... .sequence 9f evenls as it pe~rl:~ins to contr~~to'i-te~ml~alion. and:f~pl~;~cement occurred • .. follows: . · . . . . · . ' . · · . . · · . · . · · . . :.. . . . .. October 2~. 2011 -· M. VUa and A!>So~iates. wa::r terminated .for cause a.m:l. asked to : .. demobilize' from the project limits. · · · · · · . · · · ·.·.: · •· · ~ • ' . '" O~tober 26, 2011 -M. VIta a!l:ld Associates· demobilized remOV!'ld.:a(l ., '. ·:t ·· ~'fromthersite:-·--· .. '-... ·.-•· ---· .... · ... . .'." · •·· ··":-~~:- • • Qc:tciber 2011 -Metro· Express began-a cleim-uP. eff~rt tl')roughout ihel' project· . · · . -. ·. · · . limits. . . · · · .. · · .. · · : · · · · · . · · : · · ·· ,_ . • • .. Och:lbar-31; 2C.i1'1 ·.:..Metro' ·officially' mcibiiiz:ed i6 ·camplete'tfie Clt},.Ce·n·ted}ti.-' .... .-:,'." ·: ··: · lmp!'ovememts. . · · · · ·· .. · · · · · · The work to·be finished includes:. Main Improvements • Ora.inage Improvements .•• '" ·. Lighting lmpro:vements . .. . . .:. , •·· • landscaping Improvements--. • Roadway Improvements .. . • Improvements. · -'·. · ... : ' ' '• f ~." .· ·. --~e .[rri~edi~te effort is t9 assist Metro E~press rri ~~pedlting ~~~ :~ork co~ce.rhlng' tlie -mc;)st. · · · · · · us~d by Art ~James Avenue, 1 B; Street and 21 Street This work consists:of pouring flags of · concrete to of asphalt on sidewalks curranUy J.mflnished, completing bump outs to. · ensure the of pedestriaos ahd correct lighting [ssues. The overa.Jr intent or pJ.!sh of;~)'h=t . project !s rectifica.tiqn-MetrcfEJ<press. will focus on specific tasks and work zones in qrder to?,Ji .. , ·rogisticai!y ~co'mpl~te" areas, critical to the advancement of the project . ·· All work Is e~ected to comp!.eted by Spring 2012. The publi9 involvement prOCE!SS of the project was maintained while the contractor w~s· being' termi~:~ate~. The Public Information Officer (PIO) that was hired by M. Assoeiata~rwas · ' retained by Metro Inc. so that impacted -stakeholders continue to receive project .... · • _ ··, ~nd alerts frorn the same s~urce. Additionally. the City is coordi_nating <\i Constructio.n. _, _ . . -, .. ' " ~:' ~ ' .. 416 ·. . . Letter to Commission .-New Contractor Commern:es Canstructlc:m ActMtfe:; November 14, 2011 Pa~ge ~'Of'2 ·' Update ·Meeting In order to. present Metro Inc. as· the r,~ew contFactor, expiain what ofworl(has to be flm~llzed, and provide a sc~edule L!Pdate. I questions, please feel free to contact me. •, ',' ,' 417 ' , RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 13 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND CHEN MOORE & ASSOCIATES, INC., DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT BID PACKAGES 9A AND 9B; SAID AMENDMENT IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $145,044, PLUS AN ADDITIONAL AMOUNT OF $2,000 FOR APPROVED REIMBURSABLE EXPENSES, FOR A GRAND TOTAL OF $147,044, TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES UNTIL PROJECT COMPLETION; WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE CITY CENTER RDA FUND 365. WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor and City Commission adopted Resolution No. 2004-25678 on September 8, 2004, approving and authorizing the Mayor and City Clerk to execute an Agreement with Chen Moore and Associates, Inc. (Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way (ROW) Neighborhood Improvement Project (the Project); and WHEREAS, the Project includes improvements to the stormwater system, water system, roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the public right-of-ways; and WHEREAS, the Project limits are bounded by 161h Street to the South; Dade Boulevard to the North; and from Alton Road on the West, to Collins Avenue on the East; and WHEREAS, on April 22, 2009, the City Commission approved the award of a construction contract to M. Vila & Associates, Inc. (M. Vila), in the amount of $7,589,825, for the construction of the Project; and WHEREAS, on October 24, 2011, M. Vila's contract was terminated; and WHEREAS, the City elected to cqntract with Metro Express, Inc. (MEl) and Envirowaste Services Group, Inc. (ENV), each under separate job order contracts (JOC), to complete the Project; and WHEREAS, the Project has experienced delays caused by M. Vila's failure to properly and timely perform its work, necessitating repairs and additional work to be performed on the Project, and contributing to the Project completion date being extended beyond the previously anticipated completion date of November, 2012; and WHEREAS, in order to continue to move the Project forward, City staff was compelled to incur additional fees and expenses to investigate, inspect and repair work previously installed by M. Vila; and WHEREAS, the Consultant has submitted a proposal for additional professional services required due to extensions of time required as a result of delays to the Project; and WHEREAS, the total additional fee requested by the Consultant for the additional work including reimbursables is $147,044; and WHEREAS, the Capital Improvement Project Office has evaluated the Consultant's cost proposal and is in agreement that the proposal is reasonable; and 418 WHEREAS, this Amendment No. 13 to the Agreement, in the total amount of $174,044, will revise the total contract sum to a not-to-exceed total of $3,613,493. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute Amendment No. 13 to the Professional Services Agreement between the City and Chen Moore & Associates, Inc., dated September 8, 2004 for the City Center Right of Way Neighborhood Improvement Project Bid Packages 9A and 98; said Amendment in the negotiated not-to-exceed amount of $145,044, plus an additional amount of $2,000 for approved reimbursable expenses, for a grand total of $147, 044, to provide extended construction administration and resident project representation during construction of the project; with previously appropriated funding from the City Center RDA Fund 365. PASSED AND ADOPTED THIS---DAY OF ____ .2013. ATTEST: CITY CLERK MAYOR 419 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 420 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The Construction Contract Between The City Of Miami Beach, Florida, And Lanzo Construction Co., Florida, For The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program, Neighborhood No. 8 Central Bayshore And Lake Pancoast; Dated April 8, 2011 (The Contract), To Provide Homeowner Association Requested Roadway Width And Landscape Items, Provide Additional Stormwater Upgrades, And Provide Complete Milling And Resurfacing Of The Roadway In Lieu Of Asphalt Overlay For The Remainino Areas Within PackaQe A. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.}: The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed capital improvement projects as "excellent" or "good". Recently completed capital improvement projects (81%), storm drainaae (37%), and condition of roads (44%). Issue: I Shall the City Commission adopt the resolution? Item Summary/Recommendation: On January 19, 2011, the City adopted a Resolution, approving and authorizing the execution of a contract, pursuant, for the right-of-way infrastructure improvement program -Neighborhood No. 8 -Central Bayshore and Lake Pancoast On July 9, 2012, the Administration presented the aforementioned revisions to the Finance and Citywide Projects Committee (FCWPC) regarding additional capital budget requests to include warranted infrastructure needs for stormwater, roadway milling and resurfacing, and valley gutter improvements. On September 27, 2012 the City Commission approved the additional funding to the Capital Budget 2013 for the construction of the implementation of the 11 points requested by the HOA, additional stormwater upgrades and complete milling and resurfacing of the roadway. The total budget approved was $4,936,607. On December 12, 2012 the City Commission approved Amendment No. 1 in the amount of $306,194 which provides complete milling and resurfacing of the roadway in lieu of asphalt overlay for certain areas within Package A and Package C. Amendment No. 2 to the Central Bayshore Neighborhood encompasses the construction of all the remaining upgrades and revisions following an amendment to the BOOR at the City Commission at the July 18, 2012 meeting via Resolution 2012-27972. The scope of services include additional HOA Requests, additional warranted drainage improvements, as well as additional warranted milling and resurfacing. The engineer of record (EOR), CH2M Hill, was further authorized in the amount of $207,841 to proceed with the design modification which would include all amendments to the BOOR pursuant to Resolution 2012-27972. On February 13, 2013, CH2M Hill finalized their 100% plans for the project, including profiles for the drainage between 34 Street and 28 1h Street. By February 15, 2013 Lanzo submitted their final price to CIP and Atkins for final review in the amount of $5,638,161. Atkins's review of Lanzo's cost proposal was submitted to the City on February 19, 2013 and on February 21, 2013 the final negotiation meeting between the City (including Public Works), Lanzo, CH2M Hill and Atkins took place and an agreement was reached by all parties in the amount of $3,385,441. The additional Scope of Work will add one hundred eighty (168) calendar days to the overall project. The completion date for this project will be extended from October 2013 to March 2014. The Administration recommends that the Mayor and City Commission approve the resolution. Advisory Board Recommendation: IN/A Financial Information: Source of Funds: ~I 13\Central MIAMI BEACH Account 429-2205-069357 429-2205-000356 424-2205-069357 302-2205-069357 431-2205-069357 431-2205-000356 Asst Cit AGENDA ITEM --.K_t..,__D...,....... DATE 3-13-/~ 421 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager tA A ..,..._ DATE: March 13, 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 NO. 2 TO THE CONSTRUCTION CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND LANZO CONSTRUCTION CO., FLORIDA, FOR THE CONSTRUCTION OF THE CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8 CENTRAL BAYSHORE (PACKAGE A) AND LAKE PANCOAST (PACKAGE C); DATED APRIL 8, 2011 (THE CONTRACT), IN THE NOT-TO-EXCEED AMOUNT OF $3,385,441 FOR THE CONSTRUCTION OF THE ADDITIONAL SCOPE OF WORK APPROVED UNDER RESOLUTION NO. 2012-27972, WHICH INCLUDES THE HOMEOWNER ASSOCIATION (HOA) REQUESTED ROADWAY WIDTH AND LANDSCAPE ITEMS, PROVIDE ADDITIONAL STORMWATER UPGRADES TO THE AREA KNOWN AS ZONE 4 IN THE BASIS OF DESIGN REPORT (BOOR), AND PROVIDE MILLING AND RESURFACING OF THE ROADWAY IN LIEU OF ASPHALT OVERLAY FOR THE REMAINING AREAS WITHIN PACKAGE A; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE FY2012/13 CAPITAL BUDGET, IN THE AMOUNT OF $3,385,441 FOR CONSTRUCTION, AND $338,545 FOR CONTINGENCY, FOR A GRAND TOTAL OF $3,723,986. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure value and the timely delivery of quality capital projects. Improve storm drainage citywide. Maintain City's infrastructure. FUNDING $ 2,457,229 Fund 429-Storm Water LOC $ 1,006,888 Fund 431 -Storm Water Bond 2011 Series $ 257,997 Fund 424-Water & Sewer bonds 2000 Series $ 1,872 Fund 302-Pay As You Go $ 3,723,986 422 Central Bayshore A -Amendment No. 2 -Commission Memorandum March 13, 2013 Page 2 of7 INTRODUCTION Amendment No. 2 to the Central Bayshore Neighborhood encompasses the construction of all the remaining upgrades and revisions following an amendment to the BOOR at the City Commission at the July 18,· 2012 meeting via Resolution 2012-27972. The scope of services include additional HOA Requests, additional warranted drainage improvements, as well as additional warranted milling and resurfacing (See Exhibit A, Resolution 2012-27972). Additional funding for this second phase in the amount of $4,936,607, was requested and amended as part of the FY 2012/2013 Capital Budget Process (see Exhibit B-Memo to the FCWCP date July 91 h, 2012). The engineer of record (EOR), CH2M Hill, was further authorized to proceed with the design modification which would include all amendments to the BOOR pursuant to Resolution 2012-27972. On February 13, 2013, CH2MHill finalized the design, following an extensive collaboration process between the HOA, the Public Works Department, the Parks Department and the Capital Improvements Projects Office. Negotiations with Lanzo Construction Co. of Florida (Lanzo) begun in January 2013 and progressed in parallel with the current construction activities and established contractual timelines. This was done in an effort to provide a seamless transition into this next phase, while at the same considering all possible concerns and additional requests from residents and requirements from the Public Works Department as possible alternatives into the following phase. Requests were evaluated on their technical and regulatory merit as well as their impacts to the current established project timelines. Once all additional requests were properly evaluated, the Contractor submitted a cost proposal for the second phase of the project in the amount of $5,638,161 (See Exhibit C). The City, on the other hand, with its respective consultants conducted an exhaustive due diligence process which extensively and thoroughly reviewed all proposed costs and savings and was subsequently able to derive a much lower estimate for the next phase which proposed a $2,252,720 in savings to the project. The mutually agreed number between the City and the Contractor to proceed to this next phase of construction, including all amendments to the BOOR as well as all merited inclusions resulted in a total proposed amount of $3,385,441. The final negotiated schedule of values is attached as Exhibit D, and the final negotiated credit schedule of values to the project is attached as Exhibit E. The summary of the final negotiation is tabulated below: SUMMARY BID SUMMARY DESCRIPTIONS FINAL TOTAL CONSTRUCTlON COST LESS NEGOTlATED CREDITS TOTAL CONSTRUCTION REQUIRED FUNDING BACKGROUND The Bayshore Neighborhood No. 8 Right-of-Way Improvements Project was one of thirteen neighborhood improvement projects included in a program developed by the City of Miami Beach to improve the quality of life of its residents. The program included citywide water and stormwater improvements; as well as a variety of streetscape enhancement projects. This Commission Memorandum addresses two (2) of the Bayshore sub-neighborhoods; Central Bayshore Neighborhood No. 8A (Package 8A) and Lake Pancoast Neighborhood (Package 8C). Other neighborhoods such as Biscayne Point, Sunset Islands 1 & 2 and Venetian Islands 423 Central Bayshore A -Amendment No. 2 -Commission Memorandum March 13, 2013 Page 3 of7 received additional improvements, originally not included as part of the bid documents, particularly for water and stormwater improvements and for milling and resurfacing. These needs originally surfaced following requests made by the owner agencies and residents once the project broke ground, thus generating a challenge to the management of overall timelines and the construction control budget. On January 19, 2011, the City of Miami Beach (City) adopted Resolution No. 2011-27587, approving and authorizing the Mayor and City Clerk to execute a contract with Lanzo Construction Company of Florida (LCC), pursuant to Invitation to Bid 18-09/10, for the Right-of- Way Infrastructure Improvement Program -Neighborhood No. 8 -Central Bayshore (Package A) and Lake Pancoast (Package C). The original project scope of work included new water mains to upgrade the existing 6-inch water mains, drainage installation, road paving and restoration, concrete sidewalk repairs, minor valley gutter installation and landscape. The first Notice to Proceed (NTP-1) was issued to LCC on August 19, 2011. The Pre- Construction conference took place on October 26, 2011 and the second Notice to Proceed (NTP-2) was issued on October 31, 2011. Construction mobilization took place on November 7, 2011. The project has a 24 month schedule and is currently at 50% completion. 2012 BOOR Design Changes for HOA Additional Requests: In early 2010, following completion of design and permitting services for the Central Bayshore project area, the neighborhood association (HOA) requested that the City consider modifying the width of some streets in the project area as well as enhancing the landscaping presented as part of the original design. On August 25, 2011 ,members of the Bayshore HOA met with CIP to request that eleven (11) items be considered for incorporation into the project. CIP approached the Public Works Department (PWD) in several instances to discuss possible options on behalf of the residents. Subsequent meetings and correspondence took place between CIP, PWD, Planning and the Parks Department, and a compromise was reached for the majority of the items. The final, agreed to modifications Points were presented to the residents during the publicly advertised Community Meeting of August 31, 2011. The requested changes required are amendments to the previous BOOR, upon which the project design was developed, or were modifications to the BOOR. Some of the requested changes also required modifications to the City's current Atlantic Greenway Network (AGN - Bicycle Route Master Plan). On July 18, 2012, the Mayor and City Commission adopted Resolution No. 2012-27972, approving the amendment to the BOOR for the Bayshore Right of Way improvement project to include the implementation of the items agreed to by the City for the HOA requests, provide additional storm water upgrades to the area known as Zone 4 in the BOOR, as well as complete milling and resurfacing of the roadway in lieu of overlay, refer to Exhibit D. A summary of the eleven requested HOA points and Commission Action I BOOR Revision is referred to in the Memorandum which is attached as Exhibit F. Stormwater Improvements: Following a major storm event that occurred on October 30, 2011, which flooded a substantial area of the Central Bayshore neighborhood, the PWD and CIP were approached by concerned residents. The residents requested for the City to investigate if an upgrade to the existing storm water facilities would provide additional relief from potential flooding conditions within the timeline of the current construction contract. The City requested CH2M Hill to do an analysis of the area and recommend possible solutions to upgrade the storm water facilities within the area. 424 Central Bayshore A-Amendment No. 2 -Commission Memorandum March 13, 2013 Page 4 of7 The results of the analysis, as well as input from the City's Public Works Department and their respective stormwater master plan consultant, COM Smith, resulted in a revised design which includes the addition of valley gutters, catch basins, the addition of a new pump station near the Par 3 golf course. Milling & Resurfacing of Roadways: On December 12, 2012 the City Commission approved Amendment No. 1, which provides complete milling and resurfacing of the roadway in lieu of asphalt overlay for certain areas within Package A, North of 34th Street to 41 51 Street between Alton Road and Meridian Avenue; and Package C, 25th Street, 26th Street and Flamingo Drive North of 25th Street. The additional milling and resurfacing in these areas were requested to allow an early delivery of the portion of Central Bayshore while the design of the HOA revisions and the additional stormwater improvements were completed. Amendment No. 2 covers the milling and resurfacing for the remaining areas in Central Bayshore A pursuant to the recommendations issued by the Engineer of Record (CH2MHill) as well as the Resident Project Representative (Atkins). This includes all roads in between 28th Street to 401h Street between Dade Boulevard, Pine Tree Drive and Chase Avenue. The milling and resurfacing evaluation memorandum performed by Atkins (RPR) and Pavement Condition and Recommendations prepared by CH2M Hill (EOR) are attached as Exhibits G-1 and G-2. Project Additional Funding I Amendment to BOOR: On July 9, 2012, the Administration presented the aforementioned revisions to the Finance and Citywide Projects Committee (FCWPC) regarding additional capital budget requests to include warranted infrastructure needs for stormwater, roadway milling, resurfacing, and valley gutter improvements. On September 27, 2012 the City Commission approved the additional funding to the 2013 Capital Budget for the construction of the implementation of the 11 points requested by the HOA, additional stormwater upgrades and complete milling and resurfacing of the roadway. The total budget approved was $4,936,607. HOA Request-Prairie Avenue I Royal Palm Avenue Discussions at the July 9, 2012 FCWPC and at the July 18, 2012 Commission meeting did not result in the incorporation of the HOA request to remove the bike lanes on Prairie Avenue and change Royal Palm to a bike boulevard. Nonetheless, in October 2012 members of the Central Bayshore HOA continued to request that City staff consider the removal of bicycle lanes on Prairie Avenue and the implementation of a "Bicycle Boulevard" on Royal Palm Avenue. A meeting took place on December 13, 2013 between staff and members of the Central Bayshore HOA to discuss the possibility of re-introducing the narrowing of Prairie Avenue by removal of the bicycle lanes. Following a thorough review of these requests, staff concluded that additional costs would need to be incurred for potential street grade modifications and allowances for potential added drainage at intersections, primarily as a result of the warranted expansion of Royal Palm Avenue to accommodate for an additional eight (8) foot Bicycle Boulevard. The scope of work for the removal of the bicycle lanes and reduction in the width of Prairie Avenue would include removal of 8 feet of asphalt and replacing it with sod, re-grade all the swales, driveway reconstruction, and lifted grates. The scope of work for the addition of the bicycle boulevard on Royal Palm Avenue would include widening Royal Palm by 8 feet by removing driveways, swale areas, tree removal and replacing with roadway, stabilizing the sub grade, adding lime rock, re-grading the swale, adding 425 Central Bayshore A-Amendment No. 2 -Commission Memorandum March 13, 2013 Page 5 of 7 2 inches of asphalt, mill and resurface, adjust inlets, modify the drainage system, and add striping and signage. The total cost for the work for the removal of the bike lanes on Prairie and the addition of the bike boulevard, including professional fees, permitting and contingency would be approximately $1 million. In addition, City staff also reached out to Miami Dade County Public Works (MDCPW), Traffic Division, to request their position for these proposed revisions as any modifications of the existing bicycle lanes along Prairie Avenue, as well as introduction of a bicycle boulevard, would require MDCPW approval. MDCPW indicated that approval for the removal of bicycle lanes would not be considered. Their position is that the displacement of an established bicycle facility along a collector road would be in violation of the Federal Highway Administration Bicycle Policy which states "under 23 USC Section 1 09(n), the U.S. Secretary of Transportation shall not approve any project under this title that will result in the severance or destruction of an existing major route for non-motorized transportation traffic and light motorcycles, unless such project provides a reasonable alternate route or such a route exist". Moreover, the Florida Statute 335.065 states that "bicycle and pedestrian ways shall be given full consideration in the planning and development of transportation facilities, including the incorporation of such ways into state, regional and local transportation plan and programs". The City of Miami Beach currently has a local bicycle transportation plan identified as the City of Miami Beach Atlantic Greenway Network under which Prairie Avenue is an established facility. It is important to note that in the past, the HOA expressed concerns about Prairie Avenue being a collector road and questioned such designation. The Federal Roadway Functional Classification map shows Prairie as a collector road and the HOA has been made aware of such; nevertheless, there remains a concern that Prairie Avenue is the busiest collector in Bayshore, and that this should be the reason for removing the current bike lanes. The design and construction of an in-road bicycle boulevard, on Royal Palm, could create traffic flow modifications, which under the Miami-Dade Criteria would warrant a traffic flow analysis. Further, Miami Dade County has stated that bicycle boulevards are not part of their currently adopted bicycle facility standards as well as not part of the currently adopted Manual of Uniform Traffic Control Devices (MUTCD). Such non standard facilities would warrant an individual traffic flow analysis for which the County would have to further evaluate on its feasibility and technical functionality as well as require a traffic flow modification application which would warrant two thirds approval by residents and/or majority approval by the Miami Beach City Commission. Given the current advanced stage of construction, City staff anticipates that the pursuit of these alternatives at this time, as well as any implementation of these two proposals, could not be recommended as part of the current construction project without significantly affecting the progress and cost of this project. ANALYSIS On February 21, 2013 the City finalized negotiations with Lanzo Construction Co. of Florida (LCC) which resulted in the agreement for the construction of the aforementioned additional scope to the Central Bayshore neighborhood. The final negotiation was the culmination of a 7 month effort between the HOA Residents and several City owner departments including Public Works, Parks & Recreation, and Capital Improvement Projects (CIP) to enhance and rectify insufficiencies in the original project scope which did not include much needed improvements to 426 Central Bayshore A-Amendment No. 2 -Commission Memorandum March 13, 2013 Page 6 of7 the neighborhood. The process began in 2012, and the steps taken to reach the successful conclusion are indicated below. On July 9, 2012, the City Commission approved Amendment No. 23 to CH2M Hill for design of the additional scope of work at the Central Bayshore neighborhood. By August 1, 2013, the engineer began the design process and several Design workshops and meetings took place between Public Works, the EOR, the Parks Department and CIP to coordinate the definitions of the required scope of work. On January 2013, the Engineer of Record and contractor began discussions and reviews of necessary unit price increases from the prices established in the original bid of 2009. On February 13, 2013, CH2M Hill finalized their 100% plans for the project, including profiles for the drainage between 34 Street and 28th Street. By February 15, 2013 Lanzo submitted their final price to CIP and Atkins for final review. Atkins's review of Lanzo's cost proposal was submitted to the City on February 19, 2013 and on February 21, 2013 the final negotiation meeting between the City (including Public Works), Lanzo, CH2M Hill and Atkins took place and an agreement was reached by all parties. Atkins's summary of the final negotiated is attached as Exhibit H. PROJECT SCHEDULE The additional Scope of Work will add one hundred eighty (168) calendar days to the overall project. The completion date for this project will be extended from October 2013 to March 2014. SUMMARY Negotiation of the value of changes in the work, whether in the quantity or character of the work, is normally an arduous task in any contract, and specially while in the midst of construction. The task becomes exceptionally challenging when the value of the added scope of work translates into a significant modification to the plans. In order to properly place a value to the added scope that is equitable to all stakeholders, it is necessary that certain elements be in place. These elements include the establishment of a functional team made up of the contract administrator, the engineer of record (EOR), the resident project representative (RPR), the contractor, the owner departments, and the community; precise scope definition and quantities; quality control measures; adequate due diligence by the EOR and third party consultants; and, a clear understanding of the timelines and potential risks, to name a few. The elements necessary to make this negotiation a success for all parties were clearly in place during this particular process. The contractor feels that the final value is equitable and provides for fair and equitable compensation for the added work, whereas the City was able to achieve a satisfactory adjustment value that not only was agreeable by both the EOR and the RPR, but keeps the contract moving forward, and avoids stalling of the project, all in the best interest of the residents of the City. This process has evolved over time and has taken into consideration lessons learned in other high profile projects that also experienced the addition of substantial scope during the construction phase. Some of these projects include South Pointe phases Ill, IV and V, Biscayne Point, and Sunset Islands I & II neighborhood improvements. CONCLUSION: The Administration recommends that a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizes the Mayor and City Clerk to execute Amendment No. 2 to the construction contract between the City of Miami Beach, Florida, and Lanzo Construction 427 Central Bayshore A -Amendment No. 2 -Commission Memorandum March 13, 2013 Page 7 of7 Co., Florida, for the construction of the City of Miami Beach Right of Way Infrastructure Improvement Program, Neighborhood No. 8 Central Bayshore (Package A) and Lake Pancoast (Package C); Dated April 8, 2011 (The Contract), in the not-to-exceed amount of $3,385,441 for the construction of the additional scope of work approved under Resolution No. 2012-27972, which includes the Homeowner Association (HOA) requested roadway width and landscape items (11 points), provide additional stormwater upgrades to the area known as Zone 4 in the basis of design report (BOOR), and provide complete milling and resurfacing of the roadway in lieu of asphalt overlay for the remaining areas within Package A; with previously appropriated funding in the FY2012/13 Capital budget, in the amount of $3,385,441 for construction, and $338,545, for contingency, for a grand total of $3,723,986. Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G-1 Exhibit G-2 Exhibit H: KGB/JGG/FV Commission Resolution 2012-27972 FCWPC ROW Memorandum of July 9, 2012 Lanzo Construction Original Estimate Final Negotiated Schedule of Values Final Negotiated Credits Schedule of Values Summary of Commission Action I BOOR Revision Atkins Report-Milling & Resurfacing 5-31-12 CH2M Hill Report Pavement Conditions & Recommendations 10-29-12 Atkins Final Negotiation Summary :1\March 3\Centrnl Amendment 428 Exhibit A RESOlUTION No! 2012-27972 I '----~--~J A RESOLUTION OF THE MAYOR AND CITY COMMISSION Of THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 23 TO THE PROfE$SIONAl SERVICES AGREEMENT BETWEEN THE CITY Of MIAMI BEACH, FLORIDA, AND CH2M Hill FOR THE PROFESSIONAL lANDSCAPE, ARCHITECTURAl AND ENGINEERING SERVICES FOR THE RIGHT-OF- WAY INFRASJRUCTURE IMPROVEMENTS PROGRAM FOR NEIGHBORHOOD NO.8 BAYSHORE AND SUNSET ISlANDS, DATED· MAY 16, 2001 (THE AGREEMENT), IN THE NEGOTIATED NOT-TO- EXCEED AMOUNTS OF $200,401, FOR ADDITIONAl DESIGN SERVICES FOR PROPOSED CHANGES TO THE BASIS OF DESIGN REPORT FOR NEIGHBORHOOD NO.8 BAYSHOREISUNSET ISlANDS (BOOR), AS REQUESTED BY THE CENTRAL BAYSHORE HOMEOWNER ASSOCIATION, AS WELL AS FOR ADDITIONAL STORMWATER UPGRADES TO THE AREA KNOWN AS ZONE 4, FOR THE BAYSHORE NEIGHBORHOOD NO. BA PACKAGE; AlSO PROVIDING FOR $7,440, FOR REIMBURSABLES, FOR A GRAND NOT-TO-EXCEED TOTAl AMOUNT OF $207,841, WITH PREVIOUSLY APPROPRIATED STORMWATER BOND FUNDING. WHEREAS, on May 16, 2001, the Mayor and City Commission adopted Resolution No. 2001-24387, approving and authorizing the Mayor and City Clerk to execute a prof~ssional services agreement with CH2M Hill for the Right-of-Way Infrastructure Improvements Program Neighborhood No. 8. Bayshore and Sunset Island project (the Project), pursuant to Request for Qualifications No. 134-99/00; and WHEREAS, the Agreement provides for the detailed planning services for various streetscape, landscape, and utility improvements within the Bayshore and Sunset Island neighborhoods; and WHEREAS, the planning effort for the Bayshore and Sunset Island neighborhoods has been completed and detail design activities are underway; and WHEREAS, the Agreement was executed in the not-to-exceed amount of $133,174; and WHEREAS, on December 10, 2003, the Mayor and City Commission adopted Resolution No. 2003-25432, approving additional design services as Amendment No. 1 to the Agreement, for planning, design, permitting, bidding I award, and construction administrative services for the Bayshore and Sunset Island neighborhoods in the not-to- exceed amount of $1,913,302; and resulting in a revised contract fee of $2,046,476;and . WHEREAS, on February 24, 2005, Amendment No. 2 tQ the Agreement was administratively executed, to re-package Sunset Islands 1 and 2 from Bid Package BD to Bid Package BB at no additional cost, resulting in no change to contract; and WHEREAS, on November 8, 2005, Amendment No. 3 to the Agreement was administratively executed to include the completion of a topographic survey along Pine Tree Drive, from West 28 111 to West 40th Streets, along the east side of the road, in the not-to- 429 exceed amount of $12,850; resulting in a revised contract fee of $2,059,326; and nr;;;:l"'!.~::•"'o:~. on 17, 2006, Amendment No. 4 to the Agreement was administratively executed to include the evaluation, permitting and preparation of construction cost alternatives for the installation of curb/valley gutters to Sunset Islands 1 and 2, in the not-to-exceed amount of $2,500: resulting in a revised contract fee of $2,061 and on February 16, 2006, Amendment No. 5 to the Agreement was executed to include the installation of four (4) test wells to provide additional information for the preparation of a Letter of Reasonable Assurance to be submitted to the Florida Department of Environmental Protection (FDEP), as required in the permit application for the Project, in the not-to-exceed amount of $55,863; resulting in a revised contract fee of $2, 117,689; and on September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-26283, approving Amendment No.6 to the Agreement for the of "P3.2" classified water main required by the City's Public Works Department, in the not-to-exceed amount of $372,230; resulting in a revised contract fee of $2,489,919; and on 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-26283, approving Amendment No.7 to the Agreement forthe of bike lanes/routes required by the Public Works Department, in the not to exceed amount of $58, 128; resulting in a contract fee of $2,548,047; and on September 9, 2006, Amendment No. 8 to the Agreement was administratively executed to include the design of alternative parking in the Lake Pancoast area, in the not-to-exceed amount of $24,900: resulting in a revised contract fee of $2,572,947; and on September 9, 2006, Amendment No. 9 to the Agreement was administratively executed to include the design of road treatment to Sunset Islands 1 and 2, in the not-to-exceed amount of $3,200; resulting in a revised contract fee of 147; and on September 9, 2006, Amendment No. 10 to the Agreement was administratively executed to include the of resident requested modifications in the Lake Pancoast area; in the not-to-exceed amount of $8,680; resulting in a revised contract fee of $2,584,827; and .-.o::: ...... o::,"'""-on August 6, 2007, Amendment No. 11 to the Agreement was administratively executed for an additional thirty seven (37} soil borings in Sunset Island No. 1 to verify underground utility services and potential conflicts, in the not to exceed amount of $10,400; resulting in a revised contract fee of $2,595,227; and on April11, 2007, the Mayor and City Commission adopted Resolution No. 2007-26504, approving Amendment No. 12 to the Agreement for additional services regarding verification of additional underground utilities to avoid conflicts in 1 03 boring sites along North Road between Sunset Drive and Alton Road, in the not to exceed amount of $27 ,500; and 334 boring sites for Bid Package SA-Central Bayshore, in the not to exceed amount of $94,675; and to perform a traffic study at the intersection of West 2B!h Street and Prairie Avenue, in the not to exceed amount of $20, 780; all resulting in a revised contract fee of $2,738,182; and 430 ..... , ............ on December 7, 2007, Amendment No. 15 to the Agreement was administratively executed for additional services to prepare a re-application package for the Historic Preservation Board for the lake Pancoast Bid Package, in the not to exceed amount of $2, 145; resulting in a revised contract fee of $2, 777,886; and on December 7, 2007, Amendment No. 16 to the Agreement was administratively executed for additional services for design preparation of materials, and attendance at a meeting with residents discussing options for the intersection of 28th Street and Prairie Avenue, in the not to amount of $2,947; resulting in a revised contract fee of $2,780,833; and on December 2007, Amendment No. 13 to the Agreement was administratively executed for additional services to expand the traffic study of alternative design concepts for the 28111 Street and Prairie Avenue intersection (previously authorized under Amendment No. 12), in the not to exceed amount of $22,1 r!9sulting in a revised contract fee of $2,760,338; and on December 20, 2007, Amendment No. 14 to the Agreement was administratively executed for additional services to implement miscellaneous design revisions to bike lanes, traffic tables, crosswalks, the 28th Street and Prairie Avenue intersection, and water mains, in the not to exceed amount of $15,403; resulting in a revised contract fee of $2,775,741; and on January 6, 2009, Amendment No. 17 to the was administratively executed for additional services for preparation of materials, and attendance at various Board and civic meetings options on Sunset Islands No. I and I I, in the not to exceed amount of $15,344; resulting in a revised contract fee of$2,796,177; and ....... , ........ ,..,. on January 6, 2009, Amendment No. 18 to the Agreement was administratively executed for additional services for design services necessary for the preparation of a technical memorandum evaluating the use of exflltration trenches in lieu of a stormwater pump. station in lake Pancoast, in the not to exceed amount of $15, 196; resulting in a revised contract fee of $2,811 and on October 2009, the Mayor and City Commission adopted Resolution No. 2009-27223, approving Amendment No. 1 9 to the Agreement which provided for additional design scope on Sunset Islands No. 3 and 4; in the not-to-exceed amount of 08,000; and on April13, 2011, the Mayor and City Commission adopted Resolution 2011 approving Amendment No. 20 to the to reallocate funds from construction administration to bidding and award services for the Neighborhood No. 8 Bayshore and Sunset Island, in the amount of $340,069.99, and decreasing the total construction administration budget from $371 to $31,371.01; resulting in no change to the overall contract fee, and on April13, 2011, the Mayor and City Commission adopted Resolution 2011-27644, approving Amendment No. 21 to the Agreement which provided additional services for design documents and permitting services to procure the DERM Tree Removal Permits for the Bayshore Neighborhood No. 8 and Sunset Island Projects, to participate in value engineering, for design modifications and associated re-permitting services to 431 incorporate the level of service review comments, for a total not-to-exceed amount of $198,71 in a revised contract fee of $3, 118,090.97; and on July 13, 2011, the Mayor and City commission adopted Resolution 2011-27683, approving Amendment No. 22 to the agreement which provided for additional Construction Administration services, for a period of twenty-six (26) months for the Bayshore Neighborhoods No. 8A, and Packages in the amount of $640,586, and $59,414, for reimbursables, for a grand total amount of $700,000, resulting in a revised contract sum of $3,818,090.97; and WHEREAS, the following Amendment No. 23, approves additional services for proposed to the Basis of Design Report for Neighborhood No. 8 Bayshore/Sunset (BOOR), as requested by the Central Bayshore Homeowner Association, as well as additional stormwater upgrades to the area known as Zone 4 for the Neighborhood No. 8A in the amount of $200,401, and $7,440, for Reimbursab!es, for a grand total amount of $207,841; resulting in a revised contract sum of $4,025,932. BE IT RESOLVED BY THE MAYOR AND THE COMMISSION OF THE CITY OF MIAMI FLORIDA that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 23 to the professional services agreement between the City of Miami Florida, and CH2M Hill for the Professional landscape Architectural and Engineering Services for the Right-of-Way Infrastructure Improvements Program for Neighborhood No. 8 and Sunset Islands, dated May 16, 2001, (the Agreement), in the negotiated not-to-exceed amounts of 200,401, for additional services for proposed changes to the Basis of Design Report for Neighborhood No. 8 Bayshore/Sunset Islands (BOOR), as requested by the Central Bayshore Homeowner Association, as well as for additional stormwater upgrades to the area known as Zone 4, for the Bayshore Neighborhood No. 8A package; also providing for $7,440, for Reimbursables, for a grand not-to-exceed total amount of $207,841, with previously appropriated stormwater bond funding. PASSED AND ADOPTED this I 3fi! T:\AGENDA\2012\6-6-12\E!ayshores\Bayshare-CH2MHill Amendment No. 23-RESO.docx 432 APPROVED AS TO FORM & LANGUAGE & TION B MIAMI City of Miami !lleach, 1700 Convention Center Drive. Miorni Beoch, Florido 33139, COMMITTEE MEMORANDUM TO Finance and Citywide Projects Committee FROM Kathie Brooks, Interim City Manager DATE July 9, 2012 SUBJECT AMENDING THE OF NEIGHBORHOOD NO. SA AND TO INCLUDE HOA AND ADDITIONAL MILLING AND The purpose of this informational memorandum is to provide general background for a discussion on amending the current of Design Review Report (BOOR) and associated funding impacts for the Central Bayshore neighborhood in order to incorporate the implementation of several Homeowner Association (HOA) requests; provide additional stormwater and to provide milling and resurfacing of the roadway in lieu of asphalt overlay. On May 16, 2001, the City of Miami Beach (City) adopted Resolution No. 2001-24387, approving and authorizing the execution of an agreement with CH2M Hill, Inc. (CH2M Hill) professional services for the Right-of-Way (ROW) Infrastructure Improvements Program for Neighborhood No. 8 -Bayshore and Islands project pursuant to Request for Qualifications (RFQ) No. i 34-99/00. The agreement was for planning, design, construction administration services for the collective Bayshore Neighborhoods which was originally one (1) project and was subsequently into five (5) individual projects via amendments to the original agreement. five projects included Central Bayshore Neighborhood 8A (Package SA), lower North Road Neighborhood SB (Package 8B), lake Pancoast Neighborhood 8C (Package 8C), and the Sunset Islands (Packages 80 and 8E). On April 9, 2003, the City Commission approved the Basis of Design Report (BOOR), completed and submitted by CH2M Hill for the Neighborhood No. 8 Bayshore I Sunset Islands Project This BODR was the culmination of a comprehensive planning effort that included input from r""'1'""\A1"' by various City Departments, and the Design Review Board (ORB). The first workshops occurred in 2001. A complete chronological summary of the history of the planning and design effort is attached as Exhibit A. 433 FCWPC Meeting -July 9, 2012 Page 2 of 9 ANALYSIS The Bayshore Neighborhood No. 8 Right-of-Way Improvements Project was one of thirteen neighborhood improvement projects included in a program developed by the City of Miami Beach to improve the quality of of its residents. The program included citywide water, wastewater and stormwater improvements; as well as a variety of streetscape enhancement projects. This Finance Committee Memorandum addresses two (2) of the Bayshore sub- neighborhoods; Central Bayshore Neighborhood No. 8 (Bid Package A) and the Lake Pancoast Neighborhood No. 8 (Bid Package C). Other neighborhoods such as Biscayne Point, Sunset Islands 1 & 2 & Venetian Islands have received additional unplanned improvements particularly for water and stormwater improvements and milling and resurfacing based on technical needs. After the planning and design Invitation to Bid (ITB) No. 18-09/i 0 was issued for Packages 8A/8C on December 31, 2009. Bids were received by the Review Panel (TRP), as of the City's standard Best Value Procurement process for the recommendation to award the construction contract. Pursuant to the Technical Review Panel's and City Manager's recommendation, the Mayor and City Commission adopted Resolution No. 2010- 27587 on December 8, 2010 authorizing the award of 8A and 8C to Lanzo Construction Co. of Florida (LCC) in the amount of 8,414,814.55 including contingency. first Notice to Proceed (NTP-1) was issued to LCC on August 19, 2011. The Pre- Construction conference took place on October 26, 2011 and the second Notice to Proceed (NTP-2) was issued on October 31, 2011. Construction mobilization took place on November 7, 2011. The project has a month schedule and is currently at 25% completion (refer to Exhibit E, LTC291-2011, dated 11-14-11). In early 2010, following completion of design and permitting for the Central Bayshore project area, the neighborhood association (HOA) requested that the City consider changing the width of some streets in the project area as well as some of the completed design. meetings highlighting this request took place as follows: • February 5, 2010-LTC advising commission of the design activity that has taken place for the project. • February 16, 2010 -The Neighborhoods and Community Affairs Committee Meeting. • March 8, 2010-Capital Improvement Oversight Committee Meeting. Report is sent via Commission Memorandum on May 12, 2010. • April, 2010 -The Bayshore HOA forwarded a to the CIP Department highlighting eleven (11) key issues/concerns (Refer to Exhibit B attached). A presentation board graphically depicting the 11 items was also submitted to the City by the HOA for issues/concerns were referenced and discussed at other publicly-noticed meetings, including: o May 25, 2010 -The Neighborhoods and Community Affairs Committee Meeting. o June 28, 2010 -LTC advising Commission of the current project activity. Package includes the CIPOC, March 8, 0 Meeting Minutes, April 12, 2010 HOA list of "11 Points", and May 25, 2010 Neighborhoods Committee Memorandum. o September 22, 201 0 -The Mayor's Blue Ribbon Bikeways Advisory Committee Meeting. On August 2011, and prior to commencement of construction, members of the Bayshore HOA met with to, request that the eleven (11) items be considered for incorporation into the project design. CIP approached the Public Works Department (PWD) in several 434 FCWPC Meeting-July 9, 2012 3 of9 instances to discuss possible options on behalf of the residents. Subsequent meetings and correspondence took place between CIP, PWD, Planning and the Parks Department, and a compromise was reached for the majority of the items. The final, agreed to, eleven (11) Points were to the residents during the publicly advertised Community Pre-Construction Meeting of August 31, 2011. requested changes were either not part of the BOOR, upon which the project design was developed, or were modifications to the BOOR Some of requested changes require modifications to the City's current Atlantic Network (AGN-Bike Route Master Plan), which will need to be updated should these recommendations approved by the City Commission. Some of the currently designed roadways were increased in width to accommodate bike lanes. It is important to underline that the Commission, in the past, has requested to not impact the landscaping by increasing the pavement width to accommodate for bike lanes. The plans will require this revision should the Commission decide to accept the modification to the BOOR the AGN. The plans will require a revision by the of Record to the currently permitted plans. Permits obtained to date are based on the current design and will also need to updated. The approved HOA requested items are listed below. For a complete summary and location plan of the eleven (11) points refer to Exhibits C-1, C-2, and 1. Narrow Sheridan Avenue from 30th Street to 40 1h Street from +/-32 feet to 24 feet and provide for a bike route (sharrow) and bus bays. The plans currently call for the street to remain the same width at +/-32 feet. There will be a credit for asphalt paving from the current budget and an increase for additional swales which should balance out. 2. Narrow North Meridian Avenue from Dade Boulevard to 28th Street and eliminate proposed bike lanes and replace with a bike path within the right-of-way adjacent to the golf course. Reduce the road width to 22 feet. Twenty two feet is the minimum width allowed on collector streets. The plans currently indicate an increased road width of 28 feet from existing 23 feet There will a credit for five feet of new roadway and elimination of the Bike lanes from the current budget and an increase for additional swales. 3. Remove Prairie Avenue from 28 1h Street to Dade Boulevard from the Central Bayshore of work this was already completed by Public Works in 2011. This is a full credit to the project 4. The HOA has also requested the removal of the Bike Lanes along Prairie Avenue from 28th to 40 1h Streets a reduction in roadway from 28 feet to 20 feet. PWD strongly recommended against this since the bike lanes already and are part of the adopted AGN and Prairie is a collector street No change is recommended to be made to the plans and would no change to the current budget. 4a. Alternative Request -In addition to the removal of Bike Lanes on Prairie Avenue, the residents have subsequently requested that Priarie Avenue be reduced to a minimum allowable roadway width for local roads and that an alternate bike facility be placed on Avenue. The residents have requested a Boulevard, however unless Royal is widened, which has not been the desire of the community, the only bicycle facility which could incorporated in this roadway would be sharrows. In added costs would be have to incurred for the reduction of Prairie Avenue. This alternative would require a to the current 435 FCWPC Meeting -July 9, 2012 4 of 9 plans and the currently adopted AGN, as well as generate an increase in the currently projected construction cost estimate being presented herein. The added cost is due to a reduction of roadway width from 28 to 22 feet which is not currently budgeted. 5. Maintain 28 1h Street from Sheridan to Prairie Avenues at 24 feet in width with the addition of sharrows in lieu of bike lanes. The plans currently indicate roadway widening to 28 feet with bike lanes. Redefine the current 10 foot wide multi-use sidewalk. from the south side of 281h to maintain connectivity with Sheridan Avenue. Establish connectivity to and North Meridian for safety. There will be a credit for four feet of new roadway the concrete sidewalk from the current budget and an increase for additional swales which should balance out. 6. Narrow 341h Street from Chase Avenue to Pine Tree Drive to 22 feet in width with sharrows. The plans currently indicate a road width of 28 with bike lanes. There will a credit for the asphalt and road widening since the existing roadway width is approximately 23 feet. 7. Fairgreen Drive to remain within its existing width of 16 feet. This can be accomplished by removing the scope of work from the ROW project and resurfacing the street as a maintenance project. The plans currently indicate a road widening to 20 feet. There would a credit for asphalt and road widening if the roadway remains at the current width. 8. current plans increase 31 51 Street from Sheridan Avenue to Tree Drive from an existing width of 15 feet to 20 feet in order to remain continuous with the remaining street width. HOA is willing to this as a compromise, therefore no change in the current plans is no additional cost is anticipated. 9. Eliminate all proposed mid-block. stamped asphalt decorative treatments and replace with concrete paver treatments. It is anticipated that the County will not approve mid block pedestrian crossings due to traffic safety concerns. Moreover, the BOOR would need to modified to eliminate the previously requested "traffic tables" and instead allow the Public Works department to conduct a traffic calming analysis along this corridor to determine if traffic calming is indeed warranted and what type of traffic calming facility would need to be incorporated to mitigate traffic concerns. Under this scenario the City would be in a better position to determine the type of traffic calming facility and b) allocate the adequate proper funding source for implementation 10. Eliminate all proposed stamped asphalt decorative crosswalks at intersections and replace with concrete paver treatments. With the exception of 40tn Street, current plans call for stamped asphalt changes to the current design plans will be made since a type of treatment outside of the adopted stamped asphalt could result in other neighborhoods generating similar requests throughout the City and funding to be in concert with all neighborhoods. Additional funds would be required for this change which is not currently programmed. 11. Eliminate the proposed Royal species on the south side of 401h Street as they are sporadically spaced and replace with Mahogany Add more canopy trees wherever possible as per the recently completed plan submitted by the HOA. (Refer to Exhibit C-3). Current permitted plans include up-lighting which could be removed from the scope. plans will need to be modified to reflect these changes at minimal or no cost. 436 FCWPC Meeting -July 9, 2012 5 of 9 Pursuant to the aforementioned requests by the HOA, the City is bringing forth these changes as part of the current project construction work. The engineer of record would need to revise the existing plans and submit applications for revised permits to the applicable governmental agencies. The HOA requested are not expected to require a significant in construction cost, based upon preliminary estimates. A detailed estimate of probable cost will be submitted by the consultant once revised construction documents are completed. The Bayshore neighborhood is bounded by the environmentally sensitive Biscayne Aquatic which is also an Outstanding Florida Water (OFW) and intracoastal waterway. The area has relatively low-lying and flat topography that experiences high intensity rainfall, significant tidal influence, limited soil storage infiltration, and very limited swale storage capacity due to a high distribution of impervious area. The Central Bayshore Neighborhood's current stormwater management system consists primarily of outfalls served by swales, inlets, storm drains, and culverts. The existing design is based upon the recommendations of the City's 1997 Stormwater Master Plan and the subsequent Bayshore neighborhood BOOR. The City's stormwater master plan consultant, COM Smith, undertook an extensive stormwater analysis of the Bayshore Neighborhood. The current analysis makes use of modeling from the Draft Stormwater Plan, which is more sophisticated than the 1997 Stormwater Master Plan. The stormwater master determined that Pump Station No. 2 located between Pine Tree Dr. and Flamingo Dr., can be replaced with a system based on gravity wells and upsized outfalls. Pump Station No. 2 could then be relocated in a more needed location to the area of 28th St. and Fairgreen Drive and be used to provide additional stormwater infrastructure within Zone 4 and the North Meridian collection system indicated in Exhibit D-2. After a major storm event that occurred on October 30, 2011, which flooded a substantial area of the Central Bayshore neighborhood, the PWD and CIP were approached by concerned residents. residents requested for the City to expedite revisions to the design of the stormwater facilities to provide additional relief from potential flooding conditions within the time!ine ofthe current construction contract (refer to Exhibit D-1). The Central Bayshore neighborhood's current stormwater system consists primarily of outfalls served by swales, inlets, storm drains, and culverts which currently do not meet the 5 year level of Engineer of Record is proposing changes outlined below. For a complete summary of the changes and location of the area refer to Exhibits D-1 and D-2: 1. Provide design for a stormwater collection system to serve the southwest portion of the Central Bayshore area with boundaries roughly defined by W. Street to the south, Prairie Avenue to the west, Sheridan Avenue to east and W. 34th Street to the north. estimated construction cost for this item is $1,1 134 and is detailed in Exhibit F-1 attached. 2. Provide a design for the replacement of the existing collection on North Meridian Avenue, between W. 28th and Dade Boulevard and tie into the recently constructed 36-inch outfall on Dade Boulevard. The estimated construction cost for this item is $341,400 and is detailed in F-1 <>tt'" .... '"'""t1 437 FCWPC Meeting -July 9, 2012 Page 6 of 9 3. In conjunction with the roadway rev1s1ons, valley gutters shall also be provided as appropriate to direct flow to the collection system throughout the project area, as the limited capacity of the swales within the right of way does not allow for adequate """"''"''"'""" and storage. The estimated construction cost for this item is $1,250,665 in Exhibit attached. 4. To reduce costs and allow for the addition of Item 1 above, relocate the pump station and pressure injection wells in the basin currently known as Pump Station No. 2 between Pine Tree and Flamingo Drives in the northeast portion of the Central Bayshore area. The collection and disposal system along Flamingo Drive will be redesigned to incorporate gravity disposal wells and an upgrade to the existing outfall. The estimated construction cost for this item is $197,712 and is detailed in Exhibit F-3 attached. 5. In associated with construction of stormwater improvements, roadway restoration finishing is estimated to cost $493,395. For the Lake Pancoast Neighborhood, stormwater funding in the amount of $235,800 is being requested for the potential installation of additional valley gutters, swale reclamation and storage. Included in all funding requests are hard costs, contingency, soft costs and CIP Fees. ADDITIONAL WATER AND SEWER FUNDING For the Central Bayshore Neighborhood, water & sewer funding in the amount of $296,037 is needed for construction more appropriately allocating the proper distribution of above ground funding between water, stormwater and above ground efforts. For the Lake Pancoast Neighborhood, water & sewer funding in the amount of $21,480 is needed for construction more appropriately allocating the proper distribution of above ground funding between water, stormwater and above ground efforts. MILLING AND RESURFACING OF ROADWAYS The existing project plans call for a pavement overlay on all the neighborhood streets. Field investigations during construction have identified the existing pavement to be in worse condition than what may have been originally anticipated, as a result of pavement deterioration and distress through the years .. The Engineer of Record (EOR) has stated that the condition of the roadway is not sustainable for the long term. Both the resident project representative (RPR) and the EOR have recommended milling and resurfacing where required to provide a more durable pavement. The original BOOR recommended that all roads within the Central Bayshore neighborhood be resurfaced with a one (1) inch overlay of asphalt and that milling of the roadway be limited to areas where there is excessive scarring or where the grade (slope) of the road needs to be modified to support stormwater drainage. Milling is a process that grinds the existing asphalt surface to change the slope of the surface and to assist bonding between the existing and new asphalt courses. Only 20% of the existing road surface was projected to require milling prior to resurfacing to address scarring and grading issues. The estimated construction cost for the milling and resurfacing of the roadways within the Central Bayshore project is $986,789 and is detailed in Exhibit F-4 attached. However, the amount of above ground funding net of the portions funded by stormwater and water and sewer is $197,357. A credit for the deletion of Prairie Avenue in the amount of $93,211 is also included. 438 FCWPC Meeting -July 9, 2012 Page 7 of 9 In addition, the estimated construction cost for the milling and resurfacing of the within the lake Pancoast project is $71 ,500 as also detailed in Exhibit F-4 attached. However, the amount of above ground funding net of the portions funded by stormwater and water and sewer is $14,000. The City desires to include the requested as part of the current project construction work. The EOR would the existing plans and submit applications for permits to the applicable governmental agencies. The additional cost required for stormwater and pavement upgrades is being as part of the capital budget process pursuant to a budget level estimate of probable cost submitted by the EOR, CH2M Hill. If the City Commission to move forward with the HOA requested rev1s1ons and additional storm water improvements, it will be necessary for the City to contract additional engineering services to CH2M Hill to provide design services to revise construction documents, as well as permitting services to update all necessary permits affected by the proposed design In an effort to execute the additional work in a seamless and expeditious manner, it is anticipated that all project design changes will be incorporated into Lanzo's construction contract by change order, using the current unit pricing provided for in the contract Many of the changes are simply modifications to existing contract items with incorporation into the contract being a straightforward process. However, some of the items will involve new construction not included in the original contract schedule when this project was issued bid. It merits underlining that the current budgetary figure being presented will need to be fine tuned and negotiated with the contractor at the time the EOR has finalized the design and has prepared a detailed opinion of cost to a recommendation by the Finance Committee, the fee being requested by CH2M Hill to implement the design and develop a detailed opinion of cost for this project will be presented at the July 18th commission meeting and is estimated at $207,841.00, including reimbursable expenses. The funding to exercise this amendment is already included in the current budget for this project; therefore no additional funding is required. The current budget level construction cost estimate is attached herein in Exhibits thru F-4. In order to proceed with construction of the items requested, the following additional funding is being requested in the 2013 capital budget: A Above Ground Funding $ 246,006 The additional scope includes hard cost, contingency, soft cost and CIP fees for additional milling and Additional funding is as follows: Construction Cost Contingency Consulting/Engineering/Field Services Total 439 $197,357 $ 19,846 $ 15,000 $246,006 FCWPC Meeting -July 9, 2012 Page 8 of 9 Additional Water & Sewer Funding Request: $ 346,807 The additional scope includes hard cost, contingency and CIP fees to offset the additional cost for milling and resurfacing (pavement restoration) required by the installation of water mains, appurtenances and fire hydrants. Additional funding request is as follows: Construction Cost Contingency CIP Fees (new scope and adjust to 6.5%) Total Additional Stormwater $296,037 $ 29,604 $ 21 '166 $346,807 The additional scope Includes hard cost, contingency CIP fees for the installation 24" valley gutters; relocating pump station #4 and replacing with gravity wells; additional Stormwater collection (phase II); and Meridian Ave. Stormwater collection, and the portion of milling and resurfacing (pavement restoration) required for the installation of structures. Additional funding request is as follows: Construction Cost Contingency CIP Fees Total Bayshore C (Lake Pancoast) Funding: $3,425,306 $ 342,531 $ 186.232 $3,954,069 Additional Above Ground Funding Request: $ 14,000 The additional scope includes hard cost (construction) for additional milling and resurfacing (pavement restoration). Additional Water & Sewer Funding Request: $ 28,216 The additional scope includes hard cost, contingency and CIP fees to offset the additional cost for milling and resurfacing (pavement restoration) required by the installation of water mains, appurtenances and fire hydrants. Additional funding request is as follows: Construction Cost Contingency CIP Fees (new scope and adjust to 6.5%) Total $21,480 $ 2,148 $ 4.588 $28,216 Additional Stormwater Funding Request: $347,509 The additional scope includes hard cost, contingency and CIP fees for the installation of 24" valley gutters, and the portion of milling and resurfacing (pavement restoration) required for the installation of drainage structures. Additional funding request is as follows: Construction Cost Contingency CJP Fees (new scope and adjust to 6.5%) Total 440 $235,800 $ 23,580 $ 63,129 $347,509 FCWPC Meeting -July 9, 2012 9 of 9 The above information is provided to facilitate the of whether or not to proceed with the revision to the plans for the requested improvements which are outside of the current BOOR for the Central Bayshore neighborhood. KGB/JMG/FB/FV 441 Exhibit C ITB 184!1/10 UNIT PRICE BID BREAlDOWI'j ·PHASE II STORMWATER COLLECTION-I.ANZO SCHEDULE Of VALUES lfl UIAl9/l0 -RIGHT -OF-WAY IMPROVEMENTS-NEIG!IlOI!IIOOO NO.8 CENTRAL BAYSHORE (PACKAGE A) ANO I.AKE PANCOAST (PACKAG€ C) f.ltoro Conrtruetioo Co., Florida lA -General Condl~ons (l'i<k~go AI Gravity Wells lA • Stormwottr {P.,aoge AI 4A-Pavement and Streetscape (Packag:e A) CENTRAL BAYSHORE (PACKAGE A· Phase II) DESCRIPTION nerete aoron Offset drainage mlet with vallev gutter and storm manhole top TypeD inlet, lO' dia, w/storm manhole top 18'' dia. drainage pipe 2.110 3.02.b 24" dia. drainage pipe 3.02.c 15" dia. drainage pipe 3.02.d 3.02.e 36" dia. drainage ipe 3,o:u 48" dia. drainage pipe 42'' dia. drainage pipe 14"X30" elliptical drainage pipe 3.03.a Conr.ect new drainage pipe to ~xisting drainage structure 3.14.a Remove existing storm drainage manhole or catch basin 3.14,b Remove eltistio~ storm sewer pioe U4.c Seal hole in ex;stin draina e structure 3.19.a CCTV inspection of existing gravity sewer Conflict delays {28th St -S-crew days each) 3.0Lm 3.0Ln 442 Exhibit C ncrete apron TypeD inlet, 5' dia, w/storm manhole top 443 Exhibit D ITB 1&49{10 Vl'f!f PRICE BID BREAKDOWN -PHASE II STORMWATER COllECTION-FINAl NEGOTIATED SCKE!liJI! OF VAWES PROJECT: I1Tllll4!9/11l • RIGiff-OF·WAY IMPROVEMENTS-NEIGHBORHOOD NO.8 CENTRAL BAYSHORE (PACKAGtA) AND LAKE PAI'fCOAST{PAC!!AGECI COMPANY NAME: ]laM!~ Construction C..., Florida Cll.tnco Order !o<ldi!IOM! qiiitld!ii>Jj s...........,. l>ad<l£0A lA • Go•tt.-.1 Cl»tdltloM (l'l><kOj!e A) Grawity Wells 1A • Material Escalation IPachage Aj 3A • Stormwater IPKha!W A) 4A • Pavement and S!n!OUUpa !Package A) CENTRAL BAYSHORE !PACKAGE A-Phase II) ..\2000 PVC Pipe Material Fuel Escalation Lime rock, Read base Washes Rock, Subbase DESCRIPTION 3.01 D 'TypeD inlet, 5' dia. w/storm manhole top 3.01 q TypeD inlet, 6' dia., w/storm manhole top 3,0Lr TypeD inlet~ 7' dia. w/storm manhole top 3.01 s fype 0 inlet. 8' dla. w/storm manhole top 3.0Lt Offset drainage inlet with valley gutter and storm manhole top TypeD inlet, 10' dia, w/storm manhole top 3.02 b 24" dia. dralfill$ilf pj~ 3.02.c 15" dia, drainage pipe 3,02.d 30" d1a, drainage pipe 14"X30" elliptrcal drainage pipe 3 Ol.n TypeD inlet, 7' dia, w/t:v~ "D" frame & grate, w/con~rete apron 444 Total 130.00 120.00 $126,000.00 100.00 $4,500.00 900.00 $0.00 425.00 $0.00 15.00 so.oo 400.00 $375,000.00 $392,074.62 $112,338.92 $1,881,860.00 $2,574,286.10 $5,335,559.64 ATKINS COMMENTS Exhibit D 445 Exhibit E ITS Ul-09/10 ·I'IIAS! II CRfi>ITS 10 -RIGHT -QF-WAY IMPROVEMENTS-NEIGHBORHOOD NO.8 CENTRAL $11\'SHOII£ (PACKAGE Aj AND LAKE PANCOAST (PACKAGE C1 Totlll Crodlt< CENTMl BAYSHORE {PACKAGE A)· CREDITS TOTAl 3,500.00 $0.00 2,200.00 2,200-00 2,90(1.00 2.900,00 12.00 2,200,00 TypeD inlet, 5' die~_, w/curb & gutter top 1,900.00 TypeD m!et. 4' dia, w/t'{pe ~o·· frame & grate 2,000,00 fvp~ D inlet, 4' dia. w/typif:li ~D" frillme & grate, w/concrete apron TypeD inlet. 5" die, w}type ~a" fn~me & gr<':llte, w/concrete apron EA 3.0l.m Tvf*! D inlet, 6' dia. w/tvpe ~D" fr<'llme & grate, w/wncrete apron EA 3.0l.n Ty_p<!! D in!!!!t, 7' dia, w/tyoe "D"' frame & grate, w/concrete apron EA 3.01,0 fype C inlet w/c:oncret!il! apron EA 3Dl,p TypeD lnlet, 5' dla. w/storm manhole top EA 2,800 00 EA $ 3,200 00 EA $ 3,700.00 EA $ 5,300.00 EA 4,200.00 lf $ 54,00 Lf 58.00 Lf 45,00 Storm W<~~ter pump'u1g 1ti31tion 16"' Restraif"'i!!d joint, OIP s,torm water force maln lF 24'" R<estralned jmn.t, DIP $torm water force mam lF $-11.00 30"' Restrained jo1nt, OIP storm water force maln lF 285.00 $0.00 &ter force maim lS 4,00 $0.00 Hi"' Resl!ient wedge gate valve EA 4,400.00 $0.00 EA 50,000 00 $0.00 lf 160,00 $-11.00 lF s 300 00 $0.00 lF s 40,00 $0.00 3.19.• ccrv in~p&tlon of existlng gravity sewer 3.20,a 3.20.b 3.20.c 3.20.d 3.21 .• 446 Driveway restoration· asphalt Driveway restoration ·concrete Driveway restorat1on -remove & stack/store existing brick pavers Temporary pavement markings 24" thermoplastk: stop bars 12" thermoplastic crosswalk markings 4.16.b Asphalt concrete, type S-Ill, 1" thick 4,16,c Temporarv asphalt concrete, type S-Ill, 1" thick 4,l6,d Asphalt concrete, type S-Ill, leveling course 4.17.a Asphalt milling, variable depth, up to 2" Exhibit E 447 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 -$325,000.00 Full Credit $0.00 $0.00 $0.00 so.oo $0.00 -$17,220.00 Full Credit -$1,500.00 Full Credit -$7,600.00 Full Credit -$20,400.00 Full Credit ~ ~ 00 Item Sheridan Avenue North Meridian Ave. s -i&i. stiOO¥i;; 4 4a # 10 fnttruhm!<m <d till\;> bdllty I<> Royal Palm Avenue. :.H~ib .. Str~~t Intersections 11 lShade Trees Current p!an~,;~fi~·;;:··a·n··in~~ease'!~--ro~d 1..'Vidth from +!-23 feet to 28 feet from Metld;an Ave, to Pir.e Tree Dr!ve., nn nnnnnnn'n nnnnnn reflect an increase 1n road frcm +f~ 23 feet to 28 feet from electrical upilghts, Trave! lane wili be reduced to 24 T~~-~-~r;-~-;.;--~i'ii"b·e··reauced' to 22 feet V<ith sharro~JV~L upiights mere as a t,.,1.srid;an., EXHIBIT F CENTRAL BAYSHORE A HOA Compromise-11 Points -ADOPTED refers to reduction of to 30th Street No isr:es or ShatrO\·W in the BOOR Bike lanes vegetatior: '...ere incorporated following adopt;on of need to remove existing AGN ''" '"" "" ...• """"""'" YES -Since there is no mention of Bike iar..:;s ;r: the BOOR YES -Since there ;s no ment;on of bike lnorease !n cost to jLanes or Facilities in the BOOR since Prairie Avenue --~NO"~'T"hi~··fa·ci!it·y··i~--~~t";;~~iiO~~d-·i~··tna 80DR YEs··~··si·~·;~··there ls--;.;-~'~'~'t;;~··;;x·a·i·k·e lanes or Sharro'I>'S in the BOOR """""""'""" ......... .-not mentioned in the NO-31st Street is not mentioned in the 80DR Credit back jv'ES':"BODR';~ii'S for mid-biock traffic calming, oo;;;-pT;ted"~'h-~~d··;;f·t·ime .tain··Blke Lan-~--f~c;T!ty--;;,;i-;h"iS"6XiS.ti·ng vegetation incr;;~;;t;;;g-t-;t;;;:;o·o·d···re~~-less room for street trees and mora paver 1 N';"~;;;ti~;,r~~se··i;;··i~;e··p-~)act Must be w Sheridan Avenue from 30th Sb'Qi;l"·t to 40th: $tf(Hrt from 4-f,.c'l-1 feet to 24 feet and provide for a bike route (sharrow) and bus bays. $Reduce the road width to 22 feet. ""~ ""'"""'"""""""""""" nn••••• •••••• nnnnnnnnnnnnnn'""'""""""""""""""" n••••••-' nnnnn ~ Remove Prairie Avenue from 28th Street to Dade Boulevard from the Central Bayshore of work since this project was already completed by Publlc in 2011. a~·g;"i~--~~·e·om·mended to b~ ,~,~d';"t;;"the 'Pi~~s and there be no change to the current budget. ;yt;'HQA'j;;';ilii~i}"io aeeept this as a comP~~~i';;';"th'~refora i'i{j: change in the current plans Is expected and no additional ~.cmt is anticipated • El'l~i~~t~":;'ii"P~~·p·;;~~d mid-block ata;;p;;t;;;ph:;'it'd~'~orativa reatments and replace with concrete paver treatments. all p;;;-p;;;,d--;t~;;;p;d··a~ph·alt decorative ~r4$ll<W.ial1t'!k at intersections and replace with concrete paver *No changes to the current design plans will be mads. the pr~ Royal 'P~i'~";;p~~i·~-~--~·~··the south side Street as they are sporadically spaced and replace with species. more canopy trees wherever possible as per the recently completed plan submitted by the HOA.. ~At ~he request of Comm!ssioner Wei thor:: at FCWPC fl/!eeting of Ju!v 9, 3/4/2013 May 31, 2012 Ms. Maria Hernandez City of Miami Beach Exhibit G -1 CAPITAL IMPROVEMENT PROJECTS OFFICE 777 - 1 ih Street, 3'd Floor Miami Beach, FL 33139 via email RE: Central Bayshore "A" & "C"; Trench Pavement Restoration Ms. Hernandez, As requested by the City of Miami Beach (City), Atkins is herein providing an explanation and analysis of Lanzo's recent Trench Pavement Restoration work on the Subject Project. The post-trench pavement restoration photos shown below provided during the May 3, 2012· Progress · Meeting, illustrate the temporary trench asphalt restoration on W. 26 1h St. Eastbound W. 26 St. Photos by CMB-PWD The irregularity of the trench excavation was related to an expanded trench excavation during the installation of the new 8"0 WM. as the existing sanitary sewer main line and several laterals were found to be damaged and leaking in addition to encountering unstable existing sub-grade conditions. The pavement restoration irregularity was accepted on the basis that the road will be re-excavated to install new water services and a fire hydrant and is considered a temporary restoration per Section 01530, 1. 04- B. which states:"Temporarv Resurfacing: Whenever required by the public authorities having jurisdiction, the CONTRACTOR shall place temporary surfacing promptly after backfilling and shall maintain such surfacing for the period time fixed by said authorities before proceeding with the final restoration of improvements. n The expansion of the trench during the above excavation at times precluded the ability to strictly adhere to the specification section 1.04 A. which states in part "All pavements which are subject to partial removal shall be neatly saw cut in straight lines." The following photos taken by ATKINS show there-excavation of the same area during May glh and May1 orh, 2012 to install the new fire hydrant and watetr services. ATKINS will ensure that the trench edges are saw cut prior to the S-Ill asphalt overlay per the specifications. 1 449 The additional post-trench restoration photos below provided during the May 3, 2012 Progress Meeting show the temporary asphalt restoration on W. 251h St. The trench restoration paving was also done expeditiously to minimize the construction impact to the local residents and visitors and to reopen the road to vehicular traffic as soon as reasonably possible. The pavement restoration is irregular and was accepted due to the fact that the road will be re-excavated to install the new storm drainage system and it is a temporary restoration as per aforementioned Section 01530, 1.04-B. Westbound W . .25 St. Photos bll' CMB-PWD The following is a group of photos taken by ATKINS show there-excavation of the same area dated May 10 1h, 2012 to install the new Storm Drainage System. 2 450 Per the construction drawings PGD03 and PGD04, W. St. and W. 26 1h St. are scheduled to be overlaid with 1 inch minimum FDOT TYPE S-Ill asphalt, as per Detail11 on PDG07. Note: Due to the existing conditions of those roads, an asphalt leveling course may be required to achieve the desired grades and slopes. • Prior to the permanent resurfacing as per 01530, 1.04-C states:: "Permanent Resurfacing: In order to obtain a satisfactory junction with adjacent surfaces, the CONTRACTOR shall saw, cut back and trim the edge so as to provide a clean, sound, vertical joint before permanent replacement of an excavated or damaged portion of pavement". Atkins will inspect the surface conditions of the road surface prior to the permanent resurfacing to ensure the desired grades and slopes will be achieved and to ensure the surface is acceptable for the final overlay. Other conditions have been noted on the project where pavement cracking is evident near completed trench restoration. Photos of these occurrences are below: North Meridian Avenue: Pavement cracking adiacent to temporary trench restoration 3 451 West 25 1h Street; Pavement cracking near restored trenches The above photographs demonstrate the potential for adjacent pavement cracking as trenches are open, dewatered, pipe installed, etc. This cracking could be from a number of factors, including aging and fatigued pavement, and shifting subgrade and base when trenches are open. Pavement cracks can increase in size as shown in the closeup photo, and are more significant than cosmetic cracks. Although this cracking is adjacent to and appears to be related to the open trenches, cracking also exists on other roads within the area that do not appear to be directly related to any trenching on this project. A few examples of these conditions are shown below, demonstrating that existing subgrade, base and pavement is aging and cracking is prevalent. West 281 h Street: Pavement cracking In areas where trenching was in swale area THESE RESULTS POINT TO THE POTENTIAL NEED FOR MILLING AND RESURFACING OF AFFECTED ROADS IN LIEU OF THE OVERLAY, TO AVOID FUTURE "REFLECTIVE CRACKING" OF THE OVERLAY FROM THE EXISTING PAVEMENT CRACKS. Pavement Restoration with minimal irregularities and minor adjacent pavement crac~lng Multiple areas of the project have been completed where the trenching was carried out with straight saw cuts and the temporary pavement restoration completed with minimal apparent distress to the existing adjacent pavement. Photos of these areas are included in Appendix A of this report. The potential reasons for this are likely related to roadways with more stable subgrade and base than other areas, and no dewatering required during the pipe installation. Construction Plan Sheets related to the areas of irregular pavement restoration are included in Appendix B and related Contract Specifications to pavement restoration are included as Appendix C. 4 452 Should you have any comments on the report, please contact Herminia Gonzalez, P.E. at 305-514-3225. Sincerely, David J.Carter Sr. Vice President Appendices: A: Photographs of Pavement Restoration with minimal irregularities and minor adjacent pavement cracking B: Plan Sheets related to areas of Irregular Pavement Restoration C: Relevant Specification Sections 5 453 City Restoration with 454 Pavement Restoration: Chase Avenue service alley; No apparent cracking of existing pavement: potholes filled by construction crew in right photo. Pavement Restoration: Chase Avenue service alley I North Meridian; Note some cracking of existing pavement Pavement Restoration: North Meridian; Note adjacent pavement crack in left photo 455 Pavement Restoration: West 29th St.; No Pavement restoration: Sheridan Note existing pavement cracks __ ,, __ . __ restoration 456 to City Miami "A" & Trench to areas 457 458 ~ CJ'I <0 i J £ } ! ~ ~ • ~ ~ J ! I I r • ,j 'I I 't 'I i :~,, ' ' ~ ',, ----',1 f ' I i f l __ , _______ 1-..J-:----.... J. ... _ --------MATCH LINE STA 5+94 MATCH LINE STA. 7+74 :t::~ CH2MHILL •• _..:;< ,.,¥_fii{.,v.)f..$~lft. f(-.~·;t ~-~ '"*"*'11<,4V~--&-M«.Iu<y.,.., '«4>4<'{-.,-,,..,_.-<'<'H'>'?f>Y-Y,,,': ..YW'ch~,.,_,V/1'--M{; 'h> ,.,.y,,}>;•<-.< ~' '': ';;__: ___ -'; t_l:l. ' !!IG!iiloHt;QUU N<liHoAYSOOI\EISUNSH P~CKA(jf C, tAKe f'ANCOAST PAVING AJII)G>W.Ili<G !V4'1 :1i\TH ST. fl.Ar.t!NCO Of<. fi..AMlNGC Pl ll'>dlolllwl 1-tii0-4:12-4Jll ~ ~~~f$Wi><=M<,W4 460 "A" & 461 I I· I I I I I I I I I I I 3.03 TRANSITION FROM EXISTING TO NEW WORK A When new work abuts or is finished flush with existing work, make a smooth and workmanlike transition. Patched work shall match existing adjacent work in texture and appearance so that the patch of transition is invisible at a distance of 5 feet. 8, When finished surfaces are cut in such a way that a smooth transition with new work is not possible, terminate existing surface in a neat manner along a straight line at a natural line of division, and provide trim appropriate to finished surface. 3.04 CLEANING A Perform periodic and final cleaning as specified in Section 01710, entitled" Cleaning". B. At completion of the work of each trade, clean area and make surfaces ready for work of successive trades. C. At completion of alterations work in each area, provide final cleaning and return space to a condition suitable for use. PART 2-PRODUCTS (Not Applicable) PART 3-EXECUTION (Not Applicable) -END OF SECTION - GENERAL PROJECT PROCEDURES 01031-3 462 NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE (PACKAGE "A") LAKE PANCOAST (PACKAGE "C") OCTOBER 2010 C Should conditions of work or the schedule indicate a change of products from the original installation, CONTRACTOR shall submit request for substitution as specified in the General Conditions. D. Submit written notice to CONSULTANT and CITY designating the date and time the work will be uncovered. PART 2-PRODUCTS 2.01 MATERIALS A. Comply with specificat~.:ms and standards for each specific product involved PART 3 -EXECUTION 3.01 INSPECTION A. The CONTRACTOR shall inspect existing conditions of project, including elements subject to damage or to movement during cutting and patching. 8. After uncovering the work, inspect conditions affecting installation of products, or performance of work. C. Report unsatisfactory or questionable conditions affecting installation of products, or performance of work, in advance of installation, or performance of work. 3.02 PREPARATION A. Provide adequate temporary support as necessary to assure structural value or integrity of affected portion of work. 8. Provide devices and methods to protect other portions of project from damage. C, Provide protection from elements for that portion of the project which may be exposed by cutting and patching work, and maintain excavations free from water. 3.03 PERFORMANCE A. Execute cutting and demolition by methods which will prevent damage to other work, and will provide proper surfaces to receive installation of repairs. 8. Execute excavating and backfilling by methods which will prevent settlement or damage to other work. C Employ original Installer or Fabricator to perform cutting and patching for: i. Weather-exposed or moisture-resistant elements. 2. Sight-exposed finished surfaces. CUTTING AND PATCHING 01045-2 463 NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE (PACKAGE "A"') LAKE PANCOAST (PACKAGE "C") OCTOBER 2010 I I I I I I I I I I I I I I I I I I I pavement breaking or excavation shall be started until all survey or other permanent marker points that will be disturbed by the construction operations have been properly referenced. All survey markers or points disturbed by the CONTRACTOR shall be accurately restored after all street or roadway resurfacing has been completed. 1.04 RESTORATION OF PAVEMENT A. General: All paved areas including asphaltic concrete berms cut or damaged during construction shall be replaced with similar materials and of equal thickness to match the existing adjacent undisturbed areas, where specific resurfacing requirements have been called for in the Contract Documents or in the requirements of the agency issuing the permit. All temporary and permanent pavement shall conform to the requirements of the affected pavement owner. All pavements which are subject to partial removal shall be neatly saw cut in straight lines. 8 Temporary Resurfacing: Wherever required by the public authorities having jurisdiction, the CONTRACTOR shall place temporary surfacing promptly after backfilling and shall maintain such surfacing for the period of time fixed by said authorities before proceeding with the final restoration of improvements. C. Permanent Resurfacing: In order to obtain a satisfactory junction with adjacent surfaces, the CONTRACTOR shall saw, cut back and trim the edge so as to provide a clean, sound, vertical joint before permanent replacement of an excavated or damaged portion of pavement. Damaged edges of pavement along excavations and elsewhere shall be trimmed back by saw cutting in straight lines. All pavement restoration and other facilities restoration shall be constructed to finish grades compatible with adjacent undisturbed pavement as follows: 1. Pavement shall be restored at a minimum straight and parallel to the existing trench line along the length ofthe trench, at a minimum of two feet beyond the widest part of disturbed asphalt 2. If final restored pavement falls within two feet of existing or proposed cuts, CONTRACTOR shall pave to the curb. 3. If disturbance is deemed by CONSULTANT to be more than 75 percent, at CONSULTANT's opinion, CONTRACTOR shall resurface the entire lane, including striping as necessary. D. Restoration of Sidewalks or Private Driveways: Wherever sidewalks or private roads have been removed for purposes of construction, the CONTRACTOR shall place suitable temporary sidewalks or roadways promptly after backfilling and shall maintain them in satisfactory condition for the period of time fixed by the authorities having jurisdiction over the affected portions before proceeding with the final restoration or, if no such period of times is so fixed, the CONTRACTOR shall maintain said temporary sidewalks or roadways until the final restoration thereof has been made. 1.05 EXISTING UTILITIES AND IMPROVEMENTS A. General: The CONTRACTOR shall protect all Underground Utilities and other improvements which may be impaired during construction operations. It shall be the PROTECTION OF EXISTING FACILITIES 01530-2 464 NEIGHBORHOOD NO. 8 CENTRAL BAYSHORE (PACKAGE A) LAKE PANCOAST (PACKAGE C) OCTOBER 201 0 I I I I I I I I I I I I I I I I I I I 3.05 3.06 3. Application: a. Fill cracks over 1/16 inch in width with an asphalt-sand slurry or approved crack sealer prior to sealing. b. When sealing patched surfaces and joints with existing pavements, extend minimum 6 inches beyond edges of patches. PATCHING A. Preparation: Remove damaged, broken, or unsound asphalt concrete adjacent to patches. Trim to straight lines exposing smooth, sound, vertical edges. 2. Prepare patch subgrade as specified. B. Application: C. D. 1. Patch Thickness: 3 inches or thickness of adjacent asphalt concrete, whichever is greater. 2. Place asphalt concrete mix across full width of patch in layers of equal thickness. 3. Spread and grade asphalt concrete with hand tools or mechanical spreader, depending on size of area to be patched. Compaction: Roll patches with power rollers capable of providing compression of 200 to 300 pounds per linear inch. Use hand tampers where rolling is impractical. 2 Begin rollil'!g top course at edges of patches, lapping adjacent asphalt surface at least 1/2 the roller width. Progress toward center of patch overlapping each preceding track by at least 1/2 the width of roller. 3. Make sufficient passes over entire area to remove roller marks and to produce desired finished surface. Tolerances: 2. Finished surface shall be flush with and match grade, slope, and crown of adjacent surface. Tolerance: Surface smoothness shall not deviate more than plus 1/4 inch or minus 0 inch when a straightedge is laid across patched area between edges of new pavement and surface of old surfacing. FIELD QUALITY CONTROL A General Provide services of an approved certified independent testing laboratory to conduct tests. 8 Field Density Tests: 1. Perform tests from cores or sawed samples. ASPHALT CONCRETE PAVEMENT 02772-6 465 NEIGHBORHOOD NO. 8 CENTRAL BAYSHORE (PACKAGE "A") LAKE PANCOAST (PACKAGE "C") OCTOBER 2010 466 Exhibit -2 MEMORANDUM CHZV"HlLL Central Bayshore -Pavement Condition and Recommendations PREPARED FOR COPY TO: PREPARED BY DATE: PROJECT NUMBER. Fernando Vasquez/CIP Darlene Fernandez/CIP Maria Hernandez/CIP Walt Schwarz October 29, 2012 399137.CA.PA.01 Construction in the Central Bayshore and Lake Pancoast neighborhoods has been underway for over a year. During this time, installation of water main and stormwater collection system components has demonstrated that much of the pavement on the residential streets in the project area does not meet City standards and in many cases is badly deteriorated. The collector streets, such as Chase and 401 " St., are in better overall condition. The condition of the pavement is not unexpected: the original design for the project area included full-depth pavement reconstruction. However, this component of the work was considerably reduced, to just Lower North Bay Road and portions of Lake Pancoast, to reduce the overall cost of the project(s). Excavations for pipe installation show that the asphalt thickness is the primary concern, being considerably less than 2 inches thick in many locations with the presence of surface cracking, settling and small potholes. The pavement condition has b.::en documented by the CEI for the project (Atkins) during the course of ccnst:ucticn activities, mostly from the perspective of the difficulty of providing suitable trench repair until the final road surfacing can be completed. City inspection staff (CIP) and engineering staff from the DPW have also been advised of the conditions. Cracking can be seen in the photo below on North Meridian along the golf course, which also demonstrates some of the problems encountered with temporary trench repair and the ability to control the amount of existing pavement removed. Water main installation on Fairgreen Drive resulted in the need to provide a "full width" trench repair to restore the pavement to a drivable condition. Similar pavement deterioration is evidenced in W. 28t" St. where the pipe work was in the swale area. 467 Work in the project area to date indicates a number of areas where the is severely deficient as evidenced by the exposure made trench excavation. • Most of the streets in the area" Alton and N. Meridian near the The • Fairgreen Ave. • W. 28 St from Pine Tree Dr. to Prairie Ave. • Road from 28th St. to St • Meridian Ave. from St. to Dade Blvd. " Flamingo Place between and 26'h Streets standard pavement section used for this is as shown below: E:1:)E :OF ~.~~..,E>J.P!T ," Trl E :o-111 ',:·H.'Lll• :::•,.:H!TE -1'1 'H UP1·. ''E c \ UFT r IE .. , ·•. '1TH , • ., i•'E·.r ···'-EcL.i ( 1.. I' . ,!--·. ---..---,.--____,..,...._ -~· LIIIEJ•~ .~ ;•··:E : ·,~·: 'l E·.,·rr,, ~• .• M1 r-· ~;· '; ~~; . r: ''II L· < The and trench repair details the intent of the that would result in a minimum pavement thickness of 2 inches: ·•t<_l 468 Observations during construction suggest that the subgrade and base in the area are in good condition except in specific locations where there is subsurface damage caused by leaking storm or sewers, These locations have been reported to the DPW and addressed as part of the project work, In addition, natural soils in the Central Bayshore area are stable and provide a good foundation to the subgrade, The main problem is that there is inadequate pavement thickness the project area to reliably predict that the will be left with at least 2 inches of pavement once the proposed overlay is except for the actual trench repairs, In addition, the contractor has expressed concern about the to a construction warranty for the project where the prescribed method of pavement restoration is a 1" overlay, During construction project meetings and discussions of pavement both the EOR and the CEI have recommended that the consider and resurfacing of the roadways in the project as a replacement for the finall inch overlay, This recommendation has been put into a proposed additional funding request for the project, As EOR for the project, CH2M HILL continues to support this recommendation to provide a completed that meets the service and aesthetic needs of the affected neighborhood. 469 Date: February 22, 2013 Darlene M. Fernandez, P.E. Capital Projects Coordinator Office of Capital Improvement City of Miami Beach Exhibit H Atkins North America, Inc. 200 I Not1hwest 1 07th Avenue M1am1, Flonda 33172-2507 Telephone: +1.305.592.7275 www.atkinsglobal.com/northamerica Submitted via e-mail Subject: Neighborhood No. 8 -Central Bayshore/Lake Pancoast Package A and C -Summary of Negotiations Held on February 21, 2013 Related to Additional Scope The following summarizes the negotiations that took place on February 21, 2013 regarding the Central Bayshore Package A-Additional Scope Amendment: I-Summary of Original Estimates Issued: CH2MHill $5,138,245.12 Atkins $5,358,849.01 Cost estimate listed above include: Gravity Wells Allowance for Pipe Depth Allowance for pipes in close proximity to utilities II -Negotiated Scope Items: a) Phase II Additional Scope General Conditions Bikepath Credits Duration Total Negotiated Reductions Lanzo's Original Bid $464,200 $30/SY 218 Days b) North Flamingo Road Additional Scope Gravity Wells $519,168.00 470 Lanzo Construction $5,638,161.02 CH2MHiii/Atkins $392,074.62 $215,530.00 $67,408.00 Negotiated $375,000 $23/SY $1,950,118.50 $168 Days $392,074.62 Lanzo Construction $519,168.00 $215,530.00 $67,408.00 Delta -$89,200.00 -$18,900.00 -$1,950,118.50 -so Days $127,093.38 Page 2 of2 Ill -Summary: Based on the negotiated items listed in Section II, the negotiated amount is $5,402,961.64. When the negotiated credit is applied the total contract amount is If you have any questions or comments, please do not hesitate to contact us. We thank you for the opportunity to be part of this very important project. Please contact me with any questions or comments at (305)514.3211, or Juan.alfonso@atkinsglobal.com Sincerely, Juan Alfonso, Assoc. AlA Assoc. VP, Group Manager w/Attachments: Additional Scope-Final Agreement Credits-Final Agreement Cc. Maria Hernandez, R.A. David Martinez, P .E. Fernando Vazquez, P.E. Herminio Gonzalez, P .E. File 471 RESOLUTION NO. 2013-__ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE CONSTRUCTION CONTRACT BETWEEN THE CITY AND LANZO CONSTRUCTION CO., FLORIDA, FOR THE CONSTRUCTION OF THE CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8 CENTRAL BAYSHORE (PACKAGE A) AND LAKE PANCOAST (PACKAGE C), DATED APRIL 8, 2011; SAID AMENDMENT IN THE NOT-TO-EXCEED AMOUNT OF $3,385,441, FOR THE CONSTRUCTION OF THE ADDITIONAL SCOPE OF WORK APPROVED UNDER RESOLUTION NO. 2012-27972, WHICH INCLUDES THE HOMEOWNER ASSOCIATION (HOA) REQUESTED ROADWAY WIDTH AND LANDSCAPE ITEMS, PROVIDING ADDITIONAL STORMWATER UPGRADES TO THE AREA KNOWN AS ZONE 4 IN THE BASIS OF DESIGN REPORT (BOOR), AND PROVIDING MILLING AND RE-SURFACING OF THE ROADWAY (IN LIEU OF ASPHALT OVERLAY) FOR THE REMAINING AREAS WITHIN PACKAGE A; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE FY2012/13 CAPITAL BUDGET, IN THE AMOUNT OF $3,385,441 FOR CONSTRUCTION, AND $338,545 FOR CONTINGENCY, FOR A GRAND TOTAL OF $3,723,986. WHEREAS, on January 19, 2011, the City Commission adopted Resolution No. 2011-27587, approving and authorizing the execution of a construction contract, (the Agreement) with Lanzo Construction Co., Florida (Contractor), pursuant to Invitation to Bid No.18-09/1 0, for the Right-of-way Infrastructure Improvement Program-Neighborhood No. 8 -Central Bayshore (Package A) and Lake Pancoast (Package C) (the Project); and WHEREAS, the original Project scope of work included a new water main to upgrade the existing 6-inch water main, drainage installation, road paving and restoration, concrete sidewalk repairs, minor valley gutter installation, and landscape; and WHEREAS, field investigations during construction have identified the existing pavement to be in worse condition, as a result of pavement deterioration and distress, than anticipated; and WHEREAS, the City desires to include the requested changes as part of the current Project construction work; and WHEREAS, on July 9, 2012, the Finance and Citywide Projects Committee (FCWPC) approved the additional capital budget requests to include warranted infrastructure needs for stormwater roadway milling and resurfacing, and valley gutter improvements; and WHEREAS, on September 27, 2012, the City Commission approved the additional funding to the Capital Budget 2013 for the additional stormwater upgrades, and complete milling and resurfacing of the roadway, as well as the additional roadway width and landscaping items requested by the Homeowners' Association; and WHEREAS, on December 12, 2012, the City Commission approved Amendment No. 1 to the Agreement, in the amount of $306,194, which provides complete milling and resurfacing of the roadway (in lieu of asphalt overlay) for certain areas within Package A, north of 34th Street to 41st Street, between Alton Road and Meridian Avenue; and Package C, 25th Street, 26th Street and Flamingo Drive, north of 25th Street; and 472 WHEREAS, Amendment No. 2 to the Agreement encompasses the construction of all the remaining upgrades and revisions, following an amendment to the Project Basis of Design Report (BOOR) at the City Commission of July 18, 2012 (approval via Resolution 2012-27972); and WHEREAS, the scope of services also additional roadway and landscape items requested by the Homeowners' Association, includes additional drainage improvements, as well as additional warranted milling and resurfacing for the remaining areas in Central Bayshore; and WHEREAS, the additional scope of work will add one hundred eighty ( 168) calendar days to the overall Project, WHEREAS, extending the completion date for the Project, from October 2013, to March 2013. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 2 to the construction contract between the City and Lanzo Construction Co., Florida, for the construction of the City of Miami Beach Right of Way Infrastructure Improvement Program, Neighborhood No. 8 Central Bayshore (Package A) and Lake Pancoast (Package C), dated April 8, 2011; said Amendment in the not-to-exceed amount of $3,385,441, for the construction of the additional scope of work approved under Resolution No. 2012-27972, which includes the Homeowner Association (HOA) requested roadway width and landscape items, providing additional stormwater upgrades to the area known as zone 4 in the basis of design report (BOOR), and providing milling and re-surfacing of the roadway (in lieu of asphalt overlay) for the remaining areas within package a; with previously appropriated funding in the fy2012/13 Capital budget, in the amount of $3,385,441 for construction, and $338,545 for contingency, for a grand total of $3,723,986. PASSED AND ADOPTED this __ day of _____ , 2013. ATTEST: RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR T:\AGENDJ',\2013\March 13\Central Bayshore-Amendment Lanzo\Bayshore A_Amendment No. 2-RESO doc 473 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 474 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving A Contract Award, Pursuant To Invitation To Bid No. 49-11112, For The Right-Of-Way Infrastructure Improvement Program- Venetian Islands Bid Package 13C; Authorizing The Mayor And City Clerk To Award A Construction Contract To Lanzo Construction Co. Florida, In The Amount Of $9,699,509 Base Bid Plus $640,028 For Selected Alternates And A Project Contingency In The Amount Of $1 ,033,954; For A Total Construction Cost Of $11,373,491 From Previously Appropriated Funding In The Capital Budget; And An Additional $1,003,062 ln Water & Sewer funds And $977,946 In Stormwater funds Subject To The 2"d Amendment To The Capital Budget For The Fiscal Year 2012/13; And Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed capital improvement projects as "excellent" or "good". completed capital improvement projects (81 %), storm drainage (37'lf!:.), and condition of roads (44%}. Recently Issue: I Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: The Scope of Work shall include, but not be limited to, site preparation; earthwork; demolition; storm drainage; roadway reconstruction; concrete valley gutters; walkway paving and grading; watermain and street lighting on the islands of San Marino, Di Lido, and Rivo Alto. Invitation to Bid (ITB) No. 49-11/12 was issued on June 8, 2012, with an opening date of November 27, 2012. Pre- bid conferences were held on June 22, August 13, and October 9, 2012. Bidnet issued bid notices to 439 prospective bidders, of which 36 downloaded the ITB document. In addition, 146 vendors were notified via e-mail, which resulted in the receipt of four (4) bids of which three (3) were responsive. On January 17, 2013, the Administrative Review Panel convened to interview the responsive companies and to score and rank them accordingly pursuant to the evaluation criteria noted in the ITB. The Panel unanimously recommended Lanzo Construction Co. Florida, the lowest bidder, for award. Upon further review by the CIP Office and the engineer of record, Schwebke Shishkin & Associates, CIP recommended to also accept Alternates 1 and 3, however, if the City elects to award the base bid of$ 9,699,509 plus include alternates A1 and A3, additional funding shall be required to address the funding shortfall, which shall be addressed through Amendment Two to the Capital Budget. After considering the review and recommendation of City staff, the Interim City Manager exercised her due diligence and carefully considered the specifics of this ITB process. As a result, the Interim City Manager recommends to the Mayor and City Commission to award the construction contract to Lanzo Construction Co. Florida as the lowest and best responsive bidder and authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. Advisory Board Recommendation: J N/A Financial Information· Source of ~Amount Account Funds: 1 2,842,713 384-2127 2003 GO Bonds-Neiahborhood Improvements 2 2,336,942 420-2127 W&S GBL Series 2010 3 130.484 423-2127 Gulf Breeze 2006 4 450,275 425-2127 Water & Sewer Enterprise Fund 5 1,357,846 427-2127 Stormwater EnterQrise Fund 6 2,254,223 431-2127 Stormwater Bond Fund 2011 7 1,003,062 Water & Sewer funds subject to the 2"d Amendment to the Capital Budget for the Fiscal Year 2012/13 a 997,946 Stormwater funds subject to the zno Amendment to the Capital Budqetfor the Fiscal Year 2012/13 OBPI Total $11,373,49 Financial Impact Summary: N/A er I Chief Financial Officer POW 13\ITB 49-11-12 -Venetian lsi ROW-Summary.doc 475 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,. C~mission Kathie G. Brooks, Interim City Manager ~ March 13, 2013 / A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A CONTRACT AWARD, PURSUANT TO INVITATION TO BID NO. 49-11/12, FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM -VENETIAN ISLANDS BID PACKAGE 13C; AUTHORIZING THE MAYOR AND CITY CLERK TO AWARD A CONSTRUCTION CONTRACT TO LANZO CONSTRUCTION CO. FLORIDA, IN THE AMOUNT OF $9,699,509 BASE BID PLUS $640,028 FOR SELECTED ALTERNATES AND A PROJECT CONTINGENCY IN THE AMOUNT OF $1 ,033,954; FOR A TOTAL CONSTRUCTION COST OF $11,373,491 FROM PREVIOUSLY APPROPRIATED FUNDING IN THE CAPITAL BUDGET FROM THE FOLLOWING FUNDS: $2,842,713 FROM FUND 384 -2003 GO BONDS - NEIGHBORHOOD IMPROVEMENTS; $2,336,942 FROM FUND 420 -W&S GBL SERIES 2010; $130,484 FROM FUND 423 -GULF BREEZE 2006; $450,275 FROM FUND 425 -WATER & SEWER ENTERPRISE FUND; $1,357,846 FROM FUND 427-STORMWATER ENTERPRISE FUND; AND $2,254,223 FROM FUND 431 -STORMWATER BOND FUND 2011; AND AN ADDITIONAL $1,003,062 IN WATER & SEWER FUNDS AND $977,946 IN STORMWATER FUNDS SUBJECT TO THE 2N° AMENDMENT TO THE CAPITAL BUDGET FOR THE FISCAL YEAR 2012/13; AND FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure well-maintained infrastructure. FUNDING $2,842,713 384-2127 2003 GO Bonds-Neighborhood Improvements $2,336,942 420-2127 W&S GBL Series 2010 $130,484 423-2127 Gulf Breeze 2006 $450,275 425-2127 Water & Sewer Enterprise Fund $1,357,846 427-2127 Stormwater Enterprise Fund $2,254,223 431-2127 Stormwater Bond Fund 2011 $1,003,062 Water & Sewer funds subject to the 2nd Amendment to the Capital Budget for the Fiscal Year 2012/13 $997,946 Stormwater funds subject to the 2nd Amendment to the Capital Budget for the Fiscal Year 2012/13 $11,373,491 Total 476 Commission Memorandum -ITB 49-11112-ROW Infrastructure Improvement Program-Venetian Islands Bid Package 13C March 13, 2013 Page 2 BACKGROUND On October 15, 2003, the City Commission approved the Basis of Design Report (BOOR), completed and submitted by the City's consultant, Edwards and Kelsey, Inc., for the Venetian Islands Bid Package 13C Neighborhood Right-of-Way (ROW) Improvement Project (San Marino, Dilido and Rivo Alto Islands). This BODR was the culmination of a comprehensive planning effort that included input from the residents, various City Departments, and Hazen & Sawyer, the City's former Program Manager. On April 21, 2009, residents expressed concerns with the design provided by the City's consultant and overseen by the Program Manager Hazen & Sawyer, particularly the additional needs to meet Stormwater level of service and additional upgrading of aged and tuberculated water systems as well as enhancements to the streetscape/hardscape improvements. Up to this point, the City expended a total of $1,848,958 from the project budget to fund the design consultant($ 1 ,087,050) and program management($ 761 ,908) fees. On May 28, 2009, the City issued RFQ No. 42-08/09 for a newly revised Design, Bid and Award, and Construction Management Services for the re-design of the Venetian Islands project to reinstate an adequate and functional level of service. These included additional Stormwater, Potable Water, and Streetscape/Hardscape Improvements. On July 15, 2009, the City Commission approved Resolution 2009-27128, for Professional Architecture and Engineering (A/E) Services to Schwebke-Shiskin & Associates, Inc., (SS&A) to provide re-design, bid and award services, as well as construction administration services. On July 12, 2011, an Invitation to Bid (ITB) No. 39-10/11 was issued for Venetian Islands and bids were received on August 18, 2011. The lowest responsive base bid exceeded the available project budget by 17.5% and the Consultant's cost estimate by 12.9%. As a result of the budget shortfall and delays with the completion of the County's Venetian Causeway project, the City Manager recommended to the Mayor and City Commission to reject all bids received, pursue all value engineering opportunities and re-issue the ITB to allow the County to complete the Causeway project thereby reducing further impacts to the residents. After the Commission rejected all the bids, SS&A, was directed to explore value engineering options in order to explore opportunities for additional cost reduction while allowing the Miami Dade County to proceed and finalize the Venetian Causeway Streetscape project and mitigate potential conflicts with the City contract. On April 19, 2012, out of various value engineering opportunities the Public Works Department approved the following: • Re-design the electrical street lighting plans to meet 0.6 foot-candle average that meets the City of Miami Beach requirements, therefore removing twelve (12) street lights adjacent to the causeway, as well as eliminating redundancies currently being lit by the new causeway lighting improvements. • Include a detail in the contract documents which would allow the contractor to install the street lighting conduits within the same trench as the water main, thereby streamlining installation and improving production. • Re-design the approved stormwater drainage system to maintain the outfalls in their present condition (without connection to new design) and without any restoration thereby generating a credit to the project cost. • Abandon existing water services in-place, thereby reducing potential damage to existing infrastructure due the additional excavation. 477 Commission Memorandum -ITB 49-11112-ROW Infrastructure Improvement Program-Venetian Islands Bid Package 13C March 13, 2013 Page 3 On June 8, 2012, the Procurement Division issued ITB No. 49-11/12 for Venetian Islands. On July 9, 2012, the Administration submitted a FY 2012/13 budget request to the Finance and Citywide Projects Committee. Additional funding was requested in anticipation of increased construction costs as indicated by the Consultant's revised Opinion of Probable Cost which include additional funding requests for water & sewer construction needs in the amount of $450,275, and for stormwater construction needs in the amount of $1,357,846. The project construction budget was therefore increased by $1,808,121 for FY 2012-2013 (see Attachment A-July 9, 2012, Finance and Citywide Projects Committee Memorandum). During the bid process for ITB No. 49-11/12, the Procurement Division received numerous questions that requested clarification or additional information as it pertained to underground utility facilities. Even though that contractors are expected to identify and coordinate all underground and above ground utility lines prior to excavation, the CIP Department felt it would be prudent to allow the engineer to further research potential unforeseen utility conflicts within the Venetian Islands, so as to minimize delays during construction. On August 28, 2012, the Administration requested additional services from SS&A to perform subsurface investigation and identify potential utility conflicts throughout the project site. The final report on the utility conflicts was included in the bid documents and transmitted to all the franchised utility companies in order to address these potential conflicts prior to the start of construction. On October 5, 2012, as part of Addenda # 9, the final subsurface investigation report and revised construction documents were transmitted to all bidders in an effort to mitigate potential utility conflicts. This effort was provided to all bidders to mitigate the assumed risk that was presented during the bid question period. On November 27, 2012, the Procurement Division received bids for Venetian Islands ITB 49- 11/12 and identified Lanzo Construction as the lowest bidder with a base bid amount of $9,699,509 and an amount of $10,640,993 that included the base bid plus alternates. The alternates listed on the bid documents are; full road reconstruction, maintaining existing outfalls in their present condition, trenchless sanitary sewer rehabilitation, installation of Gee- Synthetic Grid, and furnishing and installing trees and palms. COST ANALYSIS The base bid amount submitted by Lanzo Construction was 12.53% over the AlE estimate of probable construction cost of $8,619,337. Staff found that the bid result and the AlE estimate of probable construction cost were within the -5% to +15% tolerance identified in SS&A's professional service agreement with the City (see Attachment B). In addition, the Association for the Advancement of Cost Estimating (MCE), formerly the American Association of Cost Engineers and the American National Standards Institute (ANSI), typical percentage variation from actual cost to estimated cost of construction for this type of project is between -3% to +15%. On December 26, 2012, after responsiveness was determined by the Procurement Division, CIP staff contracted Craven Thompson and Associates (CTA) to provide bid analysis services and bid evaluation report (see Attachment C), which SS&A responds to with a memorandum addressing CTA comments while providing their assessment of the bid (see Attachment D). CTA analyzed the bid documents, addenda and bid responses that were issued during the bidding period. CTA concluded that although the lowest base bid was 12% higher than the AlE estimate of probable construction cost, the overall bid price had increased as a result of overall cost increase in materials and labor in excess of 10% as identified in the 3rd Quarter 2011 to 478 Commission Memorandum -ITB 49-11/12-ROW Infrastructure Improvement Program-Venetian Islands Bid Package 13C March 13, 2013 Page 4 4th Quarter 2012 (see Attachment E), provided by Florida Department of Transportation Quarterly Price Trends) in addition to local factors and site constraints. When the cost escalation is taken into account, the low bid only varied approximately 2% from the AlE estimate of probable construction cost. CTA identified local conditions, site constraints and contractor's assumed risks, as factors which impact the bid results. CTA identified the items listed below: • The site constraints affecting the overall bid price consist of limited staging area and bridge loading restrictions that would require additional resources to haul material and equipment off the site. In addition, the limitations affecting site access through the Venetian Causeway and internal circulation through the islands would require additional maintenance of traffic coordination. If the contractor's access is affected in any way, the operations would be slowed or stopped due to the inability of the contractor to deliver materials to the site or haul unsuitable materials and construction debris offsite. The limited work zone and limited work day hours would require the contractor to use additional manpower and equipment to comply with the contract requirements. • CTA also concluded their bid analysis by comparing this project's bid tabulations against similar residential infrastructure improvement projects with new water, sewer, drainage, roadways, swales, landscape, and/or sidewalks being constructed within densely developed communities and with infrastructure improvements in areas immediately adjacent to the Inter Coastal Waterway, similarly with poor soil conditions. Additionally, this project would require coordination with the residents and a significant amount of notifications to maintain the residents informed and to assist with the daily disruptions to the homes located within the work zones. • As per CT A, these are key factors that affect the price of the project, as opposed to a simple roadway project further west in different soil conditions. Work within the City's residential neighborhoods requires phasing and scheduling to accommodate access to the neighborhood and to each residence. It also requires the contractor to fill in excavations quickly, restore private property impacts immediately, and keep affected homeowners and the City aware of any impacts to the community. Work in areas adjacent to Biscayne Bay and the Inter Coastal Waterway, and the soil conditions commonly found in these areas, require additional equipment, time, permitting, and planning in order to install the underground pipes under dry conditions as per PWD requirements, which require constant dewatering. • Obtaining a dewatering permit will also be an issue affecting the price of this contract. The contractor would be required to make special provisions to have dewatering permits, which would dictate the methods used to dewater. Low laying areas close to a large water bodies subject to tidal influence, such as Biscayne Bay, would have high water volumes to contend with during any construction dewatering operation. The contractor would include additional time and equipment to dewater the site, as needed, making the proper arrangements for dewatering in compliance with the actual environmental requirements for construction areas, adjacent and/or discharging, and/or impacting an outstanding water body. • Impacts associated with Utility Coordination with the utility companies in the neighborhood (GAS, ATT, ABB and FPL) and the assumed risk due to similar 479 Commission Memorandum -ITB 49-11/12-ROW Infrastructure Improvement Program-Venetian Islands Bid Package 13C March 13, 2013 Page 5 experiences in Sunset 1 & 2, highlighted during the process, will add an additional premium to the project cost. The island of Rivo Alto will be specifically impacted due to the possibility of underground utility relocations. Also, FPL coordination on the project for the existing street lighting pole removal (after new pole installation) could result in time extensions if there are any delays on FPL's part. Thus there is a higher premium to commit the resources necessary to complete the project within the contract time frame. SCOPE OF SERVICES The Scope of Work shall include, but not be limited to, site preparation; earthwork; demolition; storm drainage; roadway reconstruction; concrete valley gutters; walkway paving and grading; watermain and street lighting on the islands of San Marino, Di Lido, and Rivo Alto. The work generally includes the following items: • Installation of a new 8" diameter potable watermain system from a recently installed watermain system along the Venetian Causeway including new fire hydrants and reconnection to all existing residential water services. • Installation of a new positive drainage system consisting of french drains, inlets, manholes, and control structures discharging into Biscayne Bay. The drainage outfall system will consist of 7 (seven) new outfalls as well as connection to the existing outfalls to increase and improve capacity. • Abandonment, in place, of the existing potable water system and removal and disposal of the existing storm drainage system. • Reconstruction of the existing roadway which includes the installation of new eight (8) inch limerock base, installation of new two (2) inch asphalt surface and construction of new valley gutters throughout all roadways. • Limited sidewalk and ramp reconstruction throughout Di Lido and Rivo Alto Islands. • Landscaping, including tree pruning, selective encroachment removal and sodding of the swales. • Street lighting, including all of its electrical components. ITB PROCESS Invitation to Bid (ITB) No. 49-11/12 was issued on June 8, 2012. 439 prospective bidders were notified through Bid net, of which 36 downloaded the ITB document. In addition, 146 vendors were notified via e-mail by the Procurement Division. Subsequent to the release of the ITB, a pre-bid conference was held and several addendums were issued responding to prospective bidder questions. On November 27, 2012, proposals were received from the following firms: • Central Florida Equipment Rentals, Inc. • Lanzo Construction Co. Florida • Ric-Man Construction Florida, Inc. • Ric-Man International, Inc. Through the Procurement Division's review of each bid for responsiveness, Ric-Man Construction Florida, Inc., the third-lowest bidder, with a total base bid plus alternates at $10,880,287.61, was deemed nonresponsive for failing to submit the correct Unit Price Breakdown Form provided in Addendum 10 of the ITB by submitting the form provided in Addendum 9 instead. 480 Commission Memorandum -ITB 49-11/12-ROW Infrastructure Improvement Program-Venetian Islands Bid Package 13C March 13, 2013 Page 6 As a result, the following table provides the proposed total base bid prices, with and without alternates, of the three (3) responsive bids: Lanzo Construction Co. Florida Central Florida Equipment Ric-Man International, Inc. Total Base Bid $9,699,509.00 $9,788,77 4. 76 $10,022,183.70 Total Base Bid w/ Alternates $10,640,993.00 $10,725,896.06 $11,466,385.30 The Administrative Review Panel consisted of the following individuals and convened on January 17, 2013, to interview the responsive bidders: • Michael Alvarez, Infrastructure Division Director, Public Works • Maria Hernandez, Senior Capital Projects Coordinator, CIP • James Murphy, Senior Planner, Planning • Matilde Reyes, Senior Capital Projects Coordinator, CIP • Jose Rivas, Civil Engineer Ill, Public Works The Panel evaluated each bid based on the following criteria: • 50 Points -Base Bid Price • 20 Points -Interview of key personnel • 10 Points -Risk Assessment PlanNalue Added Submittals • 10 Points -Past Performance Evaluation Surveys • 10 Points -Qualifications of Bidder • 5 Points-Local Preference for Miami Beach-Based Vendors • 5 Points-Preference for Florida Small Businesses Owned and Controlled by Veterans and to State-Certified Service-Disabled Veteran Business Enterprises Upon completion of the interviews, the Panel discussed each prospective bidder's qualifications, experience, and competence to score and rank the firms accordingly pursuant to the evaluation criteria noted in the ITB. Lanzo Construction Co. Florida received all five first-place votes for contract award as noted below: ITB 49-11/12 Panel Scoring and Ranking Alvarez Hernandez Murphy Reyes Rivas Total Lanzo Construction Co. Florida 97 (1) 102 (1) 98 (1) 91 (1) 97.48 (1) 485.48 (5) Ric-Man International, Inc. 67 (2) 73 (2) 95 (2) 86 (2) 76.14 (3) 397.14(11) Central Florida Equipment 47 (3) 65 (3) 80 (3) 63 (3) 77.98 (2) 332.98 (14) ANALYSIS Pursuant to the Procurement Division's review and acceptance for responsiveness of the bids submitted, the bid price information from the lowest responsive bidder is tabulated to show the percentage over the estimate prepared by SS&A, as follows: 481 Commission Memorandum -ITB 49-11112-ROW Infrastructure Improvement Program-Venetian Islands Bid Package 13C March 13, 2013 Page 7 Percent Percent Percent Craven, Bid SS&A over over over Thompson Proposal Estimate Bid #1 SS&A Bid#2 SS&A Bid#3 SS&A Bid Analysis Estimate Estimate Estimate Estimate 10,060,925 $10,725,896 12.91° The ITB identified various alternates that would be beneficial to the neighborhood project as outlined below: Alternate A1 -Full road reconstruction in the amount of $329,228, this alternate increases the existing scope of work from reworking the existing base to a full reconstruction of the roadway. Contractor will remove existing base and replace with a new eight (8) inch limerock base. Reconstructing the roadway will increase the lifespan of the roadway at least twenty (20) years versus five (5) to seven (7) years for reworking the existing base. The existing condition of the roadways and the proposed extensive utility excavation merits the total roadway reconstruction to assure the full integrity of the roadway. Engineer of Record (EOR) recommends electing this alternate. Alternate A2 -Separating seven (7) existing outfalls from the proposed stormwater drainage system for the credit amount of $82,252. This alternate was originally proposed as a value engineering option to assist in decreasing the base bid. According to the EOR, Schwebke Shishkin and Associates, the proposed stormwater improvements calculations did not take into account the use of the existing outfalls and currently meet the level of service requirement of a five (5) year and one (1) day storm event. Staff recommends against electing this alternate (credit) and allowing the work to be completed as included in the base bid to allow for additional stormwater relief. Alternate A3 -Rehabilitation of existing eight (8) inch gravity sanitary sewer main in the amount of $300,800. The implementation of lining the existing sanitary mains will improve the existing sanitary sewer flow and strengthen the existing aged old sewer pipes and mitigate the potential breakage during construction activities. Staff recommends electing this alternate. Alternate A4-Installation of Geosynthetic Geogrid for the amount of $182,520 which would generally be required as a means to stabilize organic, unsuitable soil. EOR recommends against electing this alternate because the geotechnical reports did not identify conditions as requiring additional substrate improvement in which a filter fabric would be beneficial to stabilize soil strata. Alternate AS-Includes furnishing and installation of trees and palms in the amount of $201,188, as required by the BOOR. This alternate will be executed by Parks Department. Base bid includes restoration of swales and removal of landscape encroachments only. Staff recommends not electing this alternate under this contract and executing the installation with Parks Department to allow for appropriate installation. 482 Commission Memorandum-ITB 49-11112-ROW Infrastructure Improvement Program-Venetian Islands Bid Package 13C March 13, 2013 Page 8 Staffs recommend the following alternates to be included in the project scope and are described as follows: DESCRIPTION COST A1 A3 TOTAL If the City elects to award the base bid of $ 9,699,509 plus include alternates A 1 and A3 additional funding shall be required to address the funding shortfall in the following accounts. The table below summarizes the selected alternates as well as the additional funding requirements. Funding Sources Available Construction Funds COMPANY PROFILE Available Contingency Total Available Funds Lowest Bid Including Alternates A1 and A3 Required 10% Contingency Lowest Bid Including Selected Alternates & Contingency .033,954.00 $11.373.491.00 Shortfall Founded in 1967, Lanzo Construction Co. Florida Foundation Co. has been providing general construction services to South Florida since 1980. Lanzo has extensive experience in stormwater drainage, underground utility, and roadway construction serving Miami-Dade, Broward, and Monroe Counties, along with several local municipalities. Jorge A. Valdes, Project Manager, and Ronald Mezza, Superintendent, have over 15 and 40 years of construction experience respectively managing projects of similar size and scope to this ITB. The following are similar ongoing and recently completed projects: • Broward County North County Neighborhood Improvement Project Broadview Estates Bid Package 2 -$9,909,466 • Broward County North County Neighborhood Improvement Project Bid Package 10 - $10,558.209 • City of Miami Beach ITB 18-09/10 -Central Bayshore Package A/Lake Pancoast Package C-$14,490,740 • F376 City of Marathon Service Area 5 Vacuum Sewage Collection System and Stormwater Collection System -$20,625,568 CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the Interim City Manager exercised her due diligence and carefully considered the specifics of this ITB process. As a result, the Interim City Manager recommends to the Mayor and City Commission to award the construction contract to Lanzo Construction Co. Florida as the lowest and best responsive bidder and authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. 483 Commission Memorandum -ITB 49-11/12-ROW Infrastructure Improvement Program-Venetian Islands Bid Package 13C March 13, 2013 Page 9 CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution, which awards a construction contract to Lanzo Construction Co. Florida as the lowest and best responsive bidder, pursuant to Invitation to Bid 49-11/12, for the Right-of-Way Infrastructure Improvement Program -Venetian Islands Bid Package 13C, in the amount of $9,699,509 base bid plus $640,028 for selected alternates and a project contingency in the amount of $1 ,033,954; for a total construction cost of $11,373,491; and further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. Attachment A-July 9, 2012, Finance and Citywide Projects Committee Memorandum Attachment B -Schwebke Shishkin & Associates, Inc. (SS&A) AlE Agreement Attachment C-Craven Thompson & Associates (CTA) Bid Evaluation Report Attachment D-Schwebke Shishkin & Associates, Inc. (SS&A) Bid Qualification Report Attachment E -Florida Department of Transportation Quarter Price Trends Report KGB/JGG/~D T:\AGENDA\2013\March 13\VENETIAN ISLANDS\ITB 49-11-12-Venetian Islands ROW-Memo.doc 484 MIAMI BEACH. Finance and Kathie Brooks, 9,2012 SUBJECT: Overview of is to an overview of the their current status and storrn-water scope work are also These unforeseen conditions more construction be addressed in order for const1uction to continue of unforeseen and extension of construction turnover and fresh visions from the requests not in the Basis of Reports requests and revisions to the Atlantic of in the past are to a Attachment A -July 9, and Citywide 485 of the Public Works :as well as In out Memorandum Letter to Commission July o, 2012 Finance & Citywide Committee i. the detailed information for each Fiscal Year 2012/20'13 as a result of the Bayshore Central -Bld Pack A Original Scope of work: The area includes 40th Drive, the Bayshore five ) Sheridan Avenue and This stom1water s wells, street installation traffic sidewalk of curb and gutter, water main Current Status: Notice to Proceed was issued October 31, 2011. The in construction. Overall is 30% complete and on schedule 2013. Additional Funding Requests $4,546,882 Additional water & sewer is being requested for and it warranted in lieu of the specified roadway asphalt Water & sewer \n the amount of "'"'""'v,vv is required for proportional above milHng and associated to the restoration and of road following the distributlon in to above ground amount of $246,006 the remainder o.f mi!!ing and resurfacing in the amount of is being for: where b) the relocation of a and the installation of a new additional Ston11water collection a new Stormwater collection along the Ave as well as all nrc,nn.rtirH'l<:i restoration and soft costs and CIP Fees. Above Ground Funding Request Cost Contingency Consulting/Engineering/Field Servic:es CIP Fees Total Water & Sewer Funding Request Construction Cost scope and to Total 486 requests are hard costs, $ 246,006 $ 1 $ i $ 1 $ 13.80~ $ 246,006 $ 346,807 $ $ 29,604 I I . Letter to Commission July 9, 2012 Finance & Citywide Committee Stormwater Funding $:3,954,069 ClP Fees Total Cost Original Scope of work: This includes the and a stormwater with two stormwater pump stations, street water main and decorative stamped Current Status: Notice to Proceed 1 was held on 2011 record encroachment letters were sent out on 1Nas issued PWO on 22, 20'12. increased cost estimate for the review CIP. An schedule is 2 is of cost increases and It should be noted that the contractor did not all the after NTP-1 was issued on 18, 2011. Additional Funding Requests In addition to the aforementioned is also address a contractor's for Increase in (Tlaterials from Contractor claim of a stmi of construction. Staff is and these suggested increases and nrn>nn•::Ari figures will be > The Above Ground Funding $ i 144 Water & Sewer Funding Request $ Cost CIP Fees Stormwater Funding Request $ 105 Construction Cost $ 487 Letter to Commission July 9, 2012 Finance & Citywide Committee CJP Fees (new scope and adjust to 6.5%) Total $ 67,4;H $ 362,105 3. Bayshore Neighborhood Lake Pancoast-Bid Pack C Original Scope of work: The area includes Flamingo Drive, West 24th Street to Pine Tree Drive, and Pancoast Drive. includes street asphalt overlay, sidewa[k planting strip ro~•rt"\r<lnf"" and gutter upgrades, enhanced landscaping, entryvvay enhanced stree1 signage, streetlight upgrades, water main rehabilitation on Flamingo Drive, and improved on-street parking. Current Status: Notice to Proceed 2 was issued on October 31, 20'1 i. Construction mobilization commenced on March 2012 with projected tiNelve (12) month duration. This project is being constructed In tandem with the Central Bayshore A project Additional Funding Requests $ 389,725 Above ground funding in the amount of $i 4,000 and water & sewer funding in the amount of $28,216 is being requested for additional milling and resurfacing required ii-1 lieu of the overlay and more appropriately allocating the proper distribution of above ground funding betvveen stormwater and above ground efforts. Stormwater funding in the amount of $347,509 is being requested for the potential Installation of additional valley gutters, swale reclamation and Included in all funding requests are hard costs, contingency, soft costs and CIP Fees. Above Ground Funding Request Water & Sewer Funding Request Construction Cast CIP Fees Total Sto~mwater Funding Request Construction Cost Contingency . Consulting/Engineering/Field Services CIP Fees (new scope and adjust to 6.5%) Total $ 14,000 $ 28,216 $ 23,628 ~ $ 28,216 $ 347,509 $ 239,380 $ 20,000 $ 25,000f- ~ $ 347;509 4. Bayshore Neighborhood Bid Pack E-Sunset Islands 1 & 2 Original Scope of worn: This project Includes roadway reconstruction, planting strlp restoration, water replacement and upgrade, valley gutter installation, storrnwatar the of the subaqueous water main crossing between Islands 2 Current Status: Notice to Proceed 2 was issued on December '12, 2011 with construction mobilization scheduled for January 11, 2012. The contractor mobilized on January 12, 2012. Overall project is 40% complete and on schedule for completion by March, 2013. 488 -Letter to Commission July 9, 2012 Finance & Citywide Committee 5. Additional Funding Requests ,261,337 requested In the amount of $98,781 for the of sl1allow street circuits in conflict & Sewer In the amount of $876,656 Is of sub-aqueous water main crossing Above Ground Funding Request Construction Cost CIP Fees Total Services Water & Sewer Funding Request Construction Consulting/Eng CIP Fees to Total in all $ 98,781 $ 77,292 $ $ ~ 6,029 $ 1 $ 876,656 Stormwater Funding Request $ 285,900 212,555 Services Bayshore Sunset Islands 3 & 4-Bid 0 Original Scope of work: planting restoration, water line installation and stormwatm upgrades and coordination The replacement of two sections mounted· on the Sunset 3 & 4 bridges, water rnain as well as a 50% share of tho cost to water Sunset 2 and 3. Current Status: The scheduled 489 is it between It is for a Letter to Commission July 9, 2012 Finance & Citywide Commltlae Additional Ftmding Requests ,171,500 in the amount of $745,500 is for the of shallow street circuits in .confllct with future construction in the amount of 9,500. ln the Sunset 3&4 HOA has also the construction ot a traffic circle and sidewalks on Sunset which staff has estimated to be in the amount of Should the choose to t1ese the BOOR would need to be amended. Water & Sewer in the amount of is also requested for and additional fire Above Ground Funding Request Construction Cost CIP Fees Total Water & Sewer Funding Request Construction Cost C!P Fees Total and ClP Fees. $ 745,500 $ $ L_§_dQQ $ 745,500 $ 426,000 $ $ $ 6. Palrn & Hibiscus Islands Enhancements 7. Original Scope includes water main Additional Funding Stormwater additional catch Stormwater Master Plan elevations. Included ln all and C!P Fees. Stormwater Construction Cost is being and outfalls in order to related to c;;uc'"'"''" are hard $ 449,272 requested to install with the new soft costs Request $ 449,272 C!P Fees scope and to Total Venetian 490 Lefler to Commission July 9, 2012 Finance & Comm!Uee Original Scope of work: above Current Status: On review of the 1 00% 13, 2012, PWD Division submittal package for Venetian On 21, the Parks and Recreation On June 8, 2012, the Procurement of bids is 13, 20i2. Additional Funding Requests $2,128,424 Additional is for increased costs as indicated latest estimate from Consultant's of Probable Cost not included in The additional is for water & sewer in the amount of 5 and for stormwater in the amount of ,709. Included in all requests are hard soft costs CIP Fees. Water & Sewer Funding Request $ 526,715 to Stormwater Funding Construction Cost $ 122,000 8. La Gorce Scope of work: Tile scope the La Gorce of the construction to the CIP to advertise for a Additional Funding Requests $4,579,500 the new amount of is for needs. Stormwater ·for additional infr·"'c,·rn 491 L.etterto Commission July 9, 2012 Finance & Citywide Committee '.- 9. 10. ' requests aro hard costs and CIP Fees. Above Ground Funding Request Construction Cost CIP Fees Total Stormwater Funding Request Construction Cost CIP Fees Total Current Status: Staff will for the next phase of the $ 319,500 $4,260,000 8\d Pack 10A St at the September , 2012Commission The remainder of Flamingo Bid Pack 1 OA w\11 be coordinated with Additional Funding $4,600,800 ,, in the amount of requested for r-nrncro' and relocation of street In conflict with future construction. Water & Sewer in the amount of is being services. for total replacement of all6" cast and Included in all requests are hard and CIP Fees. Above Ground Funding Request Construction Cost CIP Fees Total Water & Sewer Funding CIP Fees Total Cost -Bld Pack 1 OC Scope of work: This Includes 492 $1,917,000 L1JL.QQQ $i $2,683,800 storm water ) Letter to Commission July 9, 2012 Finance & Citywide Committee 11. Additional Requests IJI/est Above Ground CIP Fees Total Cost Water & Sewer Funding CIP Fees Total Cost Bay Road Scope of work: This of features. Request the $4,899,852 $2,041,605 $ 1 $ 124,§05 $ ,605 $2,858,247 street swale to correct deficiencies and the street and for the Current Status: West Avenue will be the detour route while FDOT is Alton Road. The FOOT is scheduled for in 2015. At that the to Additional In the amount of $1 9,109 is relocation of shallow str·eet circuits in future construction. Water & Sewer in the amount of ,769,391 is being for the of all 6" inch cast iron and in all are hard and CIP Fees. Above Ground Funding Request CIP Fees Total Cost 493 $1,919,109 Letter to Commission July 9, 2012 Finance & Citywide Committee Water & Sewer Funding Request 12. Construction Cost C!P Fees Total Sunset Harbor Pump Station ,769,391 $1,661,400 Scope of work: This rehabilitation of two pump includes construction of four and the replacement of a third pump station. Current Status: The Notice To Proceed for the first phase has been issued. The NTP for the second phase will be issued upon of Additional Funding Requests $1,917,000 in the amount of which is level of service under the new stonm criteria Stormwater Construction Cost CIP Fees Total and CIP Fees. Request $'1 7,000 $ 1 '17.000 $1,917,000 FISCAL YEAR 2012/2013 CAPITAL IMPROVEMENTS FUNDING REQUl:STS Total Additional Above Ground Funding Request Total Additional Water & Sewer Funding Request Total Additional Stormwater Funding Request In 494 $ 7,441,645 $ 9,842,226 $13,177,564 for water worl\ (but not Plan under "Future for ) Leiter to Commission ,July 9, 2012 Rnance & Citywide Commitlee discussed in this memorandum discussion at the 9, 20·12 meeting. Water and sewer as well as stormwater needs be to the FCWCP later this summer in concert with on requirements and rate F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\FIORELLA SARtviiENTO\Ov.erview of Right of Way Projects -FCWPC-July 2012 fav lhb.docx 495 496 497 498 MIAMI BEACH of Miomi Beach, 1700 ConvenHon Center Drive, Mi::Jmi Beach, Florida 33139, !'ROM: DATE: SUBJECT: COMMITTEE MEMORANDUM Finance and Kathie G. Interim 9, 2012 DISCUSSION ON AMENDING THE BASIS OF DESIGN REPORT FOR CENTRAL BAYSHORE NEIGHBORHOOD NO. SA AND LAKE PANCOAST NEIGHBORHOOD NO. 8C TO INCLUDE HOA REQUESTS, ADDITIONAL STORMWATER IMPROVEMENTS, AND ADDITIONAL MILLING AND RESURFACING. , The purpose of this Informational memorandum is to provide general background for a discussion on amending the cu1-rent Basis of Design Review Report (BODR) and associated funding impacts for the Central 8ayshore in order to incorporate the implementation of several Homeowner Association requests; provide additional stormwater upgrades; and to and resurfacing of the roadway in lieu of asphalt overlay. BACKGROUND-ENGINEERING On i 6, 2001, the City of Miami Beach (City) adopted Resolution No. 2001-24387, approving and authorizing the execution of an agreement with Inc. (CH2M for professional services for the Right-of-Way (ROW) Infrastructure Improvements Program for Neighborhood No. 8 · Bayshore and Sunset Islands project pursuant to Request for Qualifications (RFQ) No. 134-99/00. The agreement was for planning, design, and construction administration services for the collective Bayshore Neighborhoods which was originally one (1) project and was subsequently into five individual projects via amendments to the original agreement These five projects included Central Bayshore Neighborhood 8A (Package SA), Lower North Bay Road Neighborhood 88 (Package 88), Lake Pancoast Neighbor·hood 8C (Package 8C), and the Sunset Islands (Packages 80 and 8E). BACKGROUND-BOOR On April9, 2003, the City Commission approved the Basis of Report (BOOR), completed and submitted by CH2M for the Neighborhood No. 8 Bay shore I Sunset Islands Project This BODR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design Review Board (ORB). The first workshops occurred in 2001, A complete chronological summary of the history of the planning and design effort is attached as Exhibit A 499 FCWPC Meeting-July 9, 2012 Page 2 of 9 ANALYSIS The Bayshore Neighborhood No. 8 Right-of-Way Improvements Project was one of thirteen neighborhood. improvement projects included in a program developeq by the City of Miami Beach to improve the quality of life of its residents. The program included citywide water, wastewater and stormwater improvements; as well as a variety of streetscape enhancement projects. This Finance Committee Memorandum addresses two (2) of the Bayshore sub- neighborhoods; Centra[ Bayshore Neighborhood No. 8 (Bid Package A) and the Lake Pancoast Neighborhood No. 8 (Bid Package C). Other neighborhoods such as Biscayne. Point, Sunset Islands 1 & 2 & Venetian Islands have received additional unplanned improvements particularly for water and stormwater improvements and milling and resurfacing based on technical needs. After the planning and design phases, Invitation to Bid (ITB) No. 18-09/1 0 was issued for Packages 8A/BC on December 31, 2009. Bids were received by the Technical Review Panel (TRP), as part of the City's standard Best Value Procurement process for the recommendation to award the construction contract. Pursuant to the Technical Review Panel's and City Manager's recommendation, the Mayor and City Commission adopted Resolution No. 2010- 27587 on December 8, 2010 authorizing the award of Packages 8A and 8C to Lanzo Construction Ca. of Florida (LCC) In the amount of $18,414,814.55 including contingency. The first Notice to Proceed (NTP-1) was issued to LCC on August 19, 2011. The Pre- Construction conference took place on October 2011 and the second Notice to Proceed (NTP-2) was issued on October 3 i, 2011. Construction mobilization took place on November 7, 2011. The project has a 24 month schedule and is currently at 25% completion (refer to Exhibit E, LTC291-2.011, dated 11-14-11). HOA REQUESTS I REVlSlONS -11 POINTS In early 2010, following completion of design and permitting services for the Central Bayshore project area, ihe neighborhood association (HOA) requested that the City consider changing the width of some streets in the project area as well as some of the completed design. Several meetings highlighting this request took place as follows·. o February 5, 2010-LTC advising commission of the design activity that has taken place furfuep~ect. · a February 16, 2010-The Neighborhoods and Commur~ity Affairs Committee Meeting. a March 8, 2010 -Capital tmprovement Projects Oversight Committee Meeting. Report is sent via Commission Memorandum on May 12, 2010. . a April, 2010 -The Bayshore HOA forwarded a letter to the CIP Department highlighting eleven (11) key issues/concerns (Refer to Exhibit B attached). A presentation board graphically depicting the 11 items was also submitted to the City by the HOA for consideration. These eleven issues/concerns were referenced and discussed at other publicly-noticed meetings, including: o · May 25, 2010-The Neighborhoods and Community Affairs Committee Meeting, o. June 28, 2010 --LTC advising Commission of the current project activity. Package includes the CIPOC, March 8, 2010 Meeting Minutes, April i 2, 2010 HOA list of "11 Points", and May 25, 2010 Neighborhoods Committee Memorandum. a September 22, 2010 -The Mayor's Blue Ribbon Bikeways Advisory Committee M~~-. On August 25, 2011, and prior to commencement of construction, members of the Bayshore HOA met with CIP to, again, request that the eleven (1 i) items be considered for incorporation into the project design. approached the Public Works Department (PWD) in several 500 FCWPC Page 3 of 9 9,2012 instances to discuss on of the residents. and correspondence place between C!P, was reached for the the Parks Department, and a agreed to, eleven (11) l">IPC:l'>n•TPn to the residents 31, 1. which will Commission. Some accommodate bike to not blke lanes. The modification to Record to the design and will The approved HOA requested items are llsted below. For a complete summary and plan of the (11) rcfer to Exhibits C-1, and C-3: 1. Narrow Avenue from Street to feet to 24 feet and for a bike route and bus bays. The cal! for the street to remain the same width at +/-32 feet There will be a credit for asphalt paving from the current and an increase for swales which should balance out 2. Avenue from Dade Boulevard to bike lanes and replace with a bike within the course. Reduce the road width to 22 feet two feet is the on collector streets. The plans an increased road width of 28 feet from 23 feet There wlll be a credit for feet of new and of the Bike Lanes from the current and an Increase for swales. 3. Remove Prairie Avenue of work since this credit to the 4. HOA has also requested the rernoval of the Bike Lanes Avenue PWD to Streets and a in the from 28 feet to 20 against this the bike already of the AGN and Avenue is a collector street No change is to be made to the and there would be no change to the 4a. the a Bil<e has not been the desire of the could in this be have to be for the require a change to the current 501 FCWPC Meeting-July 9, 2012 4 of 9 plans and the currently adopted AGN, as well as generate an increase in the currently projected construction cost estimate being presented herein. The added cost is due to a reduction of the roadway width from 28 feet to 22 feet which is not currently budgeted. 5. Maintain 281h Street from Sheridan to Prairie Avenues at 24 feet in width with the addition of sharrows in lieu of bike lanes. The plans currently indicate roadway widening to 28 feet with bike lanes. Redefine the current 10 foot wide multi-use sidewalk from the south side of 28th Street to maintain pedestrian connectivity with Sheridan Avenue. Establish connectivity to Prairie and North Meridian Road for safety. There will be a credit for four feet of new roadway and the concrete sidewalk from the current budget and an·increase for additional swales which should balance out 6. Narrow 341h Street from Chase Avenue to Plne Tree Drive to 22 feet in width with sharrows. The plans currently indicate a road width of 28 feet w1th bike lanes. There will be a credit for the asphalt and road :widening since the existing roadway width is approximately 23 feet. 7. Fairgreen Drive to remain within its existing width of 16 faet. This can be accomplished by removing the scope of work from the ROW project and resurfacing the street as a separate maintenance project. The plans currently indicate a road widening to 20 feet There would be a credit for the asphalt and road widening if the roadway remains at the current width. 8. The current plans increase 31st Street from Sheridan Avenue to Pine Tree Drive from an existing width of i 5 feet to 20 feet in order -to remain continuous with the remaining street width. The HOA is willing to accept this as a compromise, therefore no change in the current plans is expected and no additional cost ls anticipated. 9. Eliminate all proposed mid-block stamped asphalt decorative treatments and replace with concrete paver treatments. It is anticipated that the County will not approve mid block pedestrian crossings due to traffic safety concerns. Moreover, the BOOR would need to be modified to eliminate the previously requested ''traffic tables" and instead allow the Public Works department to conduct a traffic calming analysis along this corridor to determine if traffic calming is indeed warranted and what type of traffic facility would need to be incorporated to mitigate traffic concerns. Under this scenario the City would be in a better position to a) determine the type of traffic calming facility and b) allocate the adequate proper funding source for implementation ·1 0. Eliminate all proposed stamped asphalt decorative crosswalks at intersections and replace with concrete paver treatments. With the exception of 40th Street, current plans call for stamped asphalt. No changes to the current design plans will be made since a different type of tregtment outside of the adopted stamped asphalt could result in other neighborhoods generating similar requests throughout the City and funding requests to be evaluated in concert with all neighborhoods. Additional funds would be required for this change which ts not currently programmed. 11. Eliminate the proposed Roya,l Palm species on the south side of 40th Street as they are sporadically spaced and -replace with Mahogany species. Add more canopy trees wherever possible qs per the recently completed plan submitted by the HOA. (Refer to Exhibit C-3). Current permitted plans include up-lighting and shrubs which could be removed from the scope. Landscape plans will need to be modified to reflect these changes at minima! or no cost. 502 Meettng- Page 5 of 9 9, 2012 Pursuant to aforementioned requests of the current construction plans and submit The HOA requested construction based estimates. be once revised construction documents are sensitive Biscayne Bay and Intracoastal experiences and very limited swale storage The Central Bayshor·e current stormwater of outfalls served storm and culverts. The based upon the recommendations of the 1997 subsequent BOOR. The City's stormwater master analysis of the Draft Stormwater Master Master Plan. The stormwater master No. 2 located between Tree Dr. ahd can be replaced with a wells and upsized outfalls. No. 2 could then be relocated In a more needed to the area of St. and Fairgreen Drive and be used to stormwater Infrastructure Zone 4 and the North Meridian collection indicated ln Exhibit D-2. After a storm event that occurred on October 2011, which flooded a substantial area of the Centml the PWD and CIP were concerned The residents for the City to expedite of the stormwater facilities to relief from timeline of the current construction contract. to The Central consists of served storm and culverts which do not meet the 5 year level of service. The Engineer of Record is below. For a complete summary of the and of the area refer to Exhibits D-1 and D-2: 1. 2. of the Street and Dade diameter outfall on Dade and is detailed In 503 FCWPC Meeting - Page 6 of 9 9, 2012 3. In conjunction with the roadway revisions, valley gutters shall also be provided as appropriate to direct flow to the collection system throughout the project area, as the limited capacity of the swales the right of way does not allow for adequate conveyance and storage. The estimated construction cost for this item is $1,250,665 and is detailed in Exhibit F-2 attached. 4. To reduce costs and allow for the addition of Item 1 above, relocate the pump station and pressure injection wells in the basin currently known as Pump Station No. 2 between Pine Tree and Flamingo Drlves in northeast portion of the Centra! Bayshore area. The collection and disposal system along Flamingo Drive will be redesigned to incorporate gravity disposal wells and ar\ upgrade to the existing outfall. The estimated construction cost for this item is $'! 2 and is detailed in Exhibit attached. 5. In associated with construction of stormwater improvements, roadway restoration is estimated to cost $493,395. For the Lake Pancoast Neighborhood, storm water funding in the amount of $235,800 is being requested for the potential Installation of additional valley gutters, swale reclamation and storage. lncluded in all funding requests are hard costs, contingency, soft costs and ClP Fees. ADDITIONAL WATER AND SEWER FUND!NG For the Central Bayshore N'eighborhood, water & sewer funding tn the amount of $296,037 is needed for construction more appropriately allocating the proper distribution of above ground funding between water, stormwater and above ground efforts. For the Lake Pal;lcoast Neighborhood, water & sewer funding in the amount of ,480 is needed for constr0ctlon more approprlatery ailocatlng the proper distribution of above ground funding between stormwater and above ground efforts. MILLING AND RESURFACING OF ROADWAYS The existing project call for a pavement overlay on a!l the neighborhood streets. Field investigations during construction have identified the existing pavement to be in worse condition than what may have been orlglnally anticipated, as a resutt of pavement deterioration and distress through the years .. The Engineer of Record (EOR) has stated that the condition of the roadway is not sustainable for the long term. Both the resident project representative (RPR) and the EOR have recommended milling and where required to provide a more durable pavement The original BODR recommended that all roads within the Central Bayshore be resurfaced with a one inch overlay of and that milling of the roadway be limited to areas where there is excessive scarring or where the ,grade (slope) of the road needs to be modified to support stormwater drainage. Milling is a process that grinds the existing asphalt surface to change the of the surface and to assist bonding between the and new asphalt courses. Onty of the existing road surface was projected to require milling prior to to address scarring and grading issues. The estimated construction cost for the milling and resurfacing of the roadways within the Central Bayshore project is $986,789 and is detailed in Exhibit F-4 attached. However, the amount of above ground funding net of the funded by stormwater and water and sewer is $197,357. A credit for the deletion of Prairie Avenue in the amount of $93,211 is also included. 504 9, 2012 Page 6 of9 3. In with the rn,.n'"''"' appropriate to flow to the system capacity of the swales within the of way does not allow for and storage. The construction cost for this item is and is detailed in Exhibit F-2 attached. 4. To reduce costs and for the addition of Item i above, relocate the 5. and pressure wells in the basin known as Station No. 2 between Pine Tree and Flamingo Drives in the of the Central area. The collection and Drive will be redesigned to disposal wells and an to the outfall. The estimated construction cost for this item is 2 is detailed in Exhibit F~3 attached. with construction of stormwater is estimated to cost $542,735. restoration swale and soft costs and CIP Fees. water & scwer in the amount of is the proper distribution of above ground efforts. water & sewer in the amount of the proper distribution of above efforts. streets. Field to be in worse of deterioration and the years .. The Engineer of Record has stated that the condition of the is not sustainable for the term. Both the resident and the EOR have recommended and where durable 505 FCWPC Meeting-July 9, 2012 Page 7 of 9 ln addition, the estimated construction cost for the milling and resurfacing of the roadways within the Lake Pancoast project is $71,500 as also detailed in Exhibit F-4 attached. However, the amount of above ground funding net of the portions funded by.stormwater and water and sewer is $14,000. The City desires to include the requested changes as part of the current project construction work. The EOR would revise the existing plans alid submit applications for revised permits to the applicable governmental agencies. The additional cost required for stormwater and pavem·ent upgrades is being requested as part of the capital budget process pursuant to a budget level estimate of probable cost submitted by the CH2M Hll!. SCOPE OF SERVICES· ENGINEERING If the City Commission desires to move fonNard with the HOA requested rev1s1ons and additional storm water improvements, it will be necessary for the City to contract additional engineering services to CH2M Hill to provide design services to revise the construction documents, as well as permitting services to update all necessary permits affected by the proposed design changes. In an effort to execute the additional work in a seamless and expeditious manner, it is anticipated that all project de.sign changes wlll be incorporated into Lanzo's construction contract by change ordsr, using the current unit pricing provided for in the cor:tract. Many of the changes are simply modifications to existing contract items with incorporation into the contract being a straightforward process. However, some of the items will involve new construction not included in the original contract schedule when this project was issued to bid. It merits underlining that the current budgetary figure being presented will need to be fine tuned and negotiated with the contractor at the time the has finalized the design and has prepared a detailed opinion of cost. Pursuant to a recommendation by the Finance Committee, the fee being requested by CH2M Hill to implement the design and develop a detailed opinion of cost for this project will be presented at the JL1Iy 18th commission meeting and is estimated at $207,841.00, including reimbursable expenses. The funding to exercise this amendment is already included in the current budget for this project; therefore no additional funding fs required. · ADDITIONAL FUNDING The current budget levei construction cost estimate is attached herein in Exhibits F-1 thru F-4. In order to proceed with construction of the items requested, the following additional funding is being requested in the 2013 capital budget Bayshore A (Central Bayshore} Funding: Additional Above Ground Funding Request: $ 246,006 The additional scope includes hard cost, contingency, soft cost and CIP fees for additional milling and resurfacing. Additional funding request is as follows: Construction Cost Contingency Consulting/Engineering/Field Services CIP Total 506 $197,357 $ 19,846 $ 15,000 $ 13,803 $246,006 FCWPC Page 8 of 9 9,2012 Additional Water & Sewer Funding Request: The of water is as follows: Construction Cost scope and Total to Additional Stormwater Funding Request: The additional scope includes hard of 24" gutters; Stormwater collection and Meridian of and resurfacing (pavement $ 346,807 and fees to offset the restoration) required the request $3,954,069 CIP fees for the installation of drainage structures, request is as follows: Construction Cost CIP Fees Total Bayshore C (Lake Pancoast) Funding: Additional Above Ground Funding Request: The additional scope includes cost Additional Water & Sewer Funding Request: The addi':ional scope includes hard and Construction Cost Additional Stormwater Funding Request: The additional scope includes hard cost, for $ 14,000 m $ 28,216 fees to offset the restoration) the Additional request $347,509 and CIP fees for the installation of 24" and the of and drainage structures. Construction Cost scope and adjust to 507 $ $ 63,129 $347,509 FCWPC Meeting~ July 9, 2012 Page 9 of 9 CONCLUSION: The above information is provided to facilitate the discussion of whether or not to proceed with the revlsion to the plans for the requested improvements which are outside of the current BODR for the Central Bayshore neighborhood. Attachments: Exhibit A: Chronological History and Process Summary Exhibit 8: HOA Original Request Exhibit C-1: HOA Compromise-Summary Exhibit C-2: HOA Compromise -Map Exhibit C-3: HOA Requested Landscaping Exhibit 0-1: Additional Stormwater Upgrades-Summary Exhibit D-2: Additional Stormwater Upgrades -Map ExhibitE: LTC 291-2011 dated 11-14-11 Exhibits F-1 thru F-4: Budget Level Cost Estimates KGB!JMG/F./2 P:\CAPI\Saii\COMMISS!ON COMMITTEE MEETir~GS\Financs & Clty;,vide Comrnii:t~\8aysi<ocs Memo __ FCWPC_J-9·12.docx 508 Exhlbit A CHRONOLOGICAL AND PROCESS FOR THE CENTRAL BAYSHORE NEIGHBORHOOD ·on the scope of the and the infrastructure and "'"'''11rr'nrr on the federal level can also Involved. Planning PhasQ;_ o Dec. 4, 2001 o Feb. 14, 2002 o June 11, 2002 BOOR: The BOOR was advertised 77 0 Design Design Design has conducted the of the The ""'""nrr1n of the #1 #2 #3 at the G.O. Bond Committee, which was an that was also broadcasted and rebroadcasted on fv\BTV Addendum No. 'I, was I hen at a Commission Commission are also advertised live and rebroadcasted on MBTV 77 0 9, 2003-BOOR Presentation to the Commission De§lgn Phase: o Feb. 1 5, 2007 -Review Page1of3 509 -~ Feb. 5, 2010-LTC commission of the design that has taken place for the the BOOR are listed. o Feb. 16, · Affairs Committee 2010 ~ Capitallmprovement Ovarslghi is sent via Commisskm on May 12, 20'10. 2010-The HOA forwarded a letter lo the CIP ~""1<"'",.,"'"'"' issues/concerns. A presentation !tams was also submitted to lhe eleven issuesh.::oncems were ""'"u"'''"""' 0 o Sept. 22, 2010-The Blue Ribbon Committee were submitted after construction documents In an effort to within t11ese areas, and the Commission and look into account the needs of these interests "sharrows"-shared that accommodate both vehicles and -·-to achieve the cohesive both roads. The administration has found that sharrows the best alternative to a) Introduce a safe environment that allows vehicles to share the road with b) introduces a proven traffic effect, and c) allow !he of the greenspace to remain. The above were discussed and the Preconstruction continued to be held for selection of the General Contractor for conslruction of !he Central and Lake Pancoast I'J<>Inhl'lnrhn~;nq o Dec. 31, 2008 -General Contractor ITB is Page 2 of 3 510 o Nov. 19, 20'10-Technical Review Panel selects Lanzo Construction as the GC o Dec. 8, 20·10-. Commission Awards the Contract o Aug. 19, 2011 -Issuance of NTP-1 o Aug. 31, 2011 -Pre-Construction Community Construction Phase: After lhe pre-construction phase and outreach was completed, CIP prepared to commence construction as per the requirements of the contract: o Oct. 26, 20'1'1 -Pre-Construction Meeting lleld. o Oct. 31, 2011 -Issuance of NTP-2 o Nov, 7, 20'11 -Construction o Oct. 31, 2013-Construction Page 3 of 3 511 Exhibit B Bayshore Homeowners Association ~~~~:,..:;~ .. - Mimni 3cn::h. ?loridn To: K::i::O ;\·Iizeli -CIP OiSc~ ~rotn: Johr! Core-y-:?resicien: ;)ate: l1, 20:0 CI? 1010 Lo.~1es o:r. ?tL::iC1a:: ~D. .. ver:ue fro:rr:; Dn6e 3o~.lievurci to Z8fh S-:::-~=-:~ r~u:.::o-\1.: to Rome;. ~... ' . ~ .":JO~OO~ S"";VaLC 4. Remove !he ex:sring 3ike Lanes OL P:airi~ f:au[ 2Sti: ro 40tt Stt!!ets anC TI&:1::::J\Y tel 20 fee:, ::!StaE B:ke Rom:es ~ote::u'.. She6dnn !D tO foOt ·.vicie ;r::.tl~-L!se sidev~·elk f:om the 5'JfJt:: side a~ .. 2 8 tf: St7ee~ frocc UlL"TO\Y I':-;:;izi,:: w JO fl!e: nee ills:al] ~.Bike Route. 6. Na::rovt 34th S:ree: to 20 ~eet. s7reers nt the ctL:Terrz widths; Fair green at its width 16 fee: n.nc 3!" Str~e: ocvNne:: P\J1e Tree Dc'IC am: She::i.dan a: its ~urrem 15 fee~, ·~ 0, Eliminate ~he 512 ) ) U'l ~ w 2 3 irn~!rle AvernJt:! 28th Street to !J;<jde_ Hhu.:L 4 4~ tPra!r!e Avern.:e~ Blke lane R~mova! :a!tematlve and ktrodw::tlon of Bike fa dUty to Roya~ Paim Avenue. 5 ll .~ :10 tO~w~-atlvn Crosnva!ks lrru:erWtl'cttn~$ Cm!'ent O{ZM!-m .. L P!:aru;: CENTRAL BAYSHORE A HOA Compromise • 11 Polnts Avenu~ from :Wth St" to 3-0th St trnv.e! f! ravel hme will Le reduced to :24 feel m +!~ 23 feet ta 1B fe~t fmm Chase Ave" to with .e;ho;rraws (Bike roUt!:i} «lld bus stop pul! out !:lrea.s along Sherfd<!'l from 30th_ to "i!Hil 5m~eL Lanf::> • .S.iclewa!k e>;:ten~lon becomes part of the Par 3 proje:eL with sharrnws~ to he prwjecL v!ng, Credit back to 11. fShade Tr"e:>Es \Cornple.te.1y llrt.W ¢<Ht,, Must be r;o ;;;pprovsd by f'V,JD, F~rb. P!::annlng. ----;;;;~~r.<-;;rc;;;~, rhood feel.le::;;s p<!v~d an~,;;~, mor1:; room for treer trees emcl mare ~rea for swale construct!on without the for treet tr~:es «nd more ;;;ra<~ for ~w~h~ coru:tructlrm wlthaut th~>: 1!'::e:d to remove e:dstlng vegetation. m X :::r 0: :=;: t~~~~~~~~~~;~~~~~~lo 31st Street bewmes 01 unlfarm road which is up ro code. N~ r:nst hlc:rease to lmproved Ojnr$ Coconut Palms for Sh!!l.r~dan Ave. with th~ remaln1ng trees b~::lng canopy type, shrub:i are <~iso p~rt of the tha 60DR <>nd those ..... /ill be (~rt'!it~d. as weH a5 the up~!lghtlrH~¥ 0Hfen!!1t ~P4~ Ere being proposed. . _... -----··---·--·· ·-'"" ···-w-·--'----------------J ~---------Exhibit HOA REQUESTS/REVISIONS 11POINTS t OIDGINALHOAREQU.FS!' ~ AL'!'!!IU{A"fEREQU!UiT LOCATION MAP 514 Exhibit rrt.l\111-REVlSED LA~DSCA"PE PLAN 515 U'l ~ 0) lt~rn 1 !Central Bayshore (Zone 4]-Scuthwest Portion 2 !Pump Station No. Z 3 4 OTHER UPGRADES 1. [M~iling & Resurfacing (lncludln~ lako Ponco•st] !ie~famntlm & Rewnrtructlon with a "V" approx. 6 ~nches deep~ 12 new catth end 900 Lf of e:xfHtrath:m. trench for uallty, urrently ka.:ste.d between F!ambgo Dfl\tr;;! and jNat Appllcable in~tree Drive at 35th Street Na.1 !ndm:h:nl in th~:: project~ ojett oniy calls for prerlomlnate:!y over!~ylng of ne\gJ asphalt over existing pavement. Not Applloahie CENTRAL BAYSHORE A BOOR Revision and Stormwater Design New design wi!! include coHc:dJ.on:~ de«m!lon, and pumping facilities !system. slmlleJr to the other components of tha existing project. o lll'lh Streotloc•Han neat /r!!S· No pump stations Z~n~. ·-!'< Add re-mH!lr.gto entire project. the BOOR rtate• thot tmfy ~;;p;:;;;;imately ofthe roadway will ---B~·;;iJtofCh;:-·-~-· Canriit!ons around th\s part of the neighborhood have changed sinoe the orlginai destgn resuWng kl an !ru:re.ase In f!oc~:Hng, The change '~NHi provide po!>!tive 5tormwat!:o:r mana&ement fudlltles. Same a;; Item lab~--~-~-· Existing pavement !sin wa.rse condltlon and th!nnen.han exp!!ct.etL Pavement reconstruction wm pmvlde a more: dursh~e p~vflmer.t. Exhibit 517 Exhibit E I BEACH OfFICE OF THE CI1Y f.\AN.t.GER LETT~~ Commission FROM: lvL Gonzalez, DATE: November 14, 201 ·1 SUBJECT: commenced on October 31, 2011, The 24 months for ·central Bayshore and wm be scope this area is as follows: Storm Drainage lmr1miJ<"n;nnt<: systems Water Main ADA Upgrades Lake Pancoast wells, pump. stations and collection The scope of work for this area is as follows: Storm Drainage Improvements • Water Main lmpmvemr;nts -decorative circle and decorative crosswalks Lanzo lndlcates that the contrac!or wlll first install all with slreeiscape improvaments. Con~>tructlon. to mlnimlze the affects of construction !o the 518 !n sfx phase!>. These six: ara contractor will rtrst Instal! water main, ) '1;, ' • ~ Letter Ia Commission-Csnlral Bayshoro and Lako Pancoast Construction Commecsmenl Novsmbor 10, 2011 Page 2 of 2 the contractor proceeded wi!h the installation of water main at the locations: · Drivs, from West 28 Street to West 40 Street from West 34 Street to West 40 Stri'let CIP Staff continues to maintain contact with the Homeowners Association and The Lake Pancoast both projects are If you have any please feel free to contact me. 519 March 20i 2, Budget Level Cost Estimate Oty of Mlaml Beach Neighborhood 8-Bayshare{Sunsat Islands )ce:rttri!ll B<lyshore· Packag9 A I lam Un!t Quantity SW Bayshore {Phase II) catch basin EA 76 Storm EA 48 1S"RCP Lf 20 18" RCP Lf 613 24"RCP LF 22:99 36" RCP lF 3850 48" RCf' Lf 2645 Meridian {Phase Ill) cai:J::h basin EA 14- Storm Monhole El'l 14 15" RCP Lf 700 18" RCP Lf 500 24" RCP Lf 1500 36" RCP LF 500 48" RCP LF 500 connection at Merdian EA 1 lot"ll Sudget Estimate 520 UP 2900 2200 45 54 58 79 130 2900 2200 45 54 58 79 130 20000 Extended Cast noMlo ) Exhibit F~2 Budget Leve! Cost Estimate City of Miami Beach Neighborhood 8 • B;:ryshore}Sunset Islands Cuntml l!ayshore-Package A Provide Valley Gutters-entire C<!ntra\ Bayshore area Street Estimated Length Meridian 23rd 28th Royal Palm Priarie Salidor 35th 33rd 29th 30th 31st 34th Sheridan 37th 40th Chase Garden 39th 2968 1889 85 109 368 1749 80 2880 84 3606 78 17 906 29.94 360 400 74 845 74 1126 1286 1548 3341 14£8 657 1494 427 1:1.80 sao 1540 1148 682 36053 Tutal Estimated Length (both sides of street -LF)"' Unit Price for24" Valley Gutter (Lanzo) Towt Budget Estll11ate LF 521 72.125 $ 17.34 $ 1,250,664.8/t Budget level Cast Estimate City of Miami Bemch Neighborhood B • Bayshore/SU!lsat lsland.5 Central Bayshore ·Package A/Lake Pancoast' Package C Ralocal:l! PS 414 oand !laplace With Gravity Wells; Repl;ace Outfall Item Unit Quantity lJp Extended Cost Canttal Bayshare Gravity Drainage Wells EA 6 32000.00 Replace Outfall @ 28th St. 36' Drain Pipe lF 1B 79,00 He.adwall Penetration EA 1 900,00 Connection at DMH EA 1 900.00 Manatee Grate EA 1 1700,00 Total Budget Estimate $ 197,712.00 1, PW requested changes due to ch~nge ln design requirement> 522 Exhibit F-4 Budget Level Cost Estimate City of Mlarnllleach Neighborhtwd 8-8ayshore/5unset Islands Certtml Bayshore ·l'"ackage A/Lake Pancoast· Packa~e C Mll! and Rework !lale Prior to Paving; Delete Pralrle Ave. ltiO!m Unit Quantity UP Extended Cost Central Bay-1h01'e Add 4.17.a Mill Pavement SF 135000 2.00 rework base SF 135000 6.00 Delete 4.09.a sidewalk SF U96 :;,sa 4.10.a lnlfflc calming £A 2 3000.00 4,l2,b stop bars LF 55 3.00 4.11.c crosswalks LF 402 1,50 4.11.d double ;'tripes LF 405 1.50 4.11.e single .ll:l'ipes Lf 288 1.00 4.12.f rum arrows El\ 4 50.00 4.16.b asphalt SF 9126 5.00 4.18.a swale SF 61919 0.50 18'' single thcrmaphlrtic markings LF 230 3.00 8" single thermapla>tic markings LF 126 2.00 BI·Di:ectloml white/red rpm E.A 22 4.00 No parking signs EA 3 200.00 Lake Pancoast Add 4.17.¢ Mill Pavement SF 8950 2"00 reworkba.sa SF 8950 6.00 Towl Budg~t Estimate $ 1,058,389.00 Nctes: 1. Bas;:;d on ~ltting pav1m1.:!11t qt!ilntltla.s 2, Newllnlt prlce required for base rework 3. Prnlriel\wii. wuth of :mth t!ele!rnl 523 wlth the 60 percent completion stage shall be +30% to -15% (l.e. 30% over I 15% under the actual amount) "Budget" Level as defined by the American Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 and 1 00 percent completion stage submittals shall be a +15% to -5% (i.e. 15% over /5% under the actual amount) "Definitive" Level Estimates as defined by the American Association of Cost Engineers. All estimates shalt be submitted in Microsoft "Excel" format in accordance with the template supplied by the CITY. All estimates shall be furnished bound in 8-1/2-inch by 11-inch size. Based upon the CONSULTANT's cost estimate or bids, the CITY will advise the CONSULTANT if portions of tlle project need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal constraints (based upon CONSULTANT's analysis and recommendations). In this effort, the CONSULTANT may be required to attend a series of meetings and develop alternative cost savings options for CITY consideration, if the estimates show that the projected project cost will exceed the target budget. The CONSULTANT shall revise the contract documents to reflect necessary revisions to meet budget parameters at no additional cost accordingly. Deliverables: Schedule: -Furnish six (6) sets of 60, 90 and 100 percent completion stage cost estimates to CITY, in MS-Excel electronic disc format, concurrently with the design submittals noted in Task 2.3. -Attend meetings with the CITY to review and discuss cost estimates. This Task includes development of any required cost savings alternatives, and implementation I revision of documents to address such items, as necessary to meet established budget parameters. -Complete concurrently with Design Phase schedule. Task 2.5 -Community Design Review Meeting The CONSULTANT shall attend and participate in one (t) Community Design Review Meeting (CORM) to review the design progress and concept during the design. The CITY will schedule, find location for, and notify residents of the meeting. The CONSULTANT shall prepare for, attend and present its documents at one (1) CDRM. Meeting shall be scheduled at the 60% design completion stage. Note that presentation format shall consist of a brief ' Power Point presentation to review Project status, highlights, funding, schedules, plus review of full size plans for the project. The CONSULTANT shall prepare draft meeting minutes and Page 10of25 Attachment B-Schwebke Shishkin & Associates, Inc. (SS&A) AlE Agreement 524 CR~EN 1ROMPSON & ASSOCIPJES INC. Engineers Planners Surveyors landscape Architects 3563 N.W. 53rd Street Fort lauderdale, FL33309-6311 (954)739-6400 February 22, 2013 Mr. Roberto Rodriguez Capital Projects Coordinator City of Miami Beach CAPITAL IMPROVEMENT PROJECTS OFFICE 1700 Convention Center D.rive Miami Beach, Florida 33139 RE: ROW INFRASTRUCTURE IMPROVEMENT PROGRAM VENETIAN ISLANDS BID PACKAGE 13C BID EVALUATION CT&A PROJECT NO. 12-0092 Dear Roberto, At the City's request, Craven Thompson (CTA) has reviewed the bid documents for the bid results for the Right of Way Infrastructure Improvement Program Venetian Islands -Neighborhood 13, Bid Package C; San Marino, Di Lido, and Rivo Alto. As part of our scope, CTA evaluated the bids for the following: • Unit prices and overall bid using recent projects of similar scope and the FDOT Statewide Averages • Plans and specifications for any issues/sea pe that were not clearly defined in the bid package. • Bid items that might result in an unbalanced bid or could result in future change orders that would increase the cost of the contract during construction. • Major issues that would affect the constructability, and for items that might result in change orders or might result in unit prices being higher or lower than standard averages. • Bid items that might substantially increase the project costs if the quantities increased due to field conditions. • Bid items that do not have correlating Measurement and Payment (M&P) descriptions, which could make enforcement of those contract items more difficult. Following is a summary of our findings addressing the increase in cost over the project budget, possible Value Engineering, and suggested questions for the contractors during the presentation. Fax(954)739-6409 Attachment C -Thompson & 525 Mr. Roberto Rodriguez CT&A Project No. 12-0092 January 2.8, 2013 2 A) RECENT BID COMPARISONS CTA has prepared an evaluation of bid tabulation with respect to the Opinion of Probable Costs in comparison to "recently bid projects" and FOOT Statewide averages. See attached spreadsheet with additional recent bid information. It is noted that the project costs are as high as 12.6% over the project budget (Base Bid) and A/E estimated cost. The FOOT specifications office Quarterly Price Trends (http://www.dot.state.fl.us/specificationsoftice/estimates/trends/Files/Quarter!yPriceTrends.pdf) shows increases in construction cost trends from 2011, and from the second and third quarters of 2012 into the fourth quarter of 2012. Another cause of higher construction costs is short term saturation of a local market with multiple similar scope projects which results in a limlted number of contractors having to pay overtime and premium rates due to temporary construction peaks. Their resources are limited and/or tied up on other projects. The project has an aggressive contract period of 456 days. This !s desirable to minimize the inconvenience to the homeowners, but comes at a higher cost to the project. A comparison of the amount of work required by contract per calendar day on other residential rehabilitation projects with more favorable project conditions is as follows: Project · (Pompano Be Sistrunk Blvd (Ft Lauderdale) Mcintosh Rd (Port Everglades) Venetian Islands Construction Contract Period (calendar days) 820 750 1,000 690 540 456 Bid Total $ 14,982 $ 10,558,209.50 17,611,455.50 $ 7,016,385.00 10,638 Cost of Construction per Contract Day {$/day) $ 18,271.21 $ 14,077.61 $ 17,611.46 $ 12,993.31 $ Scope ' W/S, Drainage, As illustrated by the amount of work to be completed per calendar day in this project (production rate of $23,329.37 per day) compared to other projects of similar nature (average production rate of $16,643.41 per day), the Construction Contract Period is aggressive, especially in light of the dewatering, soil conditions, and shorter workdays. There is also concern that the FPL interaction on the project for pole removal (after new pole installation) could result in time extensions if there are any delays on FPL's 526 Mr. Roberto Rodriguez CT&A Project No. 12-0092 February 22, 2013 part. Thus there is a higher premium to commit the resources necessary to complete the project within the contract time frame. B) COMPLEX SITE CONDITIONS Additionally, the unique and complex aspects of the site result in higher unit prices for many of the bid items. Following are examples of extraordinary site conditions • The high water table on the island results in water in every trench that will be excavated throughout the project. The contract that all pipes be installed in dry conditions, so the contractor will now need to dewater the excavation area by bringing in pumps and system of pipes to pump the water out of the excavation and pumping the water to a discharge point. The discharge of this water is complicated due to the constant high volume of water involved, and the fact that it needs to be cleaned up to eliminate turbidity prior to discharge. Regulatory agencies limit the volume and types of discharge, so the contractor will need to obtain a dewatering permitting that addresses their discharge methodology in an acceptable manner • Soil conditions in the project limits will require more careful trenching operations to avoid trench collapse ill Limited workday hours, as illustrated above, will require increased manpower to accomplish the work required within the 9:00-4:30 workday allowed by contract. Contractors normally work from around 7:00 to 4:30. The contractor will have a two hour shorter work period each day. This is compounded by the fact that the contractor will be trucking in the materials from offsite, due to restriction of onsite stored materials. • Since staging and storing of materials will be offsite, and there is limited access to the area with only one corridor into the the contractor's production will be affected. If the access to the site is affected in any way, much of the operation may be slowed or stopped due to the fact that the contractor may not be able to get materials to the site, or take water or unsuitable soil off of the site. ill Although there is always the need to coordinate with homeowners on residential fnfrastructure project, the need to interact with involved homeowners via the PIO on this project is even more crucial, due to the limited access to the homes, and dense working conditions. Many of these issues were raised and clarified in addendums after the original cost estimate was prepared, and may have resulted in even more conservative bid C) BID VARIATION WITH RESPECT TO MEANS AND METHODS, AND AVAILABLE SERVICE IN-HOUSE Comparatively, there were variations within the bids and some contractors had lower prices for certain types of work such as drainage or water installation, but that is partially due to the individual contractor's in-house specialty work. There are some issues of concern that should be addressed prior to award to be sure that all parties are in agreement with regard to scope and prices bid. Some examples are as follows: 527 Mr. Roberto Rodriguez CT&A Project No. 12-0092 February 22, 2013 • Some unit prices such as MOT (Lanzo bid of $6,000.00), Erosion/Sediment Control (Lanzo bid of $3,500.00), Remove and Reconstruct Specialty Driveway {Lanzo is significantly low), Construct new%" driveway (RieMan bid of $20), etc. The contractors should confirm in writing that the scope can be accomplished for the bid price, and that they will honor that price. • The status of any FPL, ATT, etc. work by others that could delay the contract should be clarified prior to signing the contract. The City should verify with the contractor that delays associated with work by others will not result in Compensable Delays. • Method of measurement of unsuitable material should be clarified during the preconstruction period to be sure ail parties are assuming the same type of measurement (plan measurement, bank cubic yards, truckload, etc.). Plan Measurement is the preferred method since it minimized field measurements via truck counts, or surveying trenches. This also minimizes interpretation. • Each contractor has their specialty type of work that they can accomplish for lower prices. For instance, Lanzo does sliplining in-house and can do the work for significantly lower cost than contractors who subcontract. • Items with particularly high comparative unit prices should be further analyzed because they could have a significant impact on the final construction cost. o If the Unsuitable Fill quantities increase due to field conditions, Lanzo's unit prices are noticeably higher. o If the number of irrigation repairs are significantly higher than 20 lots (which it would seem is likely, since most swales seem to be irrigated), then the CFE's overall contract price could increase by a substantial amount (if the number of lots increased by 50, the contract amount would increase by over $140,000.00). The intent of the scope should be better defined. Was it the City's intent to have any existing irrigation in the ROW removed and capped at the property line? If so, where is that cost covered? It is not specified on the Clear and Grade ROW M&P description. Is It the intent to apply this pay item only when an irrigation main vital to the operation of the private system needs to be relocated onto private property? If so, It should be discussed in detail with the contractor prior to start of construction to ensure proper documentation of quantities as work proceeds. We suggest possible options to reduce bid costs to more closely align with the project budget. After review with the City, many of the items have been considered and addressed by the City and the EOR. They are as follows: o Bid Items 57-62: 24" A2000 Pipe culvert is $55.00 LF and 36" A2000 Pipe culvert is $70.00 LF. Ask contractor for alternate RCP drainage culvert prices. Lanzo commonly installs pipe by diving rather than complete dewatering. Since this is drainage pipe and drainfield, discuss the assumptions made by Lanzo and determine if a cost savings could be achieved if diving were allowed. The A2000 drainage pipe might be considered for accepting a substitute material such as RCP or HDPE, if the contractors were asked to 528 Mr. Roberto Rodriguez CT&A Project No. 12-0092 February 22, 2013 submit unit prices for consideration. However, the City has informed us that the Public Works Dept. requires the A2000, and will not allow an alternate. o Bid Item 80, Water Service replacement, totals in the range of $800,000.00. The unit prices are reasonable based on the scope of work but there are a high number of units. Have the condition of the meter boxes and meters been verified to ensure that the replacement is required? Could the service just be replaced up to the existing meter box? The City had discussed this with Public Works and fond that Public Works has a new standard that requires 2" water meter boxes. Thus all meter boxes would be required to be replaced regardless of condition or age. (The City also stated that the meter box was not part ofthe original bid/estimate from 2.011, which increased the cost of the project by as much as several hundred thousand dollars) o Bid Item 100 for Type S-Ill Asphalt requires two 1" lifts. Could two%" lifts be considered rnstead? This is common for residential neighborhoods that do not have high truck traffic. If so the overall cost might reduce by around $148,000.00. However, the City has informed us that the Public Works Dept. requires two 1" lifts, and will not allow an alternate. , o Bid Item 112 is for Valley Gutter and totals about $500,000.00. Could this be eliminated and replaced with a small roadside swale? Valley inlets could be shifted behind the edge of pavement by 2'. This had been considered however, the City is concerned that homeowners would tend to encroach on the swale area with new planting that would inhibit flow in the swale, resulting in poor drainage conditions. o Bid item 130 for conduits includes hand excavating. Prices vary from $100,000.00 to $400,000.00, with Lanzo at $277,000.00. Normal unit prices are closer to $4.00/LF than the $10.50 quoted by Lanzo. A savings might be realized using limited areas of Ground Penetrating Radar and Vacuum Test Holes to more clearly define possible conflict in conduit paths. Given results from this type of testing, the unit prices for conduit installation not needing hand excavation could be reduced by half for a savings of around $130,000 or more, which might offset initial costs of additional exploration. The City clarified that they have specified that the conduits are to be installed in the same trench as the water main, thus minimizing the need for hand excavation. SUGGESTED QUESTIONS FOR CONTRACTORS AT THE PRESENTATION (ADMINISTRATIVE PANEl. REVlEW OF BIDDERS) Generally, we have no issue with the low bidder Lanzo's overall bid. We understand that no communication can take place with a bidder as mandated by the Cone of Silence, until Commission awards a contract. However, we would suggest that the Administrative Panel confirm the following information prior to award to ensure that all parties are comfortable with the bid results. General questions: 529 Mr. Roberto Rodriguez CT&A Project No. 12-0092 February 22, 2013 o Staging Conditions should be addressed by each contractor. Contactors may have assumed use of empty lots in the neighborhood, which is not likely to be acceptable. o MOT is of vital concern since the contractor will need to ensure that homeowners and emergency services have access at al! times. Contractors should outline how they plan to keep roads accessible during construction. o Phasing/Schedule is critical to the project, because the contract period is very tight. The contractor should have thought out how work will proceed from island to island, while taking into account the dewatering process, offsite limited workday, etc. If the contractor has not considered this thoroughly, prices will be affected. o The bidders do not detail their approach or construction methods, but some bid items may be subject to further discussion regarding how to accomplish the stated objective. In particular, density requirements in high water table conditions for road base and trench backfill are problematic. The contractor would need to dewater the affected area, keep it dewatered while importing dry material, keeping it dewatered during the compaction process, and then remove dewatering equipment. The difference in interpretation/approach to this seems to be reflected in the difference of unit prices ($20,000.00 to $61,800.00) for pay item 15 -Sheeting and Dewatering. Contractors should discuss their assumptions. o Handling of dewatering discharge needs clarification. The addendum states that sanitary sewer mains might be available for dewatering under exceptional circumstances; however each bidder may implement different dewatering processes to comply with approved permit conditions. Contractors should discuss their assumptions. Specific Questions for the low Bidder (Lanzo) due to pricing variations: • Bid Item 6: Maintenance of Traffic-Lanzo should confirm that $6,000.00 is adequate to cover the MOT for the duration of the project. The low unit price appears to be offset by higher Genera[ Conditions, but they need to confirm the $6,000.00 price in their bid form. • Bid Items 13 and 14: Unsuitable Material-Lanzo should confirm in writing that their method of measurement matches that assumed by the EOR when the bid quantities were calculated. The Lanzo unit prices are double the other bidders, and field measurement of quantities could result in a higher contract total cost. • Bid Item 18: Abandon Grout pipe -Lanzo should confirm that they will hold the unit price even if quantities are higher than the 200 LF in the bid. However the General Conditions include the following: 38.7, Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 530 Mr. Roberto Rodriguez CT&A Project No. 12-0092 February 22, 2013 7 • Bid Item 67: Sewer Lateral Conflict I Repairs-There is no Measurement and Payment (M&P) item In the specifications for this pay item, but the Lanzo and CFE prices are in line. Scope should be clarified. • Bid Item 68: Sewer Main Repairs -Lanzo's unit price is almost double that of the other bids. Lanzo's unit price could result in increase in cost if the quantity significantly increases in the field. The need for repairs should be closely monitored during construction to ensure that due care is taken to avoid any breaks that would require repair, and also to limit the extent of the repair work undertaken. • Bid Item 75-77: DIP wj Fittings-Lanzo's unit prices are lower than other bidders and FOOT State Averages. Lanzo should confirm in writing that the unit prices cover the scope of the work. • Bid Item 91: Erosion and Sediment Control-Prices vary greatly on this pay item between the three contractors and there is no M&P to define the scope. Lanzo may have been incorporated into other pay items under General Conditions but should confirm in writing that the scope is covered. • Bid items 96, 97, 98, 101, 104, 105, and 106: Lanzo should confirm during negotiation and prior to contract award that the work will be done at the unit prices in the bid for. Unit prices bid are significantly lower than FOOT State Averages and below other bidders. • Bid Item 65 and Alternate Storm Sewer A2: Restore and Slip line Existing 15" Pipe-Base Bid unit price is $72.00 and the credit unit price is $56.00. Lanzo should clarify the reason for the difference in price for the same work. Items to be Confirmed During Negotiation and Prior to Contract Award We have included sample Measurement and Payment items for some of the following items which were missing from the original bid documents, but recommend review by the EOR to ensure that they are inclusive of all scope envisioned in the design and cost estimating process. in Place existing drainage pipe/ grout Remove/ Dispose ancl I or add material to construct 3/4" asphalt drive with subgrade and base emove and Dispose fences and gates emove and Dispose rock greater than 100 pounds or 12" diameter 127 Tree trimming I pruning 129 Soil to back fill tree removal voids 531 Mr. Roberto Rodriguez CT&A Project No. 12-0092. February 2013 These bid items should be discussed with the selected contractor in detail prior to award of contract to ensure that all parties agree on method of payment and scope for each pay item, BID ANALYSIS CONClUSION As part of this evaluation we have compared the prices bid to multiple projects of similar nature. The referenced projects are all residential infrastructure improvement projects with new water, sewer, drainage, roadways, swales, landscape, and/or sidewalks being constructed within densely developed communities, or are infrastructure improvements in areas immediately adjacent to the IntraCoastal Waterway with poor soil conditions. These are both factors that affect the price of the projects, as opposed to a simple roadway project further west in different soil conditions. Work within residential neighborhoods requires phasing and scheduling to accommodate residential access and convenience. It also requires the contractor to keep the site safe 1 fill in excavations quickly, restore private property impacts immediately, and to keep affected homeowners and the City aware of any impacts to the community. Work in areas adjacent to Biscayne Bay and the IntraCoastal Waterway, and the soil conditions commonly found in these areas, require additional equipment, time, permitting, and planning in order to install the underground pipes. Per the contract, the pipes and culverts need to be installed in dry conditions. The contractor will be required to make special provisions to have dewatering permits, which wilt dictate the methods used to dewater. Areas close to large water bodies such as Biscayne Bay will have high water volumes to contend with during this discharge operation. The contractor must include additional time in the schedule to dewater the site, and make arrangements to dispose of the discharge. We have attached spreadsheet backup for our analysis of the bids. The first sheet is the summary of issues of concern or comments about the bids/specs. The second sheet outlines issues that we identified, and later verified were addressed by addendums. We have also attached a spreadsheet with prices bid on similar work. In summary, we find Lanzo's overall bid to be acceptable. However, some items as listed above should be further verified and confirmed to ensure that the contractor has included the full scope of work anticipated by the Engineer of Record 1 and to ensure that the construction methods will conform to City requirements. This may also require additional input from the EOR to confirm that this coincides with how the quantities for bid were calculated. There is concern that the FPL interaction on the project for pole removal (after new pole installation) could result in time extensions if there are any delays on FPL's part. Thus there is a higher premium to commit the resources necessary to complete the project within the contract time frame. Although the price is 12% higher than original estimates, we feel that the bid is acceptable based on the extraordinary site conditions including: • Dewatering that will require special permitting, additional equipment, planning for discharge disposal, and extra time in the schedule to accommodate the dewatering operation. 532 Mr. Roberto Rodriguez CT&A Project No. 12-0092 February 2013 9 • Staging that will require the contractor to haul material and equipment to the site on a daily basis rather than utilizing a site close to hand with no haul time. • Site access that is limited to one way in and one way out. Any closures will require the contractor to either slow down I shut down operations, or to reroute through the City which is impractical. • Time constraints that will shorten the productive workday for the contractor and require additional manpower in order to meet contract requirements. The schedule will need to be closely evaluated and coordinated. Additionally the general recent FDOT Quarterly Trend report indicates increases in construction costs that have caused the bids to exceed the project budget. This is demonstrated in the following table generated by FDOT to follow quarterly trends in constructions costs. Qu~rter !'lice ll'ends Rapon: AH cost ruaur lt.s~ The constraints noted throughout this report, in addition to the cost increases noted in the FDOT Quarter Trends Report above are the qualifiers for increases in the bid from the Engineer of Record's Estimated Cost and the 2011 Bids. 533 Mr. Roberto Rodriguez CT&A Project No. 12-0092 February 22, 2013 feel free to contact us with any questions. Respectfully, PAULA H. HOLLIHAN, P.E. Senior Superuising Engineer PHH/fdp Enclosures cc: Bob Cole 534 4, 2013, Land Surveyocs • Engineers. Land Planners 3240 ~Miramar, Florida 33025 • FalC: (954) 438-3288 Via: matildereves(ii),miamibeacfl[f.gpv Mrs, Matilde Reyes, Senior Capital Projects Coordinator City of Miami Beach Capita! Improvement Projects Office 1700 Convention Center Drive Miami Beach, Florida 33139 Phone,' 305-673-7000 Ext. 6884 Re: Venetian Islands Dear Mrs, the conm1ents it is OLU' Construction is the candidate for the infrastructure of the Islands. Our is based on how their overall bid amounts constxuction tasks and the fact their bid was lowest lt is aLso our opinion appear to have a of site conditions as reflected the individual bid amounts, In regards to the and cost reduction conditions and the overall increase in cost ofthc Attachment D-Schwebke 535 Inc. have influenced Inc. (SS&A) Qualification 1) Dewatering for the of utilities -The Contractor has to assume a large 2) 3) in our opinion, when be does not have a well defined on how to handle during constn1ction. f'nntr•:>l'ttwhas to assign risk to the based on the to LlSC a construction "'"~'"'"'•o" well or the type of treatment needed to deal with contaminated reqn:b:ements it is our ofinstalling uttiities eX11ausreo, or the cost am! ofthc contractor not vV>UIJ<CW.>"'-~ at the start ofthe the their lack of man power 'I11e Contractor's concems over the the utilities dttring the Venetian Islands were reflected in number ofRFl's related to this matter. In order to address the contractors' concerns field ""·'~u'"'" to the vertical and horizontalloeation of most ofthe utilities. The Contractors were also informed the would take an active roll in the relocation of the utilities to Lack of staging areas -The staging areas for can affect the overall The Contractors have to n:wke '"""""'-U"''"''w as to what areas have and if these areas are to be available over the course of with the staging area More find enclosed om responses to comments Thompson's Bid Evaluation. & 536 Mrs. M:atiide Reyes 4, 2013 It is difficult to to each ofthe factors stated above, Each contractors assigns risk to each of the IJ<vvv,_wvuu• to areas of strength and However, in our 12.6% increase the of Probable Cost EstinHate of2012. factors may account :fbr the this firm ln the first [t is also worthwhile to note that Atkins North D-1'-''-"·L'""' Inc. did not anticipate such large increases in the third of2012 when did a peer review of oll.r Opinion of Probable Cost. SCHWEl:Ui::E~.SHISKIN & ASSOCIATES, INC ACT/ld Enclosures cc: Robe1to of Miami Beach CIP T:ILYNDAJLETTERSIC!TF OF 114/AoHl BEACHAI1A 11LD£ REr'ES 02-04-2013 537 Per Craven Thompson & Associates, Inc.: At the City's request, Craven Thompson (CTA) has reviewed the bid documents for the bid results for the Right of Way Infrastructure Improvement Program Venetian Islands - Neighborhood 13, Bid Package C; San Marino, Di Lido, and Rivo Alto. As part of our scope, CTA evaluated the bids for the following: • Unit prices and overall bid using recent projects of similar scope and the FOOT Statewide Averages. • Plans and specifications for any issues/scope that were not clearly defined in the bid package. • Bid items that might result in an unbalanced bid or could result in future change orders that would increase the cost of the contract during construction. • Major issues that would affect the constructabllity, and for items that might result in change orders or might resu[t in unit prices being higher or lower than standard averages. • Bid items that might substantially increase the project costs if the quantities increased due to field conditions. " Bid items that do not have correlating Measurement and Payment (M&P) descriptions, which could make enforcement of those contract items more difficult. Specifically we have also considered the following aspects of the bid. • Feasibility of construction methods o The bidders do not detail their approach or construction methods, but some bid items may be subject to further discussion regarding how to accomplish the stated objective. In particular, density requirements in high water table conditions for road base and trench backfill are problematic. The contractor would need to dewater affected area, keep it dewatered while importing dry material, keeping it dewatered during the compaction process, and then remove dewatering equipment. The difference in interpretation/approach to this seems to reflected in the difference of unit prices ($20,000.00 to $61 ,800.00) for pay item 15- Sheeting and Dewatering. o Handling of dewatering discharge needs clarification. The addendum that sanitary sewer mains might be available for dewatering under 538 exceptional circumstances. The unknown aspect of this could result in higher bids. • Availability of materials and labor and alternative designs or materials o The materials specified are generally available. o The A2000 drainage pipe might be considered for accepting a substitute material such as RCP or HOPE, if the contractors were asked to submit unit prices for consideration. SS&A Response: Alternative materials were considered during the design phase. However, was not by the City and in our opinion could pose a significant cost increase to the project, • Time requirements for installation o Site Conditions will slow construction/installation rates down and will result in higher unit prices. Specifically, the high water table, poor soil conditions for trenching, 9:00 -4:30 workday requirement, and dense development will lessen the productivity of the contractor. o There is also concern that the FPL interaction on the project for pale removal (after new pole installation) could result in time extensions if there are any delays on FPL's part. a A comparison of work accomplished on other residential rehabilitation projects with sUghtly more favorable working conditions is as follows: As illustrated by the amount of work to be completed per calendar day compared to other projects of similar nature, the Construction Contract Period is aggressive, especially in light of the dewatering, soil conditions, and shorter workdays. SS&A We that the project schedule is It is our opinion that increasing the duration may help to reduce the .project cost. • Possible options to consider to reduce bid costs to more closely align with the bid are as follows: o Bid items 57 -62: 24" A2000 Pipe culvert is $55.00 LF and 36" A2000 Pipe culvert is $70.00 LF. Ask contractor for alternate RCP drainage culvert prices. Lanzo commonly installs pipe by diving rather than complete dewatering. Since this is drainage pipe and drainfield, discuss 539 the assumptions made by Lanzo and determine If a cost savings could be achieved if diving were allowed. SS&A Response: Currently, the City allows installing utility pipes under water when conditions of contaminated soils are encountered. We currently have no records of contaminated soils within the area. o Bid Item 80, Water Service replacement, totals in the range of $800,000.00. The unit prices are reasonable based on the scope of work but there are a high number of unrts. Has the condition of the meter boxes and meters been verified to ensure that the replacement is required? Could the service just be replaced up to the existing meter box? on our investigations of the meter boxes it is our opinion that many of them can be salvaged. However, of the boxes was a requirement of the Public Works Dept so that all boxes will be in compliance with current standards. o Bid Item 1 DO for Type S~lll Asphalt requires two 1" Hfts. Could two %" lifts be considered instead? This is common for residential neighborhoods that do not have high truck traffic. If so the overall cost might reduce by around $148,000.00. Response: Two 3/4" lifts of asphalt were considered, however, the Public Works would not accept anything less tllan 2" of asphalt. o Bid Item 112 is for Valley Gutter and totals about $500,000.00. Could this be eliminated and replaced with a small roadside swale? Valley inlets could be shifted behind the e.o.p. by 2'. We do not exclusion of the property valley gutters in consideration of existing encroachments, trees, bu!lt~up and existing utilities. It is our opinion that the valley gutters provide a cost effective means conveying stormwater runoff to the proposed inlets. o Bid item 130 for conduits includes hand excavating. Prices vary from $100,000.00 to $400,000.00, with Lanzo at $277,000.00. Normal unit prices are closer to $4.00/LF than the $10.50 quoted by Lanzo. A savings might be realized using limited areas of Ground Penetrating Radar and Vacuum Test Holes to more clearly define possible conftlct in conduit paths. Given results from this type of testing, the unit prices for conduit installation not needing hand excavation could reduced by half for a savings of around $130,000 or more, which might offset initial costs of additional exploration. 540 Addendum 10 provides for of machine excavation for a large portion of the project and for areas defined appropriate, however, it is possible that the contractor(s) may perceived that hand excavation would be required throughout the project due to the amount of underground utilities investigated. • CTA has prepared an evaluation of bid tabulation with to the Opinion of Probable Costs in comparison to "recently bid projects" and FDOT Statewide averages. See attached spreadsheet with additional recent bid information. It is noted that the project costs are as high as 12.6% over the project budget (Base Bid) and NE estimated cost. We have not found that material or installation costs have risen noticeably over the past 12 months. Nor have we found that materials are unavailable, which might also affect cost. Another cause of higher construction costs is short term flooding of a local market with multiple similar scope projects which results in a limited number of contractors having to pay overtime and premium rates due to temporary construction peaks. However, this doesn't seem to be the case either. Thus, based on a review of some of the unit prices bid, it appears that site conditions such as high water table, poor soil conditions requiring more careful trenching operations to avoid trench collapse, limited workday hours, restrictions on onsite stored materials, and the need to interact with involved homeowners via the PIO may have driven prices up. Many of these issues were raised and clarified in addenclums after original cost estimate was prepared, and may have resulted in more conservative bid prices. We have. included sample Measurement and Paymentitems for some of the following items which were missing from the original bid documents, but recommend review by the EOR to ensure that they are inclusive of all scope envisioned in the design and cost estimating process. Comparatively, there were variations within the bids and some contractors had lower prices for certain types of work such as drainage or water installation, but that is partially due to the individual contractor's in-house specialty work. There are some issues of concern that should be addressed prior to award to be sure that all parties are in agreement with regard to scope and prices bid. Some examples are as follows: " Same unit prices such as MOT (Lanzo bid of $6,000.00), Erosion/Sediment Control (Lanzo bid of $3,500.00), Remove and Reconstruct Specialty Driveway (Lanzo is significantly low), Construct new%" driveway (RieMan bid of $20), etc. The contractors should confirm in writing that the scope can be accomplished for the bid price, and that they will honor that price. • The status of any FPL, An, etc. work by others that could delay the contract should be clarified prior to signing the contract. The City should verify with the 541 contractor that delays associated with work by others will not result in Compensable Delays. • Method of measurement of unsuitable material should be clarified to be sure all parties are assuming the same type of measurement (plan measurement, bank cubic yards, truckload, etc). Plan Measurement is the preferred method since it minimized field measurements via truck counts, or surveying trenches. This also minimizes interpretation. • Some bid items for specific work are high but balance out with other associated work that is low. The concern is that the higher priced bid item occurs early in contract and the contractor wm be paid more up front, so the payment timing is skewed. An example of this is Pay Item 130 for conduits. Conduits are installed before conductors. The CFE price for the conduits (bid item 130) is substantiaHy higher than the Lanzo price for conduits. CFE would be paid a higher percentage of the electrical work initially. However the conductor price (bid item 132) is substantially lower than Lanzo's, so the overall electrical cost balances out. The difference is timing of payment " Each contractor has their specialty type of work that they can accomplish for lower prices. For instance, Lanzo does slip!ining in-house and can do the work for significantly lower cost than contractors who subcontract. • Items with particularly high comparative unit prices should be further analyzed because they could have a significant impact on the final construction cost. o If the Unsuitable Fill quantities increase due to field conditions, Lanzo's unit prices are noticeably higher. o If the number of irrigation repairs are significantly higher than 20 lots (which it would seem is likely, since most swales seem to be irrigated), then the CFE's overall contract price could increase by a substantial amount (if the number of lots increased by 50, the contract amount would increase by over $140,000.00). The intent of the scope should be better defined. Was it the City's intent to have any existing irrigation in the ROW removed and capped at the property line? lf so, where is that cost covered? It is not specified on the Clear and Grade ROW M&P description. Is it the intent to apply this pay item only when an irrigation main vital to the operation of the private system needs to be relocated onto private property? If so, it should be discussed in detail with the contractor prior to start of construction to ensure proper documentation of quantities as work proceeds. • Generally, we have no issue with the low bidder Lanzo's overall bid. We understand that no communication can take place with a bidder until 542 commission reviews the Administrative Panel's recommendation and awards a contract and the project is currently under the cone of silence. However, we would suggest that the Administrative panel assigned to the selection committee confirm the following information prior to award to Lanzo to ensure that all parties are comfortable with the bid. " Bid Item 6: Maintenance of Traffic-Lanzo should confirm that $6,000.00 is adequate to cover the MOT for the duration of the project. The low unit price appears to be offset by higher General Conditions, but they need to confirm the one $6,000.00 price. • Bid Items 13 and 14: Unsuitable Material~ should confirm in writing that their method of measurement matches that assumed by the EOR when the bid quantities were calculated. The Lanzo unit prices are double the other bidders, and field measurement of quantities could result in a higher contract total cost. • Bid Item 18; Abandon Grout pipe-Lanzo should confirm that they will hold the unit price even if quantities are higher than the 200 LF in the bid. However the General Conditions include the following: 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. • Bid Item 67: Sewer Latera! Conflict I Repairs -There is no Measurement and Payment (M&P) item in the specifications for this pay item, but the Lanzo and CFE prices are in line. should be clarified. • Bid Item 68: Sewer Main Repairs· Lanzo's unit price is almost double that of the other bids. Lanzo's unit price could result in large increase in cost if the quantity significantly increases in the field. The need for repairs should be closely monitored during construction to ensure that due care is taken to avoid any breaks that would require repair, and then the limits of the repair work undertaken. • Bid Item 75-77: DIP w/ Fittings-Lanzo's unit prices are lower than other bidders and FOOT State Averages. Lanzo should confirm in writing that the unit prices cover the scope of the work. • Bid Item 91: Erosion and Sediment Control -Prices vary greatly on this pay item between the three contractors and there is no M&P to define the scope. Lanzo 543 may have been incorporated into other pay items under General Conditions but should confirm in writing that the scope is covered. "' Bid items 96,97,98, 101, 104, 105, and 106: Lanzo should confirm in writing that the work will be done at the unit prices in the bid for. Unit prices bid are significantly lower than FDOT State Averages and below other bidders. • Bid Item 65 and Alternate Storm A2: Restore and Slipline Existing 15" Pipe-Base Bid unit price is $72.00 and the credit unit price is $56.00. Lanzo should clarify the reason for the difference in price for the same work. We have attached spreadsheet backup for our analysis of the bids. The first sheet is the summary of issues of concern or comments about the bids/specs. The second sheet outlines issues that we identified, and later verified were addressed by addendums. We have also attached a spreadsheet with prices bid on similar work .. In summary, we find Lanzo's overall bid to be acceptable. However, some items as listed above should be further verified and confirmed to ensure that the contractor has included the full scope of work anticipated by the Engineer of Record, and to ensure that the construction methods will conform with City requirements. This may also require additional input from the EOR to confirm that this coincides with how the quantities for brd were calculated. So although the price is 12% higher than original estimates, we feet that the bid is acceptable based on the Site Conditions including dewatering, poor soils, time limitations, etc as outlined above. 544 * i t ~ t ( ! I ' I m a "tt ""' £" p 0 1:WOO 22000 32000 42000 12001 22001 32001 42001 12002 2.2002 3 2002 42002 12003 22003 32003 42003 12004 2.2004 3 2004 42004 12005 22005 3 2005 42005 12006 22006 3 2006 42006 12007 22007 32007 42007 12008 22008 3 2008 4:2008 12009 2 2009 3 2009 1 4 20.09 I 12010 1 2 2010 1 32010 ! 42010 ' S17S ~·~~~~~~----~ .... .... "' ~ f3 !.11 f3 p 0 0 0 0 ~'~"'-'""""'"""" ___ ,.,,,~-=-"''«">~.,;,~.;..~o-.•'1'~"~~-""""'*'w~,,. "' "'· p. 0 ~ Q:? Ill -· .... n mro ~ -1 c::: "'' og t1l ::;::1 11> c. 3 Ill "' RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A CONTRACT AWARD, PURSUANT TO INVITATION TO BID NO. 49-11/12, FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM -VENETIAN ISLANDS BID PACKAGE 13C; AUTHORIZING THE MAYOR AND CITY CLERK TO AWARD A CONSTRUCTION CONTRACT TO LANZO CONSTRUCTION CO. FLORIDA, IN THE AMOUNT OF $9,699,509 BASE BID PLUS $640,028 FOR SELECTED ALTERNATES AND A PROJECT CONTINGENCY IN THE AMOUNT OF $1 ,033,954; FOR A TOTAL CONSTRUCTION COST OF $11,373,491 FROM PREVIOUSLY APPROPRIATED FUNDING IN THE CAPITAL BUDGET FROM THE FOLLOWING FUNDS: $2,842,713 FROM FUND 384-2003 GO BONDS - NEIGHBORHOOD IMPROVEMENTS; $2,336,942 FROM FUND 420 -W&S GBL SERIES 2010; $130,484 FROM FUND 423 -GULF BREEZE 2006; $450,275 FROM FUND 425 -WATER & SEWER ENTERPRISE FUND; $1,357,846 FROM FUND 427 -STORMWATER ENTERPRISE FUND; AND $2,254,223 FROM FUND 431 -STORMWATER BOND FUND 2011; AND AN ADDITIONAL $1,003,062 IN WATER & SEWER FUNDS AND $977,946 IN STORMWATER FUNDS SUBJECT TO THE 2N° AMENDMENT TO THE CAPITAL BUDGET FOR THE FISCAL YEAR 2012/13; AND FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT. WHEREAS, Invitation to Bid (ITB) No. 49-11/12 was issued on June 8, 2012, with an opening date of November 27, 2012; and WHEREAS, Bidnet issued bid notices to 439 prospective bidders, of which 36 downloaded the ITB document. In addition, 146 vendors were notified via e-mail, which resulted in the receipt of the following four (4) bids: Central Florida Equipment Rentals, Inc., Lanzo Construction Co. Florida, Ric-Man Construction Florida, Inc. and Ric-Man International, Inc.; and WHEREAS, through the Procurement Division's review of each bid for responsiveness, Ric-Man Construction Florida, Inc., the third-lowest bidder with a total base bid plus alternates at $10,880,287.61, was deemed unresponsive for failing to submit the correct Unit Price Breakdown Form provided in Addendum 10 of the ITB by submitting the form provided in Addendum 9 instead; and WHEREAS, the Administrative Review Panel consisted of the following individuals and convened on January 17, 2013, to interview the responsive bidders: • Michael Alvarez, Infrastructure Division Director, Public Works • Maria Hernandez, Senior Capital Projects Coordinator, CIP • James Murphy, Senior Planner, Planning • Matilde Reyes, Senior Capital Projects Coordinator, CIP • Jose Rivas, Civil Engineer Ill, Public Works; and WHEREAS, upon completion of the interviews, the Panel discussed each prospective 546 bidder's qualifications, experience, and competence to score and rank the firms accordingly pursuant to the evaluation criteria noted below, of which, Lanzo Construction Co. Florida received all five first-place votes for contract award: • 50 Points -Base Bid Price • 20 Points -Interview of key personnel • 10 Points -Risk Assessment PlanNalue Added Submittals • 10 Points -Past Performance Evaluation Surveys • 10 Points -Qualifications of Bidder • 5 Points -Local Preference for Miami Beach-Based Vendors • 5 Points -Preference for Florida Small Businesses Owned and Controlled by Veterans and to State-Certified Service-Disabled Veteran Business Enterprises; and WHEREAS, after considering the review and recommendation of the Panel, the Interim City Manager recommended to the Mayor and City Commission to award the contract to Lanzo Construction Co. Florida and further authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve a contract award, pursuant to Invitation to Bid (ITB) No. 49-11/12, for the Right-of-Way Infrastructure Improvement Program -Venetian Islands Bid Package 13C; authorizing the Mayor and City Clerk to award a construction contract to Lanzo Construction Co. Florida, in the amount of $9,699,509 base bid plus $640,028 for selected alternates and a project contingency in the amount of $1 ,033,954; for a total construction cost of $11,373,491 from previously appropriated funding in the Capital Budget from the following funds: $2,842,713 from Fund 384- 2003 GO Bonds-Neighborhood Improvements; $2,336,942 from Fund 420-W&S GBL Series 201 0; $130,484 from Fund 423 -Gulf Breeze 2006; $450,275 from Fund 425 -Water & Sewer Enterprise Fund; $1,357,846 from Fund 427 -Stormwater Enterprise Fund; and $2,254,223 from Fund 431 -Stormwater Bond Funds 2011; and an additional $1,003,062 in Water & Sewer funds and $977,946 in Stormwater funds subject to the 2nd Amendment to the Capital Budget for the Fiscal Year 2012/13; and further authorizing the administration to engage in value engineering to further reduce the cost and time for completion of said project. PASSED AND ADOPTED this __ day of-----'' 2013. ATTEST: CITY CLERK MAYOR T:\AGENDA\2013\March 13\ITB 49-11/12 -Venetian Islands ROW-RESO.doc 547 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 3-4:-\~ Date THIS PAGE INTENTIONALLY LEFT BLANK 548 COMMISSION ITEM SUMMARY Condensed Title: a resolution accepting the recommendation of the Neighborhood And Community Affairs Committee to amend Section 70-87(1) of the City Code granting an exemption allowing for the sale, service, possession and consumption of alcoholic beverages within designated approved beach concession area, subject to approval of amendments to the City's Amended And Restated Rules And Regulations For Beachfront Concession Operations to allow for such use. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The request to refer the discussion regarding amending the City Code as it pertains to the regulation of alcoholic beverages in public places was referred by Commission Lib bin in June 2010. The item was discussed at the February 19, 2013 Neighborhood and Community Affairs Committee (NCAC) meeting. The NCAC discussed this matter at their February 19, 2013 meeting where the Committee discussed that the current beach concession agreements, do not allow the sale of alcohol but the practice has occurred for years. The Administration indicated the current City Code prohibits the sale of alcohol on public property with (3) exceptions; a) Sidewalk Cafes having a valid sidewalk cafe permit, b) Public Property leased from the City by a private entity and licensed by the city for such use and c) Areas temporarily designed for such use by the City by the issuance of a valid event permit. A motion was made by Commissioner Tobin and unanimously approved by the Committee directing the administration to formulate a plan on how to structure this issue and to contact the businesses impacted to develop the amendments, as well as a method for charging the concessionaires. The Committee also requested the item be placed on the March City Commission agenda in order to receive direction from the full Commission. If the City Commission agreed with the recommendation of the NCAC, the Administration would begin to work with the Greater Miami and the Beaches Hotel Association, Marine Authority Board and Waterfront Protection Committee to develop language for the proposed City Code amendment, as well as a companion amendment to the Amended And Restated Rules And Regulations for Beachfront Concession Operations to allow for the sale, service, possession, and consumption of alcoholic beverages within an upland property owner's permitted beachfront concession operation. The Administration recommends the resolution be approved. Financial Information: Source of Amount Account Funds: 1 N/A OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin : Anna Parekh, Real Estate, Housing and Community Development Si n-Offs: Department Director AP M T:\AGENDA\2013\March 13\AccepUng NCAC recommendation-Ale MIAMI BEACH 549 AGENDA ITEM ~ 1 F DATE '$-/3-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: March 13, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE TO AMEND SECTION 70-87(1) OF THE CITY CODE GRANTING AN EXEMPTION ALLOWING FOR THE SALE, SERVICE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN DESIGNATED APPROVED BEACH CONCESSION AREA, SUBJECT TO APPROVAL OF AMENDMENTS TO THE CITY'S AMENDED AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS TO ALLOW FOR SUCH USE. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED N/A INTRODUCTION The request to refer the discussion regarding amending the City Code as it pertains to the regulation of alcoholic beverages in public places was referred by Commission Libbin in June 2010. The item was discussed at the February 19, 2013 Neighborhood and Community Affairs Committee (NCAC) meeting. BACKGROUND The City's Rules and Regulations for Beachfront Concession Operations were amended in January 1999, January 2002 and again in October 2003. The amendments were brought forth in an effort to improve the aesthetics, provide better organization and management of beach front activities, improve safety and enhance the overall experience of beachgoers. Over the years any amendments were developed in concert with the Greater Miami and the Beaches Hotel Association, Marine Authority Board and Waterfront Protection Committee (formerly the Beach Preservation Committee). Committee Discussion The NCAC discussed this matter at their February 19, 2013 meeting where the Committee discussed that the current beach concession agreements, do not allow the sale of alcohol but the practice has occurred for years. The Administration indicated the current City Code prohibits the sale of alcohol on public property with (3) exceptions; a) Sidewalk Cafes having a valid sidewalk cafe permit, b) Public Property leased from the City by a private entity and licensed by the city for such use and c) Areas temporarily designed for such use by the City by the issuance of a valid event permit. 550 Commission Memorandum NCAC Recommendation Regarding Alcohol Service on the Beach March 13, 2013 Page 2 of 3 A motion was made by Commissioner Tobin and unanimously approved by the Committee directing the administration to formulate a plan on how to structure this issue and to contact the businesses impacted to develop the amendments, as well as develop a method for charging the concessionaires. The Committee also requested the item be placed on the March City Commission agenda in order to receive direction from the full Commission. ANALYSIS This item has been pending discussion from the NCAC since it was first referred by Commission Libbin in June 2010. Currently the sale, service, possession, and consumption of alcoholic beverages on City beaches are not permitted. An exemption can be granted under Section 70- 87(1) of the City Code, unless the City Manager or City Commission grants such an exemption. If the City Commission agreed with the recommendation of the NCAC, the Administration would begin to work with the Greater Miami and the Beaches Hotel Association, Marine Authority Board and Waterfront Protection Committee to develop language for the proposed City Code amendment, as well as a companion amendment to the Amended And Restated Rules And Regulations for Beachfront Concession Operations to allow for the sale, service, possession, and consumption of alcoholic beverages within an upland property owner's permitted beachfront concession operation. One method to accomplish this is to require the preparation of drinks to occur from the upland property, which can only be sold to a patron of the beachfront concession who is either a guest of the upland property or their guest. Upland property owners would also need to expand the borders of their alcohol license, and they must have liquor liability insurance that indemnifies the City. Operational issues would also need to be address to dissuade patrons from leaving the approved concession area or the upland owner could be subject to fines under the City's Open Container laws. There would also need to be a review the existing beachfront concession fees to the upland property owners to account for the approval of this activity. City staff has begun to discuss charging the greater of: a minimum guarantee or a percentage of gross. The City would also have to determine realistic revenue projections for beachfront sales of food and beverage. The City would then use those projections to determine a fixed minimum guarantee rent payable quarterly (in advance or arrears). At the end of the first year, the City would collect the difference between the minimum guarantee and the percentage of gross. Staff is still researching to determine what percentage is reasonable. The City would also require point of sale cash registers and would also need to increase monitoring and auditing. CONCLUSION The Administration recommends adopting the resolution approving the recommendation of the NCAC to amend Section 70-87(1) of the City Code granting an exemption allowing for the sale, service, possession and consumption of alcoholic beverages within designated approved beach concession area, subject to approval of amendments to the City's Amended And Restated Rules And Regulations For Beachfront Concession Operations to allow for such use. KGB/MAS T:\AGENDA\2013\March 13\Accepting NCAC recommendation-Alcohol on beach MEMO.doc 551 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO AMEND SECTION 70-87(a)(1) OF THE CITY CODE TO PROVIDE AN EXEMPTION ALLOWING FOR THE SALE, SERVICE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN DESIGNATED APPROVED BEACH CONCESSION AREAS, SUBJECT TO THE APPROVAL OF AMENDMENTS TO THE CITY'S AMENDED AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS TO ALLOW FOR SUCH EXEMPTION. WHEREAS, the City's Rules and Regulations for Beachfront Concession Operations were amended in 1999, 2002 and again in 2003; and WHEREAS, amendments were brought forth in an effort to improve the aesthetics, provide better organization and management of beachfront activities, improve safety, and enhance the overall experience of beachgoers; and WHEREAS, the City Code prohibits the sale of alcohol on public property with (3) exceptions; a) sidewalk cafes having a valid sidewalk cafe permit, b) public property leased from the City by a private entity and licensed by the city for such use, and c) areas temporarily designed for such use by the City by the issuance of a valid special event permit; and WHEREAS, the sale, service, possession, and consumption of alcoholic beverages on City beaches is not permitted unless the City Manager or City Commission grants such an exemption under Section 70-87(a)(1) of the City Code; and WHEREAS, this matter was discussed at the February 19, 2013 Neighborhood/ Community Affairs Committee meeting and the Committee recommended that the Administration formulate a plan to structure this amendment and to contact the businesses impacted to develop the amendments, as well as to develop a method for charging the concessionaires. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the Neighborhood/Community Affairs Committee to amend Section 70- 87(a)(1) of the City Code to provide an exemption allowing for the sale, service, possession and consumption of alcoholic beverages within designated approved beach concession areas, subject to approval of amendments to the City's Amended And Restated Rules And Regulations For Beachfront Concession Operations to allow for such exemption. PASSED and ADOPTED this ____ day of ____ , 2013. ATTEST: MATTI HERRERA BOWE~rPROVED AS TO MAYOR FORM & LANGUAGE RAFAEL GRANADO CITY CLERK T:\AGENDA\2013\March 13\Accepting NCAC recommendation-Alcohol on beach RESO.doc 552 & FOR EXECUTION J..-3/4/IJ "---~~:::::::~-~-- Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving In Substance The Terms Of A Professional Services Agreement With The International City /County Management Association ("ICMA") For Review And Recommendations For Efficiencies For The Fire Department; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Agreement Based Upon The Approved Terms ; And Authorizing The Mayor And City Clerk To Execute The Final Agreement In An Amount Not To Exceed $70,000. Key Intended Outcome Supported: Increase resident ratings of public safety services Supporting Data (Surveys, Environmental Sean, etc.): N/A Issue: j Whether to Adopt the Resolution? Item Summary/Recommendation: As discussed at the Finance and Citywide Projects Committee meeting of July 9, 2012, the Administration had secured a proposal from ICMA to perform a study to determine the effectiveness and efficiency of the City of Miami Beach Police and Fire Departments. The initial resolution was rejected during the July 18, 2012 City Commission meeting. During the February 6, 2013 City Commission meeting, the Administration was directed to present a proposal by ICMA specifically focused on the Fire Department. This review will consider all aspects of the Department including operational and support functions. The Departments' performance will be evaluated and compared to nationally accepted standards. In addition to reviewing operational activities ICMA will analyze the internal functions of the agency. This will include review of internal documents such as policies and procedures, training, discipline, community relations, etc. ICMA's local government technical assistance includes workload and deployment analysis, using Operations Research techniques and credentialed experts to identify workload and staffing needs as well as best practices. ICMA has conducted approximately 140 such studies in communities ranging in size from 8,000 population Boone, lA to 800,000 population Indianapolis, IN and has recently concluded a study on the City of Las Vegas Fire and Rescue Services Department. The proposed study is presented in six phases with the total timeline approximating six months from start to written report presentation. The estimated cost is not to exceed $70,000 for the study inclusive of travel expenses which are proposed at $5,000 and a cost of $1 ,000 per person plus travel for presentations. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 $35,000 ~ 2 30,000 3 5,000 Total $70,000 Financial Impact Summary: Cit Clerk's Office Le islative Trackin Finance and Citywide Projects Committee t Director MIAMI BEACH 553 011-1210-000312 011-1210-000314 011-1210-000314 Account AGENDA ITEM DATE l~ry& .3-!3-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager j# DATE: March 13, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH APPROVING IN SUBSTANCE THE TERMS OF A PROFESSIONAL SERVICES AGREEMENT WITH THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION ("ICMA") FOR REVIEW AND RECOMMENDATIONS FOR EFFICIENCIES FOR THE FIRE DEPARTMENT; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO NEGOTIATE AND DRAFT THE AGREEMENT BASED UPON THE APPROVED TERMS ; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT IN AN AMOUNT NOT TO EXCEED $70,000. ADMINISTRATION RECOMMENDATION: Adopt the resolution. BACKGROUND The International City/County Management Association (ICMA) is a 100 year old, non- profit professional association of local government administrators and managers, with approximately 9,000 members located in 32 countries. Since its inception in 1914, ICMA has been dedicated to assisting local governments in providing services to its citizens in an efficient and effective manner. Their work spans all of the activities of local government-parks, libraries, recreation, public works, economic development, code enforcement, Brownfield's, public safety, etc. The ICMA Center for Public Safety Management (ICMAICPSMJ is one of four Centers within the US Programs of ICMA, providing support to local governments in the areas of police, fire, EMS, Emergency Management and Homeland Security. In addition to providing technical assistance in these areas ICMA also represents local governments at the federal level and are involved in numerous projects with the Department of Justice and the Department of Homeland Security. 554 ICMA's local government technical assistance includes workload and deployment analysis, using Operations Research techniques and credentialed experts to identify workload and staffing needs as well as best practices. ICMA has conducted approximately 140 such studies in communities ranging in size from 8,000 population Boone, lA to 800,000 population Indianapolis, IN. In addition, the ICMA just completed a study for the City of Las Vegas Fire and Rescue Department. ICMA Center for Public Safety Management acts as an objective and trusted broker tapping into the knowledge of the association's membership base and combining expertise from other appropriate experts to offer innovative ideas, lessons learned, and leading practices to communities. The program provides practical advice and resources that local government managers and staff need to improve services and service delivery in their communities. ANALYSIS As discussed at the Finance and Citywide Projects Committee meeting of July 9, 2012, the Administration had secured a proposal from ICMA to perform a study to determine the effectiveness and efficiency of the City of Miami Beach Police and Fire Departments. The item was presented at the July 18, 2012 City Commission meeting where the City Commission rejected the resolution. Subsequently, during the February 6, 2013 City Commission meeting, the City Commission directed the Administration to place an item on the March 13, 2013 City Commission meeting agenda, presenting a proposal from ICMA to perform a study to determine the effectiveness and efficiency of the City of Miami Beach Fire Department (MBFD). This review will consider all aspects of the Department including operational and support functions. The Departments' performance will be evaluated and compared to nationally accepted standards. In addition to reviewing operational activities, ICMA will analyze the internal functions of the agencies. This will include review of internal documents such as policies and procedures, training, discipline, community relations, etc. Methodology The ICMA team follows a standardized approach to conducting analyses of police, fire, and Emergency Management Services (EMS) departments. They have developed this standardized approach by combining the experience sets of dozens of subject matter experts in the areas of police, fire, homeland security and EMS. They begin projects by extracting calls for service and raw data from an agency's computer aided dispatch system. The data are sorted and analyzed for comparison to nationally developed performance indicators. These performance indicators (response times, workload by time, multiple unit dispatching, etc.) are valuable measures of agency performance. The findings are shown in tabular as well as graphic form and follow a standard format for presentation of the analyzed data. While the format will be similar from community to community, the data reported are unique to the specific community. Due to the size and complexity of the documents, this allows for simple, clean reporting. The reports generated from analyzing the data serve as the basis for many accreditation fire or police documents such as "Standards of Response Coverage" and the on-site review. 555 ICMA will conduct an operational review of the Fire and EMS of the MBFD alongside a data analysis using the performance indicators as the basis for the operational review. Prior to any on-site arrival of an ICMA team, agencies are asked to compile a number of key operational documents (policies and procedures, assets lists, etc.). Most on-site reviews consist of interviews with management and supervisors as well as rank and file fire fighters; attendance at roll calls; and ride-alongs with staff. They will review case files and observe dispatch operations to ensure compliance with the provided written documentation. As a result of any onsite visits and data assessments, ICMA subject matter experts produce observations and recommendations which highlight strengths, weaknesses, opportunities and threats of the Fire Department. This standardized approach insures that they measure and observe all of the critical components of agencies which establish the baseline performance levels. This information can be used to benchmark against comparable cities. ICMA is able to do this because they recognize that while agencies may vary in size and challenges, there are best practices in use throughout the country. ICMA likens this standardized approach to the manner of an auditing process: • Asks questions and requests documentation upon project start up; • Confirm accuracy of information received; • Deploy operations teams onsite to research the uniqueness of each environment; • Perform data modeling and share preliminary findings with each city; and • Assess any inconsistencies reported by client cities and communicate the results in a formal, written report. TERMS The proposed study is presented in seven phases with the total timeline approximating six months from start to written report presentation. The estimated cost is not to exceed $70,000 for the study plus travel expenses which are proposed at $5,000 and a cost of $1,000 per person plus travel for presentations. A copy of the proposal is attached for your review. CONCLUSION We recommend that the Mayor and City Commission approve in substance the terms of a professional services agreement with the International City/County Management Association ("ICMA") for review and recommendations for efficiencies for the Fire Department; authorizing the City Manager and City Attorney's Office to negotiate and draft the Agreement based upon the approved terms; and authorizing the Mayor and City Clerk to execute the final Agreement in an amount not to exceed $70,000, inclusive of travel expenses which are proposed at $5,000 and a cost of $1 ,000 per person plus travel for presentations. KGB:PDW/CMG ATTACHMENT: ICMA Proposal T:\AGENDA\2013\March 13\ICMA Study Commission Memo.Docx 556 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH APPROVING IN SUBSTANCE THE TERMS OF A PROFESSIONAL SERVICES AGREEMENT WITH THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION ("ICMA") FOR REVIEW AND RECOMMENDATIONS FOR EFFICIENCIES FOR THE FIRE DEPARTMENT; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO NEGOTIATE AND DRAFT THE AGREEMENT BASED UPON THE APPROVED TERMS ; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT IN AN AMOUNT NOT TO EXCEED $70,000. WHEREAS, on July 9, 2012 a recommendation was made by the Finance and Citywide Projects Committee to have a study performed for review and recommendations for efficiencies for the Police and Fire Departments; and WHEREAS, on July 18, 2012 the City Commission rejected a resolution approving said Agreement; and WHEREAS, on February 6, 2013, the City Commission directed the Administration to present a proposal from the ICMA regarding a study of review and recommendations for efficiencies for the Fire Department; and WHEREAS, the International City/County Management Association (ICMA) is a 100 year old, non-profit professional association of local government administrators and managers, with approximately 9,000 members located in 32 countries; and WHEREAS, The ICMA Center for Public Safety Management (ICMAICPSMJ is one of four Centers within the US Programs of ICMA, providing support to local governments in the areas of police, fire, EMS, Emergency Management and Homeland Security, and WHEREAS, ICMA's local government technical assistance includes workload and deployment analysis, using Operations Research techniques and credentialed experts to identify workload and staffing needs as well as best practices. ICMA has conducted approximately 140 such studies in communities ranging in size from 8,000 population Boone, lA to 800,000 population Indianapolis, IN; and NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the terms of a professional services agreement with The International City /County Management Association ("ICMA") for review and recommendations for efficiencies for the Fire Department are approved in substance and that the City Manager and City Attorney's office are authorized to negotiate and draft the agreement based upon the approved terms ; and the Mayor and City Clerk are authorized to execute the final agreement in an 557 amount not to exceed $70,000 inclusive of travel expenses which are proposed at $5,000 and a cost of $1,000 per person plus travel for presentations. PASSED AND ADOPTED this ___ day of March, 2013. ATTEST BY: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR 558 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Proposal for Comprehensive Analysis of Fire I EMS Services C E N T E R F 0 R Miami Beach, Florida P U B L I C S A F E T Y Submitted by: ICMA Center for Public Safety Management International City/County Management Association 777 North Capitol Street NE, Suite 500 Washington, DC 20002 716-969-1360 I€MA Leaders at the Core of Better Communities 559 M A N A G E M E N T I Leaders at the Core of Better Communities February 22, 2013 Ms. Kathie G. Brooks Interim City Manager City of Miami Beach 1 700 Convention Center Drive Miami Beach, Florida 33139 Dear Ms. Brooks: The ICMA Center for Public Safety Management is pleased to submit this proposal for an analysis of emergency services for Miami Beach. The ICMA approach is unique and more comprehensive than ordinary accreditation or competitor studies. In general, our analysis involves the following major outcomes: • Examine the department's organizational structure and culture; • Perform gap analysis, comparing the "as is" state of the department to the best practices of industry standards; • Recommend a management framework to ensure accountability, increased efficiency and improved performance; • Conduct a data-driven forensic analysis to identify actual workload; • Identify and recommend appropriate staffing and deployment levels for every discrete operational and support function in the department. This proposal is specifically designed to provide the local government with a thorough and unbiased analysis of emergency services in your community. We have developed a unique approach by combining the experience of dozens of subject matter experts in the areas of emergency services. The team assigned to the project will have hundreds of years of practical experience managing emergency service agencies, a record of research, academic, teaching and training, and professional publications, and extensive consulting experience completing hundreds of projects nation-wide. The team assembled for you will be true "subject matter experts" not research assistants or interns. ICMA has provided direct services to local governments worldwide for almost 1 00 years, which has helped to improve the quality of life for millions of residents in the United States and abroad. L along with my colleagues at ICMA, greatly appreciate this opportunity and would be pleased to address any comments you may have. You may contact me at 716.969.1360 or via email at lmatarese@icma.org Sincerely, Leonard A. Matarese, ICMA-CM, IPMA-HR Director, Research and Project Development ICMA Center for Public Safety Management ICMA Center for Public Safety Management -Miami Beach, FL 560 Page 2 of 21 • • Tlla A11mmialimm at : • @$ • 100 International City /County Management Association (ICMA) The International City /County Management Association {ICMA) is a 100 year old, non-profit professional association of local government administrators and managers, with approximately 9,000 members located in 32 countries. Since its inception in 1914, ICMA has been dedicated to assisting local governments in providing services to its citizens in an efficient and effective manner. Our work spans all of the activities of local government -parks, libraries, recreation, public works, economic development, code enforcement, Brownfield's, public safety, etc. ICMA advances the knowledge of local government best practices across a wide range of platforms including publications, research, training, and technical assistance. Our work includes both domestic and international activities in partnership with locaL state and federal governments as well as private foundations. For example, we are involved in a major library research project funded by the Bill and Linda Gates Foundation and we are providing community policing training in Panama working with the U.S. State Department. We have personnel in Afghanistan assisting with building wastewater treatment plants and have teams in Central America providing training in disaster relief working with SOUTHCOM. The ICMA Center for Public Safety Management (ICMA/CPSMJ is one of four Centers within the US Programs Division of ICMA providing support to local governments in the areas of police, fire, EMS, Emergency Management and Homeland Security. In addition to providing technical assistance in these areas we also represent local governments at the federal level and are involved in numerous projects with the Department of Justice and the Department of Homeland Security. ICMA/CPSM is also involved in police and fire chief selection; assisting local governments in identifying these critical managers thru original research we have conducted identifying the core competencies of police and fire managers and providing assessment center resources. Our local government technical assistance includes workload and deployment analysis, using our unique methodology and subject matter experts to examine department organizational structure and culture, identify workload and staffing needs as well as industry best practices. We have conducted over 150 such studies in 30 states and 91 communities ranging in size from 8,000 population Boone, lA, to tourist meccas such as 586,000 population Las Vegas, to state capitols such as 800,000 population Indianapolis, IN. Thomas Wieczorek is the Director of the Center for Public Safety Management. Leonard Matarese serves as the Director of Research & Program Development. ICMA Center for Public Safety Management -Miami Beach, FL Page 3 of 21 561 • • Project Staffing Ml : • 1% • 1% The proposal will look at the fire and EMS services of Miami Beach, Florida. For this project, the ICMA has assembled a premier team of experts from a variety of disciplines and from across the United States. The goal is to develop recommendations that will enable it to produce the outcomes necessary to provide critical emergency services consistent with the community's financial capabilities. The team will consist of a Project Manager, two Team Leaders and several senior public safety Subject Matter Experts selected from our team specifically to meet the needs of the community. The management organizational chart for the project includes the following Key Team Members: ICMA Center for Public Safety Management -Miami Beach, FL Page 4 of 21 562 Project Manaaer Director of Research and Project Development, ICMA Center for Public Safety, Leonard Matarese, MPA, ICMA-CM, IPMA-CP • Background Mr. Matarese is a specialist in public sector administration with particular expertise in public safety issues. He has 44 years' experience as a law enforcement officer, police chief, public safety director, city manager and major city Human Resources Commissioner. He was one of the original advisory board members and trainer for the first NIJIICMA Community Oriented Policing Project which has subsequently trained thousands of municipal practitioners on the techniques of the community policing philosophy over the past 18 years. He has managed several hundred studies of emergency services agencies with particular attention to matching staffing issues with calls for service workload. Recognized as an innovator by his law enforcement colleagues he served as the Chairman of theSE Quadrant, Florida, Blue Lighting Strike Force, a 71 agency, U.S. Customs Service anti-terrorist and narcotics task force and also as president of the Miami-Dade County Police Chief's Association-one of America's largest regional police associations. He represents ICMA on national projects involving the United States Department of Homeland Security, The Department of Justice, Office of Community Policing and the Department of Justice, Office Bureau of Justice Assistance. He has also served as a project reviewer for the National Institute of Justice and is the subject matter expert on several ICMA I USAID police projects in Central America. As a public safety director he has managed fire I EMS systems including ALS transport. He was an early proponent of public access and police response with AEDs. Mr. Matarese has presented before most major public administration organizations annual conferences on numerous occasions and was a keynote speaker at the 2011 annual PERF conference. He was a plenary speaker at the 2011 TAMSEC Homeland security conference in Linkoping, Sweden and at the 2010 UN Habitat PPUD Conference in Barcelona, Spain. He has a Master's degree in Public Administration and a Bachelor's degree in Political Science. He is a member of two national honor societies and has served as an adjunct faculty member for several universities. He holds the ICMA Credentialed Manager designation, as well as Certified Professional designation from the International Public Management Association-Human Resources. He also has extensive experience in labor management issues, particularly in police and fire departments and is currently editing an ICMA book on the selection of police and fire chiefs. ICMA Center for Public Safety Management -Miami Beachi FL Page 5 of 21 563 Data Assessment Team ICMA Center for Public Safety Senior Team Members Dov Chelst, Ph.D., Director of Quantitative Analysis • Background Dr. Chelst is an expert in analyzing public safety department's workload and deployment. He manages the analysis of all public safety data for the Center. He is involved in all phases of The Center's studies from initial data collection, on-site review, large-scale dataset processing, statistical analysis, and designing data reports. To date, he has managed over 140 data analysis projects for city and county agencies ranging in population size from 8,000 to 800,000. Dr. Chelst has a Ph.D. Mathematics from Rutgers University and a B.A. Magna Cum Laude in Mathematics and Physics from Yeshiva University. He has taught mathematics, physics and statistics, at the university level for 9 years. He has conducted research in complex analysis, mathematical physics, and wireless communication networks and has presented his academic research at local, national and international conferences, and participated in workshops across the country. Senior Public Safety Subject MaHer Expert David Martin, Ph.D., Senior Researcher in the Center for Urban Studies, Wayne State University • Background Dr. Martin specializes in public policy analysis and program evaluation. He has worked with several police departments to develop crime mapping and statistical analysis tools. In these projects he has developed automated crime analysis tools and real-time, dashboard-style periormance indicator systems for police executive and command staff. Dr. Martin teaches statistics at Wayne State University. He is also the program evaluator for four Department of Justice Weed and Seed sites. He is an expert in the use of mapping technology to analyze calls for service workload and deployments. Senior Public Safety Subject MaHer Expert Gang Wang, Ph.D., Fire & EMS Services Data Analyst • Background Gang Wang received the dual bachelor degrees in industrial design and management science, and the M.S. in information system from Chongqing University in China and the Ph.D. degree in industrial engineering from Wayne State University. He has five years experience in enterprise information system and eight years experience in data analysis and applied mathematical modeling. He has rich experience in areas of automotive, travel and public safety with particular emphasis in fire I EMS analysis. He has published a book chapter and several journal articles. ICMA Center for Public Safety Management -Miami Beach, FL Page 6 of 21 564 Operations Assessment Team -Fire Unit Director, ICMA Center for Public Safety Management Thomas Wieczorek, Retired City Manager Ionia, Ml; former Executive Director Center for Public Safety Excellence • Background Thomas Wieczorek is an expert in fire and emergency medical services operations. He has served as a police officer, fire chief, director of public safety and city manager and is former Executive Director of the Center for Public Safety Excellence (formerly the Commission on Fire Accreditation International, Inc.). He has taught a number of programs at Grand Valley State University, the National Highway Traffic Safety Administration (NHTSA), and Grand Rapids Junior College. He has testified frequently tor the Michigan Municipal League before the legislature and in several courts as an expert in the field of accident reconstruction and fire department management. He is the past-president of the Michigan Local Government Manager's Association; served as the vice-chairperson of the Commission on Fire Officer Designation; and serves as a representative of ICMA on the NFPA 1710 career committee. He most recently worked with the National League of Cities and the Department of Homeland Security to create and deliver a program on emergency management tor local officials titled, "Crisis Leadership for Local Government Officials." It has been presented in 43 states and has been assigned a course number by the DHS. He represents ICMA on the NFPA 1710 and 1730 Standards Committees and is a board member on the International Accreditation Service, a wholly owned subsidiary of the International Code Council. He received the Mark E. Keane "Award for Excellence" in 2000 from the ICMA, the Association's highest award and was honored as City Manager of the Year (1999) and Person of the Year (2003) by the Rural Water Association of Michigan, and distinguished service by the Michigan Municipal League in 2005. Senior Manager of Fire and EMS Chief Joseph Pozzo (Ret.), MPA, CFO. Former Deputy Director, Volusla County Department of Public Protection; former Director and Fire Chief, Volusla County, Florida, Retired Fire Chief, Loudon County, Virginia, former Fire Chief Portsmouth, Virginia. • Background Chief Pozzo has enjoyed a thirty-tour (34) year career in public service. Before joining the ICMA team, Chief Pozzo served as the Deputy Director of the Department of Public Protection Volusia County, Florida, where he was responsible tor the operations of Fire, EMS, Emergency Management, Medical Examiner, Beach Safety, Corrections, and Animal Services. He was formerly Chief of the Volusia County Fire Services. This agency is a combination department providing fire suppression and EMS services with career firefighters and volunteer members. The agency operates out of 23 stations. Prior to Chief Pozzo's appointment in 2010 in Volusia County, he served as the Chief of the Loudoun County Department of Fire and Rescue. This agency is a ICMA Center for Public Safety Management -Miami Beach, FL Page 7 of 21 565 combination fire and rescue system providing fire, rescue, and emergency management services to one of the fastest growing counties in the nation. The fire and rescue system provides these services to over 275,000 permanent residents living in 520 square miles of diverse suburban and rural area located within the National Capital Region. Fire, Rescue and Emergency Management services are executed through 450+ career staff and over 1 ,300 volunteer members operating out of nineteen stations. Prior to his appointment with Loudoun County, Chief Pozzo served as Chief of the Portsmouth Fire, Rescue and Emergency Services Department. This agency is one of the oldest professional departments on the eastern seaboard and serves over 95,000 residents within a 30 square miles area. Chief Pozzo also served in the City of Virginia Beach, Va. Fire Department for 19 years reaching the level of Battalion Chief prior to embarking on his career as a Fire Chief /Director. He holds a Master of Public Administration degree from Troy University where he graduated with honors, a B.A. in Public Administration from Saint Leo University and several associate degrees including an AAS in Fire Science and Protective Services. He holds the Chief Fire Officer Designation from Center for Public Safety Excellence and has served as an Adjunct Instructor for the Virginia Department of Fire Programs. Senior Associate -EMS Mark O'Keefe, Operations Manager Volusia County Emergency Medical Services (EV AC) Daytona Beach, Florida • Background Mr. O'Keefe is an expert in the management of large High Performance Emergency Medical Services (HPEMS). The Volusia County system covers 1,207 square miles, 16 cities, 47 miles of Atlantic Ocean beaches, two major rivers, urban, suburban, rural and wilderness areas as well as the many special events such as The Daytona 500, Coke Zero 400, Bike Week, Spring Break, and Biketoberfest. In addition to providing daily supervision of all on-duty employees on EMS units he also manages the System Status Controllers in the communications center and the deployment of EMS in Volusia. He has 33 years experience in the emergency medical services holding numerous field positions and supervisory and management assignments as well as serving as chief training officer for several EMS agencies. He holds the American Ambulance Association, Certified Ambulance Service Manager (ASM) credential. Mr. O'Keefe served on the Editorial Board Journal of Emergency Medical Services (JEMS) at Elsevier Public Safety Publications for 21 years and wrote a monthly column for the journal. He is an expert in Speed Loading Inventory Control as well as Deployment Monitor Systems, having worked extensively with the Mobile Area Routing and Vehicle Location Information System™ (MARYUS) High Performance EMS ambulance deployment monitor system for System Status Controllers. He holds the Bachelor of Applied Science (BAS) in Supervision and Management with honors from Daytona State College. Associate of Arts (A.A.), Education Daytona State College Associate of Applied Science (AAS), Emergency Medical Services Daytona Beach Community College ICMA Center for Public Safety Management -Miami Beach, FL Page 8 of 21 566 Senior Associate Gerard J. Hoetmer, MPA, retired Executive Director of Public Entity Risk Institute, Fairfax, Virginia • Background Gerry Hoetmer is an expert in fire services, emergency management, and risk management. He served as the founding executive director of the Public Entity Risk Institute, a nonprofit organization that provided training, technical assistance, and research on risk management issues for local government and other public and quasi-public organizations. During his tenure as executive director he was a member of the National Academy of Sciences Disaster Roundtable. Prior to his position as executive director at PERL Mr. Hoetmer worked at ICMA for 19 years, most recently as the director of research and development. He has written extensively on local government emergency management, the fire service, code enforcement, and risk management issues. Seminal works include the first report to Congress on fire master planning and the first edition of Emergency Management: Principles and for Local Government. In addition to providing expert testimony before Congress and local arbitration boards on fire staffing and scheduling issues, Mr. Hoetmer represented ICMA on the NFPA 1500 Standard on Occupational Safety and Health; NFPA 1201, the Standard for Providing Emergency services to the Public; and the NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments. Mr. Hoetmer has developed and conducted training programs and seminars at FEMA's Emergency Management Institute and the National Fire Academy in Emmitsburg, Maryland. He holds a Bachelors from the State University of New York, New Paltz and the Master of Public Administration degree from the University of Colorado at Denver Senior Associate Chief John (Jack) Brown (Ret.), BA, MS, EFO, Director, Arlington County Office of Emergency Management, Retired Assistant Chief Fairfax County Fire & Rescue Department • Background Jack Brown's 40 year public safety career includes 29 years with the Fairtax County, Virginia Fire & Rescue Department, where he retired as Assistant Fire Chief of Operations. He served in a number of operational and staff positions, including the Office of the Fire Marshal where he attained NFPA certification as a Fire Inspector II and Fire Investigator. As an investigator, he conducted post fire and post blast investigations, assisting in the prosecution of offences involving arson and illegal explosives. He served as a Planning Section Chief and Task Force Leader for the Fairtax County Urban Search and Rescue Task Force (VA TF-1 ) . He deployed to Nairobi, Kenya as Plans Chief in response to the 1998 embassy bombing and as Task Force Leader on a deployment to Taiwan in response to an earthquake in 1999. Upon his retirement from Fairtax County in 2000, he became the Assistant Chief for the Loudoun County Department of Fire, Rescue and Emergency ICMA Center for Public Safety Management -Miami Beach, FL Page 9 of 21 567 Management, where he led a team of firefighters to the Pentagon on 9/11 and assisted the Arlington County Fire Department as the initial Planning Section Chief for the incident. Jack served as Planning Section Chief on a Northern Virginia multi-jurisdictional emergency management task force that reestablished the New Orleans Emergency Operations Center just after Hurricane Katrina. He retired from Loudoun County in 2006 to pursue a career in emergency management. Brown retired from the Coast Guard Reserve as a Chief Warrant Officer 4, specializing in port safety and security, with 33 years of combined Army and Coast Guard Reserve service. After 9/11, he served on active duty for 47 months, including 15 months in the Middle East. He received the Bronze Star Medal for actions in Baghdad, Iraq while supporting combat operations during Operation Iraqi Freedom. Brown holds a bachelor's degree in Fire Science Administration from the University of Maryland and a master's degree in Quality Systems Management from the National Graduate School, Falmouth, Massachusetts. He is a 1997 graduate of the National Fire Academy's Executive Fire Officer Program at the National Emergency Training Center, Emmitsburg, Maryland. He has been an adjunct professor at the Northern Virginia Community College and the University of the District of Columbia in the Fire Science curriculums. He is a graduate of the Executive Leadership Program in the Center for Homeland Defense and Security at the Naval Postgraduate School, Monterey, California. Senior Associate Chief Donald James (Ret.), MPA, Retired Assistant Chief, Miami-Dade Fire Rescue • Background During a career spanning 30 years, Donald C. James retired in 2005 as an Assistant Fire Chief with the Miami Dade Fire Rescue Department. In that capacity he assumed oversight of various functional areas to include Fire Prevention, Facilities Management and Construction, Communications, Emergency Medical Services and Training Divisions. As a Division Director, he was responsible for multimillion dollar budgets for Community Relations, Emergency Medical Services, Communications and Fire Prevention. In 1996 he was honored by the National Fire Protection Association as the "Learn Not To Burn Champion" with a Safe Cities Award Grant. Working in conjunction with Miami Dade Public Schools, the grant provides for the teaching of a fire safety curriculum at the elementary grade levels. Among other accomplishments, he was also instrumental in the development of the department's Infectious Disease Control Policy and Procedure-one of the first of its kind in the fire service nationwide. Mr. James received his Associates degree in Fire Science Technology from Miami Dade College. He holds a Bachelor's degree in Public Administration from Barry University in Miami Shores, and Master's degree in Public Administration from Florida International University, Miami. ICMA Center for Public Safety Management -Miami Beach, FL Page 10 of 21 568 • • 11ncjeall &aHiaiJwla WI : • WI Milestone 1 -Full execution of the agreement Agreement will identify Project Launch date. Milestone 2-Project Launch II WI We will conduct an interactive telephone conference with local government contacts. Our project leads will launch the project by clarifying and confirming expectations, detailing study parameters, and commencing information gathering. Milestone 3a -Information Gathering and Data Extraction-30 Days Immediately following project launch, the operations leads will deliver an information request to the department. This is an extensive request which provides us with a detailed understanding of the department's operations. Our experience is that it typically takes an agency several weeks to accumulate and digitize the information. We will provide instructions concerning uploading materials to our website. When necessary, the lead will hold a telephone conference to discuss items contained in the request. The team lead will review this material prior to an on-site visit. Milestone 3b -Data Extraction and Analysis -14 Days Also immediately following the project launch the Data Lead will submit a preliminary data request, which will evaluate the quality of the Computer Aided Dispatch (CAD) system data. This will be followed by a comprehensive request for data from the CAD system to conduct the response and workload analysis. This request requires a concerted effort and focused response from your department to ensure the timely production of required for analysis. Delays in this process will likely extend the entire project and impact the delivery of final report. The data team will extract one year's worth of Calls for Service (CFS) from the CAD system. Once the Data Team is confident the data are accurate, they will certify that they have all the data necessary to complete the analysis. Milestone 3c -Data Certification -14 days Milestone 4a -Data Analysis and Delivery of Draft Data Report -30 days Within thirty days of data certification, the analysis will be completed and a draft, unedited data report will be delivered to each of the departments for their review and comment. After the data draft report is delivered, an on-site visit by the operations team will be scheduled. Milestone 4b -Departmental Review of Draft Data Report -14 days The department will have 10 days to review and comment on the draft unedited data analysis. During this time, our Data team will be available to discuss the draft report. The Department must specify all concerns with the draft report at one time. Milestone 4c -Final Data Report - 1 0 days After receipt of the department's comments, the data report will be finalized within 10 days. Milestone 5 -Conduct On-Site Visit -30 days Subject matter exper.ts will perform a site visit within 30 days of the delivery of the draft data report. Milestone 6 -Draft Operations Report-30 days Within 30 days of the last on-site visit, the operations team will provide a draft operations report to each department. Again the departments will have 10 days to review and comment. Milestone 7-Final Report 15 days Once the Department's comments and concerns are received by ICMA the combined final report will be delivered to the city within 15 days. TOTAL ELAPSED TIME: 1 05 -135 days ICMA Center for Public Safety Management -Miami Beach, FL Page 11 of 21 569 • • lllm I(MA A••nmaali: llinm/DlMR j£ : • oo • 00 Operations Review Using information analyzed by the data team, an operational assessment by ICMA technical experts will be conducted to evaluate the deployment of emergency resources. The ICMA team will evaluate equipment, maintenance, records, policies, procedures, mapping, implemented technology and innovations, facilities, training, and staff to create recommendations for future service delivery. The team may meet with elected and appointed officials as well as identified community leaders to determine the outcome they are seeking from deployment of resources. Observations and recommendations will be developed around key performance and analysis areas in the completion of the report and include: • Comprehensive Data Analysis 0 Incident Type Workload 0 Response Time 0 Unit Workload 0 Analysis of Busiest Hour • Governance and Administration 0 Organizational Structure 0 Organizational Leadership 0 Staffing and Deployment 0 External Relationships • Organizational Behavior /Management /Processes 0 Time Allocation of Staff 0 Organizational Communication 0 Strategic Planning 0 Performance Measurement • Financial Resources (Operating and Capital Resources) • Programs (To include fire suppression, EMS, fire prevention, public education, fire investigation, technical rescue, hazardous materials, emergency management,, and other service delivery programs) • Risk Management/ All hazards approach to community protection • ISO/ Accreditation Benefit Analysis Using GIS technology we will review the current locations of deployed equipment and stations with recommendations developed for the future. Key to making these determinations will be response time for dispatched units and call density. The ICMA data team has created a methodology for determining resource utilization that quantifies the maximum and minimum deployment of personnel and equipment. It is unlike any other approach currently used by consultants and is indicative of the desire by ICMA to deliver the right resources at the right time. ICMA Center for Public Safety Management -Miami Beach, FL Page 12 of 21 570 Fire Suppression Services Fire departments staff their stations and train their personnel to respond to a wide array of fire and vehicular accident emergencies. In addition, many departments use the long intervals between calls for service for a variety of fire prevention, training and station activities. Research in the United Kingdom as well as by FEMA has shown that the most cost-effective approach to fire deployment is the elimination of calls. If a call is received, eliminating hazards decreases the risk faced by first responders and may result in a more positive outcome. These preventive strategies should include building effective code enforcement and fire prevention activities as well as strong public education programs promoting smoke detectors fire extinguisher use and placement in homes and businesses. The effort may also include early fire suppression through the use of automatic sprinkler systems and other fire protection systems. All of these prevention and response challenges are illustrated below. Fire Prevention Code Enforcement FIRE CHALLENGES Early Detection & Reporting Smoke I Fire Alarms Early Suppression Extinguishers, Automatic Sprinklers Life Safety Rapid Response Medic -Rescue Property Conservation Rapid Response Fire Unit Utilization FIRE DEPARTMENT ACTIONS ICMA Center for Public Safety Management -Miami Beach, FL Page 13 of 21 571 The resulting data study ICMA completes will gather and analyze data on the efficiency and effectiveness of the current deployment on the fire runs. Resource utilization will be quantified for concentration, location, and unit utilization. The study will also analyze fire call data to provide a comprehensive review of how fire services are delivered to the community including a detailed analysis of workloads and response times. The analysis of the workloads should begin with an in-depth study of the types of calls handled and their severity. The goal of this data gathering would be to explicate the fundamental nature of the fire challenge faced by the Fire Department. The study will pay special attention to fires reported in residences or buildings. Some examples of questions to be answered as a part of the study include: What was the average response time of the first arriving fire suppression unit capable of deploying extinguishing agent? How long did the engine companies work at the scene? For each call type, we will determine the time spent on-scene and the manpower personnel who worked the scene. This data will be aggregated to determine an overall average total time spent on fire calls per 24-hour period and by shift for each engine company. It will document any dramatic variations by time of day and day of week as well as seasonal variations. It will also require the review the department's non-emergency productive hours that fire personnel carry out between emergency calls. The study will also analyze data to determine the proportion of calls and the associated workload that arise within the community's borders compared to mutual aid calls. Response time is an important statistic in emergency service systems. We will determine: o Average response time of first arriving fire suppression unit capable of deploying extinguishing agent. o Distribution of response times for different call categories o Response time for the second arriving engine company, where possible We will also identify and review calls that experienced unusually long response times. ICMA Center for Public Safety Management -Miami Beach, FL Page 14 of 21 572 • • EMS &¥ : • w • '!Ill Emergency Medical Services Fire Departments provide emergency medical services in addition to fire suppression duties. In this project we will analyze EMS call data to provide a comprehensive review of emergency medical services including a detailed analysis of workloads and response times. The analysis of the workloads will begin with an in-depth study of the types of calls handled and their severity. The goal is to explicate the fundamental nature of the emergency medical challenge faced by the community's Fire Department. We will pay special attention to the most critical emergencies such as heart attack and serious vehicular accidents. EMS CHALLENGES Medical Early Early Transport Detection I Stabilize Prevention Reporting Action I Medical Incident Progression ~ f Public Public & Public CPR/ Rapid ALS ALS Targeted Education Education AED Training Response Transport EMS DEPARTMENT ACTIONS For each call type, we will determine the time spent on-scene and the manpower personnel who worked the scene. These data will be aggregated to determine an overall average total time spent on fire calls per 24-hour period for each ambulance company and the unit hour utilization (UHU). We will also determine how much EMS calls contribute to the workload of fire engine companies since they also respond to most calls. We will document any dramatic variations by time of day and day of week as well as seasonal variations. Response time is an important statistic in emergency service systems. We will determine not only average response time but also the distribution of response times for different call categories. We will also identify and review calls that experienced unusually long response times. ICMA Center for Public Safety Management -Miami Beach, FL Page 15 of 21 573 • • AmaiMiil m~ lift• Elmail!lrfl Hmmna ml 11ft• Mh•n aw • &W Fire departments often speak of the "worst case scenario" or "resource exhaustion" when developing staffing and deployment plans. In reality, on agency can never staff for the worst case scenario, because whatever situation can be envisioned, there can always be a more serious event that can be planned. What is needed to make staffing and apparatus decisions is a clear understanding of what levels of demand can reasonably be expected over specific periods of time in a specific jurisdiction. For example, what are the busiest calls for service times over a one year period and what levels of staffing and apparatus were needed to handle this workload? To answer this question requires a detailed analysis of calls for service, broken down minute by minute, identifying which units were busy and how many units remained available to respond to a new call for service. More sophisticated analysis can take into consideration available mutual aid resources. There is significant variability in the number of calls from hour to hour. One special concern relates to the fire resources available for the highest workload hours. We tabulate the data for each of 8760 hours in the year. We identify how often the fire department will respond to more than a specified number of calls in an hour. In studying call totals, it is important to remember that an EMS run typically lasts, on average, a different amount of time than a fire category call. Example of "Busiest Hour Analysis" What follows is an example of an ICMA study of a fire department with 17 units staffed all the time. For the vast majority of these high volume hours, the total workload of all units combined is equivalent to 3 or fewer units busy the entire hour. For the ten highest volume hours, 0.1% of the hours, the total workload exceeded 3 hours. All of these high volume hours occurred between 10 a.m. and 9 p.m. The hour with the most work was between 1 000 and 11 00 on September 12, 2009. The 21 calls involved 34 runs. The combined workload was 417 minutes. This is equivalent to 7 firefighting units being busy the entire hour. However, in the City there are 17 units staffed all of the time. During the worst portion of the hour, there were always at least 5 units still available to respond immediately. Only 5 of the 17 units were busy more than 30 minutes during this hour. The hour with the most calls was between 1400 and 1500 on October 13, 2009. The 23 calls involved 28 runs. The combined workload was 379 minutes. This is equivalent to between 6 and 7 firefighting units being busy the entire hour. However, in the city there are 17 units staffed all of the time. During the worst portion of the hour, there were always at least 7 units still available to respond immediately. Only 3 of the 17 units were busy more than 30 minutes during this hour. ICMA Center for Public Safety Management -Miami Beach, FL Page 16 of 21 574 Table 1. Frequency Distribution of the Number of Calls Observations: 1 Nl"""'ber of Calls in an Hour 0-5 2263 98 2 • A total of 6,397 hours (73%) in a year have received 0-5 calls. • A total of 2,263 hours (25.8%) in a year have received 6-1 0 calls. • A total of 100 hours ( 1 .2%) in a year have received 11 or more calls. Table 2. Top Ten Hours with the Most Calls Received HOURS 1400 16 252 16 213 1000 226 1900 317 1700 27 1100 180 193 185 ICMA Center for Public Safety Management -Miami Beach, FL Page 17 of 21 575 U'l ....... 0) Table 3. Deployed Minutes by Unit for the Hour between 10 a.m. and 11 a.m. on 12-Sep-2009 Note: The numbers in the cells are the busy minutes within the 5 minute block. The cell values greater than 2.5 are coded as red. Observations: • Between 10 a.m. and 11 a.m. on September 12,2009, the fire department responded to 21 calls and dispatched 34 units to these calls. • In the city there are 17 units staffed all of the time. During the worst portion of this hour, there were always at least 5 units still available to respond immediately. Only 5 of the 17 units were busy more than 30 minutes during this hour. ICMA Center for Public Safety Management -Miami Beach, FL Page 18 of 21 1. Workload Unit and Call 50 45 40 35 rr EMS rr fire Other Real Fire 3 0 +"'""'''''' """"'"'"'""""""'""""'""'"'"""''<>·"·"'"""""" ''''"''''''""'"'" """' '"" 25 +"'''~~~'"'""'"'''* ,;,~,'(· ,,,,,,,;;,;;;,,,,,, ... , ... ~.,~,,,,,,,,,,,,,,,,,,,~~"""""~""0' 20 15 10 5 0 Observations: El E2 T2 E3 H E4 T4 ES E6 E7 l1 E9 E10 Ell Ell EB E14 • Engine companies Ell and El2 were busy more than 40 minutes during this hour. • Truck T3 was busy more than 40 minutes during this hour. • Eleven units were busy less than 20 minutes. Two units responded to no calls. ICMA Center for Public Safety Management -Miami Beach, FL Page 19 21 577 • • Proposed Fees 1m : • ill • ill The quotation of fees and compensation shall remain firm for a period of 90 days from this proposal submission. ICMA will conduct the analysis of the fire, and EMS departments for $65,000 exclusive of travel. The project would be billed in three installments: 40% within 14 days of signing the contract; 40% with delivery of the police, fire and EMS draft data analysis; 20% with delivery of the final report. Following delivery of the draft reports, the city will have 30 days to provide comments as to accuracy and a final report will be delivered within 30 days of the comment period. A travel budget of $5,000 is proposed. Deliverables Draft reports for police, fire/EMS will be provided for department review in electronic format. In order to be ecologically friendly, ICMA will deliver the final report in computer readable material either by email or CD or both. The final reports will incorporate the operational as well as data analysis. Should the municipality desire additional copies of the report, ICMA will produce and deliver whatever number of copies the client request and will invoice the client at cost. Should the City desire additional support or in-person presentation of findings, ICMA will assign staff for such meetings at a cost of $1 ,000 per day /per person along with reimbursement of travel expenses. ICMA Center for Public Safety Management -Miami Beach, FL Page 20 of 21 578 • • Conclusion !&I : • w • w Part of ICMA 's mission is to assist local governments in achieving excellence through information and assistance. Following this mission, ICMA Center for Public Safety Management acts as a trusted advisor, assisting local governments in an objective manner. In particular. ICMA's experience in dealing with public safety issues combined with its background in performance measurement achievement of efficiencies, and genuine community engagement, makes ICMA a unique and beneficial partner in dealing with issues such as those being presented in this proposal. We look forward to working with you further. ICMA Center for Public Safety Management -Miami Beach, FL Page 21 of 21 579 THIS PAGE INTENTIONALLY LEFT BLANK 580 COMMISSION ITEM SUMMARY Condensed Title: A resolution approving and authorizing the Mayor and City Clerk to execute an amendment to the Professional Services Agreement between the City of Miami Beach and Strategic Advisory Group dated October 19, 2011 for consulting services relative to the expansion and enhancement of the Miami Beach Convention Center campus/district in an amount not to exceed $240,945, including all reimbursable expenses, from previously appropriated funds from FY 21012/2013 Fund 168 RDA City Center. Key Intended Outcome Supported: Improve the Convention Center Facility Supporting Data (Surveys, Environmental Scan, etc.): The Strategic Plan 2011 Update indicates that occupancy at Miami Beach Convention Center in FY 2010/11 was 54%. Item Summary/Recommendation: On October 19, 2011, via Resolution No. 2011-27778, the City Commission authorized the Mayor and City Clerk to enter into an agreement between the City and Strategic Advisory Group (SAG) for services relative to the expansion and enhancement of the MBCC District, pursuant to Request for Proposals (RFP) No 33-10/11 in an amount not to exceed $175,000, including all reimbursable expenses. On January 11, 2012, the City Commission authorized the Administration to issue Request for Qualifications No. 22-11/12 for Qualified Developers for a Public-Private Mixed-Use Development in Miami Beach for the Enhancement of the MBCC District, Including the Expansion of the Miami Beach Convention Center and Development of a Convention Center Hotel (the RFQ). The RFQ was issued on February 7, 2012. At the December 12, 2012 City Commission meeting, the Commission accepted the recommendation of the City Manager and short-listed first ranked Portman CMC and second ranked South Beach ACE to move forward to Phase II of the RFQ. The Administration will require SAG's continued professional industry consulting services for Phase II work, including assistance with the extensive public master planning process with the community, and the negotiations of the LOis with Portman CMC and South Beach ACE. SAG, will manage, in conjunction with the City Administration, the Master Planning and LOI Negotiations process including the following: Project oversight, Managing and maintaining the schedule, Preparing agendas and facilitating project meetings, Participating in public forums and commission meetings, Drafting and reviewing written correspondence related to the project, Preparing presentation materials, Facilitating developer discussions, Participating in design review meetings, Answering developer questions, Drafting the LOI template, Economic impact analysis, Negotiating the LOI, and Reviewing and commenting on legal documents. As a result of the aforementioned City Commission action on February 6, 2013, the contract amendment presented for consideration includes additional scope of services and associated fees for SAG to complete all Phase II work over 18 months through June 2014. The Amendment to SAG's Professional Services Agreement (Attachment A) summarizes the Phase II Scope of Services and schedule. SAG will bill professional fees based on the time spent on the project, multiplied by the hourly billing rates listed in the Contract Amendment, up to an amount not to exceed $240,945, including all reimbursable expenses (e.g. travel, supplies, etc). These fees already account for work performed in January and February 2013, which based on the monthly average for Phase II work is $33,139 per month. SAG currently anticipates being completed with the scope of services by June 2014. Advisory Board Recommendation: IN/A Financial Information: Amount Account Approved 1 $ 132,557 (FY 2012/13) 168-1985-000312 2 $ 108,388 TBD OBPI Total $240,945 Department Director Assistant City Manager JGG KGB T:\AGENDA\2013\March 13\SAG MBCC Phase 2 Consulting Services SUMMA MIAMI BEACH 581 AGENDA ITEM ~R:.......cl,_,_H...:.....__ DATE 3-/?rl3 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~f t~ City Commission Kathie G. Brooks, City Manager ~ DATE: SUBJECT: March 13, 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 AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC ADVISORY GROUP DATED OCTOBER 19, 2011 FOR CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER CAMPUS/DISTRICT IN AN AMOUNT NOT TO EXCEED $240,945, INCLUDING ALL REIMBURSABLE EXPENSES, WITH PREVIOUSLY APPROPRIATED FUNDS FROM FY 2012/2013 OPERATING BUDGET FUND 168 RDA CITY CENTER OPERATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING $66,278 previously approved for services provided in January and February 2013, plus $132,557 is available in Fund 168 RDA City Center Operations, Account Number 168-1985-000312. Funding for the balance of $108,388 will be identified in June 2013. The City is pursuing reimbursement of SAG's fees for both Phase I and Phase II as provided in the County General Obligation Bond Agreement for the Convention Center and the City anticipates using these funds to pay for the balance of services. BACKGROUND On October 19, 2011, via Resolution No. 2011-27778, the City Commission authorized the Mayor and City Clerk to enter into an agreement between the City and Strategic Advisory Group (SAG) for services relative to the expansion and enhancement of the MBCC District, pursuant to Request for Proposals (RFP) No 33-10/11 in an amount not to exceed $175,000, including all reimbursable expenses. SAG, as part of its scope of services, assisted the City in drafting the Request for Qualifications (RFQ) for the master development of the MBCC District. On January 11, 2012, the City Commission authorized the Administration to issue Request for Qualifications No. 22-11/12 for Qualified Developers for a Public-Private Mixed-Use Development in Miami Beach for the Enhancement of the MBCC District, Including the Expansion of the Miami Beach Convention Center and Development of a Convention Center Hotel (the RFQ). The RFQ was issued on February 7, 2012. The primary objectives of the RFQ are to: 1. Improve the Convention Center (hereinafter also referred to as the MBCC); 2. Facilitate the ability of the MBCC to attract high impact conventions, meetings, and tradeshows in 582 SAG MBCC Phase 2 Consulting Services City Commission Meeting March 13, 2013 Page 2 of 5 an increasingly competitive environment; and 3. Redevelop the surrounding area, including transforming the MBCC District into a new vibrant neighborhood with year-round activities; increasing outdoor public space; creating a walkable district providing connectivity between the MBCC and Lincoln Road and the City's historical and cultural district; providing iconic architecture in keeping with the City's history of significant design; incorporating sustainable (LEED) design principles; while being sensitive to the surrounding residential neighborhoods (particularly with respect to traffic and scale); and offering optimal economic and community benefits to the City. RFQ PHASE I During Phase I of the RFQ, Proposers were evaluated based on their experience with undertaking comparable urban mixed-use master development projects of the magnitude contemplated. Similarly, the Proposers' "Lead Architects" were evaluated on their relevant experience in providing design services for comparable urban mixed-use master developments. On the RFQ deadline of April 23, 2012, the City received qualifications packages in response to the RFQ (the proposals) from eight (8) Proposers, three (3) subsequently withdrew their proposals, leaving the following five (5) Proposers to evaluate: • CConnectMB • Portman CMC • Rida Development Corporation • South Beach ACE • Turnberry Lincoln Village, LLC On November 20, 2012, the Evaluation Committee convened and heard presentations. The Committee scored and ranked the Proposers, and recommended to the City Manager to shortlist first-ranked Portman CMC and second-ranked South Beach ACE to move forward to Phase II of the RFQ. SAG also recommended to the City Manager to shortlist only the two (2) top-ranked Proposers, Portman CMC and South Beach ACE. At the December 12, 2012 City Commission meeting, the Commission accepted the recommendation of the City Manager and short-listed first ranked Portman CMC and second ranked South Beach ACE to move forward to Phase II of the RFQ. RFQ PHASE II As part of Phase II of the RFQ, Portman CMC and South Beach ACE are required to prepare a detailed proposal for their proposed development of the MBCC District. This Phase, as part of the preparation of the detailed proposal, will include what the City Administration expects to be extensive community involvement to gain input on local needs and concerns. Additional meetings will also be held with the shortlisted Proposers to gather information on the improvement needs of the MBCC to develop the scope of services for the MBCC enhancement and expansion. Several community meetings and City Commission workshops will be held to review each Proposer's Master Plan, prior to final consideration and selection of the final "Master Developer". In addition to the Master Plan for the site (which will include respective project renderings, a breakdown of proposed uses, and square footages of each use}, the short-listed Proposers' "detailed proposal" will also include proposals for enhancing public open spaces, a renovation and expansion plan for the MBCC, a proposal for a convention center hotel, a phasing and absorption plan, financing plan (including, at minimum, a 30-year financial pro forma}, a preliminary traffic impact analysis, any request 583 SAG MBCC Phase 2 Consulting Services City Commission Meeting March 13, 2013 Page 3 of 5 for public assistance, and a summary of projected new City revenues to be generated by the proposed development, including estimated impacts to the City's tourism economy against baseline criteria. Concurrent therewith, the City Manager, with SAG's assistance, will negotiate Letters of Intent (LOis) with the shortlisted Proposers. Some of the items that will be negotiated in the LOI includes the scope of the renovation and design for the MBCC, the phasing plan, the financing plan, land lease terms (if required) and other economic impacts, hotel room blocks, and traffic impacts. The negotiated LOI's will then be presented to the City Commission for consideration and further action. The Administration will require SAG's continued professional industry consulting services for Phase II work, including assistance with the extensive public master planning process with the community, and the negotiations of the LOis with Portman CMC and South Beach ACE. The item was originally presented to the City Commission at the February 6, 2013 meeting. Commissioner Tobin requested the Administration negotiate a lump sum fee for SAG to complete all of the work associated with Phase II of this project. The item was initially tabled to allow staff to negotiate an all inclusive fee with SAG. Subsequently, staff returned and distributed a cost analysis from SAG, which included an all inclusive fee of $307,223 for eighteen (18) months of work through June 2014. At the time, Commissioner Tobin expressed that he preferred to have more time to review the new figures. A motion was approved authorizing payment of the monthly average for Phase II work performed and to return to the March City Commission meeting to consider the balance of the proposed agreement and associated fee. ANALYSIS Scope of Work A copy of the Professional Services Agreement Amendment is attached for your review. Below is a summary of the scope of services to be performed by SAG during Phase II. SAG, will manage, in conjunction with the City Administration, the Master Planning and LOI Negotiations process including the following: • Project oversight -this includes assisting the City on how to best maximize the City's assets, informing the City on how to potentially generate maximum private investment, updating the City on the status of the project, and assisting the City with the resolution of any issues that may arise as the project progresses. • Managing and maintaining the schedule-this includes taking the lead role in creating, modifying, communicating, and administering the attached schedule (Exhibit 1) with both the City team and the short listed developers. The goal of this process will be to complete a master plan and LOI from each short listed team by the targeted date. • Preparing agendas and facilitating project meetings -The attached schedule includes numerous meetings and work sessions. SAG will be responsible for preparing the agenda for each meeting, ensuring participants are informed of expectations, and facilitating each meeting as appropriate. • Participating in public forums and commission meetings. There are four public community meetings and four City Commission meetings currently planned. It is our goal to create an environment whereby the community speaks directly to the short-listed development teams, not an intermediary consultant. Nevertheless, SAG will facilitate the meetings, meet in advance with leaders to prepare, and ensure the proper presentation materials are prepared. 584 SAG MBCC Phase 2 Consulting Services City Commission Meeting March 13, 2013 Page 4 of 5 For the Commission meetings, SAG will assist with drafting briefing information, participate in Commission member advance briefings, and prepare apple-to-apples comparisons to ensure the Commission is presented with comparable data for their decision making process. • Drafting and reviewing written correspondence related to the project -SAG will assist with the drafting and/or reviewing project information. This will include project update memorandums, proposal comparisons, and correspondence to the development teams. • Preparing presentation materials -SAG will prepare presentation materials when required. In addition, SAG will assist each development team with preparing their materials to ensure each team presents like data in a similar fashion. • Facilitating developer discussions -SAG will assist with the numerous meetings, conference calls, and discussions with the short listed teams to communicate the City's objectives, deliverable expectations, financing options, master plan issues, etc. • Participating in design review meetings -SAG will participate and coordinate the planned design review meetings. Our main role will be to monitor how each team is moving forward and ensure the Commission, community, convention center, City and other stakeholder issues are being addressed. • Answering developer questions -SAG will be the clearinghouse to answer developer questions as they arise, ensuring the proper team member from the City team is counseled, and that the answer is communicated. • Drafting the LOI template -SAG will draft, in conjunction with the City's legal team, a letter of intent template outlining the broad terms for the proposal. The LOI will address: diagrams and renderings communicating the vision for the site; square foot program for each component; phasing plan and project absorption schedule; development cash flows (revenues, expense, capital, etc.) for each component, with a summary of significant assumptions, demonstrating financial viability; terms for leasing land for private development; plan for raising capital and known funding commitments; scope of services and fee for management of the renovation and expansion of the MBCC and any other public assets requested to be developed; scope of services and fee for design of the renovation and expansion of the MBCC and any other public assets requested to be developed; requested role of the City; hotel room-block commitment; and the plan to involve the community in the refinement of the vision. • Economic impact -one of the requirements of the RFQ is for each short listed team to provide an analysis of the economic impact of the proposed master plan, with documentation supporting how the estimated economic impact was derived. In addition each team must provide a summary of City revenues generated by the private components of the project over time, including property taxes, hotel taxes and sales taxes. SAG will provide guidance to each team on how these analyses are to be completed to enable an apples-to-apples comparison of the proposals. This will include providing each team with a common methodology and assumptions for each calculation. • Negotiating the LOI -SAG will work in concert with the City legal team to negotiate the LOis. This will entail numerous conference calls and meetings to ensure each proposal addresses all issues and that each is as favorable to the City as possible. • Referendum -Assist with providing project, financial and market information for the referendum initiative. • Reviewing and commenting on legal documents -Once the LOI is accepted by the City Commission, SAG will work with the City legal team to assist with reviewing the legal documents 585 SAG MBCC Phase 2 Consulting Services City Commission Meeting March 13, 2013 Page 5 of 5 to ensure LOI concepts are documented as intended. Attend negotiating sessions with the selected developer and legal to negotiate the detailed contracts. FEE AND SCHEDULE INFORMATION As a result of the aforementioned City Commission action on February 6, 2013, the contract amendment presented for consideration includes additional scope of services and associated fees for SAG to complete all Phase II work over 18 months through June 2014. The Amendment to SAG's Professional Services Agreement (Attachment A) summarizes the Phase II Scope of Services and schedule. SAG will bill professional fees based on the time spent on the project, multiplied by the hourly billing rates listed in the Contract Amendment, up to an amount not to exceed $240,945, including all reimbursable expenses (e.g. travel, supplies, etc). These fees already account for work performed in January and February 2013, which based on the monthly average for Phase II work is $33,139 per month. SAG currently anticipates being completed with the scope of services by June 2014. In addition, the Administration will also pursue reimbursement for a portion of SAG's fee for both Phase I and Phase II as provided in the County GO Bond Agreement for the Convention Center. SAG's proposed fee is in line with their contracted fees for other projects, including Houston, Washington DC, and Salt Lake City. SAG's proposed fee for the City of Miami Beach is higher than its contract fee for Houston, because the Houston project was only for a hotel, and its developer selection and Council approval was completed in only three (3) months. There were no community meetings in Houston. The Phase I process for our Convention Center RFQ had a much longer duration for selection of the shortlisted developers, and Phase II of the RFQ will require several months of community involvement, and City Commission workshops and individual briefings, prior to selection of the final developer. Conversely, SAG's fee for its work in Washington DC, while only for a hotel development, is significantly higher because the process there took place over multiple years, as it was put on hold and then started again, and the scope of services were also expanded to include land acquisition and assembly, a public subsidy package that had to be approved by Congress, and construction management. The Administration believes SAG's proposed fee for the Phase II services are reasonable. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution approving and authorizing the Mayor and City Clerk to execute an amendment to the Professional Services Agreement between the City of Miami Beach and Strategic Advisory Group dated October 19, 2011 for consulting services relative to the expansion and enhancement of the Miami Beach Convention Center campus/district in an amount not to exceed $240,945, from previously appropriated funds from FY 21012/2013 Operating Budget Fund 168 RDA City Center Operations. T:\AGENDA\2013\2-6-13\SAG MBCC Phase 2 Consulting Services MEMO.doc 586 StrategicAdvisoryGroup #2 PROFESSIONAL SERVICES AGREEMENT DATED OCTOBER 19,2011 BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC ADVISORY GROUP FOR CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER CAMPUS/DISTRICT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO 10/11 March 1, 2013 The following amends Strategic Advisory Group's ("SAG") scope of services, professional fees, and Term pursuant to our agreement dated October 19, 2011 to provide consulting services relative to the expansion and enhancement of the Miami Beach Convention Center Campus/District. ADDITIONAL SCOPE SERVICES SAG, will manage, in conjunction with City staff, the Master plan/LOI process outlined in Exhibit 1. This will include: • Project oversight-this includes assisting the City on how to best maximize the City's assets, informing the City on how to potentially maximum private investment, updating the City on the status of the project, and assisting the City with the resolution of any issues that may arise as the project progresses. • Managing and maintaining the schedule -this includes taking the lead role in creating, modifying, communicating, and administering the attached schedule (Exhibit 1) with both the City team and the short listed developers. The goal of this process will be to complete a master plan and LOI from each short listed team by the targeted date. • Preparing agendas and facilitating project meetings -The attached schedule includes numerous meetings and work sessions. SAG will be responsible for preparing the agenda for each meeting, ensuring participants are informed of expectations, and facilitating each meeting as appropriate. • Participating in public forums and commission meetings. There are four public community meetings and four City Commission meetings currently planned. It is our goal to create an environment whereby the community speaks directly to the short-listed development teams, not an intermediary consultant. Nevertheless, SAG will facilitate the 3848 Saint Annes Court • Duluth, GA 30096 • (678) 584-0705 587 StrategicAdvisoryGroup meetings, meet in advance with leaders to prepare, and ensure the proper presentation materials are prepared. For the Commission meetings, SAG will assist with drafting briefing information, participate in Commission member advance briefings, and prepare apple-to-apples comparisons to ensure the Commission is presented with comparable data for their decision making process. • Drafting and reviewing written correspondence related to project-SAG will assist with the drafting and/or reviewing project information. This will include project update memorandums, proposal comparisons, and correspondence to the development teams. • Preparing presentation materials -SAG will prepare presentation materials when required. In addition, SAG will assist each development team with preparing their materials to ensure each team presents like data in a similar fashion. • Facilitating developer discussions -SAG will assist with the numerous meetings, conference calls, and discussions with the short listed teams to communicate the City's objectives, deliverable expectations, financing options, master plan issues, etc. • Participating in design review meetings -SAG will participate and coordinate the planned design review meetings. Our main role will be to monitor how each team is moving forward and ensure the Commission, community, convention center, City and other stakeholder issues are being addressed. • Answering developer questions -SAG will be the clearinghouse to answer developer questions as they arise, ensuring the proper team member from the City team is counseled, and that answer is communicated. • Drafting the LOI template-SAG will draft, in conjunction with the City's legal team, a letter of intent template outlining the broad terms for the proposal. The LOI will address: diagrams and renderings communicating the vision for the site; square foot program for each component; phasing plan and project absorption schedule; development cash flows (revenues, expense, capital, etc.) for each component, with a summary of significant assumptions, demonstrating financial viability; terms for leasing land for private development; plan for raising capital and known funding commitments; scope of services and fee for management of the renovation and expansion of the MBCC and any other public assets requested to be developed; scope of services and fee for design of the renovation and expansion of the MBCC and any other public assets requested to be developed; requested role of the City; hotel room-block commitment; and the plan to involve the community in the refinement of the vision. • Economic impact -one of requirements of the RFQ is for each short listed team to provide an analysis the economic impact of the proposed master plan, with documentation supporting how the estimated economic impact was derived. In addition each team must provide a summary of City revenues generated by the private components ofthe project over including property taxes, hotel taxes and sales taxes. 2 588 StrategicAdvisoryGroup SAG will provide guidance to each team on how these analyses are to be completed to enable an apples-to-apples comparison of the proposals. This will include providing each team with a common methodology and assumptions for each calculation. • Negotiating the LOI-SAG will work concert with the City legal team to negotiate the LOis. This will entail numerous conference calls and meetings to ensure each proposal addresses all issues and that each is as favorable to the City as possible. • Referendum -Assist with providing project, financial and market information for the referendum initiative. • Reviewing and commenting on legal documents-Once the LOI is accepted by the City Commission, SAG will work with the City legal team to assist with reviewing the legal documents to ensure LOI concepts are documented as intended. Attend negotiating sessions with the selected developer and legal to negotiate the detailed contracts. ADDITIONAL FEES Exhibit 2 presents an estimate ofthe hours for each task, fees and expenses beginning January 1, 2013, assuming two firms are shortlisted. Fees and expenses are not to exceed $240,936 during the Term in this amendment. and expenses will if the City materially alters the schedule in Exhibit 1. SAG's will be based on the time worked on the project multiplied by hourly rates in Exhibit Each invoice will include a summary of the tasks completed by day by person. Travel expenses will be paid addition to fees. Expenses for airfare, rental car, taxi, hotel and any third party data will invoiced based on the actual amount, without markup. Meals will be invoiced based on the City of Miami s diem rate which are currently $22.64 for breakfast, $20.14 for lunch and $36.38 for dinner. Invoices shall be submitted monthly and the City shall pay invoices within 30 days of receipt. TERM This agreement shall begin on March 1, 2013 and end on June 30, 2014. * * * 3 589 StriiJt~gicAdvisoryGroup IN WITNESS WHEREOF, the parties by their duly authorized representatives have caused this Subcontract Agreement to be executed as of the date first written above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: City Clerk Mayor FOR CONSULTANT: STRATEGIC ADVISORY GROUP LLC ATTEST: By: ____________________ _ Thomas Reifert, Partner Jeffrey Sachs, Managing Partner 4 590 Dec 17 Dec 18 Dec 20 Dec 21 Jan 8 Jan 9 Jan 29 Eve Feb 26 Feb 27 Feb 27 Eve Feb 28 Mar26 Mar27 Mar 27 eve AprilS April April26 May 8 eve May 15 Jun 5 ~~rate g ic;:AdvisoryG roup Exhibit 1 Design/LOI Process Conference Call City/SAG-Project Schedule Conference Call City/SAG-City Funding Available Conference Call City/SAG/Portman -Project Schedule Conference Call City/SAG/Tishman -Project Schedule City/SAGffishman-Kick Off Meeting, MBCC Walk-Through City/SAG/Portman-Kick Off Meeting, MBCC Walk-Through Pub! ic Commun · 1 -Gather initial public input City/SAG/Portman -Internal Preliminary Master Plan Review City/SAG/Tishman -Internal Preliminary Master Plan Review ic Cnm • Guiding Principles for Master Plan based on community input • Master Plan Concept (bubble diagrams) City Commission Workshop if! • Guiding Principles for Master Plan based on community input • Master Plan Concept (bubble diagrams) City/SAG/Portman -Internal Master Plan Review City/SAG/Tishman -Internal Master Plan Review City Commission Workshop #2 & • 3D Ma<;sing diagrams ic ( .,ornrr1un )\JlecJ Initial LOI terms due to the Administration LOI review and negotiations Final Masterplan deliverables and LOI due ic (ommuo • Complete Master Plans City Commission Workshop #3 -(opportunity #5 for public participation) • Complete Master Plans • Proposed LOI Tetms City Commission Meeting 5 591 Sfr~t~gic:AdvisoryGroup • Selection of the Final Proposer based on LOis and Master Plans Jun/July Term Sheet negotiations with selected team July 17 City Commission Meeting • Final negotiated Term Sheets presented to City Commission 6 592 EXHIBIT 2 STRATEGIC ADVISORY GROUP-HOURS Sachs FEES 32 30 20 50 I$ 35 0 35 $ 25 20 45 10 10 20 32 16 48 20 10 30 20 30 50 40 10 50 $ 15,500 30 30 60 $ 17,250 20 15 35 $ 10,250 U'l Oraftingthe LOI Template 30 10 40 $ 12,250 (Q w Economic Impact 10 35 45 60 15 75 $ 362 221 583 I$ l $ 1 $198,835/6 mons) I $ 33, I I I 50 0 50 60 0 60 180 0 180 Balance of Fees $ 240,945 RESOLUTION TO BE SUBMITTED 594 COMMISSION ITEM SUMMARY Condensed Title: esolution of the Mayo.r and City Commission of the City of Miami Beach, Florida, Adopting the Second endment to theCa ital Bud et for Fiscal Year 2012/13. Key Intended Outcome Supported: 1. Venetian Islands -Ensure Value and Timely Delivery of Quality Capital Projects; Maintain City's Infrastructure; Maintain Miami Beach Public Areas and Rights of Way Citywide; and Improve Storm Drainage Citywide 2. Property Management Facility-Ensure Value and Timely Delivery of Quality Capital Projects and Ensure Well-Maintained Facilities 3. South Pointe Park Remediation-Ensure Value and Timely Delivery of Quality Capital Projects; Ensure Well- Maintained Facilities; and Increase Satisfaction with Family Recreational Activities Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: 1. Venetian Islands: The Scope of Work for this project includes site preparation; earthwork; demolition; storm drainage; roadway reconstruction; concrete valley gutters; walkway paving and grading; water main and street lighting on the islands of San Marino, Di Lido, and Rivo Alto. The project was competitively bid and the Administrative Review Panel interviewed the responsive companies. The Panel recommended the lowest bidder; however, the lowest base bid is 12 percent higher than the original estimated ($1,360,980}. Additional funding is also needed for two items that were not included in the original scope and are recommended this time as further explained in the separate agenda item: A1 Full road reconstruction ($339,228} and A3 (Trenchless sanitary sewer rehabilitation ($300,800}. The total additional funds are $2,001,008 and will be funded from a} $997,946-Stormwater Line of Credit; b) $262,000 Water & Sewer GBL Series 2006; and c) $741,062 Water & Sewer GBL Series 2000. 2. Property Management Facility: Originally planned in 2008, the project is to construct an approximately 23,000 square feet of building space for a total cost of $3.8 million. The purpose of this project is to remove the Property Management facility from Flamingo Park, thereby freeing up space in the park as part of the Flamingo Park Master Plan. Additional funds ($600,000} are needed to address increased construction costs. The funds are from the Capital Reserve, which was established in FY 2005/06 as part of the City's financial goal to provide contingency funding so that projects where bids were higher than budgeted did not have to be delayed. 3. South Pointe Park Remediation: The remediation project includes installation of topsoil and sod at various locations throughout the park, as well as modifications to the Washington Avenue entrance fountain, that may be required in order to satisfy regulatory agency interpretation of permitting requirements. The City is in ongoing litigation to recover any added costs resulting from design-related issues. The total project adopted to date in the amount of $32.9 million includes funding for both remediation as well as legal fees and professional services related to the ongoing litigation. Professional legal and forensic architectural services totaling $800,000 will be funded from the Miami Dade County lnterlocal Agreement for South Pointe capital projects to support the ongoing litigation through September 30, 2014. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND CITY COMMISSION ADOPT THE RESOLUTION ADOPTING THE SECOND AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2012/13. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 997,946 Revenue 429-8000-3891 00 Expense 429-2127-069300 262,000 Revenue 423-8000-389100 Expense 423-2127-069300 741,062 Revenue 424-8000-389100 E~ense 424-2127-069300 )U/L 2 600,000 Revenue 304-8000-389100 Expense 304-2314-069357 3 800,000 Revenue 388-8000-389100 Expense 388-2943-000312 OBPI Total $3,401,008 Financial Impact Summary: . . . City Clerk's Off1ce Leg1slat1ve Track1ng: Si n-Offs: Department Director MIAMI BEACH Assistant City Manager 595 AGENDA ITEM ........:.K....;..1....:.-=L:.___ DATE 3-J~-1?;:> lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera-Bower and Members of the City Commission Kathie G. Brooks, Interim City Manage: ,:Z j:/ March 13,2013 / ~ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2012/13. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and priorities must be adjusted. The Capital Improvement Plan ("CIP") serves as the primary planning tool for systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and associated needs. The City's capital improvement plan process begins in the spring when all departments are asked to prepare capital improvement updates and requests on the department's ongoing and proposed capital projects. Individual departments prepare submittals identifying potential funding sources and requesting commitment of funds for their respective projects. The CIP is updated annually and submitted to the City Commission for adoption. The 2012/13- 2016/17 Capital Improvement Plan and FY 2012/13 Capital Budget were adopted on September 27, 2012, by resolution 2012-28017. Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. The first amendment to the FY 2012/13 budget was adopted on January 16, 2013, by resolution 2013-28116. Administration recommends adopting the resolution for the second amendment to the FY 2012/13 Capital Budget. SECOND AMENDMENT TO THE FY 2012/13 CAPITAL BUDGET The second amendment to the FY 2012/13 Capital Budget totals $3,401,008 and provides additional funding to the following three capital projects. 1. Venetian Islands: The Scope of Work for this project includes site preparation; earthwork; demolition; storm drainage; roadway reconstruction; concrete valley gutters; walkway paving and grading; water main and street lighting on the islands of San 596 Commission Memorandum -Resolution Adopting the Second Amendment to the Capital Budget for FY 2012/13 March 13, 2013 Page 2 of 2 Marino, Di Lido, and Rivo Alto. The project was competitively bid and the Administrative Review Panel interviewed the responsive companies. The Panel recommended the lowest bidder; however, the lowest base bid is 12 percent higher than the original estimated ($1 ,360,980). Additional funding is also needed for two items that were not included in the original scope and are recommended this time as further explained in the separate agenda item: A 1 Full road reconstruction ($339,228) and A3 (Trench less sanitary sewer rehabilitation ($300,800). The total additional funds are $2,001 ,008 and will be funded from a) $997,946 -Stormwater Line of Credit; b) $262,000 Water & Sewer GBL Series 2006; and c) $741,062 Water & Sewer GBL Series 2000. Prior Years' Appropriations $14 715,427 March 13, 2013 BudQet Amendment 2,001,008 Proposed Total Appropriations $16,716,435 2. Property Management Facility: Originally planned in 2008, the project is to construct an approximately 23,000 square feet of building space for a total cost of $3.8 million. The purpose of this project is to remove the Property Management facility from Flamingo Park, thereby freeing up space in the park as part of the Flamingo Park Master Plan. Additional funds ($600,000) are needed to address increased construction costs. The funds are from the Capital Reserve, which was established in FY 2005/06 as part of the City's financial goal to provide contingency funding so that projects where bids were higher than budgeted did not have to be delayed. 3. South Pointe Park Remediation: The remediation project includes installation of topsoil and sod at various locations throughout the park, as well as modifications to the Washington Avenue entrance fountain; that may be required in order to satisfy regulatory agency interpretation of permitting requirements. The City is in ongoing litigation to recover any added costs resulting from design-related issues. The total project adopted to date in the amount of $32.9 million includes funding for both remediation as well as legal fees and professional services related to the ongoing litigation. Professional legal and forensic architectural services totaling $800,000 will be funded from the Miami Dade County lnterlocal Agreement for South Pointe capital projects to support the ongoing litigation through September 30, 2014. $4,864 OBPI/vmk 597 ATTACHMENT A FY 2012/13 CAPITAL BUDGET SOURCE OF FUNDS Amended 3/13/2013 598 Program Area Golf Courses Parking Garages Parks Renewal and Replacement ATTACHMENT B FY 2012/13 CAPITAL BUDGET PROGRAMS Amended 3/13/2013 Street I Sidewalk I Streets cape lm pro Utilities Trans it/Transportation Total Appropration as of 3/13/2013 599 Capital Project Name Venetian Neigh -Venetian Islands Property Management Facility ATTACHMENT C CAPITAL BUDGET PROJECTS Amended March 13, 2013 South Pointe Park Remediation (Professional Services) Total 600 en 0 ~ Title: Project#: Department: Manaqer: Cateqorv: Domain: location: Description: Justification: Project Timeline: Cost Category cm376 Canst. Mgmt. Fund 376 cm420 Construction Management Fund 420 cm424 Construction Management 424 cm427 Construction Management427 cm428 Construction Management 4.28 cm431 Stormwater Bonds 2011 SeriesConstruction M. cm427 Construction Management Fund 427 cm425 Cons!. Mgt Fund 425-Water Only co376 Construction Fund 376 co384 Construction Fund 384 co420 Construction Fund 420 co423 Construction Fund 423 co424 Construction Fund 424 co426 Construction Fund 426 co427 Construction Fund 427 co428 Construction Fund 428 co431 Proposed Future-SW Bond Cons!. co427 Construction Fund 427 co425 Construction Fund 425 -Sewer Only co425 Construction Fund 425-Water Only costw Construction Fund Stormwater cowtr Construction Fund Water & Sewer ct420 Contingency Fund 420 ct423 Contingency Fund 423 ct427 Contingency Fund 427 ct431 Proposed Future-SW Bond Contlngency de376 Design & Engineering Fund 376 Venetian Neighborhood -Venetian Islands rwsvenebpc CIP Office Roberto Rodriguez c!p Streel!Sidewalk/Streetscape Improvements venetian PWD •operating c~es i Persoonel [Operating and Maintenance 1 Miscellaneous I TOTAL OPERATIIIIG COSTS Annual Incremental Cost The BOOR for the present project scope for San Marino, Dilido and Rivo Alto Islands was approved by the City Commission on October 15, 2003. The BOOR process included a public involvement effort that was coordinated through the City's Capital improvement Project Office (CIP). The original Venetian Project scope also included Belle Isle right-of-way and park improvements; however, the project was eventually split into two packages-Bid Package 13B (Belle Isle), and Bid Package 13C (San Marino, Dilido and Rivo Alto Islands). The principal reason for the split was because: 1) Belle Isle is primarily a multi-family high-rise neighborhood and the other three islands are single-family neighborhoods; and 2) Belle Isle would receive a new drainage system, which required a separate permit by DERM, while the remaining Venetian Islands are not a priority basin and didn't require a DERM permit, only and Environmental Review of the construction documents. Following is a general description of the Project's scope items: A) Streetscape Improvements: Previous workshops held with residents of the Islands identified a variety of items that would be desirable additions to the community streetscape, landscape, lighting and above-ground improvements. B) Water line replacements: Improvements to be implemented to be in accordance with recommendations presented in the City's Water and Sewer Master Plan prepared by Camp, Dresser and McKee (CDM). Water bond funds are utilized for water main replacement scope, including the cost of pavement restoration affected by the installation of the new water lines. C. Stormwater enhancements: The City's Stormwater Master Plan of March 1997 prepared by CH2M Hill inc. did not recommend stonnwater infrastructure improvements to the Venetian islands since they are not in a priority basin. However stormwater Bond funding will be expended on improving surface stormwater run-off through milling and resurfacing and spot drainage repairs or re-grading. KIOs Supported: Ensure Value and Timely Delivery of Quality Capital Projects; Maintain City's Infrastructure; Maintain Miami Beach Public Areas & Rights of Way Citywide; and lmorove Storm Drainaae Citvwide. Description N(onth/Y ear De~l:fipl:ion l\llonth/Year AlE Agreement Award: Sep-09 Planning Starts: Planning Completion: Design Starts: Sep.Q9 Design Completion: Jul-10 Bid Start: Jun-12 Bid Completion: Dec-12 Construction Contract Award: Mar-13 Construction Starts: May-13 Construction Completion: Sep-14 Appropriated PrlorYaars October Commission Pr!or 2013114 2014115 2015115 2015117 2017118 2018 Total 2012 Approprlotion Appmprlotlon 139.447 0 0 139,447 Q 0 Q 0 0 0 139,447 256,866 !) 0 256.866 !') !J 0 0 0 0 256,866 141,054 0 0 141,054 0 0 0 t) 0 0 141,054 125 0 0 125 0 0 !! 0 0 0 125 4,314 0 0 4,314 II 0 0 0 0 0 4,314 108,404 0 0 108,404 I) 0 Q a 0 0 108,404 0 121,863 0 121,863 0 0 I) I) 0 0 121,863 0 76,440 0 76.440 I) (! 0 0 0 76,440 1,633,421 0 0 1,633,421 0 0 (J i) 0 0 1,633,421 1,348,193 0 0 1.348.193 iJ Q 0 () 0 0 1,348,193 549,962 1.465,096 0 2,015,058 0 0 0 (! 0 0 2,015,058 1,111,313 (962,549) 0 148.754 a Q 0 !) () 0 148,764 1.532,161 (502,547) 0 1,029,614 0 () !I !! !) 0 1,029,614 0 0 0 0 0 t) 0 (j 0 0 0 490 0 0 490 0 0 0 ll 0 0 490 124,338 (94.413) 0 29,925 0 \) \) 0 0 0 29,925 1,713,664 94,413 0 1,808,077 0 () 0 t) 0 0 1,808,077 0 1,357,846 G 1,357,846 IJ 0 0 !J !J 0 1,357,846 0 272,600 0 272,600 0 0 0 a (I 0 272,600 0 177.675 0 177,675 !I 0 0 0 !') 0 177.675 0 0 997,946 997.946 t) 0 0 1.1 0 0 997,846 0 0 1,003,062 1,003,062 0 0 0 !! (l 0 1.003,062 111,000 210,884 0 321.884 0 t) () 0 0 0 321,884 210,884 (210,884) 0 0 0 (j 0 0 t) 0 0 0 0 0 0 t) 0 \l 0 !J 0 0 481,782 0 0 481,782 0 0 {) ll 0 0 481,782 321.411 0 0 321,411 a 0 () t) () 0 321,411 Appropriated Mld-yeor Total Prior Years October Commission Prior 2013114 2014115 2015116 2016117 2017118 2018 Total Cos! Category 2012 Appropriation Appropriation de384 Design & Engineering Fund 384 97,942 0 0 97,942 0 0 0 0 0 !I 97,942 de420 Design & Engineering Fund 420 0 172,292 0 172,292 0 0 0 a 0 0 172,292 de423 Design & Enginooring Fund 423 880,000 (147,279) 0 732,721 0 0 0 0 0 0 732,721 de424 Design & Engineering Fund 424 340,751 (25,013) 0 315,738 0 I) 0 0 a Q 315,738 de428 Design & Engineering Fund 428 326,430 (193,272) 0 133,158 0 0 0 I) I) 133,158 de431 Design & Engineering Fund 431 0 193,272 !l 193,272 I) f) 0 !) 0 0 193,272 de427 Design & Engineering Fund 427 0 122,000 () 122,000 0 0 0 I) I) I) 122,000 pm431 Stormwater Bonds 2011 SeriesPgm. Mngmt. 955 0 0 955 0 0 0 0 0 () 955 pmw&s Proposed Future W&S Bond Pgm. Mngmt. 0 0 0 0 0 () 0 (l () 0 0 pm376 Program Management Fund 376 72,310 0 0 72,310 I) I) () () 0 0 72,310 pm394 Program Management Fund 384 66,438 0 I) 68,438 0 0 0 0 0 0 68,438 pm423 Program Management Fund 423 50,000 0 0 50,000 () 0 0 0 0 0 50,000 pm424 Program Management Fund 424 398,412 0 0 398,412 0 Q I) () 0 I) 398,412 pm427 Program Management Fund 427 0 0 0 0 Q 0 0 !) !) 0 0 pm428 Program Management Fund 428 222,748 0 !) 222,748 0 0 !l 0 I) 0 222.74!1 Toto1 12,5117,00$ 2/!30,436 2,1lllt,OOS 11\,11111,4$$ 0 0 Q 0 0 2,018 16,716,435 Funding Prior Years 2013114 2014115 2015116 2016/17 2017118 Total 2012 Appropriat!on Appropriation 376 99 GO Bonds-Neighborhood Improvements (B) 2,506,777 0 I) 2,506,777 0 I) () 0 ('} 0 2,506,777 384 2003 GO Bonds -Neighborhood Improvements 1,514,573 0 \') 1,514,573 I) 0 \') () 0 I) 1,514,573 420 Water & Sewer GuW Breeze Loan Series 2010 917,828 1,846,272 0 2.766,100 !) I) I) 0 0 0 2,766,100 423 GuW Breeze 2006 2,252,197 (1,320.712) 0 931,485 !I 0 0 0 0 0 931,485 424 Water and Sewer Bonds 20005 1,270,283 (527,560) 0 742,723 0 0 il !l 0 0 742,723 426 Water & Sewer Bonds 1995S 0 0 0 0 0 0 0 0 0 0 0 427 S!ormwater Enterprtse Funds 615 1,601,709 0 1,602,324 0 0 0 0 0 0 1,602,324 428 Stormwater Bonds 2000S 344,516 (287.685) (J 56,831 0 a !l 0 0 l) 56,831 swi 428 lnt Storm Water Bonds 333,314 0 0 333,314 0 0 (! I) 0 0 333,314 wsi In!. Water & Sewer Bonds 20005 1,142,095 0 0 1,142,095 0 l) 0 !l 0 u 1,142,095 en 431 Proposed Future-SW Bond 2,304,805 287,685 I) 2.592,490 0 0 0 f) 0 0 2,592,490 0 425 W&S Enterprise Fund -Sewer Only 0 272,600 0 272,600 ll 0 0 n 0 0 272,600 f\) 425 W&S Enterprise Fund-Water Only 0 254,115 Q 254,115 0 0 l.l ll () I) 254,115 costw Construction Fund Storrnwater 0 0 997,946 997,946 Q 0 (} 0 0 0 997,946 cowtr Construction Fund Water & Sewer I) 0 1,003,002 t,OO:lJlt\2 0 0 0 0 !) i'.l 1,003,00:! Total Funded 1Z.,SIIM03 Z,12M24 :1.001,00!1 11\,716.435 0 (! Q 0 0 0 16X1M3!1 T otol Un!uMI>d 0 2,012 0 0 0 0 0 D 0 2,0111 l) Toto! Budget 12,S$7,l)l)$ l!,130.4iiil 2,0111,003 11i,n&,4Ss 0 0 1) D 6 2,018 1&,716,435 Title: Project#: Department: Manager: Category: Domain: Location: Description: Justification: Cost Category en ap383 Art in Public Places Fund 383 0 ap480 Arlin Public Places Fund 480 w ap302 Arlin Public Places Fund 302 cm383 Construction Management 383 cm480 Construction Management Fund 480 co304 Construction Fund 304 co373 Construction Fund 373 co3132 Construction Fund 382 co383 Construction Fund 383 co384 Construction Ftmd 384 co480 Construction Fund 480 c!383 Contingency Fund 383 ct480 Contingency Fund 480 de373 Design & Engineering Fund 373 de383 Design & Engineering Fund 383 de384 Design & Engineering Fund 384 de302 Design & Engineering Fund 302 pe302 Permitting Fund 302 eq302 Equipment (FF&E) Fund 302 Total Funding 373 99 GO Bonds-Neighborhood lmprov. 382 99 GO Bonds-Pks. & B<:hs 363 2003 GO Bonds -Parks & Beaches 304 Capital Reserve 302 Pay As You Go 480 Parl<lng Funds 384 2003 GO Bonds -Neighborhood Improvement Total Funded Total Unfunded Total Budget Property Management Facility .¢s~···· CIP Office Thais Vieira c1p ~~and Maintenance General Public Buildings flamingo Property Mgmt Annual Incremental Cost Construction of a new facility for the Property Management Division. The program requirements for the new facility includes administrative offices, workshops, storage,locker rooms, lay-down area for small construction activities, loading area and parking for oversized vehicles. The relocation of the Property Management Division to a site outside of Flamingo Park has been a longstanding goal of both Flamingo neighborhood residents and the City. After completing an extensive evaluation, the Administration has made the detennination to relocate the Division to the 24,000 square foot City-owned property located at 1833 Bay Rd. Additional funding Is needed to address increase cost and other conditions that were not required when originally planned (prevailing wages ordinance, pennit fees requirements). KIOs Supported: Ensure Value and Timely Delivery of Quality Capital Projects and Ensure Well-Maintained Facilities. Description Month/Year Descrl~ion Month/Year AlE Agreement Award: May-10 Planning Starts: Feb-11 Planning Completion: Jun-11 Design Starts: Jun-11 Design Completion: Dec-12 Bid Start: Ocl-12 Bid Completion: Dec-12 Construction Contract Award: Jan-13 Construction Starts: llfaFf3 Comrtruction Appropriated Mld-yoor Total Beyond Prior Years October Commission Prior 2013/14 2014115 2015116 2016117 2017/18 2018 Total 2012 Appropriation Appropriation 52,133 0 0 52,133 0 1) 0 0 0 0 52,133 0 9.000 0 9,000 0 0 0 0 (J 9,000 0 2,996 0 2,996 !l 0 0 0 0 0 2,996 192,202 0 0 192,202 0 !l 0 0 0 0 192.202 0 39,000 0 39,000 0 0 0 !l 0 0 39,000 0 0 600,000 600.000 0 a 0 0 0 0 600,000 0 0 0 0 Q 0 0 (! 0 0 0 217,229 0 0 217,229 0 !! 0 0 0 217.229 2,891,224 0 0 2.891.224 il il 0 0 0 0 2,891.224 566,796 0 0 566,796 0 () 0 0 0 () 566,796 0 600,000 0 600,000 0 !) !! il 0 u 800,000 591.520 0 0 591,520 ll 0 !l (J 0 0 591,520 0 60,000 0 60,000 0 0 0 () 0 0 60,000 38,977 0 0 36,977 0 0 0 Q 0 0 36,977 14,787 0 0 14,787 !l 0 0 0 0 0 14,787 374,713 0 0 374.713 0 I) 0 0 () 0 374,713 0 48,000 0 48,000 I! 0 0 0 !l 1l 48,000 0 30,000 0 30,000 I) II 0 0 \) 0 30,000 0 50,000 0 50,000 ll 0 0 0 0 0 50,000 4,937,581 838.996 600,000 6,376,577 0 0 0 0 0 Q 6,376,577 Approp~ated Mid-year Total Boyan<! Prior Years October Commission Prior 2013114 2014115 2015116 2016117 2011118 2018 Total 2012 Appropriation Appropriation 36,977 0 0 36,977 0 0 0 0 0 0 38,977 217.229 0 0 217,229 0 0 0 0 0 0 217,229 3,741,866 0 0 3,741.866 0 0 0 0 0 0 3,741,866 0 0 600,000 600,000 0 0 0 0 0 0 600,000 0 130,996 0 130,996 0 0 0 0 0 0 130,996 0 708,000 0 708.000 0 0 0 0 0 0 708,000 94!,509' 0 0 941,80!1 0 0 0 Q 0 0 941.509' 4.!l111,5$1 836,996 600,000 6,376,577 0 0 0 0 0 0 6,376.577 0 0 0 0 0 0 0 0 0 0 0 4,937,581 838,996 600,000 6,376,577 0 0 0 0 0 0 6,376,577 en 0 ~ Title: Project#: Department: Manager: Category: Domain: location: Description: Justification: Project Timeline: Cost Catogory co389 Construction Fund 389 ae389 Professional Se,.ices 389 se388 Professional Services 388 Funding 386 MDC CDT lnterlocal-CDT! Resort Tax 389 South Pointe Capital Total Total Funded T eta I Unfunded Total Budget South Pointe Park Remediation, Fountain Remediation and Entrance Fountain Restooms pkssppreme CIPOffice Aaron Sinnes clp Parks South Beach Parks and Maintenance ,tl!&ooRttMOO!t :TOTAl. OPERATING COSTS : Amuallncremental Cost The South Point Park project, totaling $28.1 million, was completed in April 2009. The South Pointe Park Remediation project's scope includes installation of topsoil, remediation of sod at various locations through the park, as well as modifications to the Washington Ave. entrance fountain, that may be required in order to satisfy regulatory agency interpretation of permitting requirements. The City is in ongoing litigation to recover any added costs resulting from design-related issues. As a result of Department of Health (DOH) requirements associated with the permitting of the interactive water feature at the Washington Ave. entrance to the park, public restrooms need to be provided within the code-mandated distance of 200 Ft. of the water feature. The existing park restrooms, located within the Pavilion area of the park, are 1,200 Ft. away from the water feature. The scope of work includes the extension of existing utilities to the proposed location. The budget request includes funding for temporary restroom facilities during the design and construction phases in order to comply with DOH restroom requirements for the operation of the water feature as wall as funds for professional services (legal and forensic architectural services) to identify design-related issues in support of the ongoing litigation. KIOs Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Ensure Well-Maintained Facilities and Increase Satisfaction with Family Recreational Activities. Descripticm llllonthiY e,III.,,,,,,,,,_, Description AlE Agreement Award: Design Bid Start: Starts: Construction Contract Award: Construction Starts: Sep-11 Appropriated Mid-year PrforYears October 2012 Administrative Appropriation 4,214,680 0 0 650,000 0 0 0 0 800,000 4,864,680 0 800,000 Appropriated Mid-year Prior Years October Administrative 2012 Appropriation 0 0 800,000 4,004A'ill0 0 0 4,864,680 0 800,000 0 0 0 4,864,680 0 800,000 Construction Completion: Total Prior 2013114 2014115 Approprlotlon 4,214,680 0 650,000 0 000,000 ll 5,664,680 0 Total Prior 2013/14 2014115 Appropriation 800,000 0 4,864,!)8(! !) l>io&t.l'i!JO a a 0 5,004.l'i!JO 0 l\llonth/Year Sep-14 Beyond 2015116 2016117 2017/18 2018 Total 0 0 0 0 0 4.214,680 0 0 0 0 0 650,000 1.) 0 (! 0 0 llOO.!XIO 0 0 0 Q 0 5,664,680 Beyond 2015116 2016117 2017/18 2018 Total 0 0 0 0 0 800,000 0 I) !) !l 0 4Jl/l4,fi!J(! 0 0 0 0 0 5,664.680 0 0 0 Q 0 0 !l 0 (I 0 0 5,664,680 RESOLUTION TO BE SUBMITTED 605 THIS PAGE INTENTIONALLY LEFT BLANK 606 OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: MAYOR MATTI HERRERA BOWER, MEMBERS OF THE CITY COMMISSION KATHIE BROOKS, INTERIM CITY MANAGER JOSE SMITHcr{\rA CITY ATTORNEY r' " MARCH 13, 2013 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING THE USE OF PUBLIC FUNDS TO RENOVATE DOLPHIN STADIUM. Pursuant to the request of Commissioner Ed Tobin, the attached Resolution opposing the current efforts of the Miami Dolphins and its owner, Stephen Ross, to obtain public funds to renovate Dolphin (Sun Life) Stadium is submitted for consideration by the Mayor and City Commission. This Resolution reaffirms the City Commission's position since January 13, 2010 that public funds should not be used for Dolphin Stadium renovations as set forth in Resolution No. 2010-27314. JS/DT/mmd F:\ATTO\TURN\COMMMEMO\Dolphin Stadium.doc 607 Agenda Item ~I r Date 3-1'~-13 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING THE EXPENDITURE OF ANY PUBLIC FUNDS FOR RENOVATIONS TO DOLPHIN STADIUM. WHEREAS, the Miami Dolphins and its billionaire owner Stephen Ross are seeking public funding through increased hotel tax rates and state sales tax rebates to fund improvements and renovations to Sun Life Stadium (Dolphin Stadium); and WHEREAS, any public funding for improvements to Dolphin Stadium would constitute an unjustifiable expenditure of public funds for private enterprise despite thinly veiled and unsubstantiated claims of a positive economic impact and increased tourism from such improvements due to the fact that Super Bowls are played in February, the height of the Greater Miami tourist season when major art festivals, food and wine events, and the Boat Show are held, and at a time when few other NFL cities can offer sunshine and beaches for which South Florida is world renowned; and WHEREAS, while publicly going on record to confirm that the Super Bowl will be played in an open-air stadium in 2014 and stating that "the game is meant to be played in the elements," and notwithstanding $250 million in improvements to Dolphin Stadium in 2007, NFL Commissioner Roger Goodell has stated that Dolphin Stadium needs more upgrades if South Florida is to remain competitive in bidding for future Super Bowls; and WHEREAS, despite the lobbying efforts engaged in by the Miami Dolphins, the Miami- Dade Delegation has not given the Dolphins' proposal for public funds for the renovation of Dolphin Stadium its full endorsement and, instead, has focused on issues such as education, affordable housing, and healthcare; and WHEREAS, based upon the foregoing, the Mayor and City Commission of the City of Miami Beach are opposed to the expenditure of any public funds for any renovations to Dolphin Stadium, and any renovations to Dolphin Stadium should be funded solely from private sources. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the use of any public funding for renovations to Dolphin Stadium is hereby opposed, and any renovations to Dolphin Stadium should be funded solely from private sources. PASSED and ADOPTED this ___ day of _____ ,2013. ATTEST: Rafael E. Granado, City Clerk Matti Herrera Bower Mayor F:\A TTO\TURN\RESOS\Dolphin Stadium-opposing public funds for renovations. 2013.docx /\PPROVED AS TO FORM & LANGUAGE & FOR EXECUTION f) · .\-3 ( l. \I ~-:::-::--::>-~q..- Date 608 I I I " l I RESOLUTION NO. 2010-27314 A RESOLUTION OF THE MAYOR AND CITY COMMISSION . OF THE CITY OF MIAMI BEACH, FLORIDA, ·OPPOSING THE EXPENDITURE OF . ANY pUBLIC FUNDS FOR RENOVATIONS TO DOLPHIN STADIUM. . ' : WHEREAS, the Mayor and City Commission of the City· of Miami Beach wish tci state tbeir ·opposition to the expenditure of any public funds for any renovations to Dolphin Stadium, including, but not limited to, the construction of an enclosed football stadium; and· . . . WHEREAS, any renovations to Dolphin Stadium should be funded solely.from private sources. · NOW, THEREFORE, BE IT.DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the use of any public . funding for renovations to Dolphin Stadium. is hereby opposed, and that any renovations to Dolphin :=;tadium should be funded solely from private sources. · · .·PASSED an~ ADOPTED this J O *' day of . J O.VII#..<H"f. ,2010, 'I .. ':ATTE;~1: < •"'+: > F:\atto\TURN\RESOSIResolution opposing public funding :or ronovai!oos ilt Dolphin Sladium.docx 272 609 ', l MIAMI H OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: · Jorge M. Gonzalez, City Manager FROM: Jonah Wolfson, Commissioner DATE: November 4th, 2010 SUBJECT: Agenda Item Please place on the November 1 i 11 , 201 0, Commission meeting agenda a discussion item regarding Resolution 2010-27314 (attached) in which the City of Miami Beach Commission voted against supporting the Miami Dolphins' initiative to get public funding for their stadium. The purpose of this referral is to ensure the Commission's Resolution referred to above is maintained in full force and effect. If you have any questions, please contact Leon or Hernandez at extension 6437. JW/lh We ore commilled lo exr:::ellenl public !eNice ond safely lo all who live. wo1k, ond ploy in Item ~ ~ C. J:f--'6-ro 610 Afteraction December 8, 2010 City of Miami Beach R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) ACTION: Meeting adjourned before this item was reached. 12:46:01 p.m. R9C Discussion Regarding Resolution No. 2010-27314, In Which The City Commission Voted Against Supporting The Miami Dolphins' Initiative To Get Public Funding For Their Stadium. (Requested by Com missioner Jonah Wolfson) (Deferred from November 17, 201 0) ACTION: Discussion held. Commissioner Wolfson read a previous resolution [201 0-27314] that stated that any funding for the stadium should be from private funding. He wants to see if this Commission stands where they stood before and asked if anybody has had a change of heart. He added that anybody representing this City at other places give the message that this is where this Commission stands. 12:49:21 p.m. R9D A Discussion Of A Proposed Land Exchange And Development Agreement Among Miami-Dade County, The City Of Miami Beach And South Beach Heights II, Involving The Properties At 615 Collins Avenue (P.E.T. Center), 710-720 Alton Road (Miami Beach Community Health Center), And 725-745 Alton Road (Vacant Private Land). (Economic Development) ACTION: Discussion held. Item referred. Motion made by Commissioner Exposito; seconded by Vice-Mayor Gongora to refer the item to the Finance and Citywide Projects Committee; Voice vote: 7- 0. Patricia Walker to place on the committee agenda. Kevin Crowder to handle. Jorge Gonzalez, City Manager, explained that discussions have been held with the developer, Mr. Gal but, for the development on the corner of Alton and 5th Street, and included in his conversations is the concept of a possible swap of property that addresses three parcels, the currently occupied Miami Beach Health Center parcel, a second parcel owned by the developer across the street and a third parcel owned by the City but encumbered by a long term lease by Miami-Dade County on Collins and 6th Street. As it relates to potential swapping of the parcels, (consolidating what is the Prevention Education and Treatment Center or PET Center and the Miami Beach Health Center onto one site on the East side of Alton Road in exchange for the sale and transfer of ownership interest on the Collins site and the site west of Alton) is in discussion among multiple parties. The developer has expressed a desire to move forward on the component of the transfer, and his advice continues to be that that is one piece of a larger puzzle that is being contemplated, and he recommends the Commission not act on this yet, and instead, hold out to see the larger picture of what the developer is proposing on the west side of Alton. The developer came in front of the Commission regarding zoning component, and there is a second reading to be scheduled on that zoning. The developer was requested to provide at the second reading proposed drawing or renderings on what is being proposed at the site. The Administration is also concerned with the traffic impact from a 400,000 square foot retail center on that corner will bring as this is the single main entry point to Miami Beach. The developer would like to know if he designs the project with the parcel in or with the parcel out. This item is here for discussion and guidance. If in fact there is a land transfer subject to the new restrictions in the Charter, it will take an extraordinary supermajority vote of the Commission (6/7) in order to pass. Prepared by the City Clerk's Office Page 32 of 35 M :\$CM B\CITYCLER\AFTERACT\20 1 0\Afteractions\ 1208201 0\aa 1208201 O.doc 611 THIS PAGE INTENTIONALLY LEFT BLANK 612 R7 -Resolutions R7K A Resolution Accepting The Neighborhood/Community Affairs Committee Recommendation Regarding The Relocation Of The Property Management Facility From The Sunset Harbour Neighborhood. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) Agenda Item 87 K Date 3-1 ~-~~ ... 613 THIS PAGE INTENTIONALLY LEFT BLANK 614 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving the recommendation of the Finance and Citywide Projects Committee pertaining to a proposed Amendment No. 3 to that certain Retail Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency, and Penn 17, LLC. (Lessee), dated September 16, 2011, involving the lease of approximately 7,655 square feet of ground floor retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; recommending that, as part of said Amendment, the Mayor and City Commission approve the following amended schedule of rent: 1) applying one third (1/3) of the Lessee's security deposit in the amount of $47,844 towards back-due rent amounts owed for the month of November, 2012; 2) deferring of $8,474 for Common Area Maintenance (CAM) for November, 2012, and Base Rent, plus CAM, for December, 2012, in the amount of $64,792 (Back-Due Rent); 3) approving an abatement of fifty percent (50%) of the Base Rent and Common Area Maintenance (CAM) for the six-month period commencing January 13 through July 12, 2013; 4) deferring fifty percent (50%) of the Base Rent and CAM for the six-month period commencing July 13 through January 12, 2014; and 5} providing for re-payment by Lessee of the one-third security deposit and Back- Due Rent for November and December,2012, in the manner outlined in Schedule "A" attached to the Resolution; further setting a Public Hearing for April 17, 2013, regarding Lessee's proposal to add an entertainment component to the use, as required by Section 142-362 of the City Code. Key Intended Outcome Supported: Increase resident satisfaction with the level of services and facilities. Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61% of the same_group would recommend Miami Beach as a place to do business. Issue: I Shall the City Commission authorize the Administration to finalize for execution Amendment No. 3 to the Lease Agreement? Item Summary/Recommendation: The Tenant is requesting rent relief in connection with operational complications resulting from the failure of its air conditioning system. The Tenant alleges that the current location of its air conditioning compressors located between the first and second floor of the garage alongside the entrance ramp, is inadequate to support the size units required to cool a restaurant operation of the scale involved in Cooper Avenue. As a solution, Tenant seeks to relocate all eight compressors to the roof of the garage, (which relocation, if accomplished, will occupy five roof-top parking spaces). On December 20, 2012, and January 24, 2013, the Finance & Citywide Projects Committee (FCWPC) considered proposed terms and conditions for restructuring the Tenant's rent payments. The FCWPC expressed support for providing some level of relief to the Tenant, but not at the risk of turning the City's position upside down and subject to the inclusion of specific release language absolving the City of any liability regarding Tenant's cost overruns and claims related to loss of business. The FCWPC further recommended in favor of modifying the Lessee's rent schedule as delineated in the above title section. Additionally, the Tenant has provided the Administration with a preliminary business plan which proposes that the restaurant, when re-opened by July 2013, will house three individual concepts: an anchor restaurant facing 17th Street, involving the Tenant's relocation of its Bond Street Restaurant; a celebrity chef late-night fast casual eatery in the center section of the space, and a lounge/bar in the existing bar area (The lounge bar). Since the lounge bar is being proposed to include entertainment, which is not a permitted use in the CCC civic and convention center district, a public hearing is required under Section 142-362 of the City Code to approve such use. Considering that Penn 17, LLC has paid 50% of the January and February 2013 Base Rent and CAM, and given the length of time required to re-lease the space to a new tenant, the Administration recommends that the City Commission accept the recommendation of the FCWPC pertaining to the amended rent schedule in the manner outlined on the schedule attached as Exhibit "A" hereto, and further setting a public hearing for April 17, 2013, regarding Lessee's proposal to add an entertainment component to the use, as required by Section 142- 362 of the City Code. Advisory Board Recommendation: l£lnance & Citywide Projects Committee approved on January 24, 2013 _j Financial Information: Source of Funds: 1----:---t---A_m_o_un_t __ +=---·------A_c_c_o_u_n_t __________ -i Financial Impact Summary: City Clerk's Office Legislative Tracking: \Anna Parekh, ext. 6471 Sign-Offs: KGB/M/\S/AP/If<OB ---------------------------------------, MlAMJBEACH 615 AGENDA iTEM _l_R_1_L_ DATE 3-13-\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 Commission Kathie G. Brooks, Interim City Manager /~ ~ March 13, 2013 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY'S FINANCE AND CITYWIDE PROJECTS COMMITTEE PERTAINING TO A PROPOSED AMENDMENT NO. 3 TO THAT CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY, (COLLECTIVELY, LESSOR) AND PENN 17, LLC (LESSEE), DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY 7,655 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA; RECOMMENDING THAT, AS PART OF SAID AMENDMENT, THE MAYOR AND CITY COMMISSION APPROVE THE FOLLOWING AMENDED SCHEDULE OF RENT: 1) APPLYING ONE THIRD (1/3) OF THE LESSEE'S EXISTING SECURITY DEPOSIT, REPRESENTING $47,844, TOWARD BASE RENT OWED FOR THE MONTH OF NOVEMBER 2012; 2) DEFERRING $8,474 FOR COMMON AREA MAINTENANCE (CAM) FOR NOVEMBER 2012, AND BASE RENT, PLUS CAM, FOR DECEMBER 2012, IN THE TOTAL AMOUNT OF $64,792 (HEREINAFTER REFERRED TO AS THE BACK- DUE RENT); 3) APPROVING AN ABATEMENT OF FIFTY PERCENT (50%) OF THE BASE RENT AND CAM DUE FOR THE SIX (6) MONTH PERIOD COMMENCING JANUARY 13, 2013 THROUGH JULY 12, 2013; 4) DEFERRING FIFTY PERCENT (50%) OF THE BASE RENT AND CAM FOR THE SIX (6) MONTH PERIOD COMMENCING JULY 13, 2013 THROUGH JANUARY 12, 2014; AND, 5) PROVIDING FOR RE- PAYMENT BY LESSEE OF THE ONE THIRD SECURITY DEPOSIT AND RE-PAYMENT OF THE BACK-DUE RENT FOR NOVEMBER AND DECEMBER, 2012; ALL IN ACCORDANCE WITH THE PAYMENT SCHEDULE ATTACHED AS EXHIBIT "A" HERETO; FURTHER SETTING OF A PUBLIC HEARING BY THE CITY FOR APRIL 17, 2013, REGARDING LESSEE'S PROPOSAL TO ADD AN ENTERTAINMENT COMPONENT AS A NEW PROPOSED USE ON THE LEASE PREMISES (AND AS PART OF LESSEE'S PROPOSAL TO "RE-B RAND" AND RE-OPEN THE PREMISES), AND AS REQUIRED BY SECTION 142-362 OF THE CITY CODE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On April13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27647, approving a Lease Agreement, as amended on February 8, 2012, and June 6, 2012, respectively (the Lease), having a term of nine (9) years and 364 days, between the City, the RDA (collectively, the Lessor) and Penn 17, LLC. (Lessee or Tenant), for use of approximately 7,655 square feet of ground level 616 City Commission Memorandum Penn 17, LLC -Retail Lease Amended Rent Schedule March 13, 2013 Page 2 of 5 retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop. The space currently houses the former Cooper Avenue Restaurant, which has been closed since December 17, 2012. On November 15,2012, the City issued a letter putting the Tenant on notice of certain compliance- related issues, including non-payment of rent for the months of October and November. On November 21, 2012, the City received a letter in response to its 11/15/12 letter from Tenant's legal counsel, Jeffrey Ryner, requesting rent relief in connection with operational complications resulting from the failure of the air conditioning system on the Leased Premises. The Tenant alleged that the current location of the air conditioning compressors, located between the first and second floor of the garage alongside the entrance ramp, was inadequate to support the size units required to cool a restaurant operation of the scale involved in Cooper Avenue. As a solution, Tenant requested to relocating all eight compressors to the roof of the garage, (which relocation, if accomplished, will occupy five roof-top parking spaces). On December 12, 2012, the City Commission referred the Tenant's request 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 City Commission meeting, the Tenant informed staff that it wasn't in a position to remit rent for the three- month period, and instead remitted a wire transfer for the October, 2012 rent. On December 17, 2012, the Tenant informed staff that it had closed Cooper Avenue Restaurant, with the intent of re-opening in February, 2012 under a new name and concept. ANALYSIS The issue was addressed at the December 20, 2012 FCWPC, during which the Tenant presented its request to reduce its rent payments by 50% over the next twelve (12) months; apply two months of the three-month security deposit it had paid at Lease execution towards the back rent due for November and December's rent; and have the City share in the cost of relocating the compressors to the roof of the garage, (the cost of which was estimated to be approximately $65,000). The Tenant also indicated that it would prefer to address the relocation of the compressors as well as the kitchen exhaust venting (as was requested by the New World Symphony) at the same time and under one engineering contract. The FCWPC was in favor of entertaining a deferral of the Tenant's rent, but for period of less than twelve months. It was not in favor of a rent abatement or on relinquishing a portion of the requested security deposit, unless the Tenant could provide a Letter of Credit or performance bond. The FCWPC directed staff to negotiate terms for a rent deferral to present to the City Commission, and to also incorporate release language absolving the City of any liability with regards to any claims made by the Tenant concerning construction delays and/or issues concerning the relocation of the HVAC compressors, as well as the kitchen exhaust venting. The FCWPC also recommended staving off further legal action, including proceeding to default the Tenant under the Lease and commencing eviction proceedings, pending the outcome of negotiations. The Tenant was also asked to provide an estimated time frame for re-opening the restaurant. On January 2nct, staff proposed the following rent payment plan: >-November and December 2012 rent payments be deferred until year three of the Lease; 'Y commencing on January 14, 2013 and through June 14, 2013, City will abate 50% of rents due. This results in a rent abatement equivalent to three full month's rent; 2 617 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule March 13, 2013 Page 3 of 5 ).;> in the meantime, all outstanding sidewalk cafe fees, concurrency fees, and Resort Tax fees, will be due and payable by January 8, 2013; .Y Tenant was informed that due dates for the initial payments were important because the January 16th City Commission agenda would be printed on January 9th and, in an effort to demonstrate good faith, the City should receive the outstanding sidewalk cafe, concurrency, and Resort Tax fees by January 8th. Tenant was further informed that the first 50% rent payment must be received timely on January 14th so that the City Commission can be informed on January 16th when the matter is discussed. On January 3rd, Tenant rejected the above-stated proposal, stating that it had shown good faith by paying October rent, and counter-proposed the following: 'r reduce the security deposit by two months due to the major improvements made and the value it has contributed to the building, and in light of the high rent for the space; .Y as to concurrency fees, Tenant requested that amounts paid to date remain on account pending a revision of the concept; .Y as to the rent for 2013, the Tenant wished to pay 50% for 12 months at 50%, however, "for the sake of finding a fast and manageable solution it would accept the following: o first 6 months at 50% and the balance is permanently abated; o second 6 months are also billed at 50% but the balance gets paid over year 5-6 as rent additions, so the balance of 180K gets paid over 24 months, at approximately $7500 per month." After further negotiations, on January gth, staff proposed: 'r applying fifty percent (50%) of the security deposit, in the amount of $71,765 towards back- due rent amounts owed for November and December 2012, totaling $112,635; leaving a balance of $40,870 (Back Rent) to be repaid in six (6) equal monthly installments commencing on July 13, 2013 and ending on January 14, 2014; ).-granting an abatement of fifty percent (50%) of the Base Rent and Common Area Maintenance (CAM) due for the six (6) month period commencing January 13, 2013 through July 12, 2013; ).;-reimbursement of that portion of the security deposit applied to the Back Rent, in the amount of $71,765, to be repaid in twelve (12) equal monthly installments commencing in the fifth year of the Lease Term and ending on the last day of the fifth year of the Lease Term; > granting a deferral of fifty percent (50%) of the Base Rent and CAM for the six (6) month period, commencing July 13, 2013 through January 14, 2014 ("Deferral Period"), to be repaid by the Tenant in twenty four (24) equal monthly installments, commencing in the sixth year of the Lease Term and ending on the last day of the seventh year of the Lease Term. It should be noted that the repayment provisions proposed by staff for the replenishment of the security deposit and the deferred rent were structured in a manner to mitigate any overlap in the Tenant's pre-existing obligation to begin repaying the two-month rent deferral granted as part of Amendment No.2 to the Lease Agreement, which becomes effective commencing in Year 3 of the Lease. The Tenant responded to the January gth proposal by saying that "what we truly need is to start the repayment schedule in 2014 and concentrate on building the business in 2013." During further discussions, the Tenant expressed: ).-that given the fact that it doesn't anticipate being back in operation and generating cash flow until at least mid-2013, a nine (9)-month abatement of its rent be granted, from January until September, 2013; ).-remittance of the balance of the Back Rent owed, commencing in January, 2014. 3 618 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule March 13, 2013 Page 4 of 5 Given the impasse on the negotiations, the Administration was unable to present a recommendation to the City Commission, and instead reported back to the FCWPC on January 24, 2013, to request further direction on how to proceed. It should be noted that ahead of the meeting, on January 16, 2013, staff sent a letter to the Tenant, demanding payment of outstanding Resort Tax, in the amount of $9,295.43 (based on the Tenant's own reconciliation dated January 8, 2013), as well as half of January's rent, in the amount of $28,158.87, plus applicable sales tax, as a condition precedent to the matter being re-discussed at FCWPC on January 24, 2013. On January 18, 2013, Tenant hand- delivered two checks: one in the amount of $9,295.43 representing payment of the outstanding Resort Tax; and one in the amount of $30,003.20 representing 50% of the January rent plus sales tax. The FCWPC expressed support for providing some level of relief to the Tenant, but not at the risk of turning the City's position upside down. The FCWPC was against allocating 50% of the security deposit toward the outstanding rent due for November and December, 2012, and instead only recommended releasing one-third of the security deposit, in the amount of $47,844, leaving a balance of $64,791, to be repaid commencing in January, 2014 (as requested by the Tenant). The FCWPC further recommended in favor of the terms, as proposed by staff, including: 1) applying one-third (1/3) of the Lessee's existing security deposit, representing $47,844, towards Base Rent owed for the month of November, 2012; 2) deferring $8,474 for Common Area Maintenance (CAM) for November, 2012, and Base Rent plus CAM for December 2012, in the total amount of $64,792 (Back-Due Rent); 3) granting an abatement of 50% of the base rent and Common Area Maintenance (CAM) due for the six (6) month period commencing January 13, 2013 through July 12, 2013; 4) granting a deferral of fifty percent (50%) of the Base Rent and CAM for the six (6) month period, commencing July 13, 2013 through January 14, 2014 ("Deferral Period"), to be repaid by the Tenant in twenty four (24) equal monthly installments, commencing in the sixth year of the Lease Term and ending on the last day of the seventh year of the Lease Term; 5) reimbursement of the security deposit amount applied to back rent in the amount of $47,844, to be repaid in twelve (12) equal monthly installments commencing in the fifth year of the Lease Term and ending on the last day of the fifth year of the Lease Term A schedule reflecting the revised rent schedule, as proposed, is included as Exhibit "A" to this memorandum. Tenant has paid 50% of the January and February 2013 Base Rent and CAM. The FCWPC again insisted that any agreement with the Tenant be subject to the inclusion of release language absolving the City of any liability. Commissioners Weithorn and Exposito voted in favor of the recommendation, while Commissioner Libbin withheld voting in favor of the recommendation until such time that the Tenant was able to provide a business plan for the re- opening of the restaurant. In the meantime, the Tenant is working on addressing final comments from the Building Department to obtain approval of its plans to relocate the air conditioning units, which it hopes to be able to coordinate in conjunction with the reconfiguration and relocation of the kitchen exhaust. 4 619 City Commission Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule March 13, 2013 Page 5 of 5 At the request of the FCWPC. Tenant has provided the Administration with a preliminary business plan which proposes that the Leased Premises, when re-opened by July 2013, will house three individual concepts: an anchor restaurant facing 1 th Street. involving the Tenant's relocation of its Bond Street Restaurant; a celebrity chef late-night fast casual eatery in the center section of the space; and a lounge/bar in the existing bar area. Since the lounge/bar component is being proposed to include entertainment, which is not listed main permitted use in the Civic and Convention Center (CCC) zoning district, a public hearing is required under Section 142-362 of the City Code to approve such use. The Administration has reviewed and analyzed the business plan provided by Penn 17, LLC and based on experience with other restaurant operations in the City and, the tenant's prior experience with Cooper Avenue, believe the revenue projections may be optimistic. CONCLUSION AND RECOMMENDATION Considering that Penn 17, LLC has paid 50% of the January and February 2013 Base Rent and CAM, and given the length of time required to re-lease the space to a new tenant, the Administration recommends that the City Commission accept the recommendation of the FCWPC pertaining to the amended rent schedule (in the manner outlined on the schedule attached as Exhibit "A" hereto), and further set a public hearing for April17, 2013, regarding Lessee's proposal to add an entertainment component to the Leased Premises, and as required by Section 142-362 of the City Code. The Administration will also continue to closely monitor the lease KGB\MS\AP\KOB Attachments T:\AGENDA\2013\March 13\Penn 17 Retail Lease CMB MEM.doc 5 620 EXHIBIT A Penn 17, LLC Rent Schedule Lease Commencement: October 13, 2011 Rent Commencement: Apri114, 2012 Current Proposed Lease Year: 2 Rent Rent Total Monthly Total Monthly Base Rent Repayment CAM Abatement Deferment Payment Payment 01!13/13 $ 47,843.75 $ $ 8.474.00 $ (28. 1 58.88) $ $ 56,317.75 $ 28.158.87 02/13/13 $ 47,843.75 $ $ 8,474.00 $ (28, 1 58.88) $ $ 56,3 i 7.75 $ 28,15887 03/13/13 $ 47,843.75 $ $ 8.474.00 $ (28. 158.88) $ $ 56,317.75 $ 28,158.87 04/13/13 $ 47,843.75 $ $ 8.474.00 $ (28, 158.88) $ $ 56,317.75 $ 28,158.87 05/13/13 $ 47,843.75 $ $ 8.474.00 $ (28, 158.88) $ $ 56,317.75 $ 28,158.87 06/13/13 $ 47,843.75 $ $ 8.474.00 $ (28, 158 88) $ $ 56,317.75 $ 28,158.87 07/13/13 $ 47,843.75 $ $ 8.474.00 $ $ (28. 158.88) $ 56,317.75 $ 28,158.87 08/13/13 $ 47,843.75 $ $ 8.474.00 $ $ {28, 158.88) $ 56.317.75 $ 28.158.87 09/13/13 $ 47,843.75 $ $ 8.47 4.00 $ $ {28, 158.88) $ 56,317.75 $ 28,158.87 Total: s 430,593.75 $ $ 76,266.00 $ (168, 953,28) $ (84.476.64) s 506,859.75 s 253,429.83 Current Proposed Lease Year: 3 Rent Rent Total Monthly Total Monthly Base Rent Repayment (1 and 2) CAM Abatement Deferment Payment Payment $ 49,279.06 $ 2,658.00 $ 8.47 4.00 $ $ {28.876.53) $ 60.411.06 $ 31.534 53 11/13/13 $ 49,279.06 $ 2,658 00 $ 8.474.00 $ $ (28,876.53) $ 60.411.06 $ 31.534.53 12/13/13 $ 49,279.06 $ 2,658.00 $ 8.474.00 $ $ (28,876.53) $ 60.411.06 $ 31.534.53 01/13/14 $ 49,279.06 $ 8.057.00 $ 8.474.00 $ $ $ 65,810.06 $ 65,810.06 02/13/14 $ 49.279.06 $ 8,057.00 $ 8.474.00 $ $ $ 65,810.06 $ 65,8i0.06 03/13/14 $ 49,279.06 $ 8,057.00 $ 8.47 4.00 $ $ $ 65,810.06 $ 65,810.06 04/13/14 $ 49,279.06 $ 8.057 00 $ 8.474 00 $ $ $ 65,810.06 $ 65,81006 05/13/14 $ 49,279 06 $ 8.057.00 $ 8.474.00 $ $ $ 65,810.06 $ 65,810.06 06/13/14 $ 49.279.06 $ 8,057.00 $ 8.474.00 $ $ $ 65,810.06 $ 65.810.06 07113/14 $ 49,279.06 $ 8,057.00 $ 8.47 4.00 $ $ $ 65,810.06 $ 65,810.06 08/13/14 $ 49,279.06 $ 8.057.00 $ 8.474.00 $ $ $ 65.810.06 $ 65,810.06 09 !13/14 $ 49.279 06 $ 8,057 00 $ 8.47 4.00 $ $ $ 65,810.06 $ 65,810.06 Total: $ 591.348.72 s 80.487.00 $ 101.688.00 $ $ (86,629.59} s 773,523.72 $ 686,894.13 Current Proposed Lease Year: 4 Rent Rent Total Monthly Total Monthly Base Rent Repayment (1 and 2) CAM Abatement Deferment Payment Payment $ 50.757.43 $ 8.057.00 $ 8.474.00 $ $ $ 67,288.43 $ 67,288.43 11/13/14 $ 50.757.43 $ 8.057.00 $ 8.47 4.00 $ $ $ 67,288.43 $ 67,288.43 12/13/14 $ 50.757.43 $ 8.057.00 $ 8.474.00 $ $ $ 67.288 43 $ 67,288.43 01/13/15 $ 50,75743 $ 2.658.00 $ 8.474.00 $ $ $ 61.889.43 $ 61.889.43 02/13/15 $ 50,757.43 $ 2,658.00 $ 8.474.00 $ $ $ 61.889.43 $ 61.889.43 03/13/15 $ 50.757.43 $ 2,658 00 $ 8.47 4.00 $ $ $ 61.889.43 $ 61,889.43 04/13/15 $ 50,757.43 $ 2,658.00 $ 8.474.00 $ $ $ 61.889 43 $ 61,889.43 05/13/15 $ 50.757.43 $ 2,658.00 $ 8.474 00 $ $ $ 61.889 43 $ 61.889.43 06/13/15 $ 50.757.43 $ 2,658.00 $ 8.474.00 $ $ $ 61.889.43 $ 61.889.43 07/13/15 $ 50,757.43 $ 2,658.00 $ 8.47 4.00 $ $ $ 61.889.43 $ 61.889.43 08/13/15 $ 50,757.43 $ 2,658.00 $ 8.474.00 $ $ $ 61.889.43 $ 61.889.43 09/13/15 $ 50.757.43 $ 2,658.00 $ 8.47 4.00 $ $ $ 61.889.43 $ 61,889.43 Total: s 609,089.16 $ 48,093.00 s 101.688.00 $ s s 758,670.16 $ 758,870.16 Page 1 of 2 621 EXHIBIT A Penn 17, LLC Rent Schedule NO!!;~: \ ·•· . . . C' p • • • • ~' (1) f{~pa$m~nt · ot r.~riiaining Noii/D;lc20 JZ \:iplgn2~ ($64,79tJ · •. ~f {2) R~payrnent o!Julyio{2'9~dA~gtjsf20i2 i~nt{$9s:6s8.do) per s~c.o~d Ail)e.~.d~el'lt · ·.• ·••·· .. • .. :.···.·... . : ., •··• j ,j / , ,; .·• ... (3) ~epayrnenjpf securitY dep()sil($47:844) <'c • •: . · \ . • '>i. · .'. · • !4i R~~qym~~~ of J~IY 2013ihrough 'oecen18~i 2od l;l~i.err~d'r..,ht .... ··. {$171,11)6.2:1] •i·' ·: ' ' .• , ••• •.··· lease Commencement: October 13, 2011 Rent Commencement: April14, 2012 lease Year; 5 11/13/15 12/13/15 01/13/16 02/13/16 03/13/16 04/13/16 05/13/16 06/13/16 07/13/16 08/13/16 09/13/16 Total: lease Year: 6 11/13/16 12/13/16 01 !13!17 02/13/17 03/13/17 04/13!17 05/13/17 06/13/17 07 /13!17 08/13/17 09/13!17 Total: Lease Year: 7 Page 2 of 2 11/13/17 12/13/17 01/13/18 02/13/18 03/13/18 04/13/18 05!13/18 06/13!18 07!13/18 08/13/18 09!13/18 Total: $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Base Rent 52,280.15 52,280.15 52,280.15 52,280.15 52,280.15 52,280.15 52,280.15 52,280.15 52,280.15 52.280 15 52.280.15 52,280.15 Repayment (2 and 3) $ 6,645 00 $ $ 6,645 00 $ $ 6,645.00 $ $ 6,645.00 $ $ 6,645 00 $ $ 6,645.00 $ $ 6.645.00 $ $ 6,645 00 $ $ 6,645.00 $ $ 6,645.00 $ $ 6,645 00 $ $ 6,645.00 $ 627,361.80 $ 79,740,00 $ Base Rent 53.848.56 $ 53.848.56 $ 53,848.56 $ 53,848.56 $ 53,848.56 $ 53,848 56 $ 53,848.56 $ 53,84B.56 $ 53,848.56 $ 53,848.56 $ 53,848.56 $ 53,848.56 $ 646,182.72 $ Base Rent 55,464.02 $ 55.464 02 $ 55.464.02 $ 55,46402 $ 55.464.02 $ 55,464.02 $ 55,464.02 $ 55.464.02 $ 55,464.02 $ 55.464 02 $ 55,464.02 $ 55.464.02 $ 665,568,24 $ Repayment (4) 7,12943 $ 7,129.43 $ 7,129.43 $ 7.129.43 $ 7,129.43 $ 7.12943 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,12943 $ 7,129.43 $ 7,129.4.3 $ 85,553.16 $ Repayment ( 4} 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7,129.43 $ 7, 129.4.3 $ 7,129.43 $ 7,12943 $ 7,129.43 $ 7.129.43 $ 7,129.43 $ 7.12943 $ 85,553.16 $ 622 Rent CAM 8,474.00 8.474.00 8,474.00 8.47 4.00 8.474.00 8.47 4.00 8,474.00 8,474.00 8.474.00 8,474.00 8,47 4 00 8.474.00 Abatement $ $ $ $ $ $ $ $ $ $ $ $ 101,688,00 $ Rent CAM 8,474.00 8,474.00 8,47400 8.474.00 8,474.00 8,474.00 8,474.00 8.474.00 8.47 4.00 8,474.00 8.47 4.00 8,47 4.00 Abatement $ $ $ $ $ $ $ $ $ $ $ $ 101,688.00 s Rent CAM Abatement 8,474.00 $ 8,474.00 $ 8,47 4.00 $ 8,474.00 $ 8.47400 $ 8,474.00 $ 8,474.00 $ 8.47 4.00 $ 8.474.00 $ 8,474.00 $ 8,474.00 $ 8.474.00 $ 101,688.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Rent Deferment Rent Deferment Rent Deferment Current Total Monthly Proposed Total Monthly Payment $ 63,412.15 $ $ 63.412.15 $ $ 63.412.15 $ $ 63.412.15 $ $ 63,4 12.15 $ $ 63.412.15 $ $ 63.412.15 $ $ 63.412.15 $ $ 63.41215 $ $ 63.412.15 $ $ 63,412.15 $ $ 63.412.15 $ $ 760,945,80 s Payment 67.399 .IS 67,399.15 67,399.15 67,39915 67,399.15 67.399.15 67.399.15 67,39915 67,399.15 67,399.15 67,399.15 67,399.15 808,789.80 Current Total Monthly Proposed Total Monthly Payment $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,32256 $ $ 62,32256 $ $ 62,32256 $ $ 62,322.56 $ $ 62,322.56 $ $ 62,32256 $ $ 62,322.56 $ $ 62,32256 $ s 747,870.72 s Payment 69,451.99 69.45199 69.45199 69,4.51.99 69,451 99 69,45 i.99 69.451.99 69,45199 69,45199 69,45199 69,45199 69.451.99 833,423.68 Current Total Monthly Proposed Total Monthly Payment $ 63,938.02 $ $ 63,938.02 $ $ 63,938 02 $ $ 63,938.02 $ $ 63,938.02 $ $ 63,93802 $ $ 63.938.02 $ $ 63,938.02 $ $ 63,93802 $ $ 63,93802 $ $ 63,938.02 $ $ 6:3,938.02 $ s 767,256,24 $ Payment 71,067.45 71.067.45 71.067.45 71.067.45 71.067.45 71.067.45 71,067.45 71,067.45 71,067.45 71.067.45 71.06745 71,067.45 852,809.40 RESOLUTION TO BE SUBMITTED 623 THIS PAGE INTENTIONALLY LEFT BLANK 624 R9 NEW BUSINESS AND COMMISSION REQUESTS City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY Rafael Granado Clerk Tel: (305) 673-7 411, Fax: (305) 673-7254 ' COMMISSION MEMORANDUM Date: Mayor Matti Herrera Bower and Members of the c~·ty Co/ ission Kathie G. Brooks, Interim City Manager V March 13, 2013 To: From: Subject: BOARD AND COMMITTEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Affordable Housing Advisory Committee Community Development Advisory Committee Community Relations Board Debarment Committee Disability Access Committee 11 14 17 7 8 City Commission Commissioner Deede Weithorn Commissioner Jorge Exposito Commissioner Michael Gongora Kathie G. Brooks, Int. City Manager Commissioner Jorge Exposito Commissioner Jerry Libbin Commissioner Jonah M. Wolfson 2 Page 1 1 Page 13 1 1 1 Page 15 1 Page 18 2 Page 21 1 Commissioner Michael Gongora 1 Agenda Item R ~ f1 We are committed to providing excellent public service and safety to all who live, work and play in Date ;3-{3-/3 626 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. Golf Advisory Committee Health Advisory Committee Housing Authority Marine Authority Miami Beach Commission For Women Miami Beach Cultural Arts Council Miami Beach Sister Cities Program Parks and Recreational Facilities Board Personnel Board Police Citizens Relations Committee Production Industry Council 12 11 5 7 21 11 24 10 10 17 7 APPOINTED BY: TOTAL VAC PAGE Commissioner Michael Gongora City Commission Mayor Matti Herrera Bower Mayor Matti Herrera Bower Commissioner Deede Weithorn Commissioner Ed Tobin 1 Page 25 2 Page 26 Page 32 Page 34 1 Page 35 1 Commissioner Jonah M. Wolfson 1 City Commission Mayor Matti Herrera Bower Commissioner Jerry Libbin Commissioner Michael Gongora City Commission Commissioner Michael Gongora Mayor Matti Herrera Bower 627 1 Page 36 3 Page 39 Page 42 1 3 Page 43 Page 46 1 Page 48 BOARD OR COMMITTEE: Safety Committee Single Family Residential Review Panel Tennis Advisory Committee VACANCIES TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE 14 Commissioner Jorge Exposito 1 Page 49 3 Kathie G. Brooks, Int. City Manager 3 Page 50 7 Mayor Matti Herrera Bower 1 Page 52 Attached is breakdown by Commissioner or City Commission: e KGB:REG/sp 628 Board and Committees Current Members Affordable Housing Advisory Committee Sec. 2-167 Composition: The committee shall consist of eleven (11) voting members with two (2) year terms appointed at large by a majority vote of the Mayor and City Commission: One citizen: 1) actively engaged in the residential home building industry in connection with affordable housing; 2) actively engaged in the banking or mortgage banking industry in connection with affordable housing; 3) two at-large who have resided in one of the city's historic districts for at least one year, and have demonstrated interest and knowledge in urban design and the preservation of historic buildings. 4) actively engaged as a for-profit provider of affordable housing; 5) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member); 6) actively engaged as a real estate professional in connection with affordable housing; 8) actively serving on the local planning agency pursuant to Florida Statute§ 163.3174 (Planning Board member); 9) who resides within the jurisdiction of the local governing body making the appointments; 10) who represents employers within the jurisdiction; 11) who represents essential services personnel as defined in the local housing assistance plan. Members of the Loan Review Committee, members of the Community Development Advisory Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. City Clerk's Note: 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 Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497. 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 Archive" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison: Richard Bowman Vacancy: Members: Name Amy Arian Charles To replace (6) Not for Profit Stephanie Berman To replace Robert (1) Res. Home Bldg. Sa land Last Name Perry Adorno Urstadt Position/Title (11) Rep. Essential Serv. (9) Res. Juris Local Govt (8) Local Plann. Bd. Wednesday, March 06,2013 12/31/2014 City Commission 12/31/2014 City Commission Term Ends: Appointed by: Term Limit: 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 629 Pagel of57 12/31/17 12/31/17 12/31/17 Board and Committees Current Members David Smith Guy Simani Jeremy Glazer Juan Rojas Mark Wohl Muayad Abbas Applicants Andrew Fischer Britta Hanson Gotlinsky Barbara Karen Fryd Prakash Kumar Wednesday, March 06,2013 (3) Rep. Labor Home Bid. (1 0) Rep. Em pl. With/Juris. (4) Low-Income Adv (2) Banking/Mortgage (7) Real Estate Prof. (5) For Profit Position!fitle 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Applicants Position!fitle Barbara Gotlinsky Dr. Barry Ragone Julio Lora Marie Towers Ryan Homan Page2of57 630 12/31/14 12/31/17 12/31/17 12/31/16 12/31/17 12/31/17 Board and Committees Current Members Art in Public Places Composition: Two (2) year term. Appointed by a minimum of 4 votes. Sec. 82-561 Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art media for display or integration in public places. City Clerk's Note: 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 Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?=72497. Alternatively, the Release 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 choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison : Dennis Leyva Members: Name Last Name James Lloyd Janda Wetherington Lisa Austin Lisette Olemberg- Goldstein Megan Riley Patricia Fuller Susan Caraballo Applicants Adrian Gonzalez Annette Fromm Christina LaBuzetta Claire Warren Dale Stine Elizabeth Schwartz Francis Trullenque Kathleen Kowall Lisa Austin Mark Alhadeff Michelle Ricci Nicole Doswell Silvia Ros Wednesday, March 06, 2013 Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Applicants Position/Title Ana Cordero Antoinette Zel Cindy Brown Cyn Zarco David Lombardi Emma DeAibear Jonathan Porcelli Leslie Tobin Maria Rodriguez Merri Mann Molly Leis Rosemarie Murillo Likens Zoila Datorre 631 Page3 of 57 12/31/16 12/31/16 12/31/17 12/31/14 12/31/16 02/31/18 02/31/18 Board and Committees Current Members Beautification Committee Sec. 2-36 Composition: Eight (8) members, seven (7) of whom shall be direct appointees by the Mayor and City Commissioners. The chairperson of the Mayor's Ad Hoc Garden Center and Conservatory Advisory Committee or designee who shall serve as a non-voting ex-officio member. City Liaison: John Oldenburg Appointments To Be Made : Silvia Rotbart Members: Name Last Name Daniel Nixon Lidia 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: 12/31/2013 12/31/2013 12/31/2013 12/31/2014 12/31/2014 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 Lib bin 12/31/18 12/31/2013 Commissioner Ed Tobin 12/31/18 Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Ana Cordero Cindy Brown Darin Feldman Dr. Corey Narson Francinelee Hand Lily Furst Marivi Iglesias Mitchell Korus Rabbi Daniel Sherbill Tiva Leser Wednesday, March 06, 2013 Positionffitle Applicants Christopher Todd Daniel Novela Dina Dissen Flavia Lowenstein-Eiortegui Kay Coulter Marina Novaes Michelle Ricci Peter Vallis Steven Gonzalez 632 Positionffitle Page4 of57 Board and Committees Current Members Board of Adjustment Composition: Two (2) year term. Appointed by a 5/7th vote. RSA 1-2 Sec 118- 1~1 Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community; the member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planner, a Chartered Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as having similar credentials and duly licensed by the State of Florida. Members shall be appointed 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. 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 Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under CITY MEEITNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission Meeting, and click on City Commission At-Large Nominations. City Liaison: Antonieta Stohl Members: Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Bryan Rosenfeld CPA 12/31/2013 City Commission 12/31/15 Elsa Urquiza At-Large 12/31/2013 City Commission 12/31/17 Joy Malakoff At-Large 12/31/2014 City Commission 12/31/16 Lior Leser Fin. Cons. TL 12/31/13 12/31/2013 City Commission 12/31/13 Noah Fox Real Estate Developer 12/31/2014 City Commission 12/31/18 Richard Pre ira Law 12/31/2014 City Commission 12/31/16 Sherry Roberts Gen. Business TL 12/31/13 12/31/2013 City Commission 12/31/13 Applicants Position/Title Applicants Position/Title Alexander Annunziato Avi Ciment Dov Konetz Gary Twist Jessica Conn Wednesday, March 06,2013 Anthony Atala Brian Ehrlich Gabriel Paez Guy Simani Jonathan Beloff 633 Page 5 of 57 (Continued .. ., Board and Committees Current Members Josh Gimelstein Micky Ross Steinberg Robert Newman Scott Needelman Wednesday, March 06, 2013 Michael Bernstein Muayad Abbas Roberta Gould 634 Page6of57 Board and Committees Current Members Budget Advisory Committee Sec. 2-44 Composition: Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment. Two (2) at-large appointments: one (1) certified public accountant and one (1) for a financial advisor. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing currnet information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497 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 choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison: Kathie Brooks Members: Name Last Name Antonio Hernandez SL David Lancz Dushan Koller Jack Benveniste Jacqueline Lalonde John Gardiner Laurence Herrup Marc Gidney Stephen Hertz Applicants David Richardson Eric Lawrence Gregory Carney John Bowes Lisa Ware Oliver Oberhauser Rima Gerhard Wednesday, March 06, 2013 Position/Title Financial Adv. C.P.A. Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 12/31/2014 12/31/2013 12/31/2013 Commissioner Jorge Exposito 12/31/16 Commissioner Deede Weithorn 12/31/18 Commissioner Jonah M. Wolfson 12/31/15 Mayor Matti Herrera Bower 12/31/15 12/31/2014 City Commission 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/16 12/31/2013 Commissioner Michael Gongora 12/31/17 12/31/2014 City Commission 12/31/2014 Commissioner Ed Tobin Applicants Dwight Kraai Gerhard Rima Jared Plitt Lance Richardson Noah Fox Regina Suarez Ronald Starkman 635 Position/Title Page 7of57 12/31/14 12/31/16 Board and Committees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1) member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture and/or landscape architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. Two (2) members shall be selected with experience in the following technical field and/or the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. The remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related input to the committee. 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 Archives is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the OlY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Fernando Vazquez Members: Name Brian Cheryl Last Name Ehrlich Jacobs Christina Cuervo Dwight Kraai Elizabeth Camargo Wednesday, March 06,2013 Position/Title (C3) Developer (C4) At-large (C5) Developer TL 12/31/13 (2) Engineer TL 12/31/13 (C2) Architect TL 12/31/13 Term Ends: Appointed by: Term Limit: 12/31/2013 City Commission 12/31/14 12/31/2014 City Commission 12/31/18 12/31/2013 City Commission 12/31/13 12/31/2014 City Commission 12/31/13 12/31/2013 City Commission 12/31/13 Page8of57 636 Board and Committees Current Members Robert Saul Stacy Tony Applicants Rabinowitz Gross Kilroy Trujillo Annsheila Turkel Christian Folland Dominique Bailleul Harold Foster Jacobs Jacobs Josh Gimelstein Rima Gerhard Wednesday, March 06, 2013 (C5} Engineer 12/31/2014 City Commission (1) Mayor Designee 12/31/2013 Mayor Matti Herrera Bower (C3) Const/G/ Cont.TL 12/1 12/31/2014 City Commission (C4) Cap.Budg/Finance 12/31/2014 City Commission Position/Title Applicants Position/Title Anthony Atala Daniel Manichello Gerhard Rima lvette Isabel Borrello James Lloyd Michael Laas Ronald Starkman 637 Page9of57 12/31/17 12/31/15 12/31/13 12/31/16 Board and Committees Current Members Committee for Quality Education in MB Sec. 2-190.134 Composition: The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows. A representative from each of the following eight schools, selected by the Parent Teacher Association: North Beach Elementary, Biscayne Elementary, Feinberg-Fisher Elementary, South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad Elementary School, Treasure Island Elementary School, and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct appointments by the mayor and city commissioner with no more than three who can be employed or contracted by Miami-Dade County public shcools. The City Commission shall designate two (2) of its members to serve as City Commission liaisons who shall report to the City Commission actions of the Committee for Quality Education; the City Manager shall further designate a member of city staff to serve as a liaison who shall report the Committee's actions to the City Manager. City Liaison: Leslie Rosenfeld Appointments To Be Made : Tiffany Heckler Beverly Heller 12/31/2012 Commissioner Michael Gongora 12/31/2012 Mayor Matti Herrera Bower 12/31/18 12/31/16 Members: Name lvette Isabel Karen Kay Keren Sheila Elisa Leone Heidi Tandy I vette Bi rba Jill Swartz Leslie Rosenfeld Lisa Simon Last Name Position/Title Term Ends: Appointed by: Term Limit: Borrello Rivo Coulter TL 12/31/13 12/31/2013 12/31/2013 12/31/2013 Commissioner Jonah M. Wolfson 12/31/17 Commissioner Deede Weithorn 12/31/15 Commissioner Jerry Lib bin 12/31/13 Bajaroff 12/31/2014 Commissioner Ed Tobin 12/31/15 Duffy-Lehrman 12/31/2014 Commissioner Jorge Exposito 12/31/17 Rep. of the PTA for Biscayne Elementary 06/30/13 Rep. of PTA for Nautilus Middle School 06/30/13 Rep. of the PTA for Feinberg Fisher Elem. 6/30/13 Rep. of the PTA for MB Sr. High School -06/30/13 ACM/City Manager designee Rep. PTA for Ruth K. Broad Elementary-6/30/13 Matti Herrera-Bower City Commission designee Rebeka Cohen Rep. of the PTA North Beach Elem. School-6/30/13 Sofia Emuriel Vacant vacant Applicants Rep. of PTA for Treasure Island Elem. 06/30/13 City Commission designee Rep. of the PTA Sout Pointe Elementary -6/30/13 Position/Title Applicants Wednesday, March 06, 2013 638 Position/Title Page 10 of 57 (Continued .... Board and Committees Current Members Aida EI-Matari Elaine Litvak Judith Berson-Levinson Laura Cullen Loren Pearson Marina Aviles Mia Glick Wednesday, March 06, 2013 David Crystal Jill Swartz Kathleen Kowall Laurie Kaye Davis Maria Cifuentes Marrero Marjorie York Robert Fairless 639 Page 11 of 57 Board and Committees Current Members Committee on the Homeless Composition: The committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one (1). Sec. 2-161 The chairperson of the Committee on the Homeless or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. Each member of the committee shall be selected from membership in an organization such as, but not limited to the following: Service Providers: Douglas Gardens Community Mental Health, Salvation Army, Better Way, Miami Dade County Homeless Trust; (Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel Association), South Pointe (South Pointe Advisory Board to the Red. Agency); member of the general public with personal experience with homeless issues CDBG Project Coordinator (ESG Emergency Shelter Grant Provider), city officials, representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Katherine Martinez Members: Name Last Name Annsheila Turkel Cary Yee Quee Dale Gratz Gail Harris Jonathan Kroner Lisa Ware Prakash Kumar Rabbi Daniel Sherbill Rachael Zuckerman Applicants Debra (Debi) Quade Emma DeAibear Kimberly Diehl Luis Iglesias-Ramirez Mitchell Korus Recio Sullivan Rosemarie Murillo Likens Wednesday, March 06,2013 Position/Title TL 12/31/13 Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/31/2014 Commissioner Ed Tobin 12/31/19 12/31/19 12/31/14 12/31/16 12/31/2013 Commissioner Jorge Exposito 12/31/17 12/31/2014 Commissioner Jonah M. Wolfson 12/31/13 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/2014 Commissioner Michael Gongora 12/31/19 12/31/2013 Commissioner Deede Weithorn 12/31/17 Applicants Eda Valero-Figueira Helen Swartz Leah Rey Melissa Mokha Muayad Abbas Rosalie Pincus Stephanie Berman 640 Position/Title Page12of57 Board and Committees Current Members Community Development Advisory Committee Composition: Committee shall be composed of fourteen (14) members. The Mayor and City Commissioners shall each make two (2) direct appointments. Sec. 2-190.110 The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following ways: 1) At least seven (7) appointees shall either be: (a) Miami Beach residents, for a minimum of six (6) months, in non-target areas or (b) either city residents, or non-residents, who hold a leadership position in organizations that provide community development services to low and/or moderate-income people or neighborhoods, preferably within the city, provided, however, the organization that the appointee holds such position in cannot be a current or future recepient of city CDBG or HOME funds. 2) The remaining appointees shall either be: a) A resident or a locally desginated community development target area for a miminum of six (6) months; or, b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a locally designated community development target area for a minimum of six (6) months. City Liaison: Brian Gillis Appointments To Be Made : Dona Vacancy: Members: Name Adam Andrew Christina Harvey James Karen Marina Mark Michael Zachary Applicants Zemo To replace Rachel Umlas to replace Josh Gimelstein To replace Aida EI- Matari Last Name Position/Title Greenberg Fuller LaBuzetta Burstein Weingarten Fryd Aviles Hayes Bernstein Cohen Positionffitle Alejandro Dominguez Bruce Klaiber Derrek Steele Jean Fils Jeffrey Graff Kay Coulter Wednesday, March 06,2013 12/31/2012 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/19 12/31/2013 Commissioner Jerry Libbin 12/31/20 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2013 Commissioner Ed Tobin 12/31/14 12/31/2014 Commissioner Ed Tobin 12/31/18 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Commissioner Jorge Exposito 12/31/20 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Commissioner Jerry Libbin 12/31/2013 Commissioner Michael Gongora Applicants Arian Adorno Christina Nicodemou Dr. Barry Ragone Jeffrey Feldman Juan Rojas Mark Wahl Positionffitle 12/31/16 12/31/19 Page 13 of 57 (Continued .... 641 Board and Committees Current Members Michael Rotbart Steve Berke Wednesday, March 06, 2013 Russell Hartstein 642 Page 14 of 57 Board and Committees Current Members Community Relations Board Sec. 2-190.11 Composition: The board shall consist of seventeen (17) members. Eleven (11) members shalll be voting members to be appointed in the following manner: Seven (7) direct appointments, with the Mayor and each City Commissioner appointing a member. Three (3) members shall be appointed by the City Manager and one (1) ex-officio member shall be appointed by the Miami-Dade Community Relations Board from its membership. Four (4) non-voting, ex-officio members shall be the chairpersons or designees of the following: Commission on the Status for Women Committee on the Homeless, Hispanic Affairs Committee, and Police/Citizen Relations Committee. Two (2) non-Voting ex-officio,: the police chief or his or her designee and the director of the Bureau of Children's Affairs. The composition of the board shall be reviewed every two (2) years. City Liaison: Lynn Bernstein Vacancy: To replace Jacobo Epelbaum 12/31/2014 Kathie G. Brooks, Int. City Manager Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Adam Barbara Brad Darin Debra Laurie Kaye Rabbi Solomon Robert Seth Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants Kravitz 12/31/2013 Montero 12/31/2014 Fleet TL 12/31/13 12/31/2013 Feldman 12/31/2013 Schwartz 12/31/2014 Davis Schiff Sen a Feuer TL 12/31/13 12/31/2014 12/31/2013 12/31/2013 12/31/2014 ex-officio of Police Citizens Relations Committee ex-officio of Miami-Dade Comm. Relation Board ex-officio Police Chief Designee ex-officio of the Committee on the Homeless ex-officio Director of the Bureau Childrens Affair ex-officio of MB Commission for Women ex-officio of Hispanic Affairs Committee Positionffitle Applicants Wednesday, March 06, 2013 643 Commissioner Jonah M. Wolfson 12/31/19 Commissioner Jorge Exposito 12/31/15 Commissioner Deede Weithorn 12/31/13 Kathie G. Brooks, Int. City 12/31/19 Manager Commissioner Ed Tobin 12/31/15 Kathie G. Brooks, Int. City 12/31/13 Manager Mayor Matti Herrera Bower 12/31/15 Commissioner Michael Gongora 12/31/19 Commissioner Jerry Libbin 12/31/20 Positionffitle Page 15 of 57 (Continued .... Board and Committees Current Members Andres Asion Claudia Moncarz Dale Gratz David Alschuler David Crystal Derrek Steele Eliane Soffer Irene Valines Ivan Rusilko Jacobo Epelbaum Jean Fils Lori Gold Luis Herrera Mia Glick Peter Vallis Sofia Emuriel Troy Fabien Wednesday, March 06, 2013 Page16of57 644 Board and Committees Current Members Convention Center Advisory Board Composition: The board shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one (1) direct appointment. Sec. 2-46 The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non voting ex-officio member. The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a non voting ex-officio member. Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the city manager's office shall serve as non-voting ex-officio members. City Liaison: Lenny Timor Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Lips 12/31/2014 Commissioner Jorge Exposito 12/31/19 Alan Frank Joshua Leon Roger Stuart Tim Kruszewski 12/31/2013 Commissioner Jonah M. Wolfson 12/31/18 Bob Balsam Wallack Manne TL 12/31/13 Abramson Blumberg Nardi ex-off. Global Spectrum Adm Rep. ex-officio, GMCVB Adm Rep 12/31/2014 Commissioner Ed Tobin 12/31/2013 Commissioner Jerry Libbin 12/31/2014 Commissioner Michael Gongora 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn Ita Moriarty Stephanie Ruiz Vacant ex-officio, Chairperson Bd. Of Dir. MBCC ex-officio member of the City Manager's Office Applicants Barbara Gotlinsky David Lombardi Gabrielle Redfern Gotlinsky Barbara Mark Wahl Michael Steffens Recio Sullivan Wednesday, March 06, 2013 Position/Title Applicants Barbara (Bunny) Patchen Eric Lawrence Gayle Durham Liliam Lopez Michael Rotbart Robert Newman 645 Position/Title Page 17of57 12/31/19 12/31/13 12/31/16 12/31/15 12/31/17 Board and Committees Current Members Debarment Committee Sec. 2-190.128 Composition: The committee shall consist of seven (7) voting members to be individually appointed by the Mayor and Commissioners. The committee's purpose is to evaluate and, if warranted, to impose debarment as provided in Sections 2-397 through 2-406 of the City Code to exclude a contractor (and, in limited instances, a bidder or proposer) from city contracting and city approved subcontracting. City Liaison: Alex Denis Vacancy: Members: Name Anthony Antonio Darius Dr. Ronald Joseph Stephen Applicants To replace Stephen Zack Last Name Position/Title Broad Hernandez Jr. Asly Shane Hagen Zack Positionffitle 12/31/2014 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Ed Tobin 12/31/16 12/31/2014 Commissioner Michael Gongora 12/31/18 12/31/2013 Commissioner Deede Weithorn 12/31/17 12/31/2013 Commissioner Jerry Libbin 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Mayor Matti Herrera Bower Applicants Positionffitle ~~~~~~~~·······~~~~~~-· ·~~·~~~··~~~~~~·········~~~~-~~···~~~~~····························~···· Brian Richard Lance Richardson Zachary Cohen Wednesday, March 06, 2013 John Bowes Michael Perlmutter 646 Page18of57 Board and Committees Current Members Design Review Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular members. The seven (7) regular members shall consist of: 1) two architects registered in the Untied States; Sec. 118.71 2) an architect registered in state of Florida or a member of the faculty of the school of architecture, urban planning, or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture, or a professional practicing in the fields of architectural design, or urban planning; 3) one landscape architect registered in the state of Florida; 4) one architect registered in the United States, or a profesional practicing in the fields of architectural or urban design, or urban planning, or a resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to practice law within the United States; and 5) two citizens at large. One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or designee and the City Attorney or designee shall serve in an advisory capacity. Residency and place of business in the county. The two (2) citizen-at-large members and one of the registered landscape architects, registered architects, professional designer or professional urban planners shall be residents of the city. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497. 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, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Thomas Mooney Members: Name Carol Jason Leslie Lilia Manuel Marilys Seraj Gary Held Richard Lorber Vacant Last Name Position/Title Hausen At-large Hagopian Registered Architect Tobin Registered Architect Medina Urban Planner Minagori At-large Nepomechie Architect Saba Lands. Arch. TL12/31/13 advisory/City Attorney Designee advisory/Acting Planning Director ex-officio/Disability Access Committee Wednesday, March 06, 2013 Term Ends: 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2013 12/31/2014 12/31/2013 647 Appointed by: City Commission City Commission City Commission City Commission City Commission City Commission City Commission Term Limit: 12/31/16 12/31/15 12/31/16 12/31/15 12/31/17 12/31/17 12/31/13 Page 19 of 57 (Continued. ... Board and Committees Current Members Applicants Alexander Annunziato Brian Ehrlich Elizabeth Camargo Francis Steffens Jean-Francois Lejeune Jessica Conn Ryan Homan Terry Bienstock Wednesday, March 06, 2013 Position/Title Applicants Andres Asion Cyn Zarco Elsa Urquiza Gary Twist Jeffrey Cohen John Stuart Seth Wasserman 648 Position/Title Page20of57 Board and Committees Current Members Disability Access Committee Composition: The Committee shall be composed of: 2006-3500 s 2-31 A board quorum of eight (8) members and requiring at least eight (8) votes for board action. Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners. 1) persons having mobility impairments; 2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community; 3) mental, cognitive or developmental disabilities; 4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). 5) One non-voting ex-officio member who is either a member of the disable community or has special knowledge of Americans with Disabiities Act (ADA) issues. As per ordinance 2011-3731, in addition to other power and duties, the chairperson of the committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to the dissability access committee on matters set forth in subsection (b) so that the disability access committee may provide recommendations to the city departments specified in subsection (b) or to the city commission. As per Ordinance 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 Liaison: Vacant Appointments To Be Made : Wendy Vacancy: Members: Name Andrea Lisa Barbara David Dr. Susan Helen Lee Russell Unger To replace Andrew Feuerstein To replace Elaine Litvak To replace John Bennet To replace Lawrence Fuller Last Name Position/Title Travaglia Gotlinsky New Solman Swartz Weiss Hartstein Sabrina Cohen Wednesday, March 06, 2013 12/31/2012 Mayor Matti Herrera Bower 12/31/16 12/31/2014 Commissioner Jerry Libbin 12/31/2014 Commissioner Michael Gongora 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2013 Commissioner Jerry Libbin Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Ed Tobin 12/31/19 12/31/2014 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Deede Weithorn 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/18 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2013 Mayor Matti Herrera Bower 12/31/19 12/31/2014 Commissioner Ed Tobin 12/31/17 Page21 of57 649 Board and Committees Current Members Susana Applicants Ann Thomas Maroder-Rivera Ex-officio member Positionffitle Rabbi Solomon Schiff Wednesday, March 06, 2013 12/31/2013 Commissioner Jorge Exposito 12/31/19 Applicants Britta Hanson Rafael Trevino 650 Positionffitle Page22of57 Board and Committees Current Members Fine Arts Board Reso 2000-24216 Composition: Fourteen (14) members with Mayor and City Commissioners appointing two (2) members each. The Miami Beach Fine Arts Board promotes the work of contemporary visual and cultural artists, enhances the appreciation for the arts in the community at large, and provides economic stimulation to under served neighborhoods. City Liaison: Gary Farmer Appointments To Be Made : Jamie Dokovna Members: Name Last Name Positionffitle Britta Hanson Carmen (Maria) Lopez Carrie Wiesenfeld Deborah Ruggiero Ellen Brazer Judith Berson-Levinson Lizette Lopez Melissa Broad Michael McManus Michelle Ricci Nathaniel Korn Tamra Sheffman Tiva Leser Applicants Positiontritle Allan Hall Beverly Heller Caroline Cardenas David Lombardi Dorian Nicholson Flavia Lowenstein-Eiortegui Francis Trullenque James Weingarten Jeffrey Feldman Josephine Pampanas Marjorie O'Neill-Butler Mia Glick Nicole Doswell Seth Feuer Wednesday, March 06, 2013 1213112012 Commissioner Michael Gongora 12131117 Term Ends: Appointed by: Term Limit: 12131/2013 Commissioner Jorge Exposito 12131119 12131/2013 Commissioner Michael Gongora 12131120 1213112013 Mayor Matti Herrera Bower 12/31/15 1213112014 Commissioner Jerry Libbin 12/31/18 1213112014 Commissioner Jorge Exposito 12/31/17 12131/2013 Commissioner Jerry Libbin 12131/16 12131/2013 Commissioner Deede Weithorn 12/31120 12131/2013 Commissioner Ed Tobin 12/31115 1213112014 Mayor Matti Herrera Bower 12/31117 1213112014 Commissioner Ed Tobin 12/31120 12131/2014 Commissioner Jonah M. Wolfson 12131115 12131/2014 Commissioner Deede Weithorn 12131115 12131/2013 Commissioner Jonah M. Wolfson 12131115 Applicants Ana Kasdin Bradley Ugent Dale Stine Dina Dissen Emma DeAibear Francinelee Hand Gregory Carney Janda Wetherington Jenna Ward Liliam Lopez Merri Mann Nelida Barrios Patti Hernandez Zahara Mossman 651 Positiontritle Page23of57 Board and Committees 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 Liaison: Diana Fontani Members: Name Last Name Billy Kemp Chad Richter Cindy Brown Dale Stine Daniel Spring Edison Farrow Ivan Cano Jorge Rich a Karen Brown Laura Veitia Marivi Iglesias Michael Bath Nelida Barrios Thomas Barker Willis "Chip" Arndt Jr, Applicants Brian Richard Dorian Nicholson Ivana Vento Rafael Trevino Richard Murry Steven Adkins Wednesday, March 06,2013 Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 Mayor Matti Herrera Bower 12/31/16 12/31/2014 12/31/2013 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2013 12/31/2014 12/31/2014 Commissioner Ed Tobin 12/31/16 Commissioner Jonah M. Wolfson 12/31/19 Commissioner Michael G6ngora 12/31/17 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 Commissioner Jorge Exposito 12/31/16 Commissioner Deede Weithorn 12/31/18 Commissioner Jerry Libbin 12/31/17 Commissioner Deede Weithorn 12/31/16 12/31/2013 Commissioner Michael G6ngora 12/31/16 12/31/2013 Commissioner Ed Tobin Applicants Christopher Amisano Elizabeth Schwartz Michael Andrews Rebecca Boyce Silvia Ros Walker Burttschell 652 Position/Title Page24 of57 12/31/16 Board and Committees Current Members Golf Advisory Committee Composition: The committee shall be composed of twelve (12) members. Consisting of eleven (11) voting members, seven (7) by direct appointment by the mayor and city commissioners,and four who shall be the presidents of the Bayshore and Normandy Shores Men's and Women's Golf Association. The city manager or his designee shall serve as a non voting ex-officio member. Sec. 2-76 The chairperson of the Golf Advisory Committee or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Kevin Smith Vacancy: Members: Name To replace Gregory Carney Last Name Position/Title 12/31/2014 Commissioner Michael Gongora Term Ends: Appointed by: Term Limit: ~~~------------~ Jeff Blumenthal 12/31/2014 Commissioner Deede Weithorn 12/31/15 Jeffrey Cohen 12/31/2013 Commissioner Jerry Libbin 12/31/16 Jenifer Caplan 12/31/2013 Commissioner Jorge Exposito 12/31/17 John Barker 12/31/2014 Commissioner Ed Tobin 12/31/15 Joseph Conway 12/31/2013 Mayor Matti Herrera Bower 12/31/18 Michael Piazza 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 Kevin Smith Applicants Daniel Novela Mitchell Korus Ronald Starkman President for Women's Golf Assoc. MB Golf Assoc. President of the MB Golf Club Members Assoc. President, Normandy Shore's Men's Golf Assoc. President, Normandy Shore's Women's Golf Assoc. ex-officio, designee of the City Manager Positionffitle Applicants Jane Hayes Robert Sena Zachary Cohen Wednesday, March 06,2013 653 Positionffitle Page25 of 57 Board and Committees Current Members Health Advisory Committee Sec. 2-81 2002- Composition: Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of the City Manager: One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount Sinai Medical Center, One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health Center or his/her designee administrator; Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an Assisted Living Facility (ALF); One (1) member shall be a representative from the nursing profession; One (1) member shall be a health benefits provider; Two (2) members shall be physicians.; Two (2) members shall be consumers consisting of: 1) one (1) individual from the corporate level and ; 2) one (1) private individual. One member shall be a physician or an individual with medical training or experience. There shall be one (1) non-voting ex-officio representative from each of the following: The Miami Dade County Health Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex- officio member of the board. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agend Archives website is located at http:/ /miamibeachfl.gov /cityclerk/scroll.aspx?id= 72497. 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, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Sonia Bridges Vacancy: Members: Name Anthony Dr. Andrew Dr. Jay Dr. Stacey Rachel Shaheen Steven To replace Harold Private Individual Foster To replace Jacobs Health Provider Baruch MD Last Name Japour Nullman Rein berg Kruger Schuster Wirk Sonenreich Position/Title ACLF Physician Physician Physician ACLF Private Individual CEO/Mt. Sinai/MH (NTL) Wednesday, March 06, 2013 12/31/2013 City Commission 12/31/2013 City Commission Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/16 12/31/2014 City Commission 12/31/14 12/31/2014 City Commission 12/31/16 12/31/2014 City Commission 12/31/16 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/15 12/31/2014 City Commission Page26of57 654 Board and Committees Current Members Tobi Todd Ash Narson Nursing Profession 12/31/2013 City Commission CEO MB Community Health 12/31/2014 City Commission Julie Zaharatos Maria Ruiz Applicants Caroline Cardenas Jared Plitt Lisa Ware Rep. from the Health Council of South Fla ex-officio, Director of Children's Affairs Positionffitle Wednesday, March 06,2013 Applicants Ivan Rusilko Leah Rey Michael Steffens 655 Positionffitle Page27of57 12/31/15 Board and Committees Current Members Health Facilities Authority Board Composition: Four ( 4) year terms. Five (5) members shall consist of; two (2) health providers, Sec. 2-111 one (1) individual in the field of general business who possesses good standing in the community; one (1) accountant and; one ( 1) attorney. The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of the City. Florida Statute 154.207 No term Limits. City Clerk's Note: 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 Archives is located on the website at http:/ /miamibeachfl.gov /cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CllY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda-Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Patricia Walker Members: Name Allison Arthur Marc Mark Sidney Last Name Stone Unger Umlas Sinn reich Goldin Position/Title Attorney Accountant Health Provider Health Provider General Business vacant Chairperson, Health Advisory Board Applicants Miguel Antonio Aviles Rosalie Pincus Wednesday, March 06, 2013 Position/Title Term Ends: Appointed by: Term Limit: 06/19/2013 City Commission 06/19/2016 City Commission 06/19/2014 City Commission 06/19/2015 City Commission 06/19/2014 City Commission Applicants Position/Title Rachel Schuster Shaheen Wirk Page28of57 656 FS-154-207 FS 154-207 FS-154-207 FS 154-207 FS 154-207 Board and Committees Current Members Hispanic Affairs Committee Sec. 2-190.21 Composition: The committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment. The chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. City Liaison: Nannette Rodriguez Appointments To Be Made : Luz Members: Name Ana Cecilia Antonio Eliane Francis Ida Patti Applicants Israel Sands Luis Herrera Rafael Trevino Rojas Last Name Velasco Purrinos Soffer Trullenque Perea I Hernandez Wednesday, March 06, 2013 Position/Title Position/Title 12/31/2012 Mayor Matti Herrera Bower 12/31/19 Term Ends: Appointed by: Term Limit: 12/31/2013 12/31/2014 12/31/2014 Commissioner Michael Gongora 12/31/18 Commissioner Jonah M. Wolfson 12/31/17 Commissioner Jorge Exposito 12/31/17 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/15 Applicants Jeffrey Cohen Luis Iglesias-Ramirez Regina Suarez 657 Position/Title Page29of57 Board and Committees Current Members Historic Preservation Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) members. There shall be a member from each of the following categories: 1) A representative from the Miami Design Preservation League (MDPL); Selected from three names nominated by the League. 2) A representative from Dade Heritage Trust (DHT); Selected from three names nominated by the Trust. Sec. 118-101 3) Two at-large member who have resided in one of the City's historic districts for at least one year, and have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings. 4) An architect registered in the state of Florida with practical experience in the rehabilitation of historic structures; 5) 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 planning, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of the foregoing with professional experience and demonstrated interest in historic preservation. 6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. All members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urban planning and university faculty member of the board shall be residents of, the city, provided, however, that the city commission may waive this requirement by a 5/7ths vote in the event a person not meeting these residency requirements is available to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. City Clerk's Note: 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 Archives website is located at http:/ /miamibeachfl.gov /cityclerkjscroll.aspx?id = 72497. 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, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Thomas Mooney Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: David Wieder Attorney 12/31/2013 City Commission 12/31/15 Dominique Bailleul At-large 12/31/2014 City Commission 12/31/16 Henry Lares Faculty Mem. TL 12/31/13 12/31/2013 City Commission 12/31/13 Herb Sosa MDPL 12/31/2014 City Commission 12/31/15 Ira Giller Reg. Architect 12/31/2013 City Commission 12/31/17 Jane Gross Dade Heritage 12/31/2014 City Commission 12/31/16 Josephine Manning At-large 12/31/2014 City Commission 12/31/14 Wednesday, March 06, 2013 Page 30 of 57 (Continued. ... 658 Board and Committees Current Members Applicants Albert Mertz Andrew Fischer Elizabeth Pines Guy Simani Jessica Jacobs Josh Gimelstein Marina Novaes Raymond Adrian Wednesday, March 06, 2013 Positionffitle Applicants Alejandro Dominguez Elizabeth Camargo Francis Steffens Jean-Francais Lejeune John Stuart Marilys Nepomechie Morris Sunshine 659 Positionffitle Page31 of57 Board and Committees Current Members Housing Authority Composition: Four year appointment. Five (5) members, appointed by the Mayor. Reso 7031 421.05 Appointments must be confirmed by the City Commission. At least one (1) member who shall be a resident who is current in rent in a housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority or public housing agency that has jurisdiction for the same locality served by the housing authority, which member shall be appointed at the time a vacancy exists. City Liaison: Anna Parekh Vacancy: To replace Eugenio Tenant Commissioner 10/11/2016 Mayor Matti Herrera Bower Cabreja Members: Name Last Name Emilio DeJesus Fernandez Michael Band Peter Raymond Applicants Chavelier Adrian Adrian Gonzalez Barbara Gotlinsky Damian Gallo Julio Lora Wednesday, March 06,2013 Positionffitle HA Commissioner HA Commissioner HA Commissioner HA Commissioner Positionffitle Term Ends: Appointed by: Term Limit: ····~~~~~~~~~~-"~ 10/11/2013 Mayor Matti Herrera Bower 1 0/11/2013 Mayor Matti Herrera Bower 1 0/11/2015 Mayor Matti Herrera Bower 10/11/2014 Mayor Matti Herrera Bower Applicants Allan Hall Christian Folland Gotlinsky Barbara Prakash Kumar 660 Positionffitle Page32of57 10/11/17 10/11/16 10/11/19 10/11/18 Board and Committees Current Members Loan Review Committee Sec. 2-166 Composition: The committee shall consist of seven (7) voting members whom shall be direct appointments by the Mayor and City Commissioners. The finance director or his/her designee and the city manager or his/her designee shall serve as non- voting ex-officio members A member of the Community Development Advisory Committee (CDAC) shall be designated to serve as a non-voting ex-officio member of the LRC in order to facilitate communications between the LRC and CDAC. City Liaison: Recio Soto Members: Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Eric Lawrence 12/31/2014 Commissioner Michael Gongora 12/31/17 Jay Dermer 12/31/2014 Commissioner Jonah M. Wolfson 12/31/18 Juan Torres 12/31/2013 Mayor Matti Herrera Bower 12/31/15 Mario Coryell 12/31/2014 Commissioner Jorge Exposito 12/31/17 Mayra Diaz Buttacavoli 12/31/2013 Commissioner Ed Tobin 12/31/17 Michael Rotbart TL 12/31/13 12/31/2013 Commissioner Deede Weithorn 12/31/13 Steve Zuckerman 12/31/2014 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 Wednesday, March 06, 2013 Positionffitle Applicants Positionffitle Lance Richardson Page33 of57 661 Board and Committees Current Members Marine Authority Sec. 2-190.46 Composition: The marine authority shall consist of seven (7) voting members, who shall be direct appointments by the mayor and city commissioners, and one non voting, ex-officio member of the authority, who shall be a representative of the city marine patrol. Appointments to the authority shall consist of individuals who have had previous experience in the operation of or inspection of either marine vessels or marine facilities including experience in various types of boat activities, including fishing in the waterways of the city. The members of the marine authority shall have the right and duty to consult with any member of the city administration for technical or other information pertaining to the matters before them. City Liaison: Mercedes Carcasses Appointments To Be Made : Antonio Vacancy: Members: Maldonado To replace Joel Aberbach 12/31/2012 Commissioner Michael Gongora 12/31/2013 Mayor Matti Herrera Bower 12/31/17 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Christopher Todd Daniel Kipnis Maurice Good beer Sash a Boulanger Stephen Bernstein Michael George ex-officio MB Marine Patrol Applicants Alex Espenkotter Elaine Roden Joel Aberbach Matthew Paulini Robert Glick Wednesday, March 06, 2013 Position/Title 12/31/2013 Commissioner Jorge Exposito 12/31/14 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 12/31/2014 Commissioner Jerry Lib bin 12/31/19 12/31/2013 Commissioner Ed Tobin 12/31/18 12/31/2014 Commissioner Deede Weithorn 12/31/18 Applicants Christian Folland Jacobo Epelbaum Jonathan Beloff Paul Friedman William Cahill 662 Position/Title Page34 of57 Board and Committees Current Members Miami Beach Commission For Women Composition: Twenty-one (21) members. 2007-3570 s 2190- Each of the seven (7) members of the commission shall appoint three (3) members. The chairperson of the Commission on the Status of Women or its designee shall serve as a non- voting ex-officio member of the Community Relations Board. City Liaison: Wanda Geist Appointments To Be Made : Claudia Regina Vacancy: Moncarz Berman To replace Tiffany Lapciuc Members: Name Debra (Debi) Elsa Francinelee Gertrude Jessica Karen Laura Laura Leslie Maribel Marjorie Mercedes Nikki Regina Roberta Rocio To replace Ana Kasdin Last Name Quade Orlandini Hand Arfa Conn Edelstein Cullen Bruney Coller Quiala York Carlson Weisburd Suarez Gould Sullivan Position/Title (TL 12/31/13) (TL 12/31/13) (TL 12/31/13) Applicants Position/Title Britta Hanson Diana Fontani Martinez Jennifer Diaz Maria Begonia Calcerrada Marjorie O'Neill-Butler Molly Leis Rebecca Boyce Wednesday, March 06, 2013 12/31/2012 Mayor Matti Herrera Bower 12/31/2012 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn 12/31/2013 Commissioner Ed Tobin 12/31/17 12/31/17 Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Jerry Libbin 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31/13 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2014 Commissioner Ed Tobin 12/31/14 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Jerry Libbin 12/31/15 12/31/2013 Commissioner Michael Gongora 12/31/19 12/31/2014 Commissioner Jorge Exposito 12/31/13 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Jorge Exposito 12/31/16 12/31/2013 Mayor Matti Herrera Bower 12/31/13 12/31/2013 Commissioner Jorge Exposito 12/31/18 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/19 Applicants Position/Title Dale Gratz Eda Valero-Figueira Judith Berson-Levinson Marie Towers Merle Weiss Natalia Datorre Wendy Kallergis Page35 of57 663 Board and Committees Current Members Miami Beach Cultural Arts Council Com position: Three (3) years term. Vacancies submitted by slate of candidates provided by the council. Sec. 2-51 Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission. Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year terms each. Additionally, effective December 31, 2002, no council member may serve more than six (6) consecutive years. City Clerk's Note: 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 Archives website is located at http:/ /miamibeachfl.gov /cityclerk/scroll.aspx?id = 72497. 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, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Gary Farmer Vacancy: To replace Ileana Bravo-Gordon Members: Name Last Name Positionffitle Beatrice Hornstein Charles Million Daniel Novela Ed a Valero-Figueira Gregory Melvin Isadore Havenick Marjorie O'Neill-Butler Merle Weiss Nina Duval Zoila Datorre Applicants Annette Fromm Bradley Ugent Christina LaBuzetta Elizabeth Pines George Durham Jason Witrock Jenna Ward Wednesday, March 06, 2013 TL 12/31/13 TL 12/31/13 Positionfl'itle 12/31/2015 City Commission Term Ends: Appointed by: Term Limit: 12/31/2015 City Commission 12/31/15 12/31/2013 City Commission 12/31/17 12/31/2015 City Commission 12/31/15 12/31/2014 City Commission 12/31/14 12/31/2014 City Commission 12/31/15 12/31/2013 City Commission 12/31/13 12/31/2015 City Commission 12/31/15 12/31/2013 City Commission 12/31/17 12/31/2013 City Commission 12/31/13 12/31/2014 City Commission 12/31/14 Applicants Positionfl'itle Antoinette Zel Calvin Kohli Cyn Zarco Eugenio Cabreja Janda Wetherington Jean Fils Karlene Mcleod 664 Page 36 of 57 (Continued. .. , Board and Committees Current Members Maria Cifuentes Marrero Michael McManus Monica Harvey Nathaniel Korn Oliver Oberhauser Rebecca Diaz Steve Berke Wednesday, March 06,2013 Mark Alhadeff Molly Leis Monica Minagorri Nicole Doswell Patti Hernandez Robert Newman Tamra Sheffman 665 Page37of57 Board and Committees Current Members Miami Beach Human Rights Committee 2010-3669 Composition: The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of the City Commission. The members of the committee shall reflect as nearly as possible, the diversity of individuals protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to the committee, the City Manager shall solicit nominations from as many public service groups and other sources, which he/she deems appropriate, as possible. At least one (1) of the committee members shall possess, in addition to the general qualifications set forth herein for members, a license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have experience in civil rights law. The attorney member shall also serve as chair of the committee. City Clerk's Note: 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 Archives website is located at http:/ /miamibeachfl.gov/cityclerkjscroll.aspx?id= 72497. 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, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Ralph Granado Members: Name Last Name Alan Fishman Bradley Ugent Carlos J Ortuno Dr. Barry Ragone Elizabeth Schwartz Monica Harvey Rachel Umlas Rafael Trevino Walker Burttschell William Warren Jr. Applicants Andrea Lisa Travaglia Ivana Vento Luis Herrera Wednesday, March 06,2013 Position/Title Law Positionffitle Term Ends: Appointed by: Term Limit: 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2013 Mayor Matti Herrera Bower Applicants Positionffitle Christopher Amisano Lori Gold Prakash Kumar Page38of57 666 12/31/16 12/31/18 12/31/16 12/31/16 12/31/16 12/31/18 12/31/18 12/31/16 12/31/16 12/31/19 Board and Committees Current Members Miami Beach Sister Cities Program Sec. 2-181 Composition: The Coordinating Council is the governing body of the overall Sister Cities Program. The council shall consist of; one (1) representatives per Sister City affiliation and , nine (9) other members. All of these members are appointed by the mayor. The members of the coordinating council shall be persons who are interested in furthering the purpose of the program. Any person interested in furthering the purpose of the program may become a member of an individual sister city committee upon approval by the coordinating council. To qualify, the person shall present a resume and a letter of interest to the committee chairperson. These members are appointed by the Mayor of the City of Miami Beach for two (2) years. City Liaison: Diana Fontani Appointments To Be Made : Bruce Reich Nahariya, Israel TL 12/31/13 12/31/2012 Mayor Matti Herrera Bower Gary Twist Fortaleza Brazil 12/31/2012 Mayor Matti Herrera Bower Stephanie Trinidad other 12/31/2012 Mayor Matti Herrera Bower George Neary other 12/31/2012 Mayor Matti Herrera Bower Jessica Londono lea, Peru 12/31/2012 Mayor Matti Herrera Bower Faye Goldin other 12/31/2012 Mayor Matti Herrera Bower Zeiven Be itch man other 12/31/2012 Mayor Matti Herrera Bower Ileana Bravo-Gordon Rio de Janeiro, Brazil 12/31/2012 Mayor Matti Herrera Bower Annette Fromm other 12/31/2012 Mayor Matti Herrera Bower Jennifer Diaz Santa Marta, Colombia 12/31/2012 Mayor Matti Herrera Bower Vacancy: To replace other 12/31/2013 Mayor Matti Herrera Bower Veronika Pozmentier To replace Daniela Krumlov, Czeck Rep. 12/31/2013 Mayor Matti Herrera Bower Linden-Retkova To replace Michael Fujisawa, Japan 12/31/2013 Mayor Matti Herrera Bower McNamee Members: 12/31/13 12/31/17 12/31/16 12/31/16 12/31/17 12/31/18 12/31/14 12/31/19 12/31/19 12/31/19 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Elaine Jacobo Jenna Nuccio Ray Roberto Wendy Applicants Ana Kasdin Bruce Klaiber Claudia Moncarz Francesco Stipo Gregory Carney Roden Epelbaum Ward Nobel Breslin DaTorre Kallergis Wednesday, March 06, 2013 other other Almonte, Spain Cozumel, Mexico Brampton, Canada other Pescara, Italy Positiontritle 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 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower Applicants Positiontritle Ann Thomas Charles Million Darin Feldman Gabriel Paez Israel Sands 12/31/17 12/31/19 12/31/19 12/31/16 12/31/16 12/31/16 12/31/19 Page 39 of 57 (Continued. ... 667 Board and Committees Current Members Ivan Rusilko Luis Giraldo-De Ia hoz Marcella Paz Cohen Michael Rotbart Rabbi Daniel Sherbill Tamra Sheffman Wednesday, March 06, 2013 Josephine Pampanas Luis Iglesias-Ramirez Maria Rodriguez Michael Tichacek Raymond Adrian Walter Lucero 668 Page40of57 Board and Committees Current Members Normandy Shores Local Gov. Neighborhood lmpv. Sec 34-175 Composition: The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the Executive Committee of the Normandy Shores Homeowner Association. On behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be composed of the three members of the Executive Committee of the Normandy Shores Homeowners Association as per Resolution No. 97-22449 adopted July 2, 1997. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http:/ /miamibeachfl.gov /cityclerkjscroll.aspx?id= 72497. 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, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Ronald Loring Members: Name John Mark Ronald Applicants Last Name Hughes Wojak Loring Andrew Fuller John Bowes Marie Towers Monica Minagorri Tegan Eve Wednesday, March 06,2013 Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Applicants David Alschuler Jonathan Porcelli Miguel Antonio Aviles Sofia Emuriel 669 Position/Title Page41 of57 12/31/18 12/31/18 12/31/14 Board and Committees Current Members Parks and Recreational Facilities Board Composition: Sec. 2-171 The board shall be comprised of ten (10) members. Seven (7) direct appointments made by the mayor and each commissioner. The chairperson of the following boards/committees or their designees shall serve as nonvoting ex- officio members of the Parks and Recreational Facilities Board: 1) Beautification Committee, 2) Golf Advisory Committee, and 3) Youth Center Advisory Board (See Beach Preservation, ex-officio member.) Members of the board shall demonstrate interest in the City's Parks and Recreational Facilities and programs through their own participation or the participation of a member of their immediate family. City Liaison: Kevin Smith Vacancy: Members: To replace Jeffrey Forster To replace Lizette Lopez 12/31/2013 Commissioner Michael Gongora 12/31/2013 Commissioner Jerry Libbin Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ••••••••••••••••••••••••·m~~------------~~~~~~~~·····------~· Amy Harriet Jonathan Leslie Meryl Rabin Halpryn Groff Graff Wolfson (TL 12./31/13) 12/31/2014 Mayor Matti Herrera Bower 12/31/13 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Commissioner Deede Weithorn 12/31/17 12/31/2014 Commissioner Ed Tobin TL 12/31/13 12/31/2013 Commissioner Jorge Exposito Daniel Nixon vacant vacant Ex-Officio member Beautification Committee Ex-Officio member of the Youth Center Adv. Board Ex-Officio member of Golf Advisory Commttee Applicants Annette Cannon Dana Turken Eleanor Carney George Durham Maria Cifuentes Marrero Michael Steffens Mojdeh Khaghan Paul Stein Walter Lucero Wednesday, March 06,2013 Position/Title Applicants Christina Nicodemou Dolores Hirsh George Castillo Jason Witrock Maria Rodriguez Miguel Antonio Aviles Moni Cohen Peter Vallis 670 Position/Title Page42of57 12/31/15 12/31/13 Board and Committees Current Members Personnel Board Sec. 2-190.66 Composition: Ten (10) members appointed by a 5/7 vote. Six (6) of which 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 Clerk's Note: 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 Archives website is located at http:/ /miamibeachfl.gov /cityclerk/scroll.aspx?id = 72497. 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, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Carla Gomez Vacancy: Members: To replace David Richardson To replace David Alschuler To replace Michael Perlmuter 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Gabriel Mojdeh Rosalie Christopher Diaz Evette Phillips George Castell Vacant Applicants Elsa Orlandini Harold Foster Lori Gold Paez Khaghan Pincus 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission elected 07/20/2011 exp. 7/31/2014-Group I elected 07/09/2012 exp. 7/31/2015 Group III elected 07/23/2010 exp. 7/31/2013 Group II Human Resources Director Positionffitle Applicants Gail Harris Laurie Kaye Davis Richard Preira Positionffitle Wednesday, March 06,2013 Page43 of57 671 12/31/15 12/31/16 12/31/15 Board and Committees Current Members P]anning Board Sec. 118-51 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular voting members. The voting members shall have considerable experience in general business, land development, land development practices or land use issues; however, the board shall at a minimum be comprised of: 1) one architect registered in the state of Florida; or a member of the faculty of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning; 2) one developer who has experience in developing real property; or an attorney in good standing licensed to practice law within the United States. 3) one attorney licensed to practice law in the state of Florida who has considerable experience in land use and zoning issues; 4) one person who has education and/or experience in historic preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: A) Has earned a college degree in historic preservation; B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or C) Is recognized by the city commission for contributions to historic preservation, education or planning; and 5) three persons who are citizens at large or engaged in general business in the city No person except a resident of the city, who has resided in the city for at least one year shall be eligible for appointment 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 requirements is available to serve on the board and is exceptionally qualified by training and/or experience. City Clerk's Note: 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 Archives website is located at http:/ /miamibeachfl.gov /cityclerk/scroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CTIY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda-Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Katia Hirsh. Members: Name Last Name Charles Urstadt Frank Kruszewski Henry Stolar Jack Johnson Jean-Francais Lejeune Jonathan Bel off Robert Wolfarth Wednesday, March 06, 2013 Position/Title General Business General Business Gen. Bus. TL 12/31/13 Historic Preservation Architect Attorney Developer Term Ends: 12/31/2013 12/31/2014 12/31/2013 12/31/2014 12/31/2014 12/31/2013 12/31/2013 672 Appointed by: Term Limit: City Commission 12/31/17 City Commission 12/31/18 City Commission 12/31/13 City Commission 12/31/18 City Commission 12/31/17 City Commission 12/31/15 City Commission 12/31/17 Page 44 of 57 (Continued .... Board and Committees Current Members Applicants Position!fitle Applicants Position!fitle ~~~~~~~~~~~~~~~~~~~···~~······~·························~~~~~~~~~ Albert Mertz Alex Espenkotter Alexander Annunziato Andres Asion Anthony Atala Avi Ciment Brian Ehrlich Dominique Bailleul Elizabeth Camargo Francis Steffens Gary Twist Guy Simani Jeffrey Cohen Jessica Conn Joshua Wallack Joy Malakoff Marina Novaes Mark Alhadeff Mario Courtney Muayad Abbas Noah Fox Robert Sena Ryan Homan Wednesday, March 06, 2013 Page45of57 673 Board and Committees Current Members Police Citizens Relations Committee Composition: The committee shall consist of seventeen (17) members, fourteen (14) of whom shall be voting members. Sec. 2-190.36 The members shall be direct appointments with the Mayor and City Commissioners, each making two (2) individual appointments. One (1) non-voting ex-officio member shall be from the non-administrative personnel of the police department selected by a majority vote of the non administrative personnel. Two (2) additional non-voting ex-officio members shall be the police chief (or a designee) and the city attorney (or a designee). The chairperson of the committee or his/her designee shall serve as a non-voting ex-officio member of the Community Relations Board. The Police/Citizen Relations Committee shall be assigned to the Police Department. Recommendations for appointment to all voting and non-voting membership selected by the Mayor and Commission shall be obtained from; the Spanish American League Against Discrimination (S.A.L.A.D.); the League of United Latin American Citizens (L.U.L.A.,C.]; The Anti-Defamation League, (A.D.L.); The Dade Action Pac; the National Association for the Advancement of Colored People (NAACPA); the League of Women's Voters, and any other organizations deemed appropriate. The voting members of the committee shall have knowledge of and interest in Police Community Relations and their impact on the City of Miami Beach. City Liaison: Chief Raymond Martinez Vacancy: Members: Name Beverly Claire Dina Gianluca Glenda Hope Jared Jonathan Michael Mitchell Nelson Steven Walter Alex Bello R. Martinez Steve Rothstein To replace Michael Grieco Last Name Position/Title Aberbach (TL 12/31/13) Warren Dissen Fontani Krongold Fuller Plitt Parker Perlmutter Korus Gonzalez Oppenheimer Lucero Non-adm. Personnel of the PD Police Chief City Attorney Designee Wednesday, March 06, 2013 12/31/2014 Commissioner Michael Gongora 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 Libbin 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 Libbin 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Michael Gongora 12/31/20 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 12/31/2013 Commissioner Deede Weithorn 12/31/19 Page 46 of 57 (Continued .... 674 Board and Committees Current Members Applicants Alejandro Dominguez Barbara (Bunny) Patchen Christina LaBuzetta Erik Goldman Irene Valines Jessica Jacobs Laura Cullen Maria Begonia Calcerrada Melissa Mokha Richard Preira Steven Gonzalez Wednesday, March 06, 2013 Position/Title Applicants Alex Espenkotter Bruce Klaiber David Crystal Eugenio Cabreja Irene Valines Kimberly Diehl Laura Marilla Marina Aviles Rachel Schuster Rosemarie Murillo Likens Tegan Eve 675 Position/Title Page47of57 Board and Committees Current Members Production Industry Council Sec. 2-71 Composition: The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make one direct appointment. All regular members shall have knowledge of the fashion, film, new media, production, television and or recording industries of the city. Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly involved with that industry. City Liaison: Graham Winick Vacancy: To replace Joyce Galbut Production Members: Name Last Name Positionfl'itle Albert Mertz Recording Industry Allee Newhoff Fashion (TL 12/31/13) Belkys Nerey Production Bruce Orosz Fashion Ivan Parron News Media Noreen Legault-Mendoza TV/Film Applicants Christina Nicodemou Karlene Mcleod Natalia Datorre Wednesday, March 06,2013 Positionffitle 12/31/2014 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: 12/31/2013 12/31/2014 12/31/2013 12/31/2014 12/31/2014 12/31/2013 Applicants Commissioner Jerry Libbin 12/31/20 Commissioner Jorge Exposito 12/31/13 Commissioner Deede Weithorn 12/31/18 Commissioner Ed Tobin 12/31/15 Commissioner Michael Gongora 12/31/16 Commissioner Jonah M. Wolfson 12/31/17 Positionffitle Irene Valines Lisa Ware Paul Friedman Page48of57 676 Board and Committees Current Members Safety Committee Sec. 2-176 Composition: Committee consists of fourteen (14) members who shall be direct appointments, two (2) appointments shall be made by the Mayor and each Commissioner. The members shall have knowledge of and interest in the safety of the citizens of the city. Ordinance 2010-3710 requires that one of the two direct appointments by the Mayor and each of the City Commissioners be Citizen Emergency Response Team (CERT) certified. City Liaison: Sonia Bridges Appointments To Be Made : Jerry Marsch (TL 12/31/13) Vacancy: To replace Baruch Sandhaus Members: Name Last Name Alfredo Rey Barbara Gillman Calvin Kohli Irene Valines Jane Hayes Jason Wit rock Jeannette Egozi Jeff Gordon Joel Aberbach Marcella Paz Cohen Michelle Green Oren Lieber Applicants Jonathan Parker Michael Perlmutter Michelle Green Robert Blumenthal William Cahill Wednesday, March 06,2013 Positionffitle (TL 12/31/13) Positionffitle 12/31/2012 Mayor Matti Herrera Bower 12/31/13 12/31/2013 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/17 12/31/2014 Commissioner Jonah M. Wolfson 12/31/13 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/2014 Commissioner Ed Tobin 12/31/19 12/31/2013 Commissioner Jerry Libbin 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Ed Tobin Applicants Positionffitle Leah Rey Michael Tichacek Orlinda Perez Perez Silvia Rotbart Page49of57 677 12/31/19 12/31/16 12/31/19 12/31/14 Board and Committees Current Members Single Family Residential Review Panel 2006-3529 Composition: The panel shall be composed of three (3) members, two of whom shall be architects an/or other registered design professionals, and one shall be a resident of the City, each to serve for a term of one (1) year. Panel members shall not deliberate in more than four (4) meetings per calendar year unless required due to inability to satisfy the quorum requirement. Panel members shall be chosen by the City Manager or designee on a rotating basis or as available from a list of not more than 20 architects and/or other registered design professionals, as well as a list of residents of the City. In developing the list of registered professionals, names should be submitted from the following associations: (1) American Institute of Architects, local chapter (2) American Society of Landscape Architects, local chapter (3) American Planning Association, local section (4) The Miami Design Preservation League (5) Dade Heritage Trust - Liaison: Thomas Mooney Vacancy: To replace Daniel Registered Design Prof. 12/31/2013 Vietia Jorge Gutierrez Registered Design Prof. 12/31/2013 (TL 12/31/14) Rafael Sixto Registered Design Prof. 12/31/2013 (TL 12/31/14) Members: Kathie G. Brooks, Int. City Manager Kathie G. Brooks, Int. City Manager Kathie G. Brooks, Int. City Manager Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: new member 12/31/2013 Applicants Positionffitle Applicants Positionffitle Oliver Oberhauser Wednesday, March 06, 2013 Page 50 of 57 678 Board and Committees Current Members Sustainability Committee 2008-3618 Composition: The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non- voting member and shall serve as the chairperson of the Committee. The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general environmental improvement trends, or "Green Initiatives," and "Sustainable Development", which is herein defined as a pattern of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only in the present, but in the indefinite future. The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach. City Liaison: Elizabeth Wheaton Members: Name Last Name Commissioner Gongora David Doebler Debra Leibowitz Gabriele Van Bryce Lanette Sobel Lily Furst Luiz Rodrigues Mitch Novick Applicants Amy Tancing Daniel Manichello George Durham Marivi Iglesias Russell Hartstein Wednesday, March 06,2013 Position/Title Positionffitle Term Ends: Appointed by: Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Jerry Libbin 12/31/20 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 12/31/2014 Commissioner Ed Tobin 12/31/2013 Mayor Matti Herrera Bower Applicants Andrea Lisa Travaglia Elizabeth Pines Kimberly Eve Michael Laas Walker Burttschell 679 Positionffitle Page 51 of57 12/31/15 12/31/16 Board and Committees Current Members Tennis Advisory Committee 2012-3773 Composition: The Committee shall be composed of severn (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in the sport of tennis. The Mayor and City Commissioners shall each make one direct appointment to the committee. The Mission of the Tennis Committee is to improve the lives of residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the Committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public tennis facilities to the City Commission and the City Administration for such action as the City Commission and the City Administration may deem appropriate. Two years after the September 12, 2012 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the City Commission for its review and consideration. City Liaison: Julio Magrisso Vacancy: Members: To replace Lizette Lopez 12/31/2013 Mayor Matti Herrera Bower Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ~---------~' --------~--"""'~""'" Carrie Johnson David Berger Dolores Hirsh Gayle Durham Jeffrey Forster Tegan Eve Applicants Kimberly Diehl Marlene Pross Michael Tichacek Steve Berke Wednesday, March 06,2013 Positiontritle 12/31/2014 Commissioner Deede Weithorn 12/31/20 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Ed Tobin 12/31/20 12/31/2013 Commissioner Jerry Libbin 12/31/19 12/31/2014 Commissioner Michael Gongora 12/31/20 Applicants Laure Mckay Melissa Mokha Stephen Donnelly Vicki Petruzzelli 680 Positiontritle Page52of57 Board and Committees Current Members Transportation and Parking Committee Composition: Committee shall consist of fourteen (14) members. Sec. 2-190.91 The Mayor and City Commissioners shall each make one (1) appointment, with the other members of the committee to be composed of members from the following community organizations, each of which must designate a permanent coordinating representative: 1) Miami Beach Chamber of Commerce's Transportation and Parking Committee, 2) Miami Beach Community Development Corporation, 3) Ocean Dr. Association, 4) Miami Design Preservation League, 5) North Beach Development Corporation, 6) Mid-Beach Community Association, 7) Lincoln Rd Marketing, Inc., On an annual basis, the members of the committee shall elect a chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the committee. Seven members of the committee shall consist of a quorum of the committee and shall be necessary in order to take any action. The members of the voting committee shall have knowledge of and interest in Transportation and Parking and their impact on the City of Miami Beach. The members of the board shall be officially designated by their respective organization, and letters certifying that designation shall be forwarded to the Miami Beach City Clerk. City Liaison: Saul Frances Appointments To Be Made : Josephine Pampanas 12/31/2012 Mayor Matti Herrera Bower 12/31/14 Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: --------------------~~--------~ Dr. Corey Eric J.P. Maria Scott Seth AI Feola Delvin Fruit Jo Asmundsson Mark Weithorn vacant vacant Narson 12/31/2014 Ostroff 12/31/2014 Morgan 12/31/2013 Mayer 12/31/2013 Diffenderfer 12/31/2013 Wasserman 12/31/2013 Rep. for the Ocean Dr. Imp. Assoc. 12/31/12 Rep. for Mid-Beach Community Assoc. -12/31/12 Rep. for MBCDC 12/31/12 Rep. for NBDC 12/31/13 Rep. for Lincoln Road Marketing Rep. for MBCC 12/31/12 Commissioner Jerry Lib bin 12/31/18 Commissioner Deede Weithorn 12/31/18 Commissioner Michael Gongora 12/31/14 Commissioner Ed Tobin 12/31/16 Commissioner Jonah M. Wolfson 12/31/15 Commissioner Jorge Exposito 12/31/16 William "Bill" Hahne Rep. for MDPL 12/31/13 Applicants Cheryl Jacobs David Alschuler Eleanor Carney Wednesday, March 06, 2013 Position/Title Applicants Daniel Manichello Dorian Nicholson Gerhard Rima 681 Position/Title Page 53 of 57 (Continued .... Board and Committees Current Members Gianluca Fontani Jacobs Jacobs Julio Lora Orlinda Perez Perez Sasha Boulanger Wednesday, March 06, 2013 Ivana Vento Jeffrey Feldman Laure Mckay Rima Gerhard Steven Oppenheimer 682 Page54of57 Board and Committees Current Members Visitor and Convention Authority Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. Sec. 1 02-246 The seven (7) members of the authority shall be representative of the community as follows: 1) Not less than two (2) nor more than three (3) members shall be representative of the hotel industry; 2) and the remaining members none of whom shall be representative of the hotel industry, shall represent the community at-large. Any member of the authority or employee therefore violating or failing to comply with provisions of this article shall be deem to have vacated his office or position. City Clerk's Note: 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 Archives website is located at http:/ /miamibeachfl.gov/cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CllY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Grisette Roque. Members: Name Last Name Position/Title Aaron Perry At-Large Jaqueline Hertz At-large TL 12/31/13 Jeff Lehman Hotel Industry TL 12/31/13 Keith Men in Hotel Industry Margaret Benua At-Large (Peggy) Micky Ross Steinberg At-large Steven Adkins At-large Applicants Positionffitle Albert Mertz Brian Richard Charles Million Christopher Amisano Diana Fontani Martinez George Castillo Israel Sands Jeffrey Graff Jonathan Porcelli Karen Brown Laure Mckay Seth Feuer Zahara Mossman Wednesday, March 06, 2013 Term Ends: Appointed by: Term Limit: 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Applicants Antoinette Zel Calvin Kohli Christine Taplin Christopher Todd Eric Lawrence Harold Foster James Lloyd Jennifer Diaz Joshua Wallack Karlene Mcleod Natalia Datorre Steven Gonzalez 683 Positionffitle Page 55 of57 12/31/16 12/31/13 12/31/13 12/31/15 12/31/17 12/31/15 12/31/14 Board and Committees Current Members Waterfront Protection Committee Sec. 2-190.122 Composition: The committee shall consist of: seven (7) voting members, one appointed by the Mayor and each Commissioner, and three (3) non- voting ex-officio members to be comprised as follows: 1) Seven (7) citizens having an interest in the preservation of the city's beaches and the purposes of the committee, 2) The city's environmental specialist as an ex-officio member, 3) An individual appointed by the Miami Dade County Department of Environmental Resources Management (DERM), Natural Resources Division who holds the position of Special Projects Administrator II as an ex-officio member and, 4) A member of the city's Beach Patrol. City Liaison: Elizabeth Wheaton Appointments To Be Made : Matthew Krieger (TL 12/31/13) 12/31/2012 Commissioner Michael Gongora Charles Fisher 12/31/2012 Commissioner Deede Weithorn Members: 12/31/13 12/31/18 Name Last Name Positionffitle Term Ends: Appointed by: Term Limit: Barbara Jeffrey Morris Robert William Hershkowitz Feldman Sunshine Kraft Cahill 12/31/2014 Commissioner Jerry Libbin 12/31/2013 Mayor Matti Herrera Bower 12/31/14 12/31/19 12/31/2013 Commissioner Jorge Exposito 12/31/15 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 12/31/2013 Commissioner Ed Tobin 12/31/20 Brian Flynn Joe Fisher Lisa Botero ex-officio, Miami-Dade Co. Dept of Env. Res. Mgmt. ex-officio, City's Beach Patrol Lifeguard II ex-officio, City's Environmental Specialist Applicants Alan Fishman James Weingarten Luiz Rodrigues Wednesday, March 06, 2013 Position/Title Applicants Andrew Fuller Kimberly Eve Silvia Rotbart 684 Position/Title Page56of57 Board and Committees Current Members Youth Center Advisory Board Composition: The board shall consist of ten (10) members, Sec. 2-186 seven (7) of whom shall be voting members affiliated with the Scott Rakow Youth Center. Two (2) student resident users of the facility shall serve as non-voting ex-officio members; one (1) of these student users must attend a middle school, and the other must attend a high school. The director of the office of children's affairs shall serve as a non-voting ex-officio member. The chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Ellen Vargas Appointments To Be Made : Paul Vacancy: Members: Stein 12/31/2012 Mayor Matti Herrera Bower 12/31/16 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Annette Dana Esther Jeffrey Michael Stephanie Maria Ruiz Applicants Aida EI-Matari Rebecca Diaz Cannon Turken Egozi Choukroun 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 Positionffitle Wednesday, March 06,2013 12/31/2014 12/31/2013 12/31/2014 12/31/2014 12/31/2013 12/31/2013 Applicants Commissioner Ed Tobin 12/31/18 Commissioner Jorge Exposito 12/31/15 Commissioner Michael Gongora 12/31/17 Commissioner Jerry Libbin 12/31/16 Commissioner Jonah M. Wolfson 12/31/19 Commissioner Deede Weithorn 12/31/15 Positionffitle Andrea Lisa Travaglia Page 57 of 57 685 City Commission Committaas Committoo Position First Nama Appointad 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 Offi 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 Edward L. 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 Depart Tuesday, February 26, 2013 686 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 Committee/lnterlocal Agreement for Public School Facility Planning MDC Commissioner Michael Gongora • Miami-Dade County League of Cities Commissioner Deede Weithorn • Miami-Dade County Homeless Trust Board Ricky Arriola • The Adrienne Arsht Center for the Performing Arts Center Trust Victor Diaz • Miami-Dade County Charter Review Task Force Mitchell Kaplan • The Adrienne Arsht Center for the Performing Arts Center Trust Richard Milstein • The Adrienne Arsht Center for the Performing Arts Center Trust F:\CLER\$ALL\a City Commission\Non City Commission Committees 03132013.docx 687 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor Matti Herrera Bower and Members of the C~'ty Co ission Kathie G. Brooks, Interim City Manager ?J?:;i / -#'~~/ March 13, 2013 TO: DATE: SUBJECT: BOARD AND COMMITTEE APPOINTMENTS -CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee (2 vacancies) 2. Health Advisory Committee (2 vacancies) 3. Miami Beach Cultural Arts Council (1 vacancy) 4. Personnel Board (3 vacancies) 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 Archives website is located at: http:/Jmiamibeachfl.gov/cityclerk/scroll.aspx?id=72497 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 choose 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 March-13-13.doc 688 Agenda Item R q A I Date 3-13-13 THIS PAGE INTENTIONALLY LEFT BLANK 689 R9 -New Business and Commission Requests R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) AGENDA ITEM: DATE: 690 THIS PAGE INTENTIONALLY LEFT BLANK 691 R9 -New Business and Commission Requests R9C Update On The Miami Beach Convention Center Project (City Manager's Office) 692 Agenda ltem_R.......:.9.,._C __ Date...........:.¢~-.:.....1 ;'--... J:..;;;;;;3;,_.._ THIS PAGE INTENTIONALLY LEFT BLANK 693 (S MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Kathie Brooks, Interim City Manager Jerry Libbin, Commissioner ,II February 19, 201 3 MEMORANDUM SUBJECT: Agenda item for the March 13, 2013 Commission meeting; Please place on the March 13, 2013 Commission meeting agenda, a discussion of providing reserved parking for monthly permit holders on lower floors in our garages to alleviate inconvenience experienced by permit holders during major events such as the Boat Show. Please see the attached email with valid concerns expressed by Ms. Olivia Benson. You may contact my office at ext. 7106 if you have any questions. Attachment JL/er We ore commmed fo excel/en/ Agenda Item R q D _....;....,;..__,;::;;.._ __ Date .3-t ?:>-13 694 Rodriguez, Enid from: Sent: To: Cc: The list is quite simple: Olivia S. Benson [oliviasb@bellsouth.net] Tuesday, February 19, 2013 4:00 PM Libbin, Jerry Gilbert K. Squires, Esq. gilbertsquires@squiresbenson.com Management of Sheridan Street Garage The elevators are out of service regularly. Please fix them and keep them in service. When the elevators are out of service post appropriate notices indicating their status. When are major/special events in the area parking for monthly parkers is difficult, time consuming, and cumbersome. Monthly parkers should have their parking guaranteed in the lower levels and special/major event parking should be directed to the upper levels. Not be subject to driving around to hopefully find a space. This is worse when there may only be one available somewhere in the entire garage. When these major events happen there is usually no additional cashier to handle the additional volume of customers. While there is some times someone screening the entrances, there needs to be someone to handle questions and direct traffic, especially at the end of the day when people are leaving the event and people are leaving their offices. The garage has leaks and the stairs are frequently wet maldng them slippery. 0,1 Think Green-Please don't print unless you must! Miami-Dade Office: HSBC Bank Building 301 West4l;t Ste. 502 Miami FL 33140-3609 Tel: (305) 575-2400 2400 Facsimile: (305) 575- Toll Free: (877) 281-7269 E-mail: oliviabcnson@squirebenson Be Weill Broward Office: Huntington Square III 3350 SW 148th Ave., Ste. 110 Miramar, FL 33027-3237 Tel: (954) 874-1736 695 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Kathie G. Brooks, Interim City Manager From: Jonah Wolfson, Commissioner Date: February 28 1h, 2013 Re: Commission Agenda Discussion Item Please place on the March l3 1h, 2013, Commission Agenda a Discussion Item to discuss putting out to bid the commercial waste hauling franchises as there has been further consolidation. Should you have any questions, please contact Leonor Hernandez at Extension 6437. 696 Agenda Item R Of E Date .3 ... J3 ... J?:> THIS PAGE INTENTIONALLY LEFT BLANK 697 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: CC: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager Jose Smith, City Attorney Rafael E. Granado, City Clerk March 13, 2013 Discussion Item-The Office of the City Clerk is seeking direction as to the usage of pre-paid return postage envelopes or regular envelopes, where voters must provide their own postage, to return absentee ballots in the upcoming November 2013 City Elections. The Miami-Dade County Board of County Commissioners passed a resolution on September 18, 2012, to provide pre-paid return postage envelopes for absentee ballots in all countywide elections (see Exhibit A). Municipalities conducting stand-alone elections, such as Miami Beach in November 2013, are afforded the choice of using pre-paid return postage envelopes, or regular envelopes, where voters must provide their own postage, to return the absentee ballots. The Miami-Dade County Elections Department is in the process of ordering absentee ballot envelopes. Therefore, I am hereby seeking direction as to how to proceed, in order to properly prepare the election budget and the necessary election resolutions. As of today, Miami Beach has 5,003 permanent absentee ballot requests. The additional cost of pre-paid return envelopes for Miami Beach, based on 100% return of the 5,003 absentee ballot requests on file as of today, would be approximately $2,501.50 (or $0.50 per envelope). If the City chooses to provide pre-paid return envelopes for absentee ballots, it will only pay postage on those absentee ballots returned by mail. Note, this estimate will increase if additional absentee ballot requests are received. T:\AGENDA\2013\March 13\Absentee Ballot Elections-Discussion ltem.doc 698 Agenda Item Rq !=- Date ;-13-13 Legislative Matter Miami-Dade Legislative Item File Number: 121687 File Number: 121687 File Type: Resolution Status: Amended Page 1 of2 Version: 0 Reference: Control: Board of County Commissioners File Name: PRE-PAID RETURN ENVELOPES FOR ABSENTEE Introduced: BALLOTS 8/24/2012 Requester: NONE Cost: Final Action: Agenda Date: 9/18/2012 Agenda Item Number: 11A1 Notes: Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO PROVIDE PRE-PAID RETURN ENVELOPES FOR ABSENTEE BALLOTS Indexes: ABSENTEE BALLOT Sponsors: Esteban L Bovo, Jr., Prime Sponsor ELECTION ISSUES Audrey M. Edmonson, Co-Sponsor Rebeca Sosa, Co-Sponsor Sunset Provision: No Effective Date: Expiration Date: Registered Lobbyist: None Listed Legislative History Acting Body Date Agenda Action ltem Sent To Due Date Returned Pass/Fail BoardofCounty 9/18/2012 11A1 Commissioners Amended p REPORT: The foregoing resolution was amended to add the word "countywide" before the word election. The amended version of the foregoing resolution would be assigned Resolution Number R-739-12. Board of County 9/6/2012 14A3 4 Day Rule Invoked Commissioners REPORT: Office of the Chairperson Commissioner Jordan invoked the 4-Day Rule on the foregoing proposed resolution. 9/4/2012 Additions 9/4/2012 http://¥rww.miamidade.gov/govaction/matter.asp?matter=121687&file'9:rue&yearFo1der=... 9/20/2012 699 Legislative Matter County Attorney 9/4/2012 County Attorney 8/24/2012 TITLE Assigned Assigned Infrastructure and Land Use Committee Oren Rosenthal Page 2 of2 RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO PROVIDE PRE-PAID RETURN ENVELOPES FOR ABSENTEE BALLOTS BODY WHEREAS, Miami-Dade County recently experienced examples of alleged absentee ballot fraud; and WHEREAS, absentee ballot fraud is typically associated with ballot brokers who seek to influence absentee voters by, among other methods, offering to pay the cost of postage for the return of absentee ballots to the Supervisor of Elections; and WHEREAS, providing postage pre-paid return envelopes for absentee ballots will decrease the ability of ballot brokers to illegally influence voters in Miami-Dade County; and WHEREAS, the right to vote is a fundamental right in a democracy and should not be impeded by the payment of any costs such as postage; and the cost for providing pre-paid return envelopes would not exceed one hundred and seventy thousand dollars ($170,000.00) in any county-wide election, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. It shall be the policy of this Board to provide postage pre-paid return envelopes for all absentee ballots sent out by the Supervisor of Elections. The County Mayor or County Mayor's designee is hereby directed to provide postage pre-paid return envelopes for domestic absentee voters in all elections in Miami-Dade County commencing with the November 6, 2012 general election. Section 2. In the event that there are insufficient ftmds in the budget for the Department of Elections, the Cmmty Mayor or County Mayor's designee is directed to provide the necessary funding to the Department of Elections all costs of providing pre-paid return envelopes for domestic absentee ballots through the mid-year budget amendment. Horne I Using Clur Site I About I Phone Direclory I Privacy 1 Disclaimer E-mail your comments, questions and suggestions to \IY.§li:H!la_sl€)! Web Site© 2012 Miami-Dade County. All rig llts reserved. http:/ /www.miamidade.gov/govaction!matter.asp?mattcr= 1 687 &file=true&yearFolder= ... 9/20/2012 700 TO: Honorable Chairman Joe A. Mal"tinez and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. County Attorney Agenda Item No. 11(A)(l) DATE: September 18, 2012 SUBJECT: Resolution directing the County Mayor to provide pre-paid return envelopes for absentee ballots The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Esteban L. Bovo, Jr. and Co-Sponsor Vice Chairwoman Audrey M. Edmonson. RAC/smm I 701 MEMORANDUM Honorable Chainnan Joe Martinez DATE: and Members, Board of County Commissioners September 18, 2012 :FROM: R A, Cuevas; Jr. SUBJECT: Agenda Item No. 11(A) (1) County Attorney Please note any items checked. "3wDay Rule" for committees applicable if raised 6 week<:~ required between reading public hearing 4 weeks notification to municipal officials required prior to public. hearing Decreases revenues or expenditures without balancing bud,get Budget required Sta.tement of fl..scal impact require.d Ordinance creating a. new board requires detailed County Manager,s :a·eport for public hearing No commiH:ee review Applicable legislation requires more than a majority vote (i.e.; 3/5'.'1 ___,unanimous __ ) to approve Current information regarding funding source, code and available balance, and available capacity (if debt is contemplated) required 702 Approved --------~--......LJ.~~ Veto Override RESOLUTION NO. Agenda Item No. ll(A)(l) 9-18-12 RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO PROVIDE PRE-PAID RETURN ENVELOPES FOR ABSENTEE BALLOTS WHEREAS, Miami-Dade County recently has experienced examples of alleged absentee ballot fraud; and WHEREAS, absentee ballot fraud is typically associated with ballot brokers who seek to influence absentee voters by, among other methods, offel'ing to pay the cost of postage for the return of absentee ballots to the Supervisor of Elections; and WHEREAS, providing postage pre-paid return envelopes for absentee ballots will decrease the abiHty of ballot brokers to illegally influence voters in Miami-Dade County; and WHEREAS, the right to vote is a fundamental right in a democracy and should not be impeded by the payment of any costs such as postage; and WHEREAS, the cost for providing pre-paid return envelopes would not exceed one hundred and seventy thousand dollars ($170,000.00) in any county-wide election, NOW, THEREFORE, BE IT RESOlNED BY OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: It shall be the policy of this Board to provide postage pre-paid return envelopes for all absentee ballots sent out by the Supervisor of Elections. The County Mayor or County Mayor's designee is hereby directed to provide postage pre-paid return envelopes for domestic absentee voters in all elections in Miami-Dade County commencing with the November 6, 2012 general election. 703 Agenda Item No. ll(A)(l) No.2 In the event that there are insufficient funds in the budget for the Department of Elections, County Mayor or County Mayor's designee is directed to provide the necessary funding to the Department of Elections for all costs of providing pre-paid return envelopes for domestic absentee ballots through the mid-year budget amendment. The Prime Sponsor of the foregoing resolution is Commissioner Esteban Bovo, Jr. and the Co-Sponsor is Vice Chairwoman Audrey M. Edmonson. It was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Joe A. Martinez, Chainnan Audrey M. Edmonson, Chairwoman Bruno A. Barreiro Lynda Bell Esteban L. Bovo, Jr. Jose "Pepe 11 Diaz Sally A Heyman Barbara J. Jordan Jean Monestime Dennis C. Moss Rebeca Sosa Sen. Javier D. Souto Xavier L. Suarez The Chairperson thereupon declared the resolution duly passed and adopted this 18th day of September, 2012. This resolution shall become effective ten (10) days after the date of il'l adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Approved by Cmmty Attorney as to form and legal sufficiency. Oren Rosenthal 'I 704 MIAMI-DADE COUNTY, FLORJDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVlN, CLERK THIS PAGE INTENTIONALLY LEFT BLANK 705 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Man FROM: Michael Gongora, Commission DATE: March 5, 2013 SUBJECT: Discussion Item for Commission Meeting Please place on the March Commission a discussion item regarding prohibiting Capitial Improvement Projects or County Capital Improvements Projects during the Miami International Boat Show and Art Basel. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 706 Agenda Item R q G- Date 3--/3-13 THIS PAGE INTENTIONALLY LEFT BLANK 707 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathy Brooks, Interim-City Manager FROM: Jonah Wolfson, Vice-Mayor DATE: March 5th, 2013 SUBJECT: Discussion Item for March 13th, 2013 Commission Meeting Please place on the March 13th, 2013, Commission Agenda a discussion to withdraw from the Planning Board's consideration the proposed Ordinance 11 Revising the Year of Review for Architectural Significance of Single Family Homes From the Current 1942 to the Year 1966, and by Modifying the Procedures for the Review and Approval of Demolition Requests for Single Family Homes Determined to be Architecturally Significant and not Located Within a Designated Historic District 11 (Planning Board File No. 2098), and to refer the matter back to the Land Use and Development Committee for further discussion and evaluation. If you have any questions, please contact Leonor Hernandez at extension 6437. JM/Ih 708 Agenda Item R9 H Date 3-/3-/3 THIS PAGE INTENTIONALLY LEFT BLANK 709 MIAMI BEACH Office of the Mayor and City Commission MEMORANDUM To: Kathie G. Brooks, Interim City Manager From: Matti Herrera Bower, Mayor Date: March 6, 2013 Re: Commission Agenda Item Please place on the March 131h, 2013 Commission Agenda an item to select the city manager. This item should be provided a time immediately following the conclusion of the Consent Agenda. Should you have any questions, please contact Gabrielle Redfern at Extension 6157. Thank you. MHB/fgr 710 Agenda Item Rql Date .A-13-lS THIS PAGE INTENTIONALLY LEFT BLANK 711 R10 CITY ATTORNEY REPORTS MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: s of the City Commission FROM: DATE: March 13, 2013 SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. West Coast Associates of Tampa v. City of Miami Beach, Case No. 13-1627 CC 05 (County Court-in and for Miami-Dade County, Florida) This is an action to foreclose a mechanic's lien on real property located at 4221 Pine Tree Drive, Miami Beach, Florida. The Summons and Complaint were served on the City on January 29, 2013. The City's Motion to Quash Service of Process and Motion to Dismiss was filed on February 4, 2013. 2. Green Tree Servicing. LLC vs. Oscar Rodriguez. et al., Case No. 13-2595 CA 42 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 11801 SW 24 Terrace, Miami, Florida. The Summons and Complaint were served on the City on January 17,2013. 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 was filed on January 29, 2013. 3. JPMorgan Chase Bank, N.A. vs. Lorena P. Sanchez, et al., Case No. 13-2595 CA 42 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 7125 Bay Drive, Unit 406, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on January 29, 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 was filed on February 4, 2013. 713 Agenda Item R \0 {\ Date 3-J'!>-r~ City Attorney's Report March 13, 2013 Page2 4. JPMo an Bank N.A. vs. Vaerus Sizovs et al. Case No. 13-3617 CA 32 (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 16850 S. Glades Drive, Unit 8C, North Miami Beach, Florida. The Summons and Complaint were served on the City on February 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 was filed on February 5, 2013. 5. The 5838 Condominium, Inc. vs. Mercy Llanes, et al., Case No. 13-24442 CC 05 (Circuit Court-11tH Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a condominium lien on real property located at 5838 Collins Avenue, PH-C, Miami Beach, Florida. The Summons and Complaint were served on the City on February 11, 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. 6. JPMorgan Chase Bank, N.A. vs. Aldolfo Lengyel, et al., Case No. 13-5708 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 2231 Calais Drive, Miami Beach, Florida. The Summons and Complaint were served on the City on February 21,2013. 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. 7. JPMorgan Chase Bank, N.A. vs. Eduardo Gonzalez, et al., Case No. 13-5351 CA 42 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1530 NE 191 Street, Unit 101, North Miami Beach, Florida. The Summons and Complaint were served on the City on February 21, 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. JS:SR:Ir F:\A TTO\AAOFF\AAOFF\FI LE.#S\2013\Status report CAO 031313.docx 714 REPORTS AND INFORMATIONAL ITEMS -z "T1 0 --1 m s:: en 1. Reports and Informational Items (see LTC No. 073-2013) Agenda Item I ---.; __ Date 8-!3-J 3 716 THIS PAGE INTENTIONALLY LEFT BLANK 717 MIAMI BE OFFICE OF THE CITY MANAGER NO. LTC# 064-2013 LETIER TO COMMISSION To: From: Date: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks £4£ Interim City Manager /":i/ j February 25, 2013 Subject: List of Projects Covered by the Cone of Silence Ordinance w N In an effort to disseminate information to elected officials and City staff relative to projects that are covered by the requirements of the City's Cone of Silence Ordinance, following please find a list of all current solicitations (i.e., Invitation for Bids ("Bids"), Request for Proposals (RFPs), and Request for Qualifications (RFQs), that to date are covered by said ordinance. Please note that the Cone of Silence is in effect from the date the solicitation is advertised as indicated below, through date of award by City Commission. ITB-08-11/12 RFP-14-11/12 ITB-49-11/2 RFQ-52-11/12 RFP-54-11/12 ITB-66-11/12 RFP-01-01 For A Public-Private Development In Miami Beach On North Lincoln Lane, Between Alton Road And Meridian Avenue, Including City-Owned Parking Lot #25 On 1 ih Street And Lenox Avenue, Parking Lot #26 On North Lincoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson 1/17/2012 Avenue And Meridian Avenue City of Miami Beach Right-Of-Way Infrastructure Improvement Program - 6/8/2012 Venetian Islands Bid Pa e 13C For the Establishment of a Pre-Approved List of Professional Construction Engineering and Inspection (CEI) Firms to Provide Various 8/14/2012 CEI Services On "As-Need" Basis For The Provisions of Credit Card Merchant Processing Services to The City of Miami Beach, For Five-Year Period with Five One- 9/12/2012 Year ons General Building and Specialty Trades Services 012 For Unarmed S Guard Services Citywide City Manager's Office CIP CIP Finance Citywide Citywide 718 Agenda Item __ .J..---:---:--::- Date 3~13 -!<. - RFQ-56-11/12 RFQ-022-2013TC ITN-059-2013ME ITB-060-2013TC RFP-065-2013LR RFP-065-2013TC ITB-075-2013LR RFP-095-20 13ME 9/21/2012 For the Purpose of Conducting and Documenting a Detailed Facilities Condition Assessment of Various Building/Asset Owned by The City of Miami Beach, and to Top Develop a Schedule For Assets and Equipment Replacement Within the Building to Include Current and Project Future acement Costs I riJI 11/ldll llt::llldlll...t:: dnd Security Se at the Lincoln Road Mall For Call Center Services For A Construction Manager At Risk Firm To Provide Pre-Construction Services And Construction Phase Services Via A Guaranteed Maximum Price (Gmp) Amendment For The Scott Rakow Youth Center Ice Skating Rink, Mechanical 12/14/2012 Re And Buildi Renovations 1/2/2013 CC Food and Estimated Issuance Sunset Harbour Pump Stations Retrofit 3/01/2013 and Drain lm nts For Audit Services For An Audit of The City's Capital Improvement Projects Administered By the City's Capital Improvement Projects Office And Other 2/22/2013 C De ents Estimated Issuance 3/01/2013 5/2013 2/14/2013 ay Radio Subscriber Maintenance Services Comprehensive Professional Tennis Management and Operation Services at the City's Flamingo and North Sh'"lre Park Tennis Center Public Works Public Works Citywide CIP Tourism CIP OBPI OBPI IT Parks and Recreation Please note that Bids, RFPs, and RFQs are being issued on a daily basis. Therefore, it is recommended that you or your staff view the list of projects on a regular basis. Should you have any questions, or need additional information, please feel free to contact me. C: Executive Staff and Management Team KGB:PDW:A F:\PURC\$ALL\MONTHL Y REPORTS\CONE LTC\12-13\March to April 2013 Cone LTGdocx 719 AI c )> Commission Agenda, March 13, 2013 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive March 13, 2013 Chairperson of the Board Matti Herrera Bower Member of the Board Jorge Exposito Member of the Board Michael Gongora Member of the Board Jerry Libbin Member of the Board Edward L. Tobin Member of the Board Deede Weithorn Member of the Board Jonah Wolfson Interim Executive Director Kathie G. Brooks Assistant Director Jorge Gomez General Counsel Jose Smith Secretary Rafael E. Granado 1. NEW BUSINESS AGENDA A A Resolution Of The Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Accepting The Recommendation Of The City's Finance And Citywide Projects Committee Pertaining To A Proposed Amendment No. 3 To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami Beach Redevelopment Agency, (Collectively, Lessor) And Penn 17, LLC (Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,655 Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; Recommending That, As Part Of Said Amendment, The Chairperson And Members Of The RDA Approve The Following Amended Schedule Of Rent: 1) Applying One Third ( 1/3) Of The Lessee's Existing Security Deposit, Representing $47,844, Toward Base Rent Owed For The Month Of November 2012; 2) Deferring $8,474 For Common Area Maintenance (CAM) For November 2012, And Base Rent, Plus CAM, For December 2012, In The Total Amount Of $64,792 (Hereinafter Referred To As The Back-Due Rent); 3) Approving An Abatement Of Fifty Percent (50%) Of The Base Rent And CAM Due For The Six (6) Month Period Commencing January 13,2013 Through July 12, 2013; 4) Deferring Fifty Percent (50%) Of The Base Rent And Cam For The Six (6) Month Period Commencing July 13, 2013 Through January 12, 2014; And, 5) Providing For Re- Payment By Lessee Of The One Third Security Deposit And Re-Payment Of The Back-Due Rent For November And December, 2012; All In Accordance With The Payment Schedule Attached As Exhibit "A" Hereto; Further Ratifying The Setting Of A Public Hearing By The City For April 17, 2013, Regarding Lessee's Proposal To Add An Entertainment Component As A New Proposed Use On The Lease Premises (And As Part Of Lessee's Proposal To "Re-Brand" And Re-Open The Premises), And As Required By Section 142-362 Of The City Code. Joint City Commission and Redevelopment Agency (Real Estate, Housing & Community Development) 721 17 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and are generally held on the same day the Miami Beach City Commission holds their regularly scheduled meetings. The Redevelopment Agency meetings commence at l 0:00a.m. l. Jorge M. Gonzalez has been designated as the Agency's Executive Director. Robert Parcher has been designated as the Agenc/s Secretary. 2. Person requesting placement of an item on the agenda must provide a written statement to the Agency Executive Director, 4th Floor, City Hall, 1700 Convention Center Drive, telephone 673- 7285, outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively/ an appointment will be set up to discuss the matter with a member of the Executive Director's staff. Procedurally, 11 Request for Agenda Consideration 11 will not be placed upon the Agency agenda until after Administrative staff review. Such review will ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully apprised of the matter to be presented. Persons will be allowed three (3) minutes to make their presentation and will be limited to those subjects included in their written request. Such written requests must be received in the Executive Director's office no later than noon on Tuesday of the week prior to the scheduled Agency meeting to allow time for processing and inclusion in the agenda package. 3. Once an agenda for the Redevelopment Agency meeting is published, and a person wishes to speak on items listed on the agenda, he/ she may call or come to the Agency Secretary's Office, 1st floor, City Hall, 1700 Convention Center Drive, telephone 673-7 411, before 5:00p.m., on the Tuesday prior to the Agency meeting and give their name, the agenda item to be discussed and, where known, the agenda item number. The Agency agenda is available via the City's website, (www.miamibeachfl.gov) on the Friday prior to the Agency meeting or may be reviewed at the Agency's Secretary Office (City Clerk's Office) on the Monday prior to the Agency's regular meeting. 4. All persons who have been listed by the Agency Secretary to speak on the agenda item in which they are specifically interested, will be allowed up to three (3) minutes to present their views. Robert Parcher Agency Secretary F:\CLER\CLER\CITYCLER\RDA Agenda .V3.doc March 5, 2007 722 REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A Resolution approving the recommendation of the Finance and Citywide Projects Committee pertaining to a proposed Amendment No. 3 to that certain Retail Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency, and Penn 17, LLC. (Lessee), dated September 16, 2011, involving the lease of approximately 7,655 square feet of ground floor retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; recommending that, as part of said Amendment, the Chairperson and Members of the RDA approve the following amended schedule of rent: 1) applying one third (1/3) of the Lessee's security deposit in the amount of $47,844 towards back-due rent amounts owed for the month of November, 2012; 2) deferring of $8,474 for Common Area Maintenance (CAM) for November, 2012, and Base Rent, plus CAM, for December, 2012, in the amount of $64,792 (Back-Due Rent); 3) approving an abatement of fifty percent (50%) of the Base Rent and Common Area Maintenance (CAM) for the six-month period commencing January 13 through July 12, 2013; 4) deferring fifty percent (50%) of the Base Rent and CAM for the six-month period commencing July 13 through January 12, 2014; and 5) providing for re- payment by Lessee of the one-third security deposit and Back-Due Rent for November and December,2012, in the manner outlined in Schedule "A" attached to the Resolution; further setting a Public Hearing for April 17, 2013, regarding Lessee's proposal to add an entertainment component to the use, as required by Section 142-362 of the City Code. Key Intended Outcome Supported: Increase resident satisfaction with the level of services and facilities. Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61% of the same group would recommend Miami Beach as a place to do business. Issue: Shall the City Commission authorize the Administration to finalize for execution Amendment No. 3 to the Lease A reement? Item Summary/Recommendation: The Tenant is requesting rent relief in connection with operational complications resulting from the failure of its air conditioning system. The Tenant alleges that the current location of its air conditioning compressors located between the first and second floor of the garage alongside the entrance ramp, is inadequate to support the size units required to cool a restaurant operation of the scale involved in Cooper Avenue. As a solution, Tenant seeks to relocate all eight compressors to the roof of the garage, (which relocation, if accomplished, will occupy five roof-top parking spaces). On December 20, 2012, and January 24, 2013, the Finance & Citywide Projects Committee (FCWPC) considered proposed terms and conditions for restructuring the Tenant's rent payments. The FCWPC expressed support for providing some level of relief to the Tenant, but not at the risk of turning the City's position upside down and subject to the inclusion of specific release language absolving the City of any liability regarding Tenant's cost overruns and claims related to loss of business. The FCWPC further recommended in favor of modifying the Lessee's rent schedule as delineated in the above title section. Additionally, the Tenant has provided the Administration with a preliminary business plan which proposes that the restaurant, when re-opened by July 2013, will house three individual concepts: an anchor restaurant facing 1in Street, involving the Tenant's relocation of its Bond Street Restaurant; a celebrity chef late-night fast casual eatery in the center section of the space, and a lounge/bar in the existing bar area (The lounge bar). Since the lounge bar is being proposed to include entertainment, which is not a permitted use in the CCC civic and convention center district, a public hearing is required under Section 142-362 of the City Code to approve such use. Considering that Penn 17, LLC has paid 50% of the January and February 2013 Base Rent and CAM, and given the length of time required to re-lease the space to a new tenant, the Administration recommends that the City Commission accept the recommendation of the FCWPC pertaining to the amended rent schedule in the manner outlined on the schedule attached as Exhibit "A" hereto, and further setting a public hearing for April 17, 2013, regarding Lessee's proposal to add an entertainment component to the use, as required by Section 142-362 of the City Code. Advisor Board Recommendation: Source of Funds: Financial Impact Summary: Amount City Clerk's Office Legislative Tracking: I Anna Parekh, ext. 6471 Account -----------1 _, --·~~--------------------------------------------------------------------------~ Sign-Offs: RHCD Director AP f<GB/MAS/1\P//KOB AGENDA tTEM __,__}---'--A __ _ DATE 3-IS-/) MJAMIBEACH 723 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vvww.miomibeochfl.gov TO: FROM: DATE: SUBJECT: REDEVELOPMENT AGENCY MEMORANDUM Chairperson and Members of the Miami Beach Redevelopment Agency Kathie G. Brooks, Interim Executive Director ;:t'~(-- March 13, 2013 A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), ACCEPTING THE RECOMMENDATION OF THE CITY'S FINANCE AND CITYWIDE PROJECTS COMMITTEE PERTAINING TO A PROPOSED AMENDMENT NO.3 TO THAT CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY, (COLLECTIVELY, LESSOR) AND PENN 17, LLC (LESSEE), DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY 7,655 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA; RECOMMENDING THAT, AS PART OF SAID AMENDMENT, THE CHAIRPERSON AND MEMBERS APPROVE THE FOLLOWING AMENDED SCHEDULE OF RENT: 1) APPLYING ONE THIRD (1/3) OF THE LESSEE'S EXISTING SECURITY DEPOSIT, REPRESENTING $47,844, TOWARD BASE RENT OWED FOR THE MONTH OF NOVEMBER 2012; 2) DEFERRING $8,474 FOR COMMON AREA MAINTENANCE (CAM) FOR NOVEMBER 2012, AND BASE RENT, PLUS CAM, FOR DECEMBER 2012, IN THE TOTAL AMOUNT OF $64,792 (HEREINAFTER REFERRED TO AS THE BACK- DUE RENT); 3) APPROVING AN ABATEMENT OF FIFTY PERCENT (50%) OF THE BASE RENT AND CAM DUE FOR THE SIX (6) MONTH PERIOD COMMENCING JANUARY 13, 2013 THROUGH JULY 12, 2013; 4) DEFERRING FIFTY PERCENT (50%) OF THE BASE RENT AND CAM FOR THE SIX (6) MONTH PERIOD COMMENCING JULY 13, 2013 THROUGH JANUARY 12, 2014; AND, 5) PROVIDING FOR RE- PAYMENT BY LESSEE OF THE ONE THIRD SECURITY DEPOSIT AND RE-PAYMENT OF THE BACK-DUE RENT FOR NOVEMBER AND DECEMBER, 2012; ALL IN ACCORDANCE WITH THE PAYMENT SCHEDULE ATTACHED AS EXHIBIT "A" HERETO; FURTHER RATIFYING THE SETTING OF A PUBLIC HEARING BY THE CITY FOR APRIL 17, 2013, REGARDING LESSEE'S PROPOSAL TO ADD AN ENTERTAINMENT COMPONENT AS A NEW PROPOSED USE ON THE LEASE PREMISES (AND AS PART OF LESSEE'S PROPOSAL TO "RE-BRAND" AND RE- OPEN THE PREMISES), AND AS REQUIRED BY SECTION 142-362 OF THE CITY CODE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On April13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27647, approving a Lease Agreement, as amended on February 8, 2012, and June 6, 2012, respectively (the Lease), having a term of nine (9) years and 364 days, between the City, the RDA (collectively, the Lessor) 724 Redevelopment Agency Memorandum Penn 17, LLC-Retail Lease Amended Rent Schedule March 13, 2013 Page 2 of 5 and Penn 17, LLC. (Lessee or Tenant), for use of approximately 7,655 square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop. The space currently houses the former Cooper Avenue Restaurant, which has been closed since December 17, 2012. On November 15, 2012, the City issued a letter putting the Tenant on notice of certain compliance- related issues, including non-payment of rent for the months of October and November. On November 21, 2012, the City received a letter in response to its 11/15/12 letter from Tenant's legal counsel, Jeffrey Rynor, requesting rent relief in connection with operational complications resulting from the failure of the air conditioning system on the Leased Premises. The Tenant alleged that the current location of the air conditioning compressors, located between the first and second floor of the garage alongside the entrance ramp, was inadequate to support the size units required to cool a restaurant operation of the scale involved in Cooper Avenue. As a solution, Tenant requested to relocating all eight compressors to the roof of the garage, (which relocation, if accomplished, will occupy five roof-top parking spaces). On December 12, 2012, the City Commission referred the Tenant's request 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 City Commission meeting, the Tenant informed staff that it wasn't in a position to remit rent for the three- month period, and instead remitted a wire transfer for the October, 2012 rent. On December 17, 2012, the Tenant informed staff that it had closed Cooper Avenue Restaurant, with the intent of re-opening in February, 2012 under a new name and concept. ANALYSIS The issue was addressed at the December 20, 2012 FCWPC, during which the Tenant presented its request to reduce its rent payments by 50% over the next twelve (12) months; apply two months of the three-month security deposit it had paid at Lease execution towards the back rent due for November and December's rent; and have the City share in the cost of relocating the compressors to the roof of the garage, (the cost of which was estimated to be approximately $65,000). The Tenant also indicated that it would prefer to address the relocation of the compressors as well as the kitchen exhaust venting (as was requested by the New World Symphony) at the same time and under one engineering contract. The FCWPC was in favor of entertaining a deferral of the Tenant's rent, but for period of less than twelve months. It was not in favor of a rent abatement or on relinquishing a portion of the requested security deposit, unless the Tenant could provide a Letter of Credit or performance bond. The FCWPC directed staff to negotiate terms for a rent deferral to present to the City Commission, and to also incorporate release language absolving the City of any liability with regards to any claims made by the Tenant concerning construction delays and/or issues concerning the relocation of the HVAC compressors, as well as the kitchen exhaust venting. The FCWPC also recommended staving off further legal action, including proceeding to default the Tenant under the Lease and commencing eviction proceedings, pending the outcome of negotiations. The Tenant was also asked to provide an estimated time frame for re-opening the restaurant. On January 2nd, staff proposed the following rent payment plan: ~ November and December 2012 rent payments be deferred until year three of the Lease; 2 725 Redevelopment Agency Memorandum Penn 17, LLC -Retail Lease Amended Rent Schedule March 13, 2013 Page 3 of 5 '";> commencing on January 14,2013 and through June 14,2013, City will abate 50% of rents due. This results in a rent abatement equivalent to three full month's rent; -,. in the meantime, all outstanding sidewalk cafe fees, concurrency fees, and Resort Tax fees, will be due and payable by January 8, 2013; ;.;... Tenant was informed that due dates for the initial payments were important because the January 16th City Commission agenda would be printed on January 9th and, in an effort to demonstrate good faith, the City should receive the outstanding sidewalk cafe, concurrency, and Resort Tax fees by January 8th. Tenant was further informed that the first 50% rent payment must be received timely on January 14th so that the City Commission can be informed on January 16th when the matter is discussed. On January 3rd, Tenant rejected the above-stated proposal, stating that it had shown good faith by paying October rent, and counter-proposed the following: 'Y reduce the security deposit by two months due to the major improvements made and the value it has contributed to the building, and in light of the high rent for the space; '";> as to concurrency fees, Tenant requested that amounts paid to date remain on account pending a revision of the concept; ');; as to the rent for 2013, the Tenant wished to pay 50% for 12 months at 50%, however, "for the sake of finding a fast and manageable solution it would accept the following: o first 6 months at 50% and the balance is permanently abated; o second 6 months are also billed at 50% but the balance gets paid over year 5-6 as rent additions, so the balance of 180K gets paid over 24 months, at approximately $7500 per month." After further negotiations, on January 91h, staff proposed: > applying fifty percent (50%) of the security deposit, in the amount of $71,765 towards back- due rent amounts owed for November and December 2012, totaling $112,635; leaving a balance of $40,870 (Back Rent) to be repaid in six (6) equal monthly installments commencing on July 13,2013 and ending on January 14, 2014; ';;> granting an abatement of fifty percent (50%) of the Base Rent and Common Area Maintenance (CAM) due for the six (6) month period commencing January 13, 2013 through July 12, 2013; >o-reimbursement of that portion of the security deposit applied to the Back Rent, in the amount of $71,765, to be repaid in twelve (12) equal monthly installments commencing in the fifth year of the Lease Term and ending on the last day of the fifth year of the Lease Term; 'r granting a deferral of fifty percent (50%) of the Base Rent and CAM for the six (6) month period, commencing July 13, 2013 through January 14, 2014 ("Deferral Period"), to be repaid by the Tenant in twenty four (24) equal monthly installments, commencing in the sixth year of the Lease Term and ending on the last day of the seventh year of the Lease Term . It should be noted that the repayment provisions proposed by staff for the replenishment of the security deposit and the deferred rent were structured in a manner to mitigate any overlap in the Tenant's pre-existing obligation to begin repaying the two-month rent deferral granted as part of Amendment No.2 to the Lease Agreement, which becomes effective commencing in Year 3 of the Lease. The Tenant responded to the January gth proposal by saying that "what we truly need is to start the repayment schedule in 2014 and concentrate on building the business in 2013." During further discussions, the Tenant expressed: 3 726 Redevelopment Agency Memorandum Penn 17, LLC -Retail Lease Amended Rent Schedule March 13, 2013 Page 4 of 5 ).-that given the fact that it doesn't anticipate being back in operation and generating cash flow until at least mid~2013, a nine (9)~month abatement of its rent be granted, from January until September, 2013; '? remittance of the balance of the Back Rent owed, commencing in January, 2014. Given the impasse on the negotiations, the Administration was unable to present a recommendation to the City Commission, and instead reported back to the FCWPC on January 24, 2013, to request further direction on how to proceed. It should be noted that ahead of the meeting, on January 16, 2013, staff sent a letter to the Tenant, demanding payment of outstanding Resort Tax, in the amount of $9,295.43 (based on the Tenant's own reconciliation dated January 8, 2013), as well as half of January's rent, in the amount of $28,158.87, plus applicable sales tax, as a condition precedent to the matter being re~discussed at FCWPC on January 24, 2013. On January 18, 2013, Tenant hand- delivered two checks: one in the amount of $9,295.43 representing payment of the outstanding Resort Tax; and one in the amount of $30,003.20 representing 50% of the January rent plus sales tax. The FCWPC expressed support for providing some level of relief to the Tenant, but not at the risk of turning the City's position upside down. The FCWPC was against allocating 50% of the security deposit toward the outstanding rent due for November and December, 2012, and instead only recommended releasing one-third of the security deposit, in the amount of $47,844, leaving a balance of $64,791, to be repaid commencing in January, 2014 (as requested by the Tenant). The FCWPC further recommended in favor of the terms, as proposed by staff, including: 1) applying one~third (1 /3) of the Lessee's existing security deposit, representing $47,844, towards Base Rent owed for the month of November, 2012; 2) deferring $8,474 for Common Area Maintenance (CAM) for November, 2012, and Base Rent plus CAM for December 2012, in the total amount of $64,792 (Back-Due Rent); 3) granting an abatement of 50% of the base rent and Common Area Maintenance (CAM) due for the six (6) month period commencing January 13, 2013 through July 12, 2013; 4) granting a deferral of fifty percent (50%) of the Base Rent and CAM for the six (6) month period, commencing July 13, 2013 through January 14, 2014 ("Deferral Period"), to be repaid by the Tenant in twenty four (24) equal monthly installments, commencing in the sixth year of the Lease Term and ending on the last day of the seventh year of the Lease Term; 5) reimbursement of the security deposit amount applied to back rent in the amount of $47,844, to be repaid in twelve (12) equal monthly installments commencing in the fifth year of the Lease Term and ending on the last day of the fifth year of the lease Term A schedule reflecting the revised rent schedule, as proposed, is included as Exhibit "A" to this memorandum. Tenant has paid 50% of the January and February 2013 Base Rent and CAM. The FCWPC again insisted that any agreement with the Tenant be subject to the inclusion of release language absolving the City of any liability. Commissioners Weithorn and Exposito voted in favor of the recommendation, while Commissioner Libbin withheld voting in favor of the recommendation until such time the Tenant was able to provide a business plan for the re~opening of the restaurant. In the meantime, the Tenant is working on addressing final comments from the Building Department to obtain approval of its plans to relocate the air conditioning units, which it hopes to be able to coordinate in conjunction with the reconfiguration and relocation of the kitchen exhaust. At the request of the FCWPC, Tenant has provided the Administration with a preliminary business 4 727 Redevelopment Agency Memorandum Penn 17, LLC -Retail Lease Amended Rent Schedule March 13, 2013 Page 5 of 5 plan which proposes that the Leased Premises, when re-opened by July 2013, will house three individual concepts: an anchor restaurant facing 1 ih Street, involving the Tenant's relocation of its Bond Street Restaurant; a celebrity chef late-night fast casual eatery in the center section of the space; and a lounge/bar in the existing bar area. Since the lounge/bar component is being proposed to include entertainment, which is not listed main permitted use in the Civic and Convention Center (CCC) zoning district, a public hearing is required under Section 142-362 of the City Code to approve such use. The Administration has reviewed and analyzed the business plan provided by Penn 17, LLC and based on experience with other restaurant operations in the City and, the tenant's prior experience with Cooper Avenue, believe the revenue projections may be optimistic. CONCLUSION AND RECOMMENDATION Considering that Penn 17, LLC has paid 50% of the January and February 2013 Base Rent and CAM, and given the length of time required to re-lease the space to a new tenant, the Administration recommends that the City Commission accept the recommendation of the FCWPC pertaining to the amended rent schedule (in the manner outlined on the schedule attached as Exhibit "A" hereto), and further set a public hearing for April17, 2013, regarding Lessee's proposal to add an entertainment component to the Leased Premises, and as required by Section 142-362 of the City Code. The Administration will also continue to closely monitor the lease KGB\MS\AP\KOB Attachments T:\AGENDA\2013\March 13\Penn 17 Retail Lease RDA MEM.doc 5 728 EXHIBIT A Penn 17. LLC Rent Schedule Lease Commencement: October 13, 2011 Rent Commencement: April14, 2012 Current Proposed tease Yegr: 2 Rent Rent Total Monthly Total Monthly Base Rent Repayment CAM Abatement Deferment Payment Payment 01/13/13 $ 47,843 75 $ $ 8.474.00 $ (28.158.88) $ $ 56.317.75 $ 28.158.87 02/13/13 $ 47.843.75 $ $ 8.474.00 $ (28.158.88) $ $ 56.317.75 $ 28.158.87 03/13/13 $ 47.843.75 $ $ 8,474.00 $ (28. 158.88) $ $ 56.317.75 $ 28.158.87 04/13/13 $ 47,843.75 $ $ 8.474.00 $ (28, 158.88) $ $ 56.317.75 $ 28.158.87 05/13/13 $ 47.843.75 $ $ 8,474.00 $ (28.158.88) $ $ 56.317 75 $ 28.158.87 06/13/13 $ 47.843.75 $ $ 8.47 4.00 $ (28.158.88) $ $ 56.317.75 $ 28.158.87 07/13/13 $ 47.843.75 $ $ 8.474.00 $ $ (28.158.88) $ 56.317.75 $ 28.158.87 08/13/13 $ 47.843.75 $ $ 8.474.00 $ $ (28.158.88) $ 56.317.75 $ 28.15887 09/13/13 $ 47.843.75 $ $ 8.474.00 $ $ 128.158.88) $ 56.317.75 $ 28.158.87 Total: $ 430.593.75 $ $ 76,266.00 $ (166, 953.26) $ (64.476.64) $ 506,659.75 $ 253,429.63 Current Proposed Legse Year: 3 Rent Rent Total Monthly Total Monthly Base Rent Repayment (1 and 2) CAM Abatement Deferment Payment Payment $ 49.279.06 $ 2.658.00 $ 8.474.00 $ $ (28.876.53} $ 60.411.06 $ 31.534.53 11 !13/13 $ 49.279.06 $ 2.658.00 $ 8.474.00 $ $ (28.876.53) $ 60.411.06 $ 31.534 53 12/13/13 $ 49,279.06 $ 2.658.00 $ 8.474.00 $ $ (28.87 6.53) $ 60.411.06 $ 31.534.53 01/13/14 $ 49.279.06 $ 8.057.00 $ 8.474.00 $ $ $ 65.810.06 $ 65,810.06 02/13/14 $ 49.279.06 $ 8.057.00 $ 8.474.00 $ $ $ 65.810.06 $ 65.810.06 03/13/14 $ 49.279.06 $ 8.057.00 $ 8.47 4.00 $ $ $ 65.810.06 $ 65,810.06 04/13/14 $ 49.279.06 $ 8,057.00 $ 8.47 4.00 $ $ $ 65,810 06 $ 65.810.06 05/13/14 $ 49.279.06 $ 8.057.00 $ 8.474.00 $ $ $ 65.810.06 $ 65.810.06 06/13/14 $ 49.279.06 $ 8.057.00 $ 8.47 4.00 $ $ $ 65,810.06 $ 65.810.06 07/13/14 $ 49,279.06 $ 8.057 00 $ 8.474.00 $ $ $ 65.810.06 $ 65.810.06 08/13/14 $ 49,279.06 $ 8.057.00 $ 8,474.00 $ $ $ 65.810.06 $ 65.810.06 09/13/14 $ 49.279.06 $ 8.057.00 $ 8.474.00 $ $ $ 65.810.06 $ 65.810.06 Total: $ 591.346.72 $ 60.487.00 $ 101,688.00 $ $ (86,629.59) $ 773,523.72 $ 686,894.13 Current Proposed Lease Year: 4 Rent Rent Total Monthly Total Monthly llase Rent Repayment (1 and 2) CAM Abatement Deferment Payment Payment $ 50.757.43 $ 8.057.00 $ 8,474.00 $ $ $ 67.288.43 $ 67.288.43 11/13/14 $ 50.757.43 $ 8.057.00 $ 8,474.00 $ $ $ 67.288.43 $ 67,288.43 12/13/14 $ 50.757.43 $ 8.057.00 $ 8.47 4.00 $ $ $ 67.288.43 $ 67.288.43 01/13/15 $ 50.757.43 $ 2.658.00 $ 8.474 00 $ $ $ 61.889.43 $ 61.889.43 02/13/15 $ 50,757.43 $ 2,658.00 $ 8.474.00 $ $ $ 61.889.43 $ 61.889.43 03/13/1 5 $ 50.757.43 $ 2,658.00 $ 8.474.00 $ $ $ 61.889.43 $ 61,889.43 04/13/15 $ 50,757.43 $ 2,658.00 $ 8.474.00 $ $ $ 61.889.43 $ 61.889.43 05/13/15 $ 50.757.43 $ 2.658.00 $ 8.474 00 $ $ $ 61.889.43 $ 61.889.43 06/13/15 $ 50.757.43 $ 2,658.00 $ 8.474.00 $ $ $ 61.889.43 $ 61.889.43 07!13/15 $ 50.757.43 $ 2.658.00 $ 8.474.00 $ $ $ 61,889.43 $ 61.889.43 08/13/15 $ 50.757.43 $ 2.658 00 $ 8.474.00 $ $ $ 61.889.43 $ 61.889.43 09/13/15 $ 50.757.43 $ 2.658.00 $ 8.474.00 $ $ $ 61.889.43 $ 61.889.43 Total: $ 609,089.16 $ 46,093.00 $ 101,666.00 $ $ $ 758,870.16 $ 756.670.16 Page 1 of 2 729 EXHIBIT A Penn 17, LLC Rent Schedule Lease Commencement: October 13, 2011 Rent Commencement: April14, 2012 Current Proposed Lease Year: 5 Rent Rent Total Monthly Total Monthly Base Rent Repayment (2 and 3) CAM Abatement Deferment Payment Payment $ 52,280.15 $ 6,645.00 $ 8.474.00 $ $ $ 63,412.15 $ 67,399.15 11/13/15 $ 52,280.15 $ 6,645.00 $ 8.474 00 $ $ $ 63.412.15 $ 67,399.15 12/13/15 $ 52,280.15 $ 6.645.00 $ 8,47 4.00 $ $ $ 63.412.15 $ 67,399.15 01/13/16 $ 52,280.15 $ 6.645.00 $ 8,474.00 $ $ $ 63.412.15 $ 67.399.15 02/13/16 $ 52,280.15 $ 6,645.00 $ 8,474.00 $ $ $ 63.412.15 $ 67.399.15 03/13/16 $ 52.280.15 $ 6.645.00 $ 8.474.00 $ $ $ 63.412.15 $ 67,399.15 04/13/16 $ 52,280.15 $ 6.645.00 $ 8.474.00 $ $ $ 63.412.15 $ 67,399.15 05/13/16 $ 52.280.15 $ 6,645.00 $ 8,474.00 $ $ $ 63,412.15 $ 67,399.15 06/13/16 $ 52.280.15 $ 6.645.00 $ 8.47 4.00 $ $ $ 63.412.15 $ 67,399 15 07/13/16 $ 52,280.15 $ 6,645.00 $ 8.474.00 $ $ $ 63.412.15 $ 67,399 15 08/13/16 $ 52,280.15 $ 6,645.00 $ 8.474.00 $ $ $ 63.412.15 $ 67,399.15 09/13/16 $ 52.280.15 $ 6.645.00 $ 8.474.00 $ $ $ 63.412.15 $ 67,399.15 Total: s 627,361.80 s 79,740.00 s 101,688.00 s s s 760,945.80 $ 808,789.80 Current Proposed Lease Year: 6 Rent Rent Total Monthly Total Monthly Base Rent Repayment (4) CAM Abatement Deferment Payment Payment $ 53,848.56 $ 7.129.43 $ 8,47 4.00 $ $ $ 62,322.56 $ 69,451.99 11/13/16 $ 53.848.56 $ 7,129.43 $ 8.474.00 $ $ $ 62.322.56 $ 69.451.99 12/13/16 $ 53.848.56 $ 7,129.43 $ 8.474.00 $ $ $ 62.322.56 $ 69.451.99 01!13/17 $ 53,848.56 $ 7,129.43 $ 8,474.00 $ $ $ 62,322.56 $ 69.451.99 02/13/17 $ 53.848.56 $ 7.129.43 $ 8.474.00 $ $ $ 62.322.56 $ 69.451.99 03/13/17 $ 53,848.56 $ 7,129.43 $ 8,474.00 $ $ $ 62,322.56 $ 69,451.99 04/13/17 $ 53.848.56 $ 7.129.43 $ 8.474.00 $ $ $ 62.322.56 $ 69.451.99 05/13/17 $ 53.848.56 $ 7,129.43 $ 8.474.00 $ $ $ 62.322.56 $ 69.451.99 06/13/17 $ 53.848.56 $ 7,129.43 $ 8.474.00 $ $ $ 62.322.56 $ 69.451.99 07/13/17 $ 53,848.56 $ 7,129.43 $ 8,474.00 $ $ $ 62.322.56 $ 69.451.99 08/13/17 $ 53.848.56 $ 7,129.43 $ 8.474.00 $ $ $ 62.322.56 $ 69,451.99 09/13/17 $ 53.848.56 $ 7,129.43 $ 8,474.00 $ $ $ 62,322.56 $ 69,451.99 Total: $ 646,182.72 $ 85,553.16 s 101,688.00 $ s s 747,870.72 $ 833,423.88 Current Proposed lease Year: 7 Rent Rent Total Monthly Total Monthly Base Rent Repayment (4) CAM Abatement Deferment Payment Payment $ 55.464.02 $ 7,129.43 $ 8.47400 $ $ $ 63,938.02 $ 71,067.45 11/13/17 $ 55.464.02 $ 7,129.43 $ 8.47 4.00 $ $ $ 63.938.02 $ 71.067.45 12/13/17 $ 55.464.02 $ 7,129.43 $ 8.474.00 $ $ $ 63,938.02 $ 71.067.45 01/13/18 $ 55.464.02 $ 7,129.43 $ 8.474.00 $ $ $ 63.938.02 $ 71.067.45 02/13/18 $ 55,464.02 $ 7,129.43 $ 8.474.00 $ $ $ 63,938.02 $ 71.067.45 03!13/18 $ 55.464.02 $ 7,129.43 $ 8.474.00 $ $ $ 63,938.02 $ 71,067.45 04/13/18 $ 55.464.02 $ 7,129.43 $ 8,474.00 $ $ $ 63,938.02 $ 71.067 45 05/13/18 $ 55.464.02 $ 7.129.43 $ 8.474.00 $ $ $ 63,938.02 $ 71.067.45 06/13/18 $ 55.464.02 $ 7,129.43 $ 8.474.00 $ $ $ 63,938.02 $ 71.067.45 07/13/18 $ 55.464.02 $ 7,129.43 $ 8.47 4.00 $ $ $ 63,938.02 $ 71.067.45 08/13/18 $ 55.464.02 $ 7,129.43 $ 8.474.00 $ $ $ 63,938.02 $ 71.067.45 09/13/18 $ 55,464.02 $ 7,129.43 $ 8.474.00 $ $ $ 63,938.02 $ 71.067.45 Total: s 665,568.24 s 85,553.16 $ 101,688.00 $ $ s 767,256.24 s 852,809.40 Page 2 of 2 730 RESOLUTION TO BE SUBMITTED 731 THIS PAGE INTENTIONALLY LEFT BLANK 732